Litigation - The Durango Herald

Rep. Boebert’s threats to sue opposition group’s donors likely improper, judge says

Court sides with Colorado congresswoman on dismissal of defamation claim

DATE: Jun 11, 2024 | CATEGORY: Regional News

Colorado Supreme Court poked a hole in ski resorts’ liability protections. What’s next?

Companies hinted they may need to get rid of recreational options for children

DATE: Jun 3, 2024 | CATEGORY: Regional News

Ski area liability waivers aren’t foolproof, Colorado Supreme Court rules

Case involves a then-16-year-old girl who was paralyzed in 2022

DATE: May 21, 2024 | CATEGORY: Regional News

Colorado environmental groups threaten to sue EPA for failing to crack down on oil and gas permits

Notice of suit says federal agency should act after state regulators missed deadline

DATE: May 14, 2024 | CATEGORY: Regional News

A rare win after nearly 40 years for Texas investors planning Wolf Creek Village

Appeals court threw out previous rulings and affirmed approval of a road accessing inholding

DATE: May 6, 2024 | CATEGORY: Local News

Colorado appeals court rules in favor of Durango resident in open records case

Attorney says municipalities need ‘legislative clarity’ on what’s exempt from CORA requests

DATE: Apr 10, 2024 | CATEGORY: Local News

Frontier Airlines customers accuse company of ‘hidden’ bag fees

Class action lawsuit says carrier charges for personal items that are advertised as being free

DATE: Jul 20, 2023 | CATEGORY: Business

Two Colorado House Democrats sue their caucus, Republicans alleging open meetings violations

Legal action is a rare intraparty spat spilling into public view and the courts

DATE: Jul 10, 2023 | CATEGORY: Regional News

Lauren Boebert sued for defamation in federal court by activist

Colorado lawsuit, filed by David Wheeler of American Muckrakers PAC, cites state’s anti-SLAPP statute

DATE: Jun 9, 2023 | CATEGORY: Regional News

Federal lawsuit challenges Colorado’s ‘bubble’ law

State becoming a legal battleground over abortion rights

DATE: Jun 6, 2023 | CATEGORY: Regional News

Colorado Supreme Court ends fisherman’s right-to-wade argument

Roger Hill sued, arguing a riverbed is public property open for wading anglers

DATE: Jun 5, 2023 | CATEGORY: Regional News

Amazon delivery drivers in Colorado peed in bottles, pooped in bags to keep jobs, lawsuit says

Plaintiffs allege company’s breakneck work pace prevents workers from taking breaks

DATE: May 25, 2023 | CATEGORY: Regional News

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Photos/video: Scrambling for eggs

Photos: A very welcome spring stormA spring storm Tuesday and Wednesday brought 1 to 2 feet of snow to the San Juan Mountains, including about 17 inches in Silverton, 19 inches at Wolf Creek Pass and 11 inches in Telluride. Meanwhile, the moisture arrived in the form of rain in lower elevations such as Durango, which received more than eight-tenths of an inch of precipitation.

A spring storm Tuesday and Wednesday brought 1 to 2 feet of snow to the San Juan Mountains, includin...

Third No Kings protest in Durango draws thousandsEstimated 3,200 protesters march down Main Avenue

Calls for love and solidarity rebounded through Buckley Park on Saturday afternoon where several thousand protesters gathered for a third No Kings march and rally.The protest, as with previous No Kings events, was held in more than 1,000 towns and cities across the country on Saturday in a movement of defiance against President Donald Trump and his administration.The march began with a rally at Buckley Park and went down Main Avenue to Fifth Street. Organizers said they had all the proper permits in place to close Main Avenue. They limited speakers to half an hour, noting they had a tight timeline to demonstrate in compliance with permits.National No Kings organizers expected the nationwide protests to draw about 9 million people across the country on Saturday, KPTV reported. The last No Kings event in October had an estimated 7 million attendees, and the first No Kings protest in June had about 5 million participants.The Durango Herald estimated 3,200 or more protesters attended the march in Durango on Saturday.

Officers from Durango Police Department were on scene to monitor event and escort the march. Barricades were placed at 13th and 14th streets bordering Buckley Park to keep vehicle traffic out of the staging area.Hecklers appeared to be few and far between. The Herald observed one man riding a bicycle and aggressively shouting “Democracy in action.”A group of teenagers on the 1200 block of Main Avenue watched protesters march by. The Herald observed a teenage girl say to a boy, “Dare me to yell ‘I support Trump?’”One protester passed masks out to participants in Buckley Park, noting a police camera tower placed in the grass near the southwest end of the park.Several speakers rallied the crowd before it marched up Main Avenue.Buckley Park was sparsely populated as of 1 p.m. But over the course of about 30 minutes, hundreds of attendees from the greater Durango area made their way onto the grass, many carrying signs expressing their displeasure with the current administration or demanding accountability.

