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Court briefs

Motion denied in homicide case The court rejected a defense argument to disqualify the district attorney from prosecuting a woman charged with vehicular homicide. At a ...

DATE: Oct 8, 2015 | CATEGORY: Local News

Suspect in attempted murder is denied child visitation

With attempted murder charges pending, a Cortez man has been denied visitation with his daughter. At a scheduled preliminary hearing on Wednesday, Oct. 7, public defender Sara Hil...

DATE: Oct 8, 2015 | CATEGORY: Local News

Special Olympics Bowlers headed to regionals

Silent auction tonight before team departs

DATE: Oct 8, 2015 | CATEGORY: Local News

Colorful run

DATE: Oct 8, 2015 | CATEGORY: Local News

Bridge shelter reopens Monday

Shelter provides lodging, meals

DATE: Oct 8, 2015 | CATEGORY: Local News

‘Ride for the Bern’

Woman campaigns for Bernie Sanders on horseback

DATE: Oct 8, 2015 | CATEGORY: Local News

Ozone rule rankles meet

Roberts: Proposal is ‘disadvantage’ for Western Colorado

DATE: Oct 6, 2015 | CATEGORY: Local News

5 challenge for 2 seats on Southern Ute Tribal Council

Elders press ahead with recall

DATE: Oct 5, 2015 | CATEGORY: Local News

Colo. school districts struggle to attract minority teachers

Denver plight a trend seen across nation

DATE: Oct 5, 2015 | CATEGORY: Local News

Ute Mountain Ute teens tackle filmmaking

World premiere held at Sunflower Theatre

DATE: Oct 5, 2015 | CATEGORY: Local News

Officials host NCA forum

Fate of Lower Dolores River hangs in balance

DATE: Oct 5, 2015 | CATEGORY: Local News

Towaoc blaze displaces 7 families

Seven families were displaced Saturday after a fire destroyed an apartment complex in Towaoc. “There were no injuries,” said Ute Mountain Ute Tribal Chairman Manuel Heart. ...

DATE: Oct 5, 2015 | CATEGORY: Local News

Ouray’s Dexter the Stand Up Dog tells his storyCanine who walks on hind legs stars in new children’s bookDexter, the dog from Ouray who walks on his hind legs, can now add starring in a children’s book to his resume.The 10-year-old Brittany spaniel’s life is the subject of “Dexter: The Stand Up Dog,” which was released Sept. 16. The book, written by Dexter’s mom, Kentee Pasek and Bonnie Kelso (who also illustrated it), is available in both English and Spanish.But, Pasek said, instead of being able to enjoy the book’s release, Dexter has had a fairly difficult autumn.

If you missed him at this year’s Durango Cowboy Gathering, it was because he was in Italy having surgery on the elbow of his remaining front leg, she said.“Dexter ruined the two adult pins that were fusing that elbow together in the front, and we had to instantly take care of that,” she said. “The vet here tried to get a lot of the different orthopedic surgeons in the U.S. to take him, and nobody would, because it’s so complicated.”Fortunately, a surgeon in Milan was able to take him, and they were there for almost two weeks.“He’s doing really well. He still has the cone of shame on,” she said. “He’s walking around still learning how that new elbow works. He’s not so sure yet. He’s a trooper.”

Dexter began walking upright after an accident when he was just turning a year old. He escaped from his yard while sniffing a deer trail scent and his front legs were run over by a car. Pasek and her husband brought him to a vet in Montrose where, while everything was fine with him internally, his legs were in pretty rough shape. One was amputated, and the other was a little trickier, ultimately having pins put into the elbow. The Paseks had a custom wheelchair made for him, but he wasn’t having it, and so he began walking upright. And to watch him get around is pretty amazing: He walks for a bit upright and then goes back down on his two (and a half) legs for a rest and then pops back up.The world came to know about him when a woman traveling through Ouray happened to catch Pasek’s mother walking Dexter in his way. She posted a video of the two to her TikTok account and it blew up. Pasek ended up making an account of her own for Dexter to tell his story, and the rest is history – he’s been in dog food commercials, on talk shows and now in his book.Dexter's story resonates with people because not only is it fascinating to watch him walk, there’s a deeper message to be taken away from him, Pasek said.“It’s relatable because you’re like, ‘Oh, he is resilient. He is persevering, he keeps going,’” she said. “No matter what, Dexter has that little positive walk and is happy to be there in life. And I think sometimes, because as an animal, he just bounced back so fast and so hard, it resonates for us to be like, ‘I maybe shouldn’t have a bad attitude about this. Or maybe this isn’t as bad. Or if Dexter can do it, I can too.’”At one point, Pasek said, a retired Navy officer knocked on their door in Ouray. He told them he had had hip surgery but wasn’t doing his physical therapy – until he saw Dexter.

“I think Dexter touches on the very human side of us to the point that we’re like, maybe it’s just so deep ... you don’t know what’s going on in other people’s lives. You don’t know emotionally, physically what they’re going through,” she said. “And Dexter’s like, ‘OK, yes, acknowledge that you’re going through this, but keep going.’”And that’s what she hopes people take away from the book.“I think that’s Dexter’s message, period. So the book itself tells about his story, about being injured and then going through all this but still shining, still pushing through it,” Pasek said. “Keep going one step at a time. Don’t take life so complicated, take it one step at a time. That’s really his theme, and it’s been his theme all the way through.”katie@durangoherald.com

Canine who walks on hind legs stars in new children’s book

Former Fort Lewis College professor confronts Turning Point USA supporters after chapter voteRetired employee uses profanity, gestures in video after board decision

A retired Fort Lewis College professor was caught on camera using strong language – and the middle finger – around students and community members after the student government approved a Turning Point USA chapter on campus.David Kozak, who formerly taught in the anthropology department, appears to call chapter supporters “fascists” and “Nazis” in a video circulating on social media.Discourse has abounded in the Fort Lewis College community after former professor David Kozak seemingly called FLC Turning Point USA supporters “fascists” and “Nazis” in a video circulating on social media. Kozak retired in 2022 and retains the honorary professor emeritus status at the college. The video was recorded immediately after a Nov. 7 student government meeting that reversed its earlier denial of the Turning Point chapter. Turning Point USA is a nonprofit that promotes conservative politics on high school and college campuses. It was founded in 2012 by political activist Charlie Kirk, who was shot and killed Sept. 10 on the Utah Valley University campus.

The minute-long video begins with Kozak saying, “You’re (expletive) Nazis. Come on, Nazis. Come on, Nazis,” while apparently addressing a group of Turning Point USA supporters in the Student Union lobby. Someone off screen begins to object, and a woman onscreen interjects, “No, kindness – kill ’em with kindness. Don’t take his bait.” Several people, including some off camera, urge Kozak to “be calm.” “I’m totally calm. I’m totally calm,” he responds. He then puts his middle finger in front of a camera and repeats, “(Expletive) the Nazis. (Expletive) the Nazis.”Someone off screen can be heard saying, “Jesus loves you,” to which Kozak responds, “Oh he does, huh? He loves Nazis, too.”A woman onscreen responds, “Jesus loves everybody,” to which Kozak says, “He loves fascists, he loves Nazis, he loves haters.”“You have a very blessed day, sir,” the woman says. The video ends with Kozak responding, “I’m glad you fascist lovers – Nazi lovers – are having (unintelligible). Have a great night.”Kozak did not respond to a request for comment.

FLC spokesperson Nardy Bickel declined to comment on the former professor’s behavior. She noted that Kozak has not been employed by the college since his retirement in 2022. Bickel said the broader TPUSA discourse on campus has prompted thoughtful dialogue among students about civil discourse, free speech and free expression.“College is a place for learning, and these discussions – while sometimes challenging – are part of that educational experience,” Bickel told The Durango Herald. “Fort Lewis College remains committed to fostering an environment where complex issues can be explored with respect, curiosity and care.”Lively debate has sprung up across campus in response to Turning Point’s presence on campus.Strong discourse has arisen overall in response to the group’s presence on campus.

