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Health Briefs

Early winter snowpack a good sign for McPhee Reservoir

Snotels are 130% of average for Dolores-San Miguel Basins

DATE: Jan 4, 2023 | CATEGORY: Local News

Our View: 2023 the year for immigration solutions

Federal government inaction adding to misery

DATE: Jan 4, 2023 | CATEGORY: Opinion

Our View: Cortez Chamber example of 2 + 2 = 5

There’s plenty to like about the United States, and one is the number and diversity of small businesses new and longer-lived that allow those with imagination, take-charge instincts and grit...

DATE: Jan 4, 2023 | CATEGORY: Opinion

Judge orders Rio Grande decree be public

Texas, New Mexico, Colorado wanted to seal deal

DATE: Jan 3, 2023 | CATEGORY: New Mexico

Feds say railroad must deliver grain to California chickens

Hundreds of thousands of cattle also face starvation

DATE: Jan 3, 2023 | CATEGORY: Business

EPA eyes Colorado for discriminatory pollution

Advocates say the Suncor refinery too often malfunctions

DATE: Jan 3, 2023 | CATEGORY: Business

Boebert plays key role in blocking McCarthy from becoming House speaker

The Republican congresswoman for Colorado said she wouldn’t vote for McCarthy unless he agreed to her terms.

DATE: Jan 3, 2023 | CATEGORY: Local News

‘Pelé’s magic doesn’t fit in a trophy room’

The simplest way to capture the achievements of Edson Arantes do Nascimento, Brazil’s unparalleled Pelé, is to tally the numbers. In two decades, he scored 1,283 goals (although the exact nu...

DATE: Jan 3, 2023 | CATEGORY: Opinion

Fisherman attacked in Animas River by hammer-wielding man in Durango

Alleged attacker told police he wanted to hurt or kill someone

DATE: Jan 3, 2023 | CATEGORY: Local News

San Juan County sheriff’s deputy involved in shooting

Farmington incident remains under investigation

DATE: Jan 3, 2023 | CATEGORY: New Mexico

Flying too low likely caused newlyweds’ fatal plane crash in Telluride

Pilot’s lack of altitude over mountainous terrain listed as probable cause

DATE: Jan 3, 2023 | CATEGORY: Local News

Bayfield man dies in snowmobile crash

Sled left road and fell down a 100-foot slope on Blue Ridge Drive

DATE: Jan 3, 2023 | CATEGORY: Local News

Durango man who sat through three arson trials allegedly vandalized Tesla Cybertruck Bradley Clark, 53, out on bail for unrelated charges, arrested in connection to spray-painted vehicle

Durango man and former Fort Lewis College professor with a history of arson accusations was arrested Friday on suspicion of spray painting a yellow blotch on the door of a Cybertruck. Bradley Clark, 53, was at the center of two high-profile arson trials in 2021 in connection with a fire at south City Market. He was convicted by a jury before the Colorado Court of Appeals overturned the conviction two-years later. Clark later sat through a retrial that ended in a hung jury in 2025. He was released after prosecutors chose not to retry the case. Clark was arrested again May 18 on suspicion of stalking and domestic violence, and then again several days later on suspicion of setting fire to the same women’s car. He had been out on bail for several weeks before he was arrested on suspicion of criminal mischief in connection with the alleged vandalism of the Cybertruck. At 8:15 p.m. Friday, Cybertruck owner Jeremy Barker called police to report his vehicle had been vandalized in the parking lot of 2477 Main Ave., according to the arrest report. Clark is alleged to have used yellow spray paint to create an 8-inch blotch in yellow paint on the driver’s side door.

Security footage captured by the vehicle’s cameras show a silver Subaru Forester registered to Clark parked directly next to Barker’s Cybertruck, the report said. Barker shared videos with the The Durango Herald. In one of them, a man who is alleged to be Clark is seen retrieving what appears to be a can of spray paint from the passenger side of the Subaru and spraying the side of the Cybertruck. The vandal is dressed in a hat and large sunglasses, and the lower half of his face is clearly visible. The man then places the spray can back in the passenger door before walking around to the driver’s seat. An ankle monitor is clearly visible on his right leg as he walks around the vehicle before driving away. “It's like he’s trying to get caught,” Barker told the Herald on Tuesday.

