El Paso Co. Sheriff’s Office addresses accusations of racism, harassment by Black ranchers
EL PASO COUNTY, Colo. (KRDO) -- El Paso County Sheriff Joe Roybal made his first public appearance Tuesday, since a Black farming couple made allegations that the department and their neighbors are racially attacking them.
Roybal said the claims are false.
"Misinformation and the mischaracterization of my office and my employees has led to a level of uneasiness for many residents of Yoder and some members of my staff and family members who have been specifically targeted," Roybal said.
The El Paso County Sheriff's Office held a press conference to address its interactions with two Black ranchers, their neighbors, and claims of racism and harassment. To be transparent, the Sheriff's Office said it would be releasing all closed case reports regarding their interaction with the Mallery's. Any documentation from active cases won't be released, Roybal said during the press conference.
According to the arrest affidavit, 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 their neighbors to the south. Teresa Clark, who lives on that easement, 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.
The El Paso County Sheriff’s Office also seized three security cameras on the Mallery’s property that were all pointed at the Clark’s property.
Lieutenant Chris Gonzalez with the El Paso County Sheriff's Office is in charge of the district where the Mallery's live. He said the 60-foot wide easement is technically on the Mallery's land, however it is "set aside by the county for all the landlocked properties" whose only access to their property is by the easement.
Clark was arrested in September for violating a temporary protection order the Mallery's had against her. She got within 100 yards of their property to take a picture of the security cameras.
Both parties have filed protection orders against the other. Currently, the Clark’s protection orders against the Mallery’s are the only ones active. Both parties have also made about 50 calls of service against each other.
Sergeant Emroy “Ray” Gerhart, who wrote the arrest affidavit, said he finds the Mallery’s “activity highly unusual and outright disturbing.” The Mallery’s claim Gerhart has participated in the racial attacks.
The El Paso County Sheriff's Office said Gerhart won't be made available for comment on the incidents.
Nicole turned herself into Elbert County for the stalking charges in November, while Courtney was arrested in early February.
During Tuesday's press conference, the sheriff's office played body camera footage of interactions with the Mallery's from closed cases pertaining to 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.
"Brandishing a weapon is not necessarily against the law unless you use in a threatening manner, such as to fire rounds off as the person's trying to flee the property of their lives," Gonzalez said during the press conference.
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.
Watch the press conference below:
The Mallery's allege their arrests were racially motivated. The Rocky Mountain National Association for the Advancement of Colored People (NAACP) is now investigating the incidents. Roybal said the arrests were by the book and not based on race.
"I'm confident our actions and responses to the calls and complaints in the Yoder community have been objective and based on facts and law, not on race," he said.
Last week, Roybal said he asked his staff to review all reports related to the Mallery's. He said the review found two events "where we as an office could have done more during our investigation." Roybal wouldn't provide further detail about the incidents as they are now active cases again.
Roybal said he is considering an independent, third-party investigation to review all the Sheriff's Office's interactions with the Mallery's.
The Sheriff's Office investigated 19 complaints and responded to more than 170 calls to service related to the Mallery's. One of those calls was the killing of the Mallery's ranch hand, Donaciano Amaya, in May 2021. The Sheriff's Office announced it now has a person of interest in that case.
Roybal reiterated the fact that he has reached out to the Black and Latino Leadership Coalition to coordinate a meeting between the Sheriff’s Office, the Mallery’s and community members. But he said the Mallery's have been reluctant to accept the invitation.
"I am confident the residents in Yoder and those involved in this situation all want peace," he said.
