{"id":94714,"date":"2019-04-10T11:57:41","date_gmt":"2019-04-10T17:57:41","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/rose-chilcoat-files-lawsuit-against-utah-rancher-san-juan-county-officials\/"},"modified":"2019-04-10T11:57:41","modified_gmt":"2019-04-10T17:57:41","slug":"rose-chilcoat-files-lawsuit-against-utah-rancher-san-juan-county-officials","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/rose-chilcoat-files-lawsuit-against-utah-rancher-san-juan-county-officials\/","title":{"rendered":"Rose Chilcoat files lawsuit against Utah rancher, San Juan County officials"},"content":{"rendered":"\n<p><!-- gallery:517b8a71-7767-4936-b2a3-2f32b0777eb0 --><\/p>\n<p>Local environmentalist Rose Chilcoat has filed a civil lawsuit against a Utah rancher and San Juan County officials who accused her of trying to kill cattle two years ago.<\/p>\n<p>Chilcoat was expected to make a statement about her lawsuit Wednesday in Salt Lake City. Her attorney, Karra Porter, said Wednesday morning the charges against Chilcoat were not based in fact and were politically motivated.<\/p>\n<p>The rancher, Zane Odell, could not be reached for comment. San Juan County Attorney Kendall Laws was out of the office Wednesday.<\/p>\n<p>\u201cThere is significant concern that a lot of things were done to Rose Chilcoat simply because of her environmental views,\u201d Porter said.<\/p>\n<p>In April 2017, Chilcoat and her husband, Mark Franklin, <a href=\"https:\/\/durangoherald.com\/articles\/192616-charges-advance-against-durango-woman-accused-of-endangering-cattle\">were hit with felony and misdemeanor charges<\/a> after prosecutors said the couple closed the gate to one of Odell\u2019s corrals between Mexican Hat and Bluff with the intent to shut cattle off from access to water.<\/p>\n<p>The San Juan County Attorney\u2019s Office charged Chilcoat with two misdemeanors: one for trespassing on state trust lands and another for providing false information for identifying herself to police using her married name.<\/p>\n<p>Six days after the initial charges were filed, Chilcoat was issued two new felony charges: attempted wanton destruction of livestock and retaliation against a witness for a letter she sent to the Bureau of Land Management about Odell\u2019s cattle operation.<\/p>\n<p>Ultimately,<a href=\"https:\/\/durangoherald.com\/articles\/232217-prosecutors-to-drop-charges-against-durango-environmentalist-rose-chilcoat\"> all the charges against Chilcoat were dropped<\/a> by higher courts.<\/p>\n<p>Franklin, however, <a href=\"https:\/\/durangoherald.com\/articles\/270444-durango-man-accused-of-trying-to-kill-cattle-signs-plea-agreement\">ended up taking a plea deal<\/a> earlier this month. If he meets several conditions of the deal, including paying a $1,000 fine, all charges will be dropped.<\/p>\n<p>The couple have maintained for the past two years the entire case was brought as a form of retaliation for Chilcoat\u2019s years of environmental work for <a href=\"https:\/\/www.greatoldbroads.org\/\" target=\"_blank\" rel=\"noopener\">Great Old Broads for Wilderness<\/a>, which deals with many contentious public lands and grazing issues in San Juan County.<\/p>\n<p>According to the civil lawsuit filed Wednesday, Chilcoat was \u201cvindicated\u201d when the courts dismissed the charges against her.<\/p>\n<p>\u201cIt took more than a year, however, after Ms. Chilcoat was forced to incur substantial defense costs fighting the fabricated allegations,\u201d the complaint said. \u201cThe actions against Ms. Chilcoat violated her constitutional rights and cost her a substantial amount of money, for which this lawsuit seeks redress.\u201d<\/p>\n<p><\/p><div class=\"naviga-social-embed\">&lt;![CDATA[\n<div class=\"pdf-asset-embed\">\n  Chilcoat Complaint<br>\n  <iframe src=\"\/\/dur-cjweb.newscyclecloud.com\/assets\/pdf\/CJ337254410.pdf\" style=\"width:100%;height:600px\" frameborder=\"0\"><\/iframe>\n<\/div>\n<div class=\"pdf-download-notice\">If you\u2019re unable to view the PDF document above, <a href=\"https:\/\/dur-cjweb.newscyclecloud.com\/assets\/pdf\/CJ337254410.pdf\" target=\"_blank\" rel=\"noopener\">click here<\/a> to view it in a new tab<\/div>\n<p>\n]]&gt;<\/p><\/div>\n<p>The lawsuit also claims Chilcoat was illegally detained and falsely accused of attempting to kill cattle, and that Laws, the county attorney, made intentional misstatements throughout the court process.<\/p>\n<p>\u201cLaws was not evaluating evidence,\u201d the complaint says. \u201cHe was fabricating evidence and\/or falsely representing that he had evidence when he knew that he did not.\u201d<\/p>\n<p>The lawsuit does not name a dollar amount Chilcoat is seeking, other than stating she is \u201centitled to an award of punitive damages.\u201d<\/p>\n<p>Tensions between some residents in San Juan County and the Great Old Broads have flared up several times in recent years. In May 2018, a Utah judge moved the couple\u2019s scheduled trial out of San Juan County after it was determined <a href=\"https:\/\/durangoherald.com\/articles\/223304-trial-moved-for-couple-accused-of-attempting-to-kill-cattle#slide=0\">they would not receive a fair trial there<\/a>.<\/p>\n<p>A poll that surveyed about 200 people in San Juan County found about 75 percent were familiar with the Great Old Broads, and of that amount, 75 percent had a \u201cvery unfavorable\u201d view.<\/p>\n<p><em class=\"mwc_shirttail\"><a href=\"mailto:jromeo@durangoherald.com\">jromeo@durangoherald.com<\/a><\/em><\/p>\n<p><a href=\"https:\/\/dur-cjweb.newscyclecloud.com\/assets\/pdf\/CJ337254410.pdf\" target=\"_blank\" rel=\"noopener\">Chilcoat Complaint (PDF)<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Complaint says Durango environmentalist was falsely accused of trying to kill cattle<\/p>\n","protected":false},"author":1,"featured_media":94715,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5736,5735],"tags":[738,781,121],"naviga_topic":[],"class_list":["post-94714","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-local-news","category-news","tag-environmental-issue","tag-environmental-politics","tag-utah"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/94714","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=94714"}],"version-history":[{"count":0,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/94714\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/94715"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=94714"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=94714"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=94714"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=94714"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}