More than 30 students spoke against granting club status to Turning Point at an Oct. 29 student government meeting, where the board voted 5 to 2 to deny the application. Amid backlash, an emergency meeting was held Nov. 7, and the decision was reversed. where the chapter was initially denied official student status in a 5 to 2 vote. Fifteen additional students who hoped to speak against the chapter being instated at the Oct. 29 meeting were unable to due to time constraints. Four people spoke in support at the original meeting – TPUSA Fort Lewis College chapter President Jonah Flynn, Co-Vice President Zen Moreno, and two community members. Following pushback from hopeful TPUSA Fort Lewis College chapter members and some conservative community members, the emergency Nov. 7 student government meeting – where Kovak’s strong reaction was recorded – was held. At the emergency meeting, board senators voted unanimously to reverse the original decision. Due to time and room capacity constraints, only a handful of individuals were able to speak. Two FLC students spoke in opposition to Turning Point USA becoming a registered student organization.Four people, excluding Flynn, spoke in support – two students and two community members.One student offered a more neutral perspective, alluding to disagreements with the group, but welcoming them to campus as an official group. The student board did not explain its change of heart at the Nov. 7 meeting. Kozak’s confrontation with students and community members occurred just outside that meeting.Some board members received threats and harassment after a video showing their nameplates was posted on social media by a supporter of the Turning Point chapter after the Oct. 29 meeting. Flynn offered an apology to the board at the Nov. 7 meeting for members “catching heat” in the wake of the decision. Much of the arguments against the chapter being instated at the school have revolved around safety concerns for students in marginalized communities. Flynn told the room at the Nov. 7 meeting that those concerned about their safety in relation to Turning Point programming are “talking about some kind of fictional mental safety, or something like that.” Bickel reiterated that the conversation surrounding Turning Point’s status has offered valuable lessons for students in freedom of speech, civil discourse and free expression.“The fact that students are very engaged in that conversation is a good thing,” she said. epond@durangoherald.com

Retired employee uses profanity, gestures in video after board decision

‘Serve and protect’: Durango residents turn on police over supposed complicity with ICEDPD chief says protest became a riot with agitators on both sides

A crowd of more than 100 people condemned the Durango Police Department on Thursday when the police chief blamed protesters, in part, for violence that unfolded outside a federal immigration field office earlier this week.“The event Monday was not a peaceful protest,” Brice Current said, addressing Durango City Council at a special meeting on Thursday. “It was an unlawful protest that turned into a riot.”Residents said U.S. Immigration and Customs Enforcement agents escalated the protest into a scene of violence while city and state law enforcement stood by and watched.The evening reached a crescendo on East Second Avenue between City Hall and the police department when a crowd confronted officers over not intervening with ICE’s arrest of two children and their father or when federal agents assaulted protesters days earlier.“You guys lost our trust. You guys didn’t do (expletive) for children. Go (expletive) yourselves,” Enrique Orozco-Perez, executive director of Compañeros: Four Corners Immigrant Resource Center, said to officers after the special meeting.Residents chanted “serve and protect” at officers. Some had written phrases criticizing ICE and demeaning the police chief in chalk outside City Hall.

Police chief recounts eventsCurrent said DPD’s role at the protest – which was driven by the arrests of two children ages 12 and a 15 and their father by ICE agents for supposedly being unlawfully present in the country – was to observe and be present on the scene in case things got out of hand.DPD also investigated a report of abuse of one of the children detained at the ICE field office in Bodo Industrial Park and attempted a welfare check, but was denied entry into the facility, he said.He said the report of abuse was “found to be invalid,” although he was never allowed to check on the children before they were taken on Tuesday to a Texas immigrant detention center.DPD has received many requests to confront ICE agents, he said, but police can’t take action against federal agents because federal law overrides state and local law when they conflict. He expressed frustration in communicating with ICE officials over the course of the incident.When attempting the welfare check, for example, DPD ordered food for the children and tried to deliver it at the field office, he said. But an ICE supervisor asked him to remove chains that had been placed on the entrance gates by protesters, and despite Current saying he would work on that, he was denied entry into the facility.

Current said DPD officers asked protesters to remove the chains on Tuesday to no avail. After federal agents moved on protesters around noon that day, officers stationed at the fire department down the street headed toward the field office to provide medical aid to protesters. But about 10 protesters converged on them and they retreated, realizing their presence was escalating the situation.He said around 10 agitators were throwing milk cartons and water bottles at state troopers and federal agents when conflict erupted outside the field office.“At this point, we continued to gather information, take reports, collect videos and speak with state and federal partners, representatives, senators, city leaders, community members,” he said.He said residents asked DPD for previous police interactions with Fernando Jaramillo Solano, the father and asylum-seeker arrested by ICE.“He has no criminal history,” Current said.Two “No Kings Day” protests held earlier this year featured a combined 5,500 peaceful protesters, Current said, and that is more representative of Durango’s spirit than the protest outside the field office.He said he supports the First Amendment right to peacefully assemble and petition the government for a redress of grievances, and free speech is a cornerstone of democracy – particularly in uncertain times – but breaking the law is not the way to practice it.Chaining and blocking a federal entrance gate is against the law, he said.“While we recognize that emotions were high, we are disappointed by the behaviors and the display by agents and several protesters alike,” he said. “Such actions from either side distract from the important message of peaceful advocacy and make our shared goal of safety harder to achieve.”Tom Sluis, city spokesman, said the city has received angry letters and calls from residents accusing Durango police of assaulting protesters on Tuesday. But some federal agents who engaged protesters wore uniforms with “POLICE” written in large white lettering.Some residents have called the city back to apologize after realizing their error, he said.Current said in a written statement to The Durango Herald that identifiers such as “POLICE” are intended to communicate lawful authority and ensure officer safety, but they also create community confusion.“Local police departments have a unique and ongoing relationship with the people we serve,” he said. “Trust is essential – when someone is a victim of a crime, witnesses suspicious activity, or simply needs help, they must feel comfortable calling their local police without hesitation or fear. When federal agents use the same ‘police’ identifier, members of the public may mistakenly believe that local police are involved in unrelated federal operations, which can strain that trust and make our job of community protection more difficult.”“POLICE” is still among the most recognized symbols of law enforcement, and it represents legitimate law enforcement authority when worn by a federal agent, he said.

City Councilor Jessika Buell said DPD had an impossible job during the protest. But, she said, the federal response to protesters was disproportionately violent.Representatives for U.S. Rep. Jeff Hurd and U.S. Sens. Michael Bennet and John Hickenlooper condemned the violence by federal officers and committed to investigating how to return Solano and his children to their home in Durango.

Residents recount abuse by fedsProtesters who coalesced outside the U.S. Immigration and Customs Enforcement field office in Durango’s Bodo Industrial Park on Monday and Tuesday were drawn together by a sense of right and wrong – the federal government arresting children on false charges and holding them for over 24 hours was wrong, they said. It was right to do something about it.Residents of Durango, Mancos and elsewhere from the region said in interviews on the scene with The Durango Herald they felt obligated to stick up for children and families who otherwise didn’t have anyone to turn to.Some of those protesters took it the extra mile. They sat side-by-side, arms linked, in front of the gates of the ICE field office gates, knowing at some point they’d likely be confronted by federal agents with pepper spray or worse.“These community members are willing to put their bodies and their criminal records on the line, and the human chain is the hardest thing for them to get through because in order to get through us, they have to escalate to violence,” Jay Conlan, an organizer, said on Monday. “We don’t want to do that, and we will sit here and let them escalate if that’s what they choose to do.”Someone placed chains on the field office gates to make it harder for agents to leave with the children. When the feds showed up later Tuesday, they came with chain saws, pepper spray and ammunition.Agents would go on to drag, beat, pepper spray and shoot protesters who blocked their way with less-lethal rounds.On Thursday, residents who attended the protest recounted how they were assaulted by officers and were left to fend for themselves in the aftermath. They criticized law enforcement and first responders for not intervening during the conflict with federal agents and after the fact when people might have needed medical care.Well over 100 people attended the special meeting. With Smith Council Chambers at full capacity, more than 60 residents packed into the City Hall foyer, and dozens more waited outside, listening to the meeting on loudspeakers.Residents – particularly in the foyer and outside – had dynamic reactions to comments from Current. Boos and shouts – and sometimes applause – often erupted from the crowd.Residents cringed when Current evoked Martin Luther King Jr. when he said “it is wrong to use immoral means to attain moral ends.”Makenna Bard, 16, said she “witnessed and experienced horrors and atrocities that truly go against what our beautiful country and city stand for” at the protest on Tuesday.She said she is appalled at DPD for sitting by while federal agents brutalized residents.“I called 911 and dispatch five times begging for ambulances and medical assistance. We were told that help was on the way but it never came,” Bard said. “Dozens of untrained citizens and two first aid-certified high schoolers, including myself, were the only people providing first aid at the site for over two hours.”She said residents feel “betrayed, lied to and disgusted.”