Barker estimates the damage will cost about $1,500 to repair. A Durango Police Department officer drove to Clark’s residence, and the same Subaru captured on the Cybertruck’s security footage was parked in the driveway. A can of yellow spray paint was tucked into the side pocket of the passenger door, the report said. Clark told the officer he was the only one to drive the Subaru that day and denied spray painting the Cybertruck. Clark has maintained his innocence throughout all of his run-ins with law enforcement and has never been convicted of arson other than the one that was later overturned. Clark declined to comment for this story, citing the advice from his lawyer. This is the third time in a little over a year that Barker’s Cybertruck has been vandalized, which he contributes to misdirected anger and dislike people have toward Tesla’s owner Elon Musk. Musk, a highly polarized figure, rose to national news in the early months of Donald Trump’s second presidential term when Musk enacted a highly controversial program to slash budgets across all federal agencies. He has since been relived of that role.

Thankfully, Barker said, the Tesla Cybertruck has high-definition, surround-view cameras that are motion-activated when people or objects come within a certain vicinity of the car. “I’m just glad that when an idiot comes along and wants to do something like this, he’s completely on video,” he said. “He (the man alleged to be Clark) sheepishly looks around only to find out that he’s on two different angles of 4K video. It’s comical.” jbowman@durangoherald.com

Bradley Clark, 53, out on bail for unrelated charges, arrested in connection to spray-painted vehicle

KKV Development proposes 12 rental and for-sale homes for downtown DoloresResidents raise concerns over scale of proposed three-story build near Third Street, RiversideDOLORES – A local developer’s proposal could bring affordably priced housing and commercial space to downtown Dolores at Riverside Avenue and South Third Street.DOLORES – For the downtown at South Third Street and Riverside Avenue, a proposal from a local developer could bring additional housing and commercial space – all aimed at an affordable price.KKV Developers is proposing a 12-unit, three-story building with six for-sale houses and six long-term rentals at an empty lot at 207 S. Third St. with the aim of addressing a housing shortage for teachers and workers. But the proposal was not made without pushback from some residents.For some residents, the proposal is drawing push back. Some opposition acknowledge the need for more housing but say the higher-density apartments would potentially forego Dolores’s small-town feel by adding traffic and more to a town of a little over 960 people.Others worry about added lighting, site overcrowding and increased parking. One commenter at a Dolores Planning and Zoning Commission meeting argued a three-story building with no similarly sized Riverside structures to the south is too tall.“Its just way, way too high,” resident Jay Swanson said in a public comment. “The land-use code talks about livability. With a plan like this, the livability in the whole west end will really be affected.”Another person mentioned a potential culture change.“We want more people to live in Dolores – we definitely need more housing – but do we want to sacrifice the lifestyle and culture we have for that?” Sarah Vass said.Ultimately, the concept plan was recommended by the Dolores Planning and Zoning Commission.Town Manager Leigh Reeves said Thursday, May 7 the developer will likely edit its proposal based on feedback before the town board reviews it Monday, May 11 at a regular meeting at 5:30 p.m. at Town Hall, 601 Central Ave.Broc Smith of KKV Development – a local development group with commercial holdings in Cortez and Dolores, including the Steakout, other properties, and previous GST Liquors owners – presented an initial proposal to the town’s zoning board during a roughly two-hour discussion.Much of the public commentary extended gratitude to Broc Smith and the work of KKV Development toward local economic expansion, even if disagreeing on the current project terms.Marianne Mate, a former mayor, read from Dolores’s 1997 Comprehensive Plan, which is currently being updated. She quoted a section about preserving the town’s historic, small-town character by building in appropriate locations.“However … ‘Preserve the historic, small-town character of the community by directing new development to appropriate locations and minimizing the visual impact of development,” said Marianne Mate, reading lines from the land use section of the 1997 Comprehensive Plan, which the town is currently updating.“You think about the visual impact of this development to Riverside and that whole neighborhood, the character of that whole neighborhood, it just does not fit,” she said.The proposed project area is originally platted for downtown mixed use. Some attendees opposed allowing greater zoning changes requested by the developer. But Reeves said by changing the zoning to a planned unit development, the town creates an opportunity to negotiate specific trade-offs and request community benefits that would not be possible under standard mixed-use zoning. Is this paragraph still accurate?Not all commentary was opposed. Attendee Linda Johnson, a business partner with the Smith organization, voiced support for how it could bring more people to Dolores.“Nobody likes change, I don’t care how young you are, old you are,” Johnson said. “... Dolores needs to do something because we have nowhere for anyone to live.” Johnson said, emphasizing purchasing homes these days is too pricey for most.“This project would help the town,” she added.The project remains in early phases. Tuesday meeting’s presented a conceptual design, showcasing the development’s details, feasibility and capacity to comply with the Dolores Land Use Code. Concept plans are optional for developers but offer a preliminary “sketch” meant to gauge feedback from officials and public before the developer heavily invests in it.If the proposal receives approval from the town board, the developer can move forward to the site plan application. That will require additional reviews and decisions from the town board and the Planning and Zoning Commission.Developer plans 12 units, three stories and two to three bedroomsSmith said Tuesday, May 5 he hopes to build attainable housing to alleviate a housing shortage for teachers, workers and longtime residents.Each of the 12 units would be approximately 1,350-square-feet large, featuring ground-floor tuck-under garages to accommodate parking and the flood plain regulations.The 12-unit, three-story building would have approximately 1,350 square feet for each unit, featuring ground-floor tuck-under garages to accommodate parking and the flood plain regulations

