-Caveat Lector- Using a SWAT team for a misdemeanor case should be grounds for permanent exclusion from any position in law enforcement, (or maybe even a capital crime). http://www.denverpost.com/news/news0819h.htm Judge OKs suing SWAT, sheriff By Electa Draper Denver Post Staff Writer August 19 - A Bayfield family, alleging that a SWAT team raid on their ranch terrified their children and violated their constitutional rights, can sue the La Plata County sheriff, undersheriff and the team commander, a federal court judge in Denver has ruled. Ten Special Weapons and Tactics team members executed a search warrant against Samuel A. Heflin, a suspect in a misdemeanor assault case, at his 64-acre ranch on the evening of April 16, 1996. Heflin had been identified by several witnesses as one assailant in a wild brawl outside a popular Vallecito restaurant, Virginia's Steakhouse, in the early hours of April 14. SWAT team members, seven of whom were dressed in hoods and camouflage, stormed the Heflin ranch buildings, including the family's home, without knocking and announcing entry, plaintiffs allege. During a search for evidence in the assault case, specifically Heflin's bloodied shirt, cowboy hat and some cigarette packs, SWAT team members pointed guns at small children, including Heflin's 4-year-old granddaughter. Her mother said the little girl was chased down a hall with a red laser beam from an assault rifle positioned in the middle of her back. U.S. District Court Judge Lewis Babcock, in an Aug. 3 ruling, dismissed claims by the Heflin, Holland and Overdorff families against the La Plata County Sheriff's Department, which he noted had proper written guidelines for SWAT team deployment. However, the judge ruled, claims that three top department officials authorized excessive force during the raid can proceed to trial. The judge denied assertions by Sheriff Duke Schirard, Undersheriff Robin Harrington and SWAT team tactical commander Deputy Kelly Davis that they have immunity from suit. He said they were aware of departmental policy, yet they allegedly deprived the plaintiffs of their right to be free from unreasonable searches and seizures. The trial is set for April 3. When the SWAT team arrived at the Heflin property, Randy Holland, 18, Marty Holland, 8, and Ray Walker, an adult, were playing basketball in the driveway. One of three SWAT team members had his weapon drawn, pointed it at the three and ordered them to lie face down on the ground, according to the judge's recitation of the facts in the case. Another deputy encountered Scotty Holland, 14, near a bunkhouse and ordered him at gunpoint to lie face down. Shelby Holland, 4, ran screaming into the house. Her grandparents, Tonie and Samuel Heflin, and Kristy Holland, were in the kitchen. Shelby's mother, Tessa Overdorff, and a girlfriend were in a back bedroom, the judge said. Several SWAT team members burst into the house moments behind Shelby, but it is disputed whether they knocked, announced their presence or identified themselves as law enforcement, the judge said. The plaintiffs allege that the team did none of those things. Those family members in the house were rounded up in the Heflin living room and made to lie face down on the floor at gunpoint for 10 to 15 minutes, while officers searched buildings and vehicles, the judge said. Samuel Heflin said that he repeatedly asked if the officers had a search warrant but was told to "shut . . . up.'' Undersheriff Harrington delivered the warrant to the home shortly after the search was completed, the judge said. Officers arrested Samuel Heflin, who had no criminal record. The judge concluded that whether it had been reasonable to use the SWAT team to execute the search warrant was "genuinely in dispute.'' Babcock further wrote: "The jury's determination . . . will be limited to consideration the use of weapons in connection with (the children); and whether the SWAT team "knocked and announced.' '' But the judge rejected plaintiffs' claims that using foul language and detaining adults at gunpoint constituted excessive force. Copyright 1999 The Denver Post. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Kathleen "It is sobering to reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the struggle for independence." - Charles A. Beard DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance�not soapboxing! 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