She said she condemns every agency and person who assisted ICE’s “illegal abduction” of Solano and his children.Resident Riese Rose said protesters peacefully demonstrated, and federal agents brutally assaulted them. Protesters defended themselves.“I don’t consider human’s innate response to stay alive ‘violent,’” they said. “What was violent, though, was ICE agents dragging someone forcefully across the pavement and pepper spraying them within 2 inches of their eyes repeatedly.”They said they could see the agents’ disdain in their eyes through the small openings of their face masks.

Rose carried a person to medical support before moving to another victim of pepper spray who was shouting that they couldn’t breathe. They carried that person to medical support as well. As they laid the person in the grass to rest, an agent shot the person again in the back with a pepper spray bullet.“I can’t describe to you what it was like to hear them yell out in pain while their body was contorting,” they said. “A wounded person being shot again – for what?”Rose said DPD officers and Colorado State Patrol troopers stood by and watched as protesters were assaulted. They stepped in only to protect ICE vehicles as agents drove away.Resident Lia Young said she attended the protest to defend the children arrested by ICE.She said she remembers what her little sister was like at 11 years old, and she would not want her to go through what the 12-year-old girl arrested by ICE is going through.Young was sitting in front of the south field office gate arm-in-arm with other protesters when federal agents arrived. An agent ripped her glasses off and sprayed pepper spray straight into her eyes, she said.She was pepper sprayed several times in her face and at least once in her crotch.“I’m on my period. I’m 21. It felt disgusting and extremely, extremely dehumanizing,” she said. “I felt very violated. It was extremely, intensely painful for the rest of that day.”But that was nothing compared to what the children arrested by ICE are going through after being dragged away from their family, she said.She said she wants ICE out of the community, and if DPD doesn’t develop a plan for dealing with ICE next time, the same situation that occurred on Tuesday will unfold again and again.

Resident Teal Lehto, who is also the La Plata County Democratic Party chair, said Colorado statute imposes a duty to intervene on officers using excessive force, including in riot and crowd-control situations.“I categorically reject the statement that Durango Police Department did everything they could,” she said. “They had a duty to intervene as things turned violent.”She referenced a statement Sgt. Padraic Ingle made to The Durango Herald on Monday that officers would be there to help protesters if violence occurred.“It is incredibly important for our law enforcement officials to mean what they say so they maintain trust with our community,” she said.She said DPD must do a better job at intervening when violence occurs in the community.Many protesters were under the age of 25, and the violence that unfolded at the protest does not occur often in Durango. She said City Council should require the police department to create open training to educate young people about their rights so they know when their rights are being violated.Rev. Jamie Boyce of the Unitarian Universalist Fellowship of Durango contrasted the “warmth, generosity and kindness” she was met with from fellow protesters on Tuesday with the horror of federal agents stomping over protesters as DPD idly watched.“The excessive and brutal and cruel use of force by ICE and the complicity of local law enforcement as people screamed ‘Why won't you protect us?’ speaks to the moral crisis at hand,” she said. “The normalization and celebration of cruelty and brutality to suppress, terrorize, imprison and break our community; abducting people without due process; breaking families apart; militarizing our cities and using excessive force to suppress our right to assemble and right to speak.”cburney@durangoherald.comA previous version of this story misgendered Riese Rose, who goes by they/them pronouns.

DPD chief says protest became a riot with agitators on both sides

CBI to investigate federal agent who slammed Durango protester to groundElected leaders from local, state and federal levels react to ICE’s response

The Colorado Bureau of Investigation said Thursday it will investigate an incident involving a federal agent accused of throwing a protester to the ground Tuesday in Durango.“The CBI will investigate whether there were state criminal law violations during the incident,” according to a news release from the agency. “CBI will provide the investigation to the 6th Judicial District Attorney’s Office upon its completion.”Any decision to file criminal charges hinges on the discretion of 6th Judicial District Attorney Sean Murray, CBI said.The agency said it will not provide further comment until its investigation is concluded.

Durango Police Chief Brice Current asked CBI to investigate a situation in which a federal agent grabbed Franci Stagi’s phone from her hand and threw her to the ground outside the ICE field office Tuesday morning.Stagi was among dozens of people protesting the arrest of a father and two children who were on their way to school Monday morning in Durango. U.S. Immigration and Customs Enforcement said the family members are not lawful residents of the U.S.The incident was captured on video and went viral on social media.

Rob Lowe with CBI told The Durango Herald the agency’s investigation concerns only the use of force against Stagi. It is not related to separate reports of abuse of a child and his father under ICE’s custody in the field office.City Council held a special meeting at 4 p.m. Thursday at City Hall where Durango Police Chief Brice Current planned to deliver a presentation about the protest and conflict at the ICE field office in Bodo Industrial Park.The La Plata County Board of County Commissioners said in a joint statement Wednesday that the board is “deeply concerned” about the events that occurred outside the ICE field office and it supports an independent investigation by the Colorado Bureau of Investigation.Yazzie said she will wait until after a special meeting to comment further. She hopes to hear ideas from the public at the meeting about how the city should respond to the violence that occurred this week.Mayor Gilda Yazzie said federal agents’ use of force against peaceful demonstrators was “just terrible.”She said she is “disturbed,” yet proud of the way Durango Police Department conducted itself with limited options at its disposal.Durango police attempted a welfare check after receiving a report of abuse of a child who had been arrested by U.S. Immigration and Customs agents Monday morning. DPD was unsuccessful, having been turned away at the door to the ICE field office in Durango by federal agents.Police also issued parking tickets when protesters parked their cars along both sides of a narrow road near the field office after Durango Fire Protection District asked for assistance in ensuring fire trucks and ambulances had a clear path in the event of an emergency.“The police department has handled themselves (to) the letter of the law and done the best they could with trying to do welfare checks on the children and trying to keep safety at the top of their agenda,” she said.Durango police’s actionable options are restricted by federal authority, Yazzie said, limiting their ability to respond to certain situations at the protestYazzie said hoped to hear ideas from the public about how the city should respond to the violence that occurred this week.Councilor Shirley Gonzales, who went to the protest Tuesday morning and remained well after the protest ended in the afternoon, joined a lawyer and immigrant advocates in attempting a welfare check on the family, only to be turned away by federal agents.Gonzales told the Herald she wants the immediate release of the children and their father and to be allowed to resume the legal asylum process they have already undertaken.“Being the daughter of a Mexican immigrant, it wasn’t always – at different times in our country – so violent,” she said. “Let’s start, at a minimum, with allowing people that are in the process to complete the path that they’re on.”

Elected officials react to ICE arrests, protest and violenceElected officials from the local, state and federal levels reacted this week to the federal arrests of asylum-seekers, the resulting protests and the way in which federal agents responded.Elected officials voiced concerns and consternation, finger-wagging federal agents. But some officials offered more call to action in the interest of accountability than others this week.Local elected officials went the furthest in calling for action.County commissioners said La Plata County had no operational involvement in the incident and urged state and federal elected officials to review their employees’ actions and move to correct them.“The images, videos and accounts from this week have affected many people in our community,” Commissioner Marsha Porter-Norton said. “We share the community’s desire for transparency, accountability and respectful and legal exercise of residents’ First Amendment rights. Federal actions must honor the human, civil and legal rights of people and the rule of law.”

Commissioner Elizabeth Philbrick said the violent treatment of peaceful protesters is not good for democracy and not how the community should be treated.“Just because something is legal, doesn’t mean it is moral,” she said. “Our foremost concern is the well-being of all who call La Plata County home.”Commissioner Matt Salka said moments like those experienced Monday and Tuesday test the community’s shared values.“We remain committed to maintaining a safe, inclusive and respectful environment for every resident,” he said.Colorado State Patrol assisted in crowd control at the request of local law enforcement, according to the agency. But troopers did not participate in any immigration enforcement actions, according to a CSP news release. “The Patrol’s role was to aid in de-escalation and protection of all parties present, maintain the peace, and address any identified unlawful behavior,” the release said. “Members of the Colorado State Patrol did not use any weapons or chemical munitions.”Still, protesters questioned the State Patrol’s presence and level of involvement.The Herald requested interviews with U.S. Sens. Michael Bennet and John Hickenlooper, U.S. Rep. Jeff Hurd and state Rep. Katie Stewart.The offices of Bennet and Hickenlooper referred the Herald to the senators’ comments on social media about the violence directed toward protesters and ICE’s arrest of Solano and his children.Hickenlooper called the family’s arrest “another overreach from an agency pulling people off the streets.”

