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Cortez man freed, acquitted in policeman-stabbing case

Jury: Defendant acted in self-defense

Shane French, 38, walked out of a Montezuma County Courthouse a free man Monday after being found not guilty on all charges in connection to the stabbing of a Cortez police officer.

The jury of seven women and five men cleared French of four counts of assaulting a peace officer and three counts of resisting arrest. Jurors deliberated for about 3½ hours.

“I’m just glad to be free,” said French moments after the verdict was read Monday morning.

Incarcerated for 297 days, French added, “I just want to go home and be with my family.”

Before his release, District Court Judge Todd Plewe instructed Montezuma County deputies to remove an ankle monitor.

“Mr. French, you have been acquitted,” Plewe said. “The case is dismissed.”

The defendant’s mother, Patty French, sobbed uncontrollably as the verdict was read.

“I’m just relieved it’s over,” she said after hugging her son.

Although the criminal case was resolved, Patty French indicated the family may opt to file civil action against the Cortez Police Department.

“I hope something is done with these officers,” she said. “I can’t believe they are still on the force after what they did.”

Prosecutors and public defenders declined to comment after the verdict.

The injury to Cortez police officer Casey Eubanks was a small, less than a quarter-inch, nick on the left side of his stomach. Eubanks told jurors last week that he never saw the weapon before being stabbed, and there was no blood found on the knives in question, a 6-inch fillet knife and a smaller paring knife.

“I felt a sharp burning on my left side,” Eubanks testified.

On the witness stand for nearly two hours, the patrol officer said on direct examination that the injury resulted as he grabbed the suspect in a “bear hug,” “picked him up off his feet” and “threw him face down” onto the ground. He added the suspect was screaming and flailing in an attempt to escape the grasp of officers.

On cross-examination, Eubanks said he initially declined to seek medical attention for the “small laceration” on his left “love handle.” He later drove himself to the emergency room after being advised by a superior officer. The wound was treated with a Band-Aid, Eubanks said from the stand.

Eubanks also said under oath that the suspect didn’t verbally threaten to harm or kill or ever brandish the knives. Eubanks confirmed that officers were the ones who made verbal threats and physically abused the suspect.

Prosecutors’ third and final witness, French’s mother, was also called to the stand. Patty French said she called 911 the night in question with a hope that officers would be able to help “calm her son.”

“He was yelling and screaming at the top of his lungs,” French said.

She also testified that responding officers busted into her home, shoved her blind husband and then tackled her son within seconds.

“The police pounded on the door,” French said. “They pushed on it, and they came rushing in.”

On cross-examination, French further testified that her son suffers from a mental disorder, but he was never violent or made any physical threats. On the witness stand for more than an hour, Patty French said police barged into her home without reason and used excessive force.

Also testifying at trial last week, Cortez police officer Boyd Neagle admitted under oath that he violated the department’s stun-gun policy when arresting French.

The city’s stun-gun policy, in part, requires officers to announce the use of the stun gun before its deployed, document if the compliance-inducing technology was used without a required warning and include a separate two-page stun-gun device form with any arrest or crime report. Neagle admitted that he violated all three conditions.

“I’ve never seen that (device) form,” Neagle testified.

Electrocuting the defendant seven times with a total of 350,000 watts of electricity, Neagle said he gave a verbal warning only once. Records show the defendant was stunned twice within 11 seconds as officers attempted to place him in handcuffs.

“He was not complying,” Neagle said.

Records show that Neagle stunned French five additional times within 2½ minutes after French was in custody while officers patted him down for weapons and contraband.

Public defender Amy R. Smith said last week that her client was “beaten,” “tortured” and “insulted” by six “amped-up” police officers.

Smith further argued that her client’s actions were justified under Colorado’s Make My Day law – that French had the right to protect himself, his at-risk relatives and his home with deadly force – after the officers’ unlawful and unreasonable response to the 911 call.



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