Black farmer in court on stalking charges after alleging harassment and racial attacks
EL PASO COUNTY, Colo. (KRDO) -- A Black farmer, who said he has been harassed by neighbors and the El Paso County Sheriff’s Office, appeared in court today on stalking charges.
In a press release last week, the El Paso County Sheriff’s Office denied claims made in a January article, written by Ark Republic, where Courtney and Nicole Mallery, Black El Paso County rural farmers, made numerous allegations of harassment, including the destruction of property and the mutilation of livestock. The couple claim the harassment from their neighbors and El Paso County Sheriff’s Office personnel, including Sergeant Emroy “Ray” Gerhart, was racially motivated.
The EPSO “vehemently denies these allegations.”
“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.
The EPSO said it responded to more than 170 calls to service and investigated 19 different complaints filed by the Mallery’s between April 2021 and February 2023.
During this year and half, Courtney Mallery filed six protection orders, with all six being dismissed by a judge. His wife, Nicole, filed two protection orders which were also later dismissed.
A number of protection orders were filed against the couple too, including one that is still active against Nicole.
During the last year and a half, Nicole also pleaded guilty to a felony for assaulting a peace officer and a misdemeanor of false reporting.
The El Paso County Sheriff’s Office filed an arrest warrant for Nicole on Nov. 22 with charges for felony stalking. She turned herself into Elbert County late November and posted a $2,000 bail about a month later.
On Monday, Courtney was arrested on the same felony stalking charges, despite the arrest warrant being filed in early December. Details of the arrest haven’t been released. 13 Investigates reached out to Nicole Mallery, their attorneys and the Sheriff's Office for an interview, but all three declined.
The Rocky Mountain NAACP said it is investigating the Mallery's allegations and arrest. 13 Investigates couldn't reach the organization for further comment.
During Courtney’s court hearing Tuesday, the judge set his bond at $6,000 and said he can't contact two of his neighbors due to a mandatory protection order. His next court appearance is Feb. 14, while Nicole is set to be in court Thursday.
In light of the article alleging racism and harassment, a GoFundMe, created for the Mallery’s, has received more than $53,000 in donations.
EPCSO said it has received multiple threats following the Mallery's arrests, as the story has garnered national attention. In response, El Paso County Sheriff Joseph Roybal asked the Black and Latino Leadership Coalition to coordinate a meeting between the Sheriff’s Office, the Mallery’s and community members.
“It is my hope this meeting is the beginning of efforts and understanding to ensure a safe community for all,” Roybal said in the letter. “Your help is appreciated on this matter.”
Eric Carnell, the president of the Black and Latino Leadership Coalition, said the request from the Sheriff was "monumental." He said the situation between the Mallery's and their rural El Paso County neighbors is a "sad state of affairs" and "unhealthy for the community."
Carnell told 13 Investigates a date for the meeting hasn't been set yet, as he is expecting a lot of people to attend and the logistics will take time to plan.