“Instead of going after dangerous criminals, they detained a father and handcuffed his 12 and 15 year old kids on their way to school. No due process, no probable cause. It’s indefensible. ICE’s inhumane treatment needs to stop,” he said.Bennet said the Trump administration is picking up in the president’s second term where it left off in his first with “cruel immigration policies that separate families and traumatize minors.”“I have always said that separating families is inhumane. These immigration efforts undermine our most sacred values as Americans, do nothing to keep the country safe, and result in trauma for the children and families targeted. The Administration must grow a conscience and reverse course now,” he said.Sophie Ulin, press secretary for Bennet’s office, said in an email that Bennet introduced legislation in August that would prohibit law enforcement officers from obscuring their faces and require them to display their agency, name and a unique identifier while conducting immigration enforcement functions.“Situations like this should never happen, and the Senator’s legislation would increase transparency, accountability, and safety,” she said.Hickenlooper joined Bennet and Democratic U.S. Sens. Mark Warner, Tim Kaine and Angus King to introduce the Immigration Enforcement Identification Safety Act.Hickenlooper’s office did not immediately respond to follow-up questions about what actions are being taken to identify and document federal agents.Hurd did not respond to the Herald’s request for comment about the ICE-related activity.He did not appear to make any references to the conflict unfolding in Durango this week. Instead, posts were about a tour of his district, the ongoing government shutdown and a number of other issues.Stewart posted a video to her Katie for Colorado Facebook page on Monday – the day the two children and their father were arrested – in which she said, “This is not going unnoticed.”She said she visited the ICE field office where she checked on the children.She asked ICE agents if the children were being fed and cared for and had proper access to an attorney.“While the conversation was fine, I don’t think I was given the truth. I do believe the kids are being fed. I don’t believe that they’ve had access to their attorney,” she said. “In fact, I’m almost sure their attorney was turned away.”At that point, she said, it was in the hands of the community to stand up for the children.“I’ll continue to work at the state level to see what answers I can get, but in the meantime, just know that we do care. We care and we’re fighting,” she said.ICE did not respond to questions earlier this week about its policies guaranteeing children access to an attorney while in its custody.cburney@durangoherald.com

Elected leaders from local, state and federal levels react to ICE’s response

Mother of children taken by ICE feels like she is ‘drowning,’ ‘choking’ after arrestsImmigrant rights group demands release of Durango family

A 15-year-old boy and his father were “beaten, handcuffed and forced to sign documents” after being arrested Monday in Durango by federal immigration officers, the boy’s mother told an immigrant services nonprofit.Estela Patiño said she spoke with her son, Kewin Daniel Patiño Bustamante, in a phone call shortly after 10 p.m. Monday – the last time she has heard from him as of Wednesday morning, according to Compañeros: Four Corners Immigrant Resource Center. She said she has not spoken with her 12-year-old daughter, Jana Michel Jaramillo Patiño, since the arrest.In an open letter to Sens. Michael Bennet and John Hickenlooper, Compañeros identified the father as Fernando Jaramillo Solano.Durango Police Department officers attempted a welfare check on Kewin after receiving a report of possible abuse by federal agents but were denied entry to the U.S. Immigration and Customs Enforcement field office on Tuesday, the city said in a news release.Compañeros expressed concern that Jana was being held in the custody of only men, calling it “not just terrible” but “inhumane” and a violation of “every prevailing human right for children.”“These children are just children; they bear NO responsibility of any kind,” Compañeros said in a Facebook post.The group described Solano as an “honest and hardworking individual” who works more than 80 hours a week at two cleaning companies and a hotel.Solano has no criminal record, nor do his wife or children, and the family is seeking asylum in the United States, according to Compañeros.The family, originally from Colombia, has lived and worked in Colorado for more than 18 months, and their asylum case remains open and active, according to Compañeros.‘It’s destroyed her life’

In an interview Wednesday with The Durango Herald, Patiño said she feels like she is “drowning” and “choking.” She said the arrests by immigration agents felt like an attack on her entire experience in the United States.She spoke in Spanish, with Liza Tregillus of the Apoyo Immigrant Partner Team providing English translation.“It’s destroyed her life,” Tregillus said of the arrests.Patiño said her family came to the U.S. seeking protection. In Colombia, she said, they lived under threat of being killed. Now, she feels the same persecution – this time with her children as targets.Patiño began to cry.“It’s reminding me of the worst year I spent in Colombia,” she said. “I feel attacked. Complete loss of safety.”She said the arrests of her partner and children triggered memories of relatives who were attacked in Colombia.“To be in a place where she thought she could be helped and have safety and asylum, instead she is experiencing the same feelings all over again,” Tregillus said.Protesters converge on ICE field office to defend detained family

Kewin, Jana and Solano were arrested Monday morning on their way to school and taken to the ICE field office in Durango’s Bodo Industrial Park. Their arrest sparked a protest lasting more than 24 hours. By noon Tuesday, more than 200 people had gathered outside the field office’s barbed-wire fence.Protest signs read “Resist fascism,” “You’re the bad guys, go away ICE,” and “Let them out!”Protesters chanted “Free the kids – and the dad,” strummed guitars, pounded drums and sang.

Protesters – ranging from teens to white-haired adults – formed a human chain at two entrances to the field office Monday night at 32 Sheppard Drive. Volunteers donated food, coffee and blankets as protesters hunkered down for a cold night.Many protesters wore masks. Some blew whistles just before daybreak Tuesday as a vehicle arrived to deliver food to the family. ICE agents exited the building, and a confrontation ensued.Tensions escalated around noon Tuesday, when federal agents used pepper spray and rubber bullets to clear protesters from the gates.Once the gates were cleared, several black vans – thought to be carrying Kewin and Jana – left the facility. Protesters flung milk cartons and loose trash. What comes next

Protesters’ singular goal was to prevent ICE from removing children and separating the family. Once the vans left, the crowd dispersed, believing the children had been taken away.But Tregillus said a Colorado Rapid Response Network confirmer saw a white van enter the facility and later leave with all three family members after the protesters had gone.Beatriz Garcia Waddell, Western Slope organizer for the Colorado Immigrant Rights Coalition, confirmed the same story.On Monday, Compañeros said the children believed they would be separated from their father – sent to Texas while he would go elsewhere.But Tregillus said she and Patiño called the South Texas Family Residential Center in Dilley, Texas, on Wednesday morning and learned all three were being taken there together.“That is a huge relief,” Tregillus said, adding that it remains unfair.She said ICE agents falsely claimed that if Patiño had a legal representative and an active asylum case, her partner and children would be released. But that didn’t happen.Patiño attended the protest and watched from the sidelines, hoping demonstrators could stop agents from taking her children, Tregillus said. As the vans passed, she collapsed and wailed in despair.“It’s destroyed her life,” Tregillus said. “I have never been present with such awful grief in my life as when she saw them.”Apoyo is providing Patiño with safe places to stay while an attorney, funded by the group, assesses the family’s case, Tregillus said. But Tregillus said Patiño feels unsafe despite having a strong asylum case.Patiño is now requesting her husband and children to be allowed to self-deport to Colombia. But in all likelihood, they will be stuck in detention for months given a backlog of cases.“Bad news: Once you’re detained, even if you want to self-deport, it can be weeks or even months,” Tregillus said. “Sometimes the family must go back to court and ask for a removal order.” Bonds are not being issued for detainees awaiting court dates, she said.“Many get sent back anyway,” she said. “But having to wait in a detention center is not a choice this family wants to accept.”She said more than 25 local children have lost a parent to ICE removals.“It is completely, just beyond ...” Tregillus said, at a loss for words. “To call this a solution to any immigration problem ... We are punishing people who did not design the system, that does not help them get an answer as to whether they can legally be here or not.”Drawing on her experience as a play therapist, she said removing a child’s parents is one of the most damaging things someone can do to a young child’s mental health.ICE responds

In response to Tuesday’s protest, ICE questioned demonstrators’ motives, touted the arrests of three “criminal aliens” unrelated to the Patiño-Solano family, and repeated a disputed claim from U.S. Attorney General Pam Bondi that assaults on ICE agents have risen by 1,000%.

