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New details emerge in controversial arrest of two Black ranchers in El Paso County

KRDO

EL PASO COUNTY, Colo. (KRDO) -- 13 Investigates obtained new court records that shed light on what led up to the controversial arrest of two Black ranchers in El Paso County.

The couple, Courtney and Nicole Mallery are currently facing stalking charges after they claim they've been harassed by neighbors and an El Paso County Deputy. Courtney was arrested earlier this week and Nicole was arrested back in November.

The Rocky Mountain National Association for the Advancement of Colored People (NAACP) is investigating the arrest because the Mallery's allege it is racially motivated.

In the last two years, since moving onto their ranch in Yoder, the Mallery’s allege their neighbors and the El Paso County Sheriff’s Office have racially attacked them, from the vandalizing of property to the mutilation of livestock.

Neighbor Stalking Allegations

The Mallery’s live on hundreds of acres of land in rural El Paso County. The Clark family lives on the property just south of the Mallery's ranch. A road separates the Mallery and Clark family properties. According to the arrest affidavit, written by Sergeant Emroy “Ray” Gerhart, the road is not maintained by the county and is the only way to the Clark’s property. Meanwhile, the Mallery’s have two entrances to their property — one off of that easement and the other further north off of Lauppe Road.

“There's only two roads in,” said Portia Prescott, the president for the Rocky Mountain NAACP. “Technically the easiest road is the road that they want to use, not a back road.”

According to the arrest affidavit for the Mallery’s felony stalking charges, they use the easement shortly after the Clark’s leave or return home. It also said the Mallery’s told Teressa Clark what to pack for heaven and yelled, “Hands up, don’t shoot.” Both parties have filed protection orders against the other. Currently, the Clark’s protection orders against the Mallery’s are the only ones active.

Nicole and Courtney were arrested for felony stalking. Both have posted bail.

“The Clark’s have made it clear that they are now in the position to weaponize El Paso County Sheriff's against the Mallery’s, and it's still not answering the question of the property lines,” Prescott said.

Court records also said the Mallery’s have allegedly placed security cameras near the easement pointed at the Clark’s house.

On Thursday, Courtney Mallery declined an interview with 13 Investigates.

NAACP investigation into arrests

The Rocky Mountain NAACP said it is independently investigating the situation to try and determine the true property lines.

“Regardless of who is lying, that's not the issue,” Prescott said. “The issue is what can we prove? What can we actually know that's a fact? What's the property line and how can that person from the state demonstrate it to both parties?”

Prescott believes the El Paso County Sheriff’s Office would have handled the situation much differently if the neighbors were both white.

“There can be no other reason that this has escalated to this level other than race,” she said.

In a press release last week, the El Paso County Sheriff’s Office denied the claims made by the Mallery’s.

“The El Paso County Sheriff’s Office feels the need to comment further because the article’s author did not seek comment from the El Paso County Sheriff’s Office before publishing it, and the article has garnered attention from within and outside of our community at a time when relationships between some law enforcement agencies and the communities which they serve are strained,” the press release said.

History with El Paso County Sheriff's Office

The El Paso County Sheriff’s Office has responded to more than 170 calls to service involving the Mallery's ranch since April of 2021. Some have been made by the Mallery’s, while others have come from their neighbors.

One of the first calls during that time frame came from Jake Sacksteder, a process server, trying to deliver legal documents to Courtney Mallery. According to the arrest affidavit, Nicole Mallery came out of a building on the ranch with a shotgun. Sacksteder said she pointed it at him and fired it into the air.

El Paso County Sheriff Deputy Michelle Reed arrived at the ranch and spoke with Nicole. According to the affidavit, Nicole said Sacksteder was on her property despite the “No Trespassing” signs and she was afraid.

Nicole said she was holding a gun but didn’t fire it. She also provided personal information that the El Paso County Sheriff’s Office later found out was false. Court records show she pleaded guilty to false reporting.

About four days later, the El Paso County Tactical Services Unit arrived at the ranch to execute a “high-risk search warrant.” They were to take Nicole into custody for “outstanding felony warrants and recover a shotgun used in an earlier felony menacing.”

After Nicole was arrested and in a transport vehicle, the arrest affidavit said she “became belligerent and moved toward the door as if to leave.” El Paso County Sheriff Deputy Jonathan Pennington grabbed her left arm. According to court documents, Nicole “repeatedly kicked” the deputy in the leg and bit his arm. Nicole later pled guilty to assaulting a peace officer.

El Paso County Sheriff’s Office Sergeant Emroy “Ray” Gerhart wrote the arrest affidavit. The Mallery’s claim he has participated in the alleged racial attacks.

The El Paso County Sheriff’s Office declined an interview with 13 Investigates on Thursday but said it would be releasing all the records and documentation from its interactions with the Mallery’s in the coming days.

“I'm not really concerned about what they release,” Prescott said. “The bottom line doesn't change. You have two people who have believed their truths and there's no way to identify whose truth is the truth until someone from the state clearly walks through and helps everyone identify where the boundaries are drawn on this parcel of land.”

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Quinn Ritzdorf

Quinn is a reporter with the 13 Investigates team. Learn more about him here.

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