Exclusive: Yoder ranchers talk dismissed cases, ‘unprofessional’ El Paso County Sheriff investigation

YODER, Colo. (KRDO) -- Nicole and Courtney Mallery, two Yoder ranchers, walked out of an El Paso County courtroom Thursday free of all criminal charges.

For months, the Black couple has been the center of a racial controversy between their neighbors and the El Paso County Sheriff’s Office, leading to, what they claim was, false stalking charges.

On Thursday, the 4th Judicial District Attorney’s Office dismissed all criminal charges against the couple due to a lack of evidence.

“A significant issue here is that the sheriff's office took an unprecedented misinformation campaign and ran with it,” said Jeremy Loew, Nicole’s defense attorney. “They held press conferences and discussed evidence that they claim happened.”

Since the beginning of the year, the El Paso County Sheriff’s Office has aired the case publicly, holding a press conference and releasing body camera footage of deputies’ interactions with the Mallerys.

“It's like nothing I've ever experienced in my career,” Loew said. “Sheriff Roybal went above and beyond in this case to violate due process rights of accused individuals.”

After their charges were dismissed Thursday, Nicole and Courtney Mallery sat down with 13 Investigates for an exclusive interview about the case.

When asked how this whole situation started, Courtney said he didn’t know.

“That's the million-dollar question right there,” he said. “I check my fence line, I'm farming and I'm just moving about my property every day. I can't tell you where it started or what started it.”

The couple moved to Yoder a couple of years ago and settled on a large property. But they said they soon realized they weren’t welcome. The Mallery’s allege their neighbors racially attacked them, from vandalizing property to mutilating livestock.

The couple claims their neighbors then “weaponized” the El Paso County Sheriff’s Office against them and describe their interactions with deputies as “horrible.”

“Who can you rely on for help? Throughout this whole process, I felt helpless,” Courtney said.

The El Paso County Sheriff’s Office said the Mallerys continued to call 911 at least 50 times since April 2021 complaining about their neighbors. The Mallerys told 13 Investigates they had nowhere else to turn, yet still blame the sheriff’s office for making the situation worse.

“I don't believe that all police officers are bad,” Nicole said. “But I do believe this rural enforcement division operated in a manner that is unprofessional and unacceptable. Had they done their job correctly, we would not be sitting here with you today.”

The Mallery’s neighbor claimed the couple drove up and down a public road between properties, sat outside her house and had surveillance cameras pointed at her property.

The El Paso County Sheriff’s Office used these claims to arrest the Mallerys and charge them with felony stalking. On Thursday, those charges were dismissed for a lack of evidence after mediation between the neighbors failed.

“Justice was served, but justice was delayed,” said Tyrone Glover, Courtney’s defense attorney.
“The responsibility and the accountability for this injustice falls squarely on the shoulders of El Paso County Sheriff's and their enablers in that community.”

The El Paso County Sheriff’s Office said it can’t comment on the case because it is sealed.

“I hope that the next time a black family moves into a rural area such as Yoder, they are treated with the decency and respect that every human being deserves,” Nicole said.

The Mallerys received national attention from this case, raising more than $230,000 through GoFundMe. They told 13 Investigates they will use the funds to increase security on their ranch.

In court Thursday, Teresa Clark, the Mallery’s neighbor, told the judge if the case is dismissed, her life is at risk. She claims the couple continues to stalk and harass her.

“(The Sheriff’s Office) refused to provide equal protection,” Clark said. “They refused to do anything about the Mallerys because of the fact that they didn't want to get involved in the racism thing.”

The Mallerys deny her allegations and said she’s the one that still harasses them.

“We haven't said anything to her,” Courtney said. “We haven't done anything. We haven't posted anything about her. She is not even in our atmosphere.”

Although the criminal charges were dismissed, there are still active restraining orders between the neighbors. The Mallerys said they don’t have a problem living next to their neighbors, despite the problematic history.

“We're going to continue to do what we do every day and that’s farm in peace,” Nicole said. “I hope that the other people in the community see what's going on and will realize that, unfortunately, some of these allegations just aren't true and maybe come out and support the ranch and learn about farming and agriculture.”

The couple hopes to use their experience to pass the Caution Against Racially Exploitative Non-Emergencies (CAREN) Act in Colorado, which would criminalize someone who calls law enforcement with a false accusation based on their race.

A version of the law has passed in Oregon, New York, and New Jersey. No bill has been filed in Colorado.

“What has happened to me is happening everywhere — in these little small pocket towns it's happening and it shouldn't be that way,” Courtney said. “People should be able to move about their property without fear of being lied on just for the color of their skin.”