“What these protestors (sic) hope to achieve by chaining the gates of a federally leased property is unclear,” the spokesperson said. “Their actions do nothing to serve the detainees they claim to support or the community, instead delaying lawful processes and creating unnecessary risks for everyone involved.”ICE said in a statement that it respects First Amendment rights to peaceful protest but added that extreme protesters often misrepresent the agency’s mission. “Calls to abolish ICE or obstruct its operations inadvertently support the release of dangerous individuals with no legal right to remain in the U.S., including those convicted of violent crimes, drug trafficking, child exploitation, and other serious offenses,” the spokesperson said.ICE described Solano as “an illegal alien from Colombia” who entered the U.S. on Dec. 22, 2024, near San Diego.Asked why Solano and his children – who have an open asylum case and no criminal records – were arrested, the spokesperson said ICE “cannot comment on an individual’s asylum claims” and noted that a pending asylum claim does not prevent arrest or removal.The spokesperson did not answer questions about its policies for interacting with protesters and instead referred the Herald to another ICE media contact. That media contact did not respond to inquiries about policies for engaging protesters or standards of care for minors in its custody.“ICE takes any allegations regarding professional misconduct seriously,” the spokesperson said when asked about alleged abuse of Solano and his son.The ICE Office of Professional Responsibility investigates and takes action where warranted, the spokesperson said.Tregillus said ICE is targeting people with asylum cases less than two years old, even if they have no criminal history. She said active asylum cases should not make someone eligible for deportation – and didn’t under President Joe Biden. But she said the Trump administration is changing the rules, putting current asylees at risk of removal.She suspects President Donald Trump is under pressure to fill detention center beds to justify their existence.“There was no court order signed by a judge to detain him (Solano). So that’s illegal,” Tregillus said. “To detain the children as well is over-the-top. None of their civil rights were respected.”cburney@durangoherald.com

Immigrant rights group demands release of Durango family

Federal agents use pepper spray, rubber bullets on Durango protestersImmigration arrests of parent, two children spark demonstrations

More than 24 hours of peaceful protest outside the U.S. Immigration and Customs Enforcement field office in Durango culminated Tuesday with pepper spray and rubber bullets being used against protesters.Protesters gathered at the site Monday morning after a man and his two middle school children were arrested that morning on their way to school. Protesters formed a human chain in front of the field office gates Monday night to block federal agents from removing the family from the facility.The chain held through midday Tuesday until masked ICE agents in military-style desert camouflage attacked protesters after ordering them to disperse. The agents flanked protesters from east Sheppard Drive and broke through the ranks to reach the facility gates, deploying mace, firing rubber bullets and dragging away protesters who were seated on the pavement in front of field office entrance.

After protesters were cleared from one entrance gate, a black van – reportedly transporting the family – appeared from beyond the barbed wire surrounding the field office and left the facility.Protesters, soaked in pepper spray, wailed as others rushed to their aid with milk, water and saline solutions.“They beat the (expletive) out of us,” said Autumn, a protester who declined to share her last name. “They came here and in under three minutes they’re spraying us. They’re hitting us point-blank in the back of the head with rubber bullets, which is a human rights violation.”She said ICE agents are “illegally doing the bidding of the state” and are complicit in disappearing people and “atrocities against American citizens.”

Facilitated release ‘no longer an option’ICE agents told the Durango Police Department that they attempted to release the children to another parent but were unsuccessful, according to a city news release on Tuesday. Durango officers then offered on multiple occasions to help facilitate the release back to the children, “but were informed that it was no longer an option,” according to the city.“On multiple occasions, Durango Police requested to facilitate the release of the children to their mother, but were unsuccessful,” the release said. On Tuesday, police received a report that one of the children may have been in distress and potentially experiencing abuse, the city said. Officers attempted to conduct a welfare check and to bring food to the family.“Unfortunately, federal agents denied officers entry to the facility,” the city wrote in its release.At the request of Durango Fire Protection District, Durango police helped ensure emergency vehicles could safely come and go from Station No. 1 in Bodo Industrial Park, according to the city. Protesters were double-parked on both sides of the road near the ICE field office.Early morning flash pointOrganizers said they planned to remain peaceful while delaying ICE efforts to separate the family. Around 1 a.m. Tuesday, Durango police officers arrived to monitor the situation but left a few hours later.

Just before 6 a.m. Tuesday, a vehicle without license plates arrived to deliver food to the family, according to the vehicle’s driver. Federal agents then emerged from the building, and a confrontation ensured. Agents threw protesters’ belongings across the road.Protester Francy Stagi said an agent took the phone out of her hand as she recorded, then grabbed her by the hair and threw her to the ground in a choke hold. She was afraid the agent would kick her to death.

Other agents attempted to restrain the officer before they all retreated back into the building. Demonstrators called 911, but Stagi said she was uninjured.Stagi, laughing lightly, said she received a parking ticket from DPD. When she reported her assault by ICE agents to local police, officers told her there was nothing they could do about it.“This is (expletive) Nazi Germany. This is Pinochet in Chile,” she said.She said protesters outside the ICE field office had no way of knowing how the children arrested Monday morning were being treated by agents inside.“Maybe they’re yelling at her. Maybe they're pulling her fingernails out one by one. We don’t know,” she said.

Gov. Polis: Lack of transparency ‘extremely maddening’The city said a video taken about 6 a.m. Tuesday showed “an elderly” woman being shoved to the ground by a federal agent. The city said it asked the Colorado Bureau of Investigation for assistance investigating the incident, but as of 5:15 p.m. CBI had not formally decided to investigate the case. “Because the event occurred on federal property, the FBI is also looking into the incident,” the city said.Durango City Councilor Shirley Gonzales attended the protest Tuesday morning. Trembling, she said she had never witnessed anything like the confrontation that unfolded that afternoon.She said the family whose arrest sparked the protest was going through the legal channels to seek asylum, and she’s disappointed to see them being targeted.The city said it is committed to transparency, compassion and the safety of all residents.“We support every individual’s right to peacefully protest and assemble,” Mayor Gilda Yazzie said in a release. “This is a deeply challenging moment for our community.”An ICE spokesman in Denver declined to respond to questions by phone Tuesday afternoon. He said he would only respond to questions by email, but he provided no response to emailed questions as of 8 p.m. Tuesday.In a statement to The Denver Post, Gov. Jared Polis said he was “deeply concerned” about the family’s detention.“The federal government’s lack of transparency about its immigration actions in Durango and the free state of Colorado remains extremely maddening,” he wrote. “The federal government should prioritize apprehending and prosecuting dangerous criminals, no matter where they come from, and keep our communities safe instead of snatching up children and breaking up families.”All night protest

Throughout the evening Monday, demonstrators vowed to practice nonviolent resistance against the federal agents. “These community members are willing to put their bodies and their criminal records on the line, and the human chain is the hardest thing for them to get through because in order to get through us, they have to escalate to violence,” said Jay, an organizer who declined to give his last name. “We don’t want to do that, and we will sit here and let them escalate if that’s what they choose to do.” Federal agents were attempting to separate a father and two children despite a pending asylum case, according to an employee with Compañeros: Four Corners Immigrant Resource Center, who declined to be identified.

“The official stated they will proceed with processing the family, despite having an open and pending asylum case,” the Compañeros employee said. “I also spoke with the mother, who received a call from one of her children. The children were told they are being moved to Texas, and it appears they will be separated from their father.”The employee also said the family had no pending criminal charges or violations. Demonstrators brought food, coffee, blankets and cardboard signs. They set up a tear gas station stocked with milk, bottled water and saline solution.

“We’re saying we stand with our community members, and we’re willing to risk whatever it is that we have to in order to get them back,” Jay said.By 10:30 p.m., some 70 people remained, seated in front of the two entrances to the facility with linked arms. That number dwindled to roughly 50 through the night, but the protesters wrapped themselves in blankets and waited for a sign from either the agents or the family.At 12:47 a.m., several Durango Police Department vehicles arrived on scene to monitor the situation. According to Sgt. Padraic Ingle, they were there to ensure the rights of all parties involved were upheld and that violence did not break out. “We’re just here to make sure that everybody’s safe,” Ingle said. “We love that they are here to exercise their First Amendment right, and so that’s why we’re here. We uphold the Constitution and we uphold the ordinances of our community. So that’s ultimately what we’re doing.”Because tensions were running high, Ingle said, emotions can get carried away and lead to conflict.