“I was trying to achieve affordability with a 1,350 square-feet unit in maximizing the space, that way people could afford the 1,350 square-foot house,” Smith said.He estimates the units to have two to three bedrooms, two bathrooms and sell for around $350,000 to $360,000 per unit and, according to board documents, rent for about $1,000-$1,500 on average – subject to change depending on build and development costs.The development also includes four two-story, mixed-use structures, including a front-level commercial space with four second-floor apartments above at 206 S. 3rd St. Each unit would range in size from 750 to 1,000 square feet. The project would include six off-street parking spaces, with 12 additional spaces on-site.

Born and raised in Dolores, Smith said his family has a lot of various business interests in the town.He said KKV Developments have revamped buildings and given Dolores an improved appearance.“Everything we have came apart with we have built up, revamped, and gave Dolores a nice face-lift,” he said. Check quote for accuracyKKV Development has built several similar Cortez housing subdivisions, but the organization has not done so in Dolores, Smith said. “We need housing in Dolores, we need it badly. We are building a brand-new school, we are going to need housing for teachers, students,” he said. “Long-term friends of mine can’t even live in Dolores.”Sarah Pritchard, an on-call town planner, presented a staff assessment.

Pritchard said the conceptual plan generally complies with town codes, but highlighted some deficiencies that may be further addressed before formal submission. The proposal’s building height and setback may not currently comply with town code but could be approved through a variance process. Accurate?Compliance with the development’s height and setback requirements within code standards may not currently fit, but can be approved through a variance process. The height of each building is unclear to the project’s contractor at this time.The proposal has no plan for sidewalks, however, and is not complaint with the code’s common open-space requirements.Smith proposed private backyards instead, which the code prohibits counting toward open-space requirements.“We weren’t able to determine full general compliance at this time, however, we found that the project is generally consistent with the goals and objectives of the Dolores Comprehensive Plan,” Pritchard said.She said there are no environmental or economic impact issues with the proposal.awatson@the-journal.com

Residents raise concerns over scale of proposed three-story build near Third Street, Riverside

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...

Early winter snowpack a good sign for McPhee Reservoir

Our View: 2023 the year for immigration solutions

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