Local News - The Journal

Shiprock farmers deal with plume

The warning came a week ago Thursday: A vast, poisonous plume of mine waste had been accidentally released into a Colorado creek, and it was now streaming inexorably toward the San Juan rive...

DATE: Aug 17, 2015 | CATEGORY: Local News

What will it take to get Superfund status in Silverton?

Silverton opposes Superfund amid threat downstream

DATE: Aug 17, 2015 | CATEGORY: Local News

Residents push back on address change

County littered with incorrect addresses

DATE: Aug 17, 2015 | CATEGORY: Local News

Animas River reopens after Gold King Mine fiasco

Advisory issued for recreational users

DATE: Aug 15, 2015 | CATEGORY: Local News

River warning reaches Montezuma County

DATE: Aug 13, 2015 | CATEGORY: Local News

A cafe with a view

DATE: Aug 13, 2015 | CATEGORY: Local News

Kuhn bond denied; hearing delayed

A Cortez man convicted in his baby’s death will remain in custody on a no-bond hold pending a revocation hearing next week. Appearing via telephone at a hearing on Tuesday, Aug. 1...

DATE: Aug 13, 2015 | CATEGORY: Local News

Irrigation ditch flushing begins

On Wednesday evening, select irrigation ditches were inspected and flushed as a first step toward opening the ditches for farmers and ranchers who depend on the Animas River for watering liv...

DATE: Aug 13, 2015 | CATEGORY: Local News

Verdict reached in sex assault

Cortez man could finish life in prison

DATE: Aug 13, 2015 | CATEGORY: Local News

Asbestos removal complicates future of the old school

Re-1 school district officials have found themselves between a rock and hard place with the old Montezuma-Cortez High School building. The district made a rock-solid promise to te...

DATE: Aug 12, 2015 | CATEGORY: Local News

Mancos boil alert order lifted

The Colorado Department of Public Health and Environment has given the green light to Mancos water system users. A boil alert has been in effect since water service was restored on Monday af...

DATE: Aug 12, 2015 | CATEGORY: Local News

Contractor estimates M-CHS injected $10M into local economy

Now that the dust has settled and the doors are open, the lead contractor for the Montezuma-Cortez High School, Nunn Construction, estimates that it injected roughly $10 million into the loc...

DATE: Aug 11, 2015 | CATEGORY: Local News

Singing for the rain: Mancos Valley Chorus debuts water-themed spring concertsShows blend familiar favorites and a cappella arrangement in a lighthearted nod to the dry season“Wade in the water,” the chorus sang – stopped, then took a few cues from the director and tried it again.

As all of Montezuma County waits on rain, the Mancos Valley Chorus is putting together a different strategy this spring: They are singing for it.

“I wanna know: Have you ever seen the rain,” sang soloist Zane Ferguson last name?during Tuesday evening’s practice inside the Mancos United Methodist Church.The Mancos Valley Chorus moved between harmonies and corrections between bursts of laughter, piecing together a spring program built entirely around one theme: water.The finishing touches to the program were practiced during a final dress rehearsal ahead of a series of free concertsin the coming weeks that are free to the public in coming soon to Mancos and Cortez. Performances are occurring at 3 p.m. Sunday at the Mancos United Methodist Church, 7 p.m. Tuesday at Lamp Post Creative Learning Center outside Cortez, 7 p.m. Wednesday at First United Methodist Church of Cortez, and for the hometown grand finale, 7 p.m. May 8 at the Mancos United Methodist Church. The Sunday concert and May 8 concert have receptions to follow. “We are hoping that our concert season will be a rain dance to the rain Gods singing for the monsoons,” Becky Walker, choir member and secretary, said.The spring concert is titled "Water Music" and features a set list inspired by rivers, oceans, and rain.

The set list is a mix of different keys, a capella arrangements exploring contrasting musical textures, and recognizable tunes like "Bridge Over Troubled Water" and "Drunken Sailor.”“The newer composition is a capella, which is big for us,” Walker said.The nonprofit chorus has run for nearly three decades on these high spirits, with practices beginning three months in advance. The time commitment for the volunteer group is a larger ask on already busy schedules, but practices are full of energy.