“We want to make sure that if that does happen, people are still doing it in a way that benefits society, versus tears it down totally,” Ingle said. He said DPD is not involved with ICE operations, and that the department has made no plans with the agency. If violence did break out on either side, he said officers would step in to stop it. City spokesman Tom Sluis said DPD was asked by the Durango Fire Protection District to help ensure emergency vehicles had access to the fire station. At that time, a smaller number of protesters were receptive to the requests of a code enforcement officer, he said.

By 5:30 a.m., DPD officers had left the scene. And by 5:50 a.m., an unmarked police vehicle without license plates arrived. ICE agents emerged from the facility and began trying to clear a way for the vehicle to enter. Demonstrators in the human chain remained seated and did not obey the agents’ demands.One agent was throwing chairs and signs across the road and tipped over a propane fire pit demonstrators had set up to keep warm. He also shoved a teenage demonstrator. As he was doing so, demonstrator Anne Stagi began taking video of the agent with her phone. “What would Jesus do?” she repeatedly asked. The agent then took her phone out of her hands and threw it across the road. “I was asking him, ‘what would Jesus do?’ Because they say they're all good Christian nationalists,” Stagi said. Through tears, Stagi said her grandparents lived in Nazi Germany and that the behavior of the Trump administration and ICE reminded her of some of their stories.Brian Rogers, a protester blocking the gate Tuesday, was shot with rubber bullets – once in the neck and again in the back. He lifted his shirt and showed a large welt on his back.He said he was overwhelmed and angry, and ICE didn’t need to take the children in their custody anywhere.“Children being abducted in our community is something I can’t stand,” he said. “I want to try to do what I can to prevent that.”Jay said protesters remained peaceful, despite ICE’s actions. “ICE rolled out of their facility and immediately escalated,” Jay said. “We were sitting here peacefully, blocking their way, and they came out swinging, pushing people around. (They) attacked a person who was exercising their right to film in a public space.”cburney@durangoherald.comsedmondson@durangoherald.com

Immigration arrests of parent, two children spark demonstrations

Residents celebrate solidarity, warn of authoritarianism at No Kings protests in Durango and BayfieldPeaceful gatherings for protection of democracy, immigrants, public lands and institutions

After the Trump administration painted peaceful protesters and Democrats as enemies of the U.S., protesters in La Plata County responded by throwing a dance party in Durango and jamming out to upbeat tunes in Bayfield.

Despite welcoming and sometimes jovial vibes, a government shutdown, threats of selling off public lands and the erosion of democracy were on the minds of Durango and Bayfield residents on Saturday for No Kings Day of Peaceful Protests against the Trump administration.Nearly 7 million Americans had marched and protested in defiance of the Trump administration at more than 2,700 peaceful rallies around the country on Saturday, according to NoKings.org.

The national day of protest is the second nationwide No Kings event, organized by activist groups such as 50501 and Indivisible. The first No Kings Day was held on June 14, President Donald Trump’s birthday.Saturday morning in Bayfield, 200 or more people congregated along both sides of Bayfield Parkway outside Town Hall. That afternoon in Durango, thousands danced in Rotary Park and denounced the Trump administration before marching on north Main Avenue to 32nd Street and back.At least 3,000 people turned out to Rotary Park in Durango, with more in the wings on the Animas River Trail and along north Main Avenue. They carried signs with phrases such as, “Speak truth to power,” “Stop the reign of error” and “When tyranny becomes law rebellion becomes duty.”Many protesters appeared cheery and in good spirits. In Durango, Dan King rallied the crowd and invited the people to dance to music such as Plastic Ono Band’s “Give Peace a Chance.” Vivian SmothermanSome people wore inflatable costumes of pandas, unicorns, velociraptors, Rex from “Toy Story,” and a frog wearing a bandanna.The frog costume may have been a reference to recent protests in Portland where protesters wore vibrant costumes and danced tauntingly in front of immigration officials, presenting a different picture than the White House’s description of Portland as a “war zone.”

Some protesters carried red and black anarchism flags, and two people activated smoke bombs that sprayed thick red clouds into the air as the crowd dispersed, some toward downtown and others to march on north Main Avenue.Bayfield residents speak their mindsIn Bayfield, resident Laurie Robinson played her bagpipes as she walked up and down the sidewalk outside Town Hall. A man standing across the road dipped two long sticks linked by rope into a soapy bucket, lifted the sticks above his head and spread them apart to let the wind blow large, glossy bubbles into the air.Another woman wearing a different frog costume carried portable speakers playing upbeat music, including Neil Diamond’s “Sweet Caroline,” Los Del Río’s “Macarena” and Sublime’s “What I Got.”She carried a sign that read, “United we ribbit, divided we croak.”The woman declined to provide her name, saying she is an employee of the U.S. Forest Service.“They have been waiting to do this,” she said, referring to proposed sales of public lands to private buyers. “They, as the billionaires, can make more and more money off this, and that’s what they’ve been waiting (for). But this is our land. I’m a public landowner. You are a public landowner.”She said letting private industries take unchecked control will lead to public lands being degraded and destroyed. Or, she added, public lands will become an amenity for the wealthy and unaffordable for working Americans.

Public lands contain resources like timber and minerals the country can use – as long as they are extracted wisely, she said.“Our country is falling into authoritarianism,” she said, adding America’s degradation of democracy mirrors what happened to Germany with the rise of Adolf Hitler and the Nazis.Influence over the free press, control of free speech and educational institutions, and deploying the military into cities over domestic issues are all similarities she drew between the contemporary U.S. and Nazi Germany.

She said the Holocaust – the state-sponsored and systematic murder of 6 million Jews and millions of other people – was awful and she does not mean to take away from its significance – but she fears the U.S. is heading down a similar path.

She said she recently visited the United States Holocaust Memorial Museum in Washington, D.C., and the similarities were “shocking.”The Holocaust and mass murder did not materialize from nowhere, she said. It started with persecution.

“We’re sending people with no due process to foreign countries and foreign prisons, just like Germany did,” she said. “They started in Poland with their concentration camps, and they didn’t start with camps. They started with these laws to slowly degrade democracy.”Bayfield resident Judy Blaisdell, a member of the Pine River Rising activist group, said she’s been protesting outside Town Hall since March.She is saddened and fearful for the country, she said, because it’s fraught with division.

“People identifying our groups as terrorists, that is very frightening to me,” she said. “Watching our friends and neighbors be dragged away. There have been a lot of people arrested in this area.”She was referencing continued arrests of people suspected to be undocumented immigrants by U.S. Immigration and Customs Enforcement agents as well as statements made by White House Press Secretary Karoline Leavitt on Thursday ahead of the countrywide No Kings demonstrations.

“The Democrat Party’s main constituency are made up of Hamas terrorists, illegal aliens and violent criminals,” Leavitt said in an interview on Fox News.Leavitt is wrong, Blaisdell said.Blaisdell said Pine River Rising is nonpartisan and aims to build community.“We’re just a group of people that care about what’s going on in the world, and we care about each other, particularly our neighbors,” she said. “ … We’d like to start a conversation with anyone that wants to talk to us.”

Elected officials warn of authoritarianism, encourage ‘community over contempt’In Durango, elected officials and former officials spoke to a crowd in Rotary Park that spilled onto the Animas River Trail and onto the sidewalk along north Main Avenue.Rick Petersen, a Durango School Board member who is seeking reelection, spoke about the importance of preserving education and protecting students. He decried attempts to smear DEI (diversity, equity and inclusion).David “It’s not an acronym, it’s not a buzz word, it’s not a dirty word,” he said. “Diversity of community benefits from a diverse population with many experiences. Every human being wants to feel included, wants to feel safe. That’s what this school district is about. Equity for every single person.”School board members Erika Brown and Andrea Parmenter, who are also seeking reelection, stood by Petersen.La Plata County Commissioner Elizabeth Philbrick spoke about the fall of democracy. Without explicitly mentioning the president, she said the Trump administration is following an authoritarian playbook to divide communities, override constitutional protections and take power.She said authoritarian regimes across the world and throughout history have attacked free press and spread disinformation, degraded independent institutions by installing loyalists, scapegoated people to turn them against their neighbors, and expanded their powers while dismantling free and fair elections.

