Black ranchers call for passage of C.A.R.E.N. Act at Denver capital protest

DENVER, Colo. (KRDO) -- Two Black ranchers from Yoder and dozens of supporters took to the steps of the state capitol to call on lawmakers to pass an act that would criminalize racially motivated emergency calls.

The ranchers, Courtney and Nicole Mallery, accuse their neighbors and the El Paso County Sheriff's Office of racially attacking them. Courtney said about 10 of his cows, half of his herd of bigs, a goat and dogs have either been killed or stolen.

The sheriff's office denies any allegations that they have been a part of the harassment and said the department investigated more than 170 calls regarding the ranchers.

However, nearly 50 of those calls came from Teresa Clark, the Mallery's neighbor just south of their property.

The Mallory’s can access their ranch through one of two gates. One of those gates is on an easement that runs between their property and Teresa Clark's. According to arrest documents, she said the Mallery’s drive by her house multiple times a day when she is home to intimidate her. The arrest affidavit also said the Mallery’s told Clark what to pack for heaven and yelled, “Hands up, don’t shoot.” Clark said she is in fear for her safety.

But according to the El Paso County Sheriff's Office, the 60-foot easement is technically on the Mallery's property, but it is made available to those whose only access to their property is by the easement, like Clark.

“Farming is not a crime," Courtney said today at the protest. "Working your own land, moving about your own land is not a crime.”

The Mallery's didn't respond when asked about the controversy with their neighbors being characterized as a property dispute.

Clark's complaints and an investigation by the El Paso County Sheriff’s Office, including the seizure of three security cameras on the Mallery’s property that were all pointed at the Clark’s property, ultimately led to the most recent arrest of Courtney and Nicole Mallery. Both were charged with felony stalking.

The Rocky Mountain NAACP said the Mallerys' neighbors are weaponizing the El Paso County Sheriff's Office against the couple.

"Those that we elect in positions of power need to be held accountable when they turn a blind eye to racism," Courtney said. "When we spot those bad apples, we have to remove them because they just tarnish everything.”

The Caution Against Racially Exploitative Non-Emergencies (CAREN) Act 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.

During a press conference Tuesday, the Sheriff's Office addressed its interactions with the Mallery's. It played body camera footage of its first interactions with the Mallery's — the arrest of Nicole in April 2021.

One video, filmed by a process server trying to deliver legal documents to the Mallery's, shows Nicole chasing him off her land with a gun. In the footage, there is a subtle sound as the process server is running away. The Sheriff's Office claims the sound is a gun shot. When the El Paso County Sheriff's Office responded, Mallery denied shooting the gun multiple times. She also lied about the state on her driver's license. She later pleaded guilty to false reporting.

About four days later, the El Paso County SWAT unit executed a search and arrest warrant at the ranch. While Nicole was in custody, the video shows her kicking and biting an officer. In the body cam footage, she claims her arm was broken during the altercation. The Sheriff's Office said she denied medical attention at the scene but was later taken to the hospital.

But Tyrone Glover, the Mallery's attorney, said during the protest the Sheriff's Office press conference Tuesday didn't tell the whole story.

"In the lead up to all of this, what we have seen is not an objective, truth seeking investigation," Glover said. "The conference earlier this week and afterwards they released a scintilla of the discovery and investigative documents that are available."

On Thursday, the Sheriff's Office announced it would release body-worn videos, in their entirety, from non-active cases involving the Mallery's and the 19 complaints made by the Mallery's against the sheriff's office. The videos and documents, which are supposed to be released in the coming days, will still be redacted to "the extent required by law to ensure victim rights and medical information are protected."

Glover said his firm will comb through all the records to make sure the Mallery's receive justice.

"We will go through every single piece of paper, every video, and we will get to the bottom of all of this and make sure that justice is delivered."