It’s easy to participate in the ensemble — the group requires no auditions and provides members with audio recordings so they can learn their parts by ear without needing to read sheet music.Participation in the ensemble is highly accessible, as the group requires no auditions and provides audio recordings so members can learn their parts by ear without needing to read sheet music.“You are positive we are saying the right notes? Because I feel insane,” one singer, giggling, asked the director, Maggie Gillete, on Tuesday.lightly joking | (Did she smile or laugh, which revealed the playfulness?)-CB The choir member giggled and smiled. -AWGillette reassured the singer.Director Maggie Gillette then replied: “Yes, that’s right, it’s just a weird part. I promise,” she said before moving on to explain how the piece builds to a crescendo.

Gillette said she joined the chorus as a singer before taking over the helm in 2019. She selects and arranges the music for the choir’s two annual programs — a spring concert and a Christmas performance. Did Gillette say this? - CB AW response: Yes.Often, she invents new melodies and arrangements, and even mashes together old classics, such as during last year’s Christmas carols that sang a Santa medley plus a couple lines in French.While the events are open to the public at no cost, the organization relies on voluntary donations to sustain its operations. It is an inclusive group that’s not church-based but includes members of wide age ranges, from participants in their teens to some in their eighties. Were you told this or was it an observation? - CB - AW response: Observation plus facts stated during previous reporting knowledge.

A little after 8 p.m., Gillette offered some fine-tuning notes, advising singers to listen for specific keys, to keep practicing during off-time and to refine their facial expressions.“We need to be a chorus about people. If we don’t care about our people and our families – if you have a family emergency or a celebration of life – that comes first. Obviously, you should miss a concert,” Gillette said after one singer said they might miss part of a show. awatson@the-journal.com

Shows blend familiar favorites and a cappella arrangement in a lighthearted nod to the dry season

Mystery truck rolls through Cortez, briefly pausing traffic and sparking questionsEmpty vessel tied to Thacker Pass lithium project in NevadaA massive steel giant crept through downtown Cortez on Tuesday afternoon, halting traffic on West Main Street and sparking a simple, shared question among dozens of bewildered onlookers: What on Earth is that?The sight prompted a countywide text alert, inquiries to the Colorado Department of Transportation as crews repositioned traffic lights, and a response from the sheriff’s office, which happened to be making an arrest on the same street for an unrelated matter.The hundreds-ton commercial ship, inching forward, paused at about 1 p.m. before turning and briefly heading the wrong direction.

An answer to the collective question came later: The load was an empty vessel owned by Omega Morgan, a specialized heavy-hauler and private contractor, passing through en route to the Thacker Pass lithium mine near Winnemucca, Nevada.It is one of several large components moving through the region as part of a broader effort to build out infrastructure at the Thacker Pass Lithium Project.Located about 60 miles northwest of Winnemucca in northern Humboldt County, the mine is a source of sedimentary lithium used to produce battery-grade lithium carbonate.

The site is considered one of the world’s largest lithium deposits, according to the Nevada Division of Minerals. Some estimates suggest the mine could produce nearly 25% of the supply needed to meet growing demand for lithium-based energy storage, including rechargeable batteries and electric vehicles. Federal policies in the United States and other countries have increased the push away from internal combustion engines, raising the stakes for new mining projects.Several vehicles and components from across the country are traveling to the site, according to Kelly Johnson, an Omega Morgan employee.“We got several parts being shipped there coming out of Texas, Wisconsin and other states and going to Nevada,” Johnson said.Initial construction at the mine began in 2023, with completion targeted for 2027. The project faced years of scrutiny, including lawsuits from tribal nations, environmental groups and a rancher. Northern Paiute people inhabited parts of Nevada for thousands of years, and some tribal members asked U.S. courts to halt production.The lawsuits claimed the area is a sacred site containing ancestral graves, that the U.S. Bureau of Land Management’s environmental review was flawed, and that the project would harm wildlife and contaminate groundwater. A Ninth U.S. Circuit Court of Appeals panel ruled in 2023 against the environmental and tribal plaintiffs, allowing the project to proceed.The project is owned by Canadian corporation Lithium Americas, with joint investment from General Motors, and is moving forward in part with a $2.26 billion loan from the U.S. Department of Energy.A few dozen spectators lingered on sidewalks Tuesday, filming videos and sharing speculation. By late afternoon, the oversized load rolled out of view and downtown traffic returned to normal.awatson@the-journal.com