Protesters on the gazebo at Rotary Park held signs with white text against black backdrops that read “Signs of fascism” in underlined text and messages beneath such as “Voter suppression,” Controlling the media“ and “Persecuting minorities.”“You will find a scapegoat, whether it is a minority, an immigrant or a political rival, they are the problem,” Philbrick said, delivering a civics crash course on authoritarianism. “There is no owning any of the mistakes, the leader will not do that. They become the self-proclaimed savior, defending the real people against imagined enemies.”cburney@durangoherald.comA previous version of this article gave an incorrect name for Dan King, who led chants at Rotary Park in Durango, and Rick Peterson, a speaker and Durango School Board member.

Peaceful gatherings for protection of democracy, immigrants, public lands and institutions

A community recovers: Flood cleanup begins at Vallecito Residents return home after record floods

VALLECITO – Residents evacuated from the Vallecito Reservoir area were given the green light to return home Thursday morning. Beginning about 8 a.m., they slowly trickled back into the community they had fled days earlier as floodwaters rose.Many of those checking in at the reentry tent, staffed by La Plata County Search and Rescue, expressed gratitude for being “lucky ones” whose homes avoided the brunt of the damage.The Vallecito area was among the hardest hit by last weekend’s heavy rain, which forced the evacuation of nearly 400 homes as creeks and rivers across La Plata County overflowed.With the worst of the weather over, roads and lawns have dried significantly, and the water level in Vallecito Creek has dropped rapidly. On Thursday, the creek dropped from 6 feet to less than 3 feet. The flow, which peaked at 6,920 cubic feet per second, had fallen to 894 cfs. The area remains under a boil-water advisory, and officials warn floodwaters may have carried E. coli from compromised septic systems. Internet service remains down across much of the area.American Red Cross volunteers arrived early to distribute cleaning kits, personal protective gear, rakes, shovels, prepacked meals, snacks and water – “a lot of water,” one volunteer said. La Plata County delivered 100 water-testing kits to the aid station to help residents assess the safety of their well and tap water.

At the Mountain River 2 Co-op, lower-elevation properties bore the worst of the flooding. One home on a cul-de-sac still sat in ankle-deep water Thursday morning.Shovel in hand, Brandon Faulkenburg waded through the standing water, digging trenches to redirect runoff and slow erosion. The home wasn’t his – Faulkenburg, who lives in Boulder with his wife, owns a property across the street.“I’m trying to be a friendly neighbor, especially since I don’t have any damage to my own property,” he said. “I’d want someone to do the same for me if I was in that position.”

Others shared that sentiment. Trey Sweet, whose home narrowly escaped damage, spent Thursday driving through the neighborhood looking for ways to help.Small groups of neighbors walked the area, assessing damage, taking photos and helping on properties surrounded by water. “Recovery has to be a community effort,” Sweet said.What that will entail, however, remains uncertain. Many of the neighborhoods in the path of the flood are privately owned, meaning damaged roads – many of them pitted and covered in debris – are not the responsibility of the county or the state. “It’s hard to say what the cleanup efforts will take, or what kind of help we’ll be eligible to get right now,” said John Sylvester, another full-time resident. Some steps and the bank on his property were swept away by the water, but other than that there was no significant damage.

La Plata County building assessors in blue safety vests and rubber boots waded through areas, inspecting homes for structural damage. Early assessments suggest most structures are still sound, though many sustained varying levels of water damage.For homeowners who sustained serious damage, the rebuild process will likely be lengthy and costly, Faulkenburg said. One of his neighbors, whose home was one of the two demolished, had been unable to secure flood insurance. “You just can’t get insurance on a lot of these places,” he said. “And insurance agencies these days will drop you for having bad breath.” Despite the lingering aftermath of an event that upended hundreds of lives for days – and for some, likely weeks – Vallecito’s full-time residents aren’t second-guessing where they live.If anything, the flooding seemed to reaffirm their decision to live in this remote, largely undeveloped corner of the county, surrounded by steep, forested hills now glowing with the yellows and oranges of fall colors.“This hasn’t changed my mind at all,” said Sylvester, standing outside his home Thursday morning. “Right now, it looks like I live in a national park.” For him, the natural beauty outweighs the risk.Many others shared the sentiment.

David Kontje, who stayed through the storm with his wife and 2-year-old son, said the experience has only deepened his appreciation for the area – not just for the scenery and the closeness to nature, but also for the people who call Vallecito home.Kontje’s neighborhood had the good luck of high elevation, putting him and many of his neighbors who stayed out of harm’s way. “Our little pocket of the world is fantastic,” he said. “Our neighbors are people we can depend on for anything. It (the flood) just shows the importance of having self-sufficient communities and relying on your neighbors.” jbowman@durangoherald.com

Residents return home after record floods

2 to 4 more inches of rain expected across Southwest ColoradoRivers could reach or exceed peak flows, cause more flooding

After being pummeled by Tropical Storm Priscilla’s remnants over the weekend, Southwest Colorado is in for another round of heavy rain Monday as Tropical Storm Raymond arrives. Weekend rains prompted the evacuation of about 390 homes in northern Vallecito after up to 5.2 inches of rain fell locally within a 2½-day period, according to a Facebook post from the National Weather Service in Grand Junction. That pushed Vallecito Creek to 7,200 cubic feet per second and triggering widespread flooding in the area. Officials are bracing for the next round of heavy rainfall as Tropical Storm Raymond arrives Monday, La Plata County spokeswoman Sarah Jacobson said. “We are right in the bull's-eye again from this new tropical storm,” said La Plata County spokeswoman Sarah Jacobson.

On Monday, Gov. Jared Polis declared a disaster emergency for western Colorado to bolster response and recovery efforts. According to the governor’s release, the declaration activates the State Emergency Operations Plan and authorizes the Colorado Division of Homeland Security and Emergency Management to take necessary actions – up to an initial $1 million in costs. “The Governor has been monitoring the situation closely and State public safety leaders have been in close contact with local emergency management about this unprecedented weather event,” the statement said. Jacobson said the flooding in Vallecito damaged many homes that had been evacuated. She said residential propane tanks, septic systems, water supplies, roadways and trees were likely affected – creating a highly hazardous environment. Jacobson said residents will receive reentry kits and bottled water once they are allowed to return home. She also announced that a briefing will be held at 6 p.m. Monday at Bayfield Intermediate School cafeteria, 720 E. Oak Drive, to inform evacuees what to expect during reentry.

La Plata County Sheriff’s Sgt. Chris Burke urged drivers to remain alert for flooding and debris on roads. With the rainstorm approaching, Burke said the department expects more flash-flooding.“We ask that you don’t try to drive through any debris, standing water or any water flow,” Burke said.Roads that may be experiencing flooding include:

East Animas Road (County Road 250)

County Road 203

La Posta Road (County Road 213)

Buck Highway (County Road 521)

County Road 501

“We have a lot of roads in that evacuated area that are just impassable because the streams have jumped their normal route,” Jacobson said. “Roads that were a road on Friday – now you can't even tell it’s a road. It looks like a stream, with rapids and everything.”According to a Monday news release from La Plata County, these roads include: Ponderosa Homes Road, Ponderosa Homes Drive, West Grimes Road, West Vallecito Creek Road and River Bed Road.

Road and Bridge crews are working to repair county infrastructure, Jacobson said. Major repairs are underway along County Road 501, and culvert work is planned on Grimes Creek.A hole on the County Road 501 bridge over Vallecito Creek – between Tucker Lane and Mushroom Lane – was caused by high-water turbulence behind the headwall wingwall. The scouring from the turbulence created a void beneath the bridge about 8 feet deep and 7 feet wide, extending 16 feet back toward the center line of the road.Repairs on the damaged section of the bridge began Monday morning, and crews hope it will set overnight to allow one-lane traffic to resume Tuesday.