“Turn the files into trials,” “Make corruption criminal again” and “No kings, no ICE, no liars, no ballrooms, no wars” were just some of the messages displayed on protesters’ signs.The Iran war, the Epstein files and U.S. Immigration and Customs Enforcement were common grievances with the Trump administration. However, solidarity and community were on protesters’ minds as well.

“It’s just so great to see everybody coming together over a common cause,” said Durango resident Zoey Wisler.She said the protest on Saturday was her first No Kings event and the vibes were “fire” and “immaculate” because she felt welcome and a part of something.“We all have our differences, but at the end of the day we are all human beings,” she said.Durango resident Craig Himmelmann said Congress isn’t doing the job the framers of the U.S. Constitution intended.“They’ve laid down,” he said. “The DOJ (U.S. Department of Justice) is being used against the American people. I don’t see a lot we can do other than this – peaceful demonstrations that will grow and grow and grow, and eventually, our legislators need to wake up and do their jobs or get out.”He said he is optimistic about getting new congresspeople into power through the November midterm elections. The only thing that gives him pause is if the Trump administration were to attempt to suspend elections because of the conflict with Iran.“We were in Vietnam and Afghanistan and no postponement of elections ever took place,” he said. “The elections better not be postponed because there’s no precedent for that, and that’s what I’m concerned about.”

Durango resident Jim Fuge chimed in, saying the United States has never postponed elections because of any conflict – including the American Civil War.Trump has entertained the idea of delaying or canceling elections before, including in a 30-minute interview with Reuters on Jan. 14.“When you think of it, we shouldn't even have an election,” Trump said, according to Reuters.Reuters reported Trump made the comment in the context of his administration’s success – that he is doing so well, midterm elections aren’t necessary.

Fuge said he was concentrated on “unity, energy and understanding you have to fight” on Saturday. “This doesn’t happen by accident. People aren’t here just because they have nothing better to do.”He noted how quickly Buckley Park was filling with people in the span of five to 10 minutes. He said No Kings is about speaking up and voicing one’s concerns. He said he has talked to Trump supporters who are upset about the Iran war – and he would welcome them to attend a No Kings event to voice their thoughts.ADDEDAccording to reporting by Axios, Trump has called the conflict with Iran “a little excursion,” “major combat operations,” a “war” that “has been won” and “both” an excursion and a war.END

One protester from Aztec, who declined to provide their name because they work in the public sector, said Trump lied about lowering gas prices, fixing the economy and releasing the Epstein files.“He was giving his speeches and he made all these promises, and they’ve mostly turned out to be lies,” they said.cburney@durangoherald.com

Estimated 3,200 protesters march down Main Avenue

Bayfield High School students win big in robotics, animatronicsSelf-designed projects catch attention among competitors’ kit-made creations at state championship

Bayfield High School students took home big wins last month at the Denver Technology Student Association State Championships. Eight students from BHS brought back team wins, including first and second place in the robotics category, first place in animatronics and a top-five finish in System Control – three of more than 35 technology-related categories students could enter in the competition. The Bayfield Technology Student Association – or TSA – chapter was also awarded a Gold Chapter of Excellence Award. “We are extremely proud of these kids,” said Brian McDonagh, an engineering instructor and TSA adviser. TSA is “a national nonprofit career and technical student organization of middle and high school students engaged in science, technology, engineering, and mathematics,” according to the nonprofit’s website. The organization focuses on supplying on-the-ground experiences to students to prepare them for careers in the STEM and tech fields. The Bayfield School District has been involved with TSA for X years. Around X number of students from schools across Colorado competed at State. More than 1,500 students competed at State, McDonagh said. What set Bayfield apart from its competitors, he said, was the students’ made-from-scratch designs. Many competitors used premade VEX Robotics kits for their creations, McDonagh said, whereas his students designed, 3D printed and assembled every piece of their projects from the ground up.

“Ninety-nine percent of every other schools, they buy a kit and they assemble the kit, kind of like Legos,” he said. “... And our kids, they design it completely from scratch and customize everything, and they just dominate.” Seniors Reese Appenzeller, Parker Perkerewicz and Wyatt Hefner took home first place in robotics for their remote controlled vehicle named RAM ROD, which the team has been working on and improving for around two years. RAM ROD won second at last years’ State competition.