Empty vessel tied to Thacker Pass lithium project in Nevada

Residents, firefighters rethinking water use ahead of wildfire seasonOfficials stress mitigation as drought strains firefighting resources

Heightened fire danger heading into summer has firefighters across Southwest Colorado concerned, including about whether water supplies will be sufficient to fight a blaze.Firefighters in Southwest Colorado are not only worried about heightened wildfire danger moving into the summer – they are also concerned they may not have enough water to fight a blaze should one flare up.“Water supplies are going to be pretty challenged this year based on the lack of snowpack, snowmelt and drought conditions,” said Durango Fire Protection District Chief Randy Black. According to the Colorado Division of Prevention and Control’s April 16 drought report, more than half the state is already in extreme or exceptional drought – categorized by large agricultural losses, reduced reservoir levels and heightened wildfire danger. La Plata County ranged from severe to exceptional drought, the report said. That caused the city of Durango to issue stage 1 water restrictions April 10. Like Black, Upper Pine River Fire Protection District Chief Bruce Evans is concerned. Evans said during the Palisades and Eaton fires – which erupted in Los Angeles County in January 2025, killed 28 people and destroyed over 16,000 homes – some fire hydrants being used to battle the blazes ran out of water. “If you’re a student of the Palisades Fire, one of the things that was routinely reported was that the reservoirs were dry and they ran out of water pretty quickly,” he said.

Because many La Plata County residents live in the urban-wildland interface – where communities butt up and into forestland – the risk of a wildfire destroying large swaths of forests, houses, business and infrastructure is especially potent this year. Why the “hands-down best way...” Why not just “the best way...” >>> The best way to reduce that risk is to remove flammable vegetation from around a property and retrofitting houses and businesses with more fire-resistant materials when fire danger is low. The Colorado State Forest Service’s Home Ignition Zone Guidelines detail how best homeowners can mitigate their property. The fewer structures at heightened risk of burning, the less concern there is about water use. Mitigation can also help homeowners maintain their insurance coverage and provide peace of mind. “The more the homeowners can conserve that water for firefighting operations, then we’re not going to run the risk of opening a hydrant like they did at Los Angeles County Fire and Los Angeles City Fire and having the hydrant be dry,” Evans said.Sprinklers – another line of defense that could help save water

For Andy Glanz – an industrial designer and former paramedic and EMT – and his wife and business partner, Stef Glanz, one approach to the problem are rooftop sprinklers. In 2025, the Durango couple started building wildfire sprinkler systems, which they plan to sell through the couple’s company Go Time Designs LLC. Andy Glanz asked me to clarify that he was an EMT/paramedic on a wildland fire crew, not specifically a firefighter.Studies have shown that 90% of structures that burn in a wildfire do so because an ember blowing off the approaching blaze lands on the structure. Unlike their garden-variety cousins, the Glanzes’ sprinklers are meant to stop an ember from landing on and igniting a house.“The whole goal is to keep embers out,” Stef Glanz said. “Sprinklers create a water and humidity barrier to keep those embers out.”

