A mentally disturbed man cleared of assaulting police officers last year has been arrested again: this time for violating a restraining order.
Cortez Police Department records reveal that Shane French, 38, of North Texas Street, was arrested on Tuesday, Feb. 17. He was charged with violating a protection order and obstructing justice.
Contained in a seven-page offense report, authorities reveal that a female neighbor complained to police just before 11 a.m. on Tuesday that French would stare at her from his front porch. Police said the woman was “clearly upset and nearly to tears,” but they advised her that French wasn’t in violation of the court’s restraining order.
About two hours later, the woman called police to report that French had parked his vehicle outside of her workplace in an attempt to scare her, before exiting the vehicle and walking away. Upon contacting the suspect, French told police he parked his vehicle after having engine-related problems.
Police reported they subsequently called District Attorney Will Furse, who advised officers to either ticket or arrest French. French claimed he was unaware of the restraining order and offered to move the vehicle.
According to one officer, French “continued to fight” with police during the arrest, but another officer noted in his report that the suspect was apprehended “without incident.”
None of the officers involved in the arrest were connected to the February 2014 apprehension of French. In that case, French was charged with assaulting officers, but a jury cleared him of any wrongdoing last December under the Make My Day law.
Jurors opted not to convict French of resisting arrest because of the legal metaphor of “fruit of the poisonous tree.” Because the officers entered French’s home illegally, French could not be convicted of resisting arrest.
A juror also said that prosecutors failed to provide physical evidence proving that French has assaulted the officers.
In last year’s case, one officer admitted to repeatedly using a stun gun on French, even after he was placed in handcuffs. Another officer connected to the incident was reprimanded and ordered to anger management counseling.
Police Chief Roy Lane has denied that officers violated any department policy in the earlier arrest.
French’s family has indicated they might pursue a civil suit against the city for the previous incident, which included allegations of excessive use of force by police.
Diagnosed with a bipolar disorder, French also suffers from posttraumatic stress disorder, or PTSD, according to his family. On the scene this week, French’s mother reportedly told police that she hoped the latest arrest would lead to mental health treatment for her son.
According to Montezuma County jail officials, French remained in custody on a $1,000 bond as of press deadlines on Thursday.
tbaker@cortezjournal.com