Seniors Kylynd Parrish and Tyler Berry and juniors Julian Polanco and Taj Houpt also entered a remote-controlled vehicle in this years’ competition and took home second place. The robotic vehicles had to prove they were hardy and well-programmed by navigating a complex course filled with obstacles and tasks. Two students, each holding a remote, had to work together to dual-operate one robot. The robots were carefully designed by the students to navigate the course smoothly and effectively, McDonagh said, and practice routes were set up in the classroom before the group headed to Denver for the competition. “Every element of the robot – for example, the drivetrain, the gears, the material used for the wheels – they’ve all been designed and carefully chosen,” he said. “And (the students have) iterated on their designs multiple times to get the most effective design.” Kylynd, Tyler, Julian and Taj, along with classmate Riley Murphy, were also behind the school’s first place animatronics creation – a scale model theater depicting the 1969 Apollo 11 moon landing.

The small theater featured self-parting curtains, a moving astronaut floating through ‘space’ and a spacecraft that gently came to rest on the surface of the faux moon. Audio of Neil Armstrong’s famous quote – “That’s one small step for man, one giant leap for mankind” – was programmed into the theater and played over the scene. Like the process for making the robots, each step of designing, assembling and programming the scene was done from scratch by the students. The project took several months to complete, the team said, and involved a fair share of complications, setbacks, trial and error, and sleepless nights. The animatronic required last-minute adjustments right up until the day of competition, the team said. “It took a lot of failure and redesign – a bunch of iterations – to finally get to our final product,” Taj said. “… With the stage design, the one you see right now, it used to be half the size, but to account for the hydraulics, we had to double the size.” . And originally, it was going to be a movie stage, kind of making fun of the idea that the moon landing was fake – the conspiracy – but since we doubled the size, we actually made it based off the NASA Vehicle Assembly building.” The animatronic creation wasn’t the only project that saw failures as well as wins leading up to State, McDonagh said. “They have built (these projects) several times, stress-tested various elements of systems. … They’ve blown things up by accident, through trial and error, and learning the hard way about voltages, and the importance of using the right voltages,” he said. In addition to catching the attention of State judges, the students’ made-from-scratch designs helped cultivate an inside-out understanding of what was being built, and what needed to be changed and adapted when issues arose, Wyatt said.

“(At Bayfield,) we have that drive of, ‘It’s better if you do it yourself,’” he said. “Everything we did in-house. The motors on here, it was me who soldered these all together. … I think that’s why we’re so successful, is because we know the insides and outs of our robot. We have that drive to make everything better.” Bayfield’s TSA students said the win proved that students from small, rural schools can be just as successful as those from bigger, more metropolitan districts. “All these other schools in the Denver area that have ‘STEM’ or ‘Tech’ in their names (competed), and we single-handedly got first and second podium,” Kylynd said. “We can compete, you know? We’re just as good as all these other schools with ‘STEM’ (in their name,) if not better.”Wyatt agreed. “ (At State) they saw what we're doing here at Bayfield,” he said. “We're a school with 400 kids, right – and then we go and just pump out that success. Especially in robotics, that's something that you wouldn't quite (expect), especially against 5A schools.” Students from the Bayfield and Durango school districts competed in the TSA regionals in Durango in January. The Bayfield state champs will be going to the national competition in Washington in June. Fresh off their wins, Kylynd, Tyler, Julian, Taj, Riley, Wyatt and Reese are already looking forward to how they can improve their creations for Nationals.

Improving the strength of the remote-controlled robots and working on making the animatronic creation look more lifelike are on the to-do list before June, Taj said; but the group is also taking time to celebrate their accomplishments and express gratitude for the mentors and faculty – like McDonagh, Principal Jason Wayman and Vice Principal Andy Duffy – who helped them achieve their wins. “(We’re) so proud, and we’re extremely thankful for the people that have helped us,” he said. epond@durangoherald.com

Self-designed projects catch attention among competitors’ kit-made creations at state championship

Photos: Demons track and field hosts Durango Dust Off meet to begin season

Photos: FLC men’s basketball wins RMAC playoff game against Adams State

Body camera footage released in fatal officer-involved shooting north of DurangoNew Mexico man holding bat and ax handle ran at deputy, video shows