The sprinklers are linked via hoses to a small pump that is connected to a water supply, which is either a house’s sprinkler spigot, a cistern or a standalone water tank. The idea is to turn it on just before leaving the house in the event of an evacuation.Evans sees potential in the use of the sprinklers, both for home defense and for conserving water. Where fire engines use hundreds of gallons of water per minute, sprinklers use a fraction of that. The Glanzes’ system, for example, typically put out 6 gallons per minute. “The sprinklers use a couple gallons a minute, versus if we pull up in a fire truck the first two hand lines that come off are going to flow 125 to 150 gallons a minute,” Evans said.

Upper Pine fire has done demonstrations with home wildfire sprinklers, which, according to a YouTube video on the department’s channel, are effective at stopping embers when paired with fuel reduction and home hardening. Additionally, Andy Glanz pointed to how similar systems are already used in Australia, which also has to deal with destructive wildfires.According to a report from the Commonwealth Scientific and Industrial Research Organization, Australia’s national science agency, home wildfire sprinkler systems can “aid in the survival of buildings (and people) during a bushfire” – what they call a wildfire in the Land Down Under. Sprinklers a double-edged sword

But Black said the sprinkler systems are a “double-edged sword.”“They can end up using the water that we need to be able to take care of a fire,” Black said. “They can be helpful, but it can also be a challenge. We find the most success is bringing our own water in to make sure that we’ve got enough water to fight the fire.”These systems can be expensive. Go Time Design LLC’s can cost about $10,000, though the price can fluctuate based on size of the house and certain components – like the pump or number of sprinklers – included in the system, Stef Glanz said. The Insurance Institute for Business and Home Safety said wildfire sprinkler systems are promising but still an emerging, unproven technology. IIBHS said standardized testing and installation regulations must be implemented. Additionally, active wildfire mitigation strategies, like sprinklers, “should never be used in lieu of passive mitigation strategies” like home hardening and fuel reduction.But that was never the point of the sprinklers, Andy Glanz said.“Of things that people should be doing to prepare, mitigation is first,” Glanz said.Evans also said having another source of water on one’s property, like a human-made pond, kiddie pool or cistern, can be used by firefighters when responding to a wildfire. Black said he has a wildfire sprinkler system set up on his home. But it is meant to be an extra line of defense, and that community-wide mitigation should come first.

Additionally, fire departments are adapting to the water scarcity in other ways. For instance, Evans said Upper Pine is adopting “skid units” – tanks and hoses with a 300-gallon capacity that mount to their pickup trucks.Skid units essentially turn those small trucks into mini fire engines that can quickly respond to fires soon after they break out, and are more maneuverable than a larger engine in wildland settings. Evans said they can help fire departments cover more ground. And, Black said, local governments, fire departments and federal agencies like the U.S. Forest Service or the Bureau of Land Management have been working to mitigate hundreds of acres of public lands throughout the winter.They key is for home and business owners to mitigate their properties to fill in the gaps between government mitigation projects, Black said.sedmondson@durangoherald.com

Officials stress mitigation as drought strains firefighting resources

Colorado state trooper stops dangerous driver near work zone on U.S. 160News release Wednesday describes a 'near miss’ A Colorado State Patrol trooper stopped a dangerous driver a few hundred yards from a work zone near Mesa Verde National Park on April 8, according to the agency.“It could’ve been really unfortunate if the trooper didn’t act fast,” said Colorado Department of Transportation regional spokesperson Adair Christensen.According to dashcam footage from Colorado State Patrol, a trooper began pursuing a Jeep Gladiator about 11 a.m. after it was seen driving on the shoulder of the opposing lane of traffic on U.S. Highway 160.

Motorists first alerted the trooper to the Jeep, whose driver failed to respond to flashing lights and sirens. The vehicle nearly collided with oncoming traffic several times while traveling 60 to 65 mph as the pursuit approached a construction zone near milepost 48. The trooper unsuccessfully attempted a tactical vehicle intervention.