In addition, Road and Bridge crews have completed concrete work on County Road 500, where Grimes Creek began cutting beneath the pavement.County Road 124 is closed as a result of flooding related issues with a cattle guard about 4 miles up the road, Jacobson said. Operations at the Durango-La Plata County Airport have continued largely as normal, with only a few minor delays, said Tony Vicari, director of aviation. The only notable delays have been linked to congestion at Phoenix Sky Harbor, where weather conditions have slowed some flights, he said. Officials expect only minor delays, if any, over the next two days. Rivers rise quickly

According to NWS meteorologist Kate Abbott, 2 inches of rain are expected over much of the region, with some localized areas seeing up to 4 inches. “Over the next 24 hours here, we’re expecting widespread rainfall totals of 2 inches, with local peaks up to 4 inches,” Abbott said. “The southern San Juans is where we’ll see the highest rainfall totals and the biggest impacts from the rain.”

Abbott said weather systems like Priscilla and Raymond are rare in this region and at this time of year. They are both tropical storms that came in warm and carried lots of moisture, producing massive amounts of rain.“Conditions have to be just right in order to get some of that tropical moisture up into the Four Corners,” he said. “A month later, and this could have been mostly snow, but we’ve had warm enough air to have most of this fall as rain here.”The rain falls outside of the typical monsoonal pattern, he said.The incoming wave of precipitation follows a major storm from last weekend that caused river levels to peak and triggered flooding. In addition to Vallecito Creek’s heightened flows, other rivers in the area experienced record water levels, according to National Weather Service flow data. The Animas River surged from 581 cfs at 12:01 a.m. Saturday to 4,820 cfs at 1 a.m. on Sunday. In Pagosa Springs, the San Juan River went from The next precipitation event is expected to exceed those levels, according to Colorado Basin River Forecast Center. The Animas is forecast to top out at 5,450 cfs at 11 a.m. Tuesday while the San Juan River in Pagosa Springs could reach 6,810 cfs.

Vallecito Creek and a section of the Los Pinos River above Vallecito Reservoir could jump to above 3,000 cfs, according to the Colorado Basin River Forecast Center. NWS meteorologist Gillian Felton said the agency is keeping a close eye on those two creeks.“The evacuation area on Saturday was primarily north of the reservoir,” Felton said. “But now it’s expanded so it’s that area to the northeast-ish part of the reservoir.” Abbott said as Tropical Storm Raymond passes over the San Juans on Monday and into Tuesday, residents should watch for flooding, especially if thunderstorms or intense rain develop.The ground throughout the county is already so saturated from recent rains that it is unable to absorb any more water, meaning that flooding is more likely, Abbott said.“All of that heavy rain that fell over Friday, Saturday and into Sunday morning produced flooding because the soils got saturated, and all of the rainfall on top of that saturated soil ended up flowing into the creeks and streams and rivers and culverts,” Abbott said.Abbott said that with this incoming wave of moisture, overnight flooding could become an especially dangerous issue. “The biggest concern is that these streams and rivers are going to rise overnight (Monday night),” Abbott said. “We’re more concerned about nighttime flooding, which can be a little bit more dangerous than daytime flooding because you just can’t see what’s happening at night.”Abbott said if residents are located near low-lying streams or rivers, they should take extra precaution and get themselves to higher ground before nighttime. “Expect those peaks to happen early (Tuesday) morning before the sun comes up,” she said. Pagosa Springs

The town of Pagosa Springs lifted the emergency evacuation orders Sunday for Pagosa Springs residents on Hermosa Street and San Juan Street east of Hot Springs Boulevard on Saturday, according to a news release. U.S. Highway 160 through downtown Pagosa, at the San Juan River bridge, was declared safe and reopened to regular traffic. Town officials declared the flooding a local disaster on Saturday, as swelling of the San Juan River caused widespread damage to roads, bridges, culverts and other public infrastructure. The declaration will remain in place through the rest of the week. Pagosa emergency response officials could not be immediately reached for comment Monday. The number of homes and residents evacuated remain unclear, but according to Jacobson, the Archuleta County emergency shelter was closed to conserve American Red Cross Resources. Two response workers were sent to assist at the Bayfield emergency shelter. This article has been made available free of charge to all readers in the interest of public safety.sedmondson@durangoherald.comjbowman@durangoherald.com

Rivers could reach or exceed peak flows, cause more flooding

Vallecito evacuation orders remain in place Sunday'We may need to find somewhere to stay tonight,’ evacuee says

Unprecedented flooding in northern Vallecito on Saturday forced the evacuation of over 390 homes, damaged an estimated 100 homes, and damaged bridges and evacuation routes.Despite the scale of the flooding, no deaths or serious injuries were reported, according to La Plata County.“Nobody died today,” Upper Pine Fire Protection District posted Saturday evening on Facebook.The county said in a news release Sunday afternoon multiple agencies, including Upper Pine fire, La Plata County Sheriff’s Office, and the county assessor’s and building offices are evaluating the flooded area to find hazards and assess damage to homes before residents are allowed to return.No new updates were available as of Sunday morning, and attempts to reach Upper Pine fire and La Plata County officials were not immediately successful.Upper Pine fire and the La Plata County Sheriff’s Office conducted 11 successful high-water rescues on Saturday, according to a county news release. Most of the rescues were necessary after a levee breach on the east side of Vallecito Creek flooded Tucker Lane.La Plata County Emergency Management issued another evacuation notice Saturday evening for residents of Middle Mountain Road, citing the closures of East Vallecito Creek Bridge on County Road 501 and restricted access to 5 Branches Bridge due to road damage.Three evacuation zones now cover much of northeast Vallecito, including the original zones north of Vallecito Reservoir. An evacuation map is available at ReadyLaPlata.org.

Upper Pine fire announced Saturday that the evacuation route on County Road 501A from Elkhorn to 5 Branches “is now impassable” due to damage that made it unsafe for vehicles.“The only open evacuation route is down County Road 501 and County Road 500 leading to Bayfield High School,” the fire district said.La Plata County advised evacuees to use County Road 501 west of Vallecito Lake and exit south, noting there is no access via the east side of the lake.A number of road and bridge closures are in effect as well, including:

The intersection of County Roads 500 and 501, which is open to exiting traffic only.

County Road 501A.

East of Vallecito Creek Drive.

Tucker Lane.

Mountain View Drive.

Scenic Drive.

West Vallecito Creek Drive.

Ponderosa Drive.

Faith Lane.

The 5 Branches Bridge is closed at 4762 County Road 501 A.

The East County Road 501 Bridge is closed at Vallecito Creek Drive.

The Mountain River Road Bridge is closed.

Abutment work on impacted county bridges and the Vallecito Creek Bridge on County Road 501 is scheduled for Monday.With helicopters scheduled to fly over the impacted area to assess damage, drones are prohibited to fly in the area from Vallecito Lake dam to the north, according to the county.La Plata County issued a local disaster declaration Saturday afternoon to obtain state resources and increased access to funding for response and recovery.The American Red Cross announced Sunday that the overnight shelter established Saturday at Bayfield High School has been relocated to the Bayfield Recreation Center at 110 East South St.

“Anyone who has been affected is welcome to stop by for a hot meal, to charge their phone and get other support. We don’t ask for identification, and you don’t have to stay overnight,” the Red Cross said.Evacuees must have RapidTag credentials to return to evacuation zones once they are deemed safe, according to the county.Credentials can be obtained at the Pine River Shares building at 658 S. East Street in Bayfield. Credentials can be obtained at 110 East South Street in Bayfield from 12:30 to 4 p.m. Sunday.Christy Korinko, who evacuated with her husband from their home near County Road 501 and Vallecito Creek, said that as of 11:48 a.m. Sunday, residents were not being allowed past county roads 500 and 501 to return.“We may need to find somewhere to stay tonight,” she said in a text message.Upper Pine fire described the flooding on Saturday as significantly worse than the 2006 Vallecito flood, which inundated at least 18 homes.

The National Weather Service attributed the flooding to Tropical Storm Priscilla, which tracked north off the Baja California coast in Mexico.Meteorologist Brianna Beato with the NWS Grand Junction office said Priscilla contributed to precipitable moisture values 300% to 400% above normal for mid-October in the Durango area. Rainfall from Thursday through Saturday exceeded double the historical 48-hour record totals in Vallecito, she said.That led to unprecedented flooding along Vallecito and Grimes creeks, which wind through northern Vallecito. A record-breaking 7,200 cubic feet per second was captured for Vallecito Creek on Saturday ‒ more than double a typical spring runoff, said La Plata County Administrative Analyst Sarah Jacobson on Saturday.Although peak water flows subsided Saturday, more rain is forecast Monday and Tuesday, and the emergency flooding event continues, she said.cburney@durangoherald.com

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