{"id":43333,"date":"2021-12-10T06:51:47","date_gmt":"2021-12-10T13:51:47","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/politics-and-constitution-color-montezuma-county-patriots-harassment-trial\/"},"modified":"2026-03-31T03:13:00","modified_gmt":"2026-03-31T09:13:00","slug":"politics-and-constitution-color-montezuma-county-patriots-harassment-trial","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/politics-and-constitution-color-montezuma-county-patriots-harassment-trial\/","title":{"rendered":"Politics and Constitution color Montezuma County Patriot\u2019s harassment trial"},"content":{"rendered":"

\"Sherry
Sherry Simmons, on trial for third-degree harassment, will testify Friday about an incident between the Montezuma County Patriots and Peace and Justice group.<\/span>Kala Parkinson<\/span><\/figcaption><\/figure>\n<\/p>\n

Themes of politics and Constitutional rights \u2013 articulated at points, an undertone at others \u2013 were a focus in the second day of a jury trial of Montezuma County Patriots organizer Sherry Simmons, who has been accused of harassing Peace and Justice marchers on Jan. 2.<\/p>\n

That January day \u2013 days before Joe Biden was officially named U.S. president \u2013 an encounter between the Patriots and local Peace and Justice group signaled the height of political tension and protests in Cortez, at a time when the opposing groups marched on Cortez\u2019s Main Street with signs signaling their beliefs.<\/p>\n

Simmons was charged with third-degree harassment after she and a group of about 10 to 15 Patriots followed five Peace and Justice marchers from the intersection of Elm Street and West Main Street to St. Barnabas Episcopal Church, at 110 W. North St. about noon Jan. 2.<\/p>\n

Simmons, who is representing herself in the trial, will testify on the third day of her trial, beginning 9 a.m. Friday. Simmons said she originally hired an attorney, who later declined to represent her.<\/p>\n

Simmons implored the jury to consider whether her actions, and not the group\u2019s actions, exemplified harassment, before the court viewed a 34-minute video captured by alleged victim and organizer of the Peace and Justice group Raleigh Cato (formerly Marmorstein.)<\/p>\n

\"Deputy
Deputy District Attorney Jessica Salem of the 22nd Judicial District showed a picture of Sherry Simmons during the Jan. 2 incident for which she was charged for harassment.<\/span>Kala Parkinson<\/span><\/figcaption><\/figure>\n<\/p>

The video showed Patriots approaching and following the Peace and Justice group, some issuing expletives \u2013 language that Simmons later called \u201chorrible.\u201d<\/p>\n

The prosecutor, Deputy District Attorney Jessica Salem of the 22nd Judicial District, urged the jury \u2013 vetted for political involvement \u2013 to ignore \u201c noise\u201d lingering behind the courtroom bar.<\/p>\n

That bar, she argued, separated them from the only issue at hand, a mere act of harassment in line with Colorado Statute 18-9-11 and the political and media traction the case was gaining outside the court.<\/p>\n

While Salem said the case itself wasn\u2019t political, Simmons argued that it was.<\/p>\n

Salem argued that the case wasn\u2019t about the First Amendment, gun rights, Patriots, Black Lives Matter, Republicans versus Democrats or Fox News versus CNN.<\/p>\n

Three witnesses testified Thursday, and Simmons cross-examined them.<\/p>\n

First up was Cato, who maintained her position that she felt harassed by Simmons herself Jan. 2, even when a juror\u2019s question asked her to later clarify that point.<\/p>\n

To that juror question, Cato said Simmons and another woman were the \u201cmain communicators, leaders and organizers\u201d of the Patriots and \u201chad encouraged the behavior of those with them.\u201d<\/p>\n

She said she felt the physiological symptoms of fear \u2013 racing heart, flushed face and sweaty palms \u2013 when initially seeing Patriots approach her group at Elm and West Main streets.<\/p>\n

\u201cIt was very clear that their intention was to protest over us,\u201d she said.<\/p>\n

She said it was usual for the Patriots \u201cto harass and follow us on multiple occasions.\u201d<\/p>\n

Simmons asked whether it was possible for the Patriots to be protesting out of \u201ccompassion and very much concern for the future of this nation,\u201d rather than protesting to combat the efforts of the Peace and Justice group.<\/p>\n

Cato was aware that the Patriots were protesting farther east on Main Street that day, she said, although she said she originally thought they were stationary. She said the Peace and Justice members usually protested where the Patriots were, but switched locations after seeing that they occupied the corner that day.<\/p>\n

Cato said her group did not approach, engage in conversation, raise voices, flip-off or respond to the Patriots.<\/p>\n

Further questioning led Cato to admit that Peace and Justice members felt relief when Patriots began to leave the sidewalk in front of the church where they took \u201csanctuary.\u201d<\/p>\n

Some members were crying and shaken, and needed assistance to their cars, Cato said.<\/p>\n

Cato said she and other Peace and Justice members engaged in nonviolent deescalation training as a group when Simmons asked about her protest experience.<\/p>\n

The Peace and Justice protesters shifted their primary marching grounds from Montezuma Avenue to Main Street \u201cto gain more visibility,\u201d Cato said, not to compete with the Patriots, whom she didn\u2019t realize held \u201crallies\u201d on the street.<\/p>\n

Mentions of Patriots carrying arms surfaced repeatedly. Simmons said it was usual for her to carry a gun, and asked Cato whether she was shocked to see her weapon that day.<\/p>\n

The Jan. 2 incident \u201cfelt different\u201d from previous brushes the groups had experienced, Cato said.<\/p>\n

Cato recalled that Simmons approached her at a restaurant after the Jan. 2 incident, and that Simmons stated that she knew Cato and \u201csurrounded\u201d her table with a group.<\/p>\n

Private Facebook messages between the two included one in which Cato asked Simmons whether she was proud of her actions Jan. 2.<\/p>\n

In a long response, Simmons sent prayer and the sentiment \u201cI love you,\u201d to Cato, court proceedings revealed.<\/p>\n

While the follow-up conversations weren\u2019t hostile but were \u201cunexpected,\u201d Cato said, \u201cI don\u2019t find it friendly to have prayer forced upon me.\u201d<\/p>\n

The investigating officer on the original case next testified. Steven King, then a member of the Cortez Police Department but now an officer for Colorado State Patrol, said the video evidence, shown in court, showed Patriots following Peace and Justice members for three blocks.<\/p>\n

Then, by way of interviews, social media, conversations with fellow officers, previous contacts and body cams, he began identifying Patriots who followed the Peace and Justice group to the church. He was not able to identify them all, and that was why only six participants were charged with harassment, he said.<\/p>\n

The other five entered into diversion agreements, District Attorney Matt Margeson told The Journal <\/em>earlier this week.<\/p>\n

Mayor Mike Lavey was the third to testify. He said that after observing the groups in his car, he became concerned that physical violence might occur, and he began to follow what was going on, even making two calls to dispatch to request a law enforcement presence to keep the peace.<\/p>\n

He did not recall a conversation with Simmons, in which she said he asked if she was with the Patriots. Simmons showed a photo of the two that she said was taken that day, although there was no timestamp and the mayor could not corroborate her claims of their exchange.<\/p>\n

He also denied he was at the event as a legal observer, after a victim statement read by Simmons appeared to claim otherwise. Cato also denied his involvement as a planned legal observer but said the group did request their presence them at bigger events.<\/p>\n

\u201cI would stand up to protect any citizen in Cortez that was being threatened by somebody else,\u201d he said.<\/p>\n

He said he assisted some Peace and Justice members to their cars.<\/p>\n

The Journal will update with more details, as well as coverage of the third day. <\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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