The trooper then executed a second emergency maneuver, making contact with the suspect’s vehicle, which was still traveling 65 mph in an area where speed reduction signs instructed drivers to slow to 40 mph. The maneuver stopped the vehicle and prevented the pursuit from entering a work zone where a crew was actively working.“He spun around right next to our last sign. And it was right before he entered into the work zone going head on into traffic too. It was pretty good timing,” said Michael Smith, the traffic control supervisor at the scene.The driver, an 81-year-old man, was arrested on suspicion of DUI, reckless driving and vehicular eluding.The Colorado State Patrol said it shared footage of the pursuit and arrest as a reminder during National Work Zone Safety Week about the risks roadway workers face each day. avanderveen@the-journal.com

News release Wednesday describes a 'near miss’

Federal immigration officer charged on suspicion of assaulting Durango protesterAgent suspected of throwing woman’s cellphone, wrestling her to the ground

Durango prosecutors have filed criminal charges against a U.S. Customs and Border Protection officer suspected of taking a woman’s cellphone, grabbing her by the hair and throwing her to the ground during an immigration protest in October.Nicholas Rice, 47, who is stationed in the Pacific Northwest, has been charged with third-degree assault, a misdemeanor, and criminal mischief, a petty offense. Sixth Judicial District Attorney Sean Murray said he filed the charges Tuesday after reviewing a “thorough investigation” conducted by the Colorado Bureau of Investigation. Murray declined to share details of the investigation, including whether Rice was cooperative.“I can say the federal government has been cooperative,” he said. “They were responsive to records requests.”

It is unusual for local law enforcement or state prosecutors to charge federal officers for actions taken during the course of their duties. That may be changing. Last week, Minnesota prosecutors charged a federal immigration officer with assault in connection with a road-rage incident in which a U.S. Immigration and Customs Enforcement officer allegedly drove on the shoulder of a crowded state highway and pointed his weapon at two people in another car, according to USA Today.Murray acknowledged the rarity of such cases but said the evidence supports the charges.“Fundamentally, my job is to decide if I believe there’s probable cause that a criminal law violation has occurred, and to enforce the criminal code without fear or favor,” he said.He added that Rice is presumed innocent unless and until proven guilty.Rice, who is stationed in Portland, Oregon, is scheduled to appear at 8:30 a.m. May 27 in La Plata County Court. He will be served with a summons, meaning he does not face arrest.Customs and Border Protection did not respond to a request for comment. The prosecution of a federal officer is unlikely to follow normal procedures. A federal court will likely determine whether the officer has Supremacy Clause immunity – or in other words, whether he acted under federal authority, was on duty and used force reasonably and necessarilyIf the judge grants immunity, it will prevent prosecutors from moving forward. But if the judge denies that claim, state prosecutors will be allowed to proceed in federal court while litigating Colorado law.The alleged assault occurred early Oct. 28 outside the ICE field office in Durango. Several dozen protesters demonstrated for more than 24 hours outside the facility. Some linked arms and sat on the ground to block agents from leaving. A cable lock was also placed on the driveway gate. Protesters were attempting to prevent agents from leaving with a father and his two children who were arrested the previous day on suspicion of immigration violations. In the early morning, masked agents in military-style fatigues exited the facility and confronted protesters.

Protester Franci Stagi was recording video when Rice allegedly snatched her phone, threw it across the street, grabbed her by the hair and threw her down a grassy embankment.Rice is charged with assault for grabbing her hair and throwing her down an embankment, and criminal mischief for damaging her phone.Stagi did not respond to a request for comment.Later that day, agents used physical force, pepper spray and rubber bullets to disperse the crowd.shane@durangoherald.com

Agent suspected of throwing woman’s cellphone, wrestling her to the ground

Firefighters respond to multi-structure fire northeast of DurangoCause of blaze under investigation; no injuries reported

EDGEMONT – Firefighters responded Monday to a multi-structure fire in the Edgemont Highlands subdivision northeast of Durango.The fire was reported at 2:06 p.m. in a cluster of houses on Red Canyon and Copper Rim trails. The fire broke out in one structure, then spread to a neighboring house and into vegetation alongside both. “Crews arrived to find one house fully involved and a second adjacent residence on fire,” said Randy Black, Durango Fire Protection District chief, in a news release Monday.Several DFPD wildland and structure fire crews responded to the blaze and were quickly able to contain the fire before it moved into the surrounding forest land. They also were able to prevent it from spreading to additional houses. No injuries were reported and all the affected residents were accounted for. The La Plata County Sheriff’s Office deputies responded to handle crowd and traffic control. Atmos Energy and La Plata Electric Association also responded.

