Furse won’t prosecute Harper’s cases

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Furse won’t prosecute Harper’s cases

Sheriff says
DA never
offered aid

By Tobie Baker Journal Staff Writer

Monday, Aug. 5, 2013 11:31 PM

Local and state authorities were informed last week that a Montezuma County Sheriff’s Office deputy with a checkered past would no longer be utilized to prosecute criminals.

In an eight-paragraph letter dated Monday, July 29, District Attorney Will Furse told law enforcement officials that Deputy Darrin Harper had demonstrated a pattern and practice of disregard for the personal liberties and constitutional rights of local citizens. He also wrote that his office “can no longer prosecute cases attributed to Deputy Darrin Harper” due to the officer’s “unlawful actions.”

The July 29 written notification was addressed to Sheriff Dennis Spruell, and included copies to the Montezuma County Board of Commissioners, Cortez Police Department, Mancos Marshal’s Office and the Colorado State Patrol. An anonymous source forwarded a copy of the correspondence to the Cortez Journal.

Furse said his office is currently investigating Harper’s alleged misconduct, but he declined to reveal when the probe was launched.

“Deputy Harper’s conduct has been brought to the sheriff’s attention on numerous occasions where after no notable action or consequence followed,” Furse said. “With frequency, Harper’s credibility as a witness has been questioned based on accusations of falsified records, inaccurate reports and conflicting testimony.”

In the 635-word letter, Furse said Harper’s “unconstitutional acts” had forced the dismissal of serious criminal charges against numerous defendants. According to district attorney records, Harper — who is no longer employed by the MCSO — remains as a listed witness in 22 pending criminal cases.

“My office offered to train Deputy Harper and others on legal precedence and constitutional authority related to common situations such as traffic stops, witness questioning, Miranda advisements, home and vehicle searches and entry onto someone’s property,” Furse explained.

“That’s simply untrue,” Spruell responded during a 40-minute interview with the Cortez Journal. “Never have I been talked to about the district attorney’s office offering their assistance, ever,” he emphatically denied.

According to the letter, the training offered by the district attorney was met with both “reluctance and apathy” from the sheriff’s office. The letter further stated that the district attorney also offered constructive criticism as to “specific, prohibited performances” of Deputy Harper.

In response to the letter, Spruell described it as “bizarre” and “unprofessional” for Furse to send the letter to outside agencies, and claimed portions of the letter were “inaccurate,” “inflammatory,” “untrue” and “loaded with improprieties.”

“I think the letter was self-serving,” the sheriff said last week. “I don’t know what’s going on.”

However, during the media interview, Spruell repeatedly claimed that he initially requested a letter from the district attorney regarding Harper’s conduct.

“I’m the one that asked for the letter,” he said. “This has been an issue of mine.”

Furse denied those claims, saying the sheriff never solicited a letter. The letter was sent, Furse said, because he has had a number of cases within the past two to three weeks that had to be dismissed due to Harper’s actions.

“In one case, [Harper] kicked in a door without a warrant,” Furse explained. “His actions have been unconstitutional and unlawful.”

In addition to allegations of “ongoing and historically ignored” problems within the ranks of the Montezuma County Sheriff’s Office, Furse also wrote commending and thanking Sheriff Spruell for his efforts, and cited that a vast majority of his deputies were “virtuous and constitutionally knowledgeable.”

In response to the sheriff’s reactions, Furse said he stands by his correspondence.

“The letter is accurate, truthful and sincere,” he said.

The entire text of the letter can be viewed online at www.cortezjournal.com.

[email protected]

The district attorney’s
letter to the sheriff

July 29, 2013

Sheriff Spruell –

Since my administration’s conception in January 2013, I have noted the vast majority of your Deputies to be virtuous and Constitutionally knowledgeable - - and as District Attorney, I hold many in your administration in high esteem. Similarly, with great courage and public exposure, I have witnessed your strong stance on the preservation of our 2nd Amendment and watched as you accurately preached the perils of federal overreach. Regarding these positions, I personally commend the efforts you’ve demonstrated and thank you for them.

As Sheriff, you have noted the sincerity with which I have expressed my devotion and allegiance to the Constitution. With this commitment at the forefront, I must be direct and describe that my reverence and accolade is not extended to all under your employ. Corresponding with unique exigency, I am obliged to respectfully address what has been an ongoing and historically ignored problem within the ranks of the Montezuma County Sheriff’s Office.

A great deal of communication between our agencies reflects the candidness with which I brought intermittent, unconstitutional actions of particular Deputies to your attention. My administration has spent time and resources attempting to highlight and correct these actions in light of our duty to seek justice and support the Constitution. However, our records show that Deputy Harper has frequently been the subject of this correspondence as it relates to his conduct.

For the last eight months, my administration has offered constructive criticism as to specific, prohibited performances of Deputy Harper. We have articulated the precise imperfections of his actions and requested modifications of his methods. My office has engaged in this way because Deputy Harper’s deeds have had grave consequences to our criminal cases. Detrimentally affecting community safety and undermining the Constitution, Deputy Harper’s acts have forced the dismissal of serious criminal charges against numerous defendants. Two recent examples of Deputy Harper’s unlawful conduct can be noted in matters involving Desirae Benally; two cases ultimately dismissed based on findings of unconstitutional acts.

In response to this continuing predicament, my office has offered trainings to Deputy Harper and other members of your patrol staff with the hope that future cases could be saved from a similar fate. As prosecutors, we truly hoped Deputy Harper was amenable to change notwithstanding his history of demotion and reprimand noted in his Arizona and Colorado personnel files. These good faith offerings of education however have been met with reluctance and apathy. I must admit that I find it surprising to know Deputy Harper has been promoted since January 2013, despite the many sordid actions brought to your attention.

Nevertheless, I acknowledge that I have neither the ability nor desire to impose change within the ranks of your administration. I recognize that I cannot effectuate personnel or philosophical alteration within your office. I similarly identify the incapacity with which I have previously convinced you to make changes regarding Deputy Harper and I arrive at the following course of action only out of necessity.

The 22 Judicial District Attorney’s office is hereby putting relevant parties on notice that it can no longer prosecute cases attributed to Deputy Darrin Harper. My administration can no longer endure the perhaps well intentioned, but nevertheless unlawful actions of Deputy Harper. Deputies within my administration will be instructed to evaluate current caseloads with specific attention paid to those cases containing Deputy Harper’s statements, investigations, and attestations. To the extent these cases can be prosecuted without Deputy Harper’s future involvement, we will do all in our power to preserve them; but be aware that my office will not invite Deputy Harper to the stand to do so.

Your comments and questions are welcome, but will not affect the finality of this difficult decision. I again extol the countless ways your administration continues to protect and serve Montezuma and thank you personally and professionally.

Respectfully,
William Furse, Esq.
District Attorney
Cc: Montezuma County Board of Commissioners; Cortez Police Department; Mancos Marshall’s Office; Colorado State Patrol