Local and state authorities were informed last week that a Montezuma County Sheriff\u2019s Office deputy with a checkered past would no longer be utilized to prosecute criminals.<\/p>\n
In an eight-paragraph letter dated Monday, July 29, District Attorney Will Furse told law enforcement officials that Deputy Darrin Harper had demonstrated a pattern and practice of disregard for the personal liberties and constitutional rights of local citizens. He also wrote that his office \u201ccan no longer prosecute cases attributed to Deputy Darrin Harper\u201d due to the officer\u2019s \u201cunlawful actions.\u201d<\/p>\n
The July 29 written notification was addressed to Sheriff Dennis Spruell, and included copies to the Montezuma County Board of Commissioners, Cortez Police Department, Mancos Marshal\u2019s Office and the Colorado State Patrol. An anonymous source forwarded a copy of the correspondence to the Cortez Journal.<\/p>\n
Furse said his office is currently investigating Harper\u2019s alleged misconduct, but he declined to reveal when the probe was launched.<\/p>\n
\u201cDeputy Harper\u2019s conduct has been brought to the sheriff\u2019s attention on numerous occasions where after no notable action or consequence followed,\u201d Furse said. \u201cWith frequency, Harper\u2019s credibility as a witness has been questioned based on accusations of falsified records, inaccurate reports and conflicting testimony.\u201d<\/p>\n
In the 635-word letter, Furse said Harper\u2019s \u201cunconstitutional acts\u201d had forced the dismissal of serious criminal charges against numerous defendants. According to district attorney records, Harper \u2014 who is no longer employed by the MCSO \u2014 remains as a listed witness in 22 pending criminal cases.<\/p>\n
\u201cMy office offered to train Deputy Harper and others on legal precedence and constitutional authority related to common situations such as traffic stops, witness questioning, Miranda advisements, home and vehicle searches and entry onto someone\u2019s property,\u201d Furse explained.<\/p>\n
\u201cThat\u2019s simply untrue,\u201d Spruell responded during a 40-minute interview with the Cortez Journal. \u201cNever have I been talked to about the district attorney\u2019s office offering their assistance, ever,\u201d he emphatically denied.<\/p>\n
According to the letter, the training offered by the district attorney was met with both \u201creluctance and apathy\u201d from the sheriff\u2019s office. The letter further stated that the district attorney also offered constructive criticism as to \u201cspecific, prohibited performances\u201d of Deputy Harper.<\/p>\n
In response to the letter, Spruell described it as \u201cbizarre\u201d and \u201cunprofessional\u201d for Furse to send the letter to outside agencies, and claimed portions of the letter were \u201cinaccurate,\u201d \u201cinflammatory,\u201d \u201cuntrue\u201d and \u201cloaded with improprieties.\u201d<\/p>\n
\u201cI think the letter was self-serving,\u201d the sheriff said last week. \u201cI don\u2019t know what\u2019s going on.\u201d<\/p>\n
However, during the media interview, Spruell repeatedly claimed that he initially requested a letter from the district attorney regarding Harper\u2019s conduct.<\/p>\n
\u201cI\u2019m the one that asked for the letter,\u201d he said. \u201cThis has been an issue of mine.\u201d<\/p>\n
Furse denied those claims, saying the sheriff never solicited a letter. The letter was sent, Furse said, because he has had a number of cases within the past two to three weeks that had to be dismissed due to Harper\u2019s actions.<\/p>\n
\u201cIn one case, [Harper] kicked in a door without a warrant,\u201d Furse explained. \u201cHis actions have been unconstitutional and unlawful.\u201d<\/p>\n
In addition to allegations of \u201congoing and historically ignored\u201d problems within the ranks of the Montezuma County Sheriff\u2019s Office, Furse also wrote commending and thanking Sheriff Spruell for his efforts, and cited that a vast majority of his deputies were \u201cvirtuous and constitutionally knowledgeable.\u201d<\/p>\n
In response to the sheriff\u2019s reactions, Furse said he stands by his correspondence.<\/p>\n
\u201cThe letter is accurate, truthful and sincere,\u201d he said.<\/p>\n
The entire text of the letter can be viewed online at www.cortezjournal.com.<\/p>\n