On Tuesday, Black said the cause of the fire remained under investigation. “We don’t have any information or any results yet,” he said. “We still need to go through all of our processes. We’ve got to look at burn patterns. We’ve got to look at all the data.”Two DFPD fire investigators were on scene Tuesday, as well as an investigator from the Colorado Division of Fire Prevention and Control. Additionally, a second Division of Fire Prevention and Control investigator with an accelerant dog, which uses its sense of smell to sniff out trace amounts of volatile chemicals, searched the property and then left earlier Tuesday morning.A first responder said Monday that it looked like “one house possibly exploded.” Greg Cathcarht, who lives nearby, said he “heard an explosion and a scream” when the fire started.

“I rushed to the front door, and it already just engulfed one of the houses,” Cathcarht said.Black said there was a grill with a propane tank between the two houses, but that there was not enough data to say whether it was the source of the fire. Rather, it was one of many focal points investigators are considering as they determine what may have caused the fire.“It’s a data point,” Black said. “We know that there was a propane tank attached to the grill between the two houses. Is that the cause? No idea,” Black said.

Cathcarht rescued a neighbor’s two dogs from her house when the fire broke out. The neighbor was gone and her house was locked, so he had to throw a potted plant through her back window to retrieve the two dogs from inside the home. Black said had the fire occurred in the summertime, when wildfire danger is typically higher, the fire would have been more difficult to contain. “Crews were able to keep it from going anywhere,” he said. “We’ve got two wildland trucks that are here. This in June or July could have been pretty different.”sedmondson@durangoherald.com

Cause of blaze under investigation; no injuries reported

Photos: Ben Nighthorse Campbell memorial

Photos: A very welcome spring stormA spring storm Tuesday and Wednesday brought 1 to 2 feet of snow to the San Juan Mountains, including about 17 inches in Silverton, 19 inches at Wolf Creek Pass and 11 inches in Telluride. Meanwhile, the moisture arrived in the form of rain in lower elevations such as Durango, which received more than eight-tenths of an inch of precipitation.

A spring storm Tuesday and Wednesday brought 1 to 2 feet of snow to the San Juan Mountains, includin...

Skier narrowly avoids landing on child while skiing at Purgatory ResortVideo of close-call stunt goes viral; resort reminds patrons to follow safety etiquette

Durango skier Dave Sugnet has been thanking his guardian angels for the past week after a close call while skiing at Purgatory Resort.In a video that has since gone viral, Sugnet was captured March 21 performing a series of tricks in Purgatory’s Pitchfork terrain park by his friend, Ned Daly. ABC affiliates in Los Angles, Chicago and Houston picked up the story, as did CBS’s “Inside Edition,” which said the video had more than 3 million views.After clearing a rail and a jump in the freestyle section of the mountain, Sugnet performed a flatspin 360 – a trick combining a 360-degree rotation with an off-axis flip. Just as he took off from the jump, a child riding a snowboard passed beneath the jump – right where the airborne Sugnet was about to land. With a combination of lightning-fast reflexes and dumb luck, Sugnet was able to spread his legs and straddle the young snowboarder midair. Sugnet landed safely, narrowly avoiding severe injury to both parties.“As I’m taking off, I saw a flash of red,” Sugnet said. “At the very last split second, somehow I was able to react quickly, spread and twist my legs so that the tail of my ski didn’t clip him. It was just a miracle and a bit of luck and timing that we didn’t collide.”

Sugnet – a lifelong competitive freestyle skier and former ski coach – said the close call was a result of him and the snowboarder not paying attention to their surroundings.“We had already done a few successful runs through the terrain park and did some tricks off the jumps,” Sugnet said. “We didn’t see (the snowboarder) until I was in the air.”The general safety consensus at ski resorts is that the downhill skier has the right of way. However, in the terrain park Sugnet said that right-of-way goes to the skier or snowboarder performing tricks – particularly jumps – because it is extremely difficult to avoid obstacles and people while flying through the air. “They say ... that the flowing rider has more of the right of way,” Sugnet said. “But it’s not like the flowing rider should be entitled to do whatever they want and endanger people, of course. So there should be awareness on both sides.”Sugnet said looking uphill, especially in a terrain park, is key to keeping everyone safe. “Just taking a quick look uphill before you cross into a dangerous path is always going to keep you a little more safe,” Sugnet said. “I’m hoping this can be a big safety lesson for everyone, including myself.”In a statement regarding the incident, Purgatory Resort spokesman Matt Ericksen said the resort is grateful no one was hurt. “We do not have any information about this incident,” Ericksen said. “We’re grateful that no one was injured.”Ericksen said safety is a top priority at Purgatory, which is why skiers and snowboarders are responsible for understanding and following the mountain’s safety rules, remaining aware of their surroundings, and using terrain park and natural features appropriate for their ability.“Terrain parks are designated areas accessed through marked entrances,” Ericksen said. “At each entrance, signage outlines the SMART approach.”SMART stands for “Start small, Make a plan, Always look, Respect and Take it easy,” and is a set of safety tips for safe, fun progression in a terrain park, according to Ski Safety U.S.’s website. Sugnet said he is thankful neither him nor the child was injured in the incident, and said nobody was at fault. “Both mine and the kid’s guardian angels were looking out for us,” Sugnet said. “I’m so grateful nobody was hurt.”sedmondson@durangoherald.com

Video of close-call stunt goes viral; resort reminds patrons to follow safety etiquette

Tina Peters found not guilty of assaulting inmate in January scuffleVideo footage shows former county clerk grabbing toward another inmate's neck

Former Mesa County Clerk Tina Peters, who is serving a nine-year sentence for her role in tampering with Mesa County’s election equipment in search of election fraud, was found not guilty of assault after shoving another inmate last January in state prison.She was found guilty for the lesser charge of “unauthorized absence” after being in a restricted area where she was not assigned, Corrections Department spokeswoman Alondra Gonzalez-Garcia said. It’s not a criminal charge, but instead an internal process used to address behavior.Gonzalez-Garcia said the determination was made after reviewing evidence, including video footage, medical anatomical forms for both inmates involved, and witness testimony.One of Peter’s attorneys, John Case, said Peters was acting in self-defense, after the “initial punch” was thrown by the other inmate.Peters has appealed the charge of “unauthorized absence,” according to Case. He claimed that Peters believed inmates were allowed in that area to fill the swamp cooler.“They were wrong because it was authorized for inmates to go over there,” Case said. “It was common knowledge. And Tina presented a witness who testified to that.” The Department of Corrections disagreed.Peters had previously received at least four negative write-ups from prison officials for minor offenses, The Denver Post reported.In surveillance video footage of the incident obtained by CPR News, Peters grabbed another inmate’s neck. The video shows Peters dragging a cart across the room toward a closet. Another inmate walks toward the closet and appears to move the cart away from the closet door. Peters then emerges from the closet, grabs the inmate by her neck, and pushes her. The two appear to exchange words before Peters lets her go and leaves the room.

Case claims that Peters did not grab the inmate’s neck, and that what appears in the video is her hand pushing against the other inmate’s collarbone. “She didn’t grab her by the throat and choke her.”Peters’ case has made national headlines, as President Donald Trump has frequently called for her release and Peters has asked Democratic Gov. Jared Polis for clemency. Last week, Democratic Colorado state lawmakers signed a letter urging Polis to stay out of it.To read more stories from Colorado Public Radio, visit www.cpr.org.

Video footage shows former county clerk grabbing toward another inmate's neck