Body camera footage from a November officer-involved shooting on U.S. Highway 550 north of Durango has been released by the La Plata County Sheriff’s Office.The footage shows Ernest Marlin Pino III, 31, of New Mexico, running toward La Plata County Sheriff’s Deputy Dillon Irwin while holding two wooden objects seconds before the deputy fired five shots at Pino. The objects Pino was holding were a baseball bat and an ax handle, according to reports from law enforcement and a decision letter from District Attorney Sean Murray.Pino suffered injuries to his heart, left lung, esophagus, stomach, small intestine, right iliopsoas, ribs and vertebrae, according to an autopsy report from the La Plata County Coroner’s Office. He was pronounced dead at the scene.After reviewing the evidence – including body camera footage, witness statements and law enforcement reports – District Attorney Sean Murray determined the deputy would not face criminal charges.“Having reviewed the facts and evidence in this case, my office concludes that a reasonable person, confronted with the same facts and circumstances, would believe that it was necessary to use deadly physical force to defend himself or the other persons present from Mr. Pino,” Murray wrote in the decision letter.The shooting occurred at about 2:50 p.m. Nov. 4 in the 28000 block of U.S. Highway 550, about 2 miles north of city limits. Officers were responding to a domestic violence call, according to scanner traffic and statements from law enforcement.Pino was reportedly driving a car “erratically” while hitting his fiancee before the shooting. She was calling for help out the window, according to the decision letter. In the video, Irwin, with his gun drawn, repeatedly orders Pino to drop the weapons while yelling at Pino’s fiancee to come to his side.“I ain’t droppin (expletive),” Pino repeats several times.As Pino’s fiancee starts moving toward the officer with her hands up, Pino begins running toward Irwin and his fiancee with the two wooden objects in his hands. Pino takes five running steps toward the officer and his fiancee while holding the weapons before Irwin shouts, “Get down, get down.” Pino continues running, taking four more steps before Irwin fires his gun, immediately sending Pino to the ground. About 17 seconds elapse between the moment Irwin exits his patrol vehicle and the moment he fires his gun. Durango Police Department officer Kaden Taulli simultaneously fired his Taser at Pino, according to the DA decision letter. A Durango Police Department spokesperson told The Durango Herald that Taulli deployed three probes from his Taser at Pino, which delivered one shock.The moment Taulli deployed his Taser is not visible in the footage recorded by Irwin’s body camera.A resident at the scene reported seeing a person in a white shirt who she believed was Pino waving his arms with nothing in his hands before shots were fired.Pino’s fiancee is wearing a light-colored shirt in the video while running toward Irwin with her hands up – which were empty – just before Pino was shot, which may have contributed to witness confusion and differing accounts of what occurred.The video was partially redacted by the Sheriff’s Office, with Pino’s body blurred after shots are fired. The moments leading up to the shooting, and the moment Irwin fired his gun five times at Pino, were released unredacted. The Herald removed an intermediary section of the video that depicts sensitive footage of Pino’s fiancee.Irwin and several other law enforcement officers attempted to treat Pino’s bullet wounds about two minutes after he was shot and began administering CPR about six minutes after shots were fired.

“Chest seals are utilized to maintain pressure inside the chest cavity, helping with proper circulation during chest compressions,” said Chris Burke, La Plata County Sheriff’s Office spokesman, to the Herald in an email. “Deputies are taught to render first-aid once the scene is safe to do so,” he said. Irwin was initially put in handcuffs before officers began patching his wounds, but the cuffs were removed just before CPR began.An ambulance arrived about nine and a half minutes after Pino was shot.

Coughing and wheezing could be heard several times as officers worked on Pino, but the blurred redaction made it difficult to determine whether the sounds were coming from Pino or an officer.An automated external defibrillator was applied to Pino shortly after CPR began, but an electronic voice from the device could be heard saying, “Evaluating heart rhythm … No shock advised.”Based on the footage, CPR was performed for nearly four minutes before the ambulance arrived and for at least five minutes after it arrived.According to an autopsy report from the La Plata County Coroner’s Office, Pino had a blood-alcohol level of 0.229 at the time of his death – nearly three times the legal driving limit – and tested “presumptively positive” on blood and urine cannabis tests, according to the report.According to a police interview with Pino’s fiancee, he was on probation for an assault case in New Mexico at the time of the shooting and had previously been diagnosed with post-traumatic stress disorder, schizophrenia and manic depression. He did not take medication for his conditions, she said, and instead “self-medicated” with alcohol.“In the previous months our community witnessed three separate domestic violence incidents resulting in death, this case is one of them,” Burke wrote in his email to the Herald. “If you or someone you know is experiencing domestic violence please report it to local law enforcement. Domestic Violence is not an isolated incident, the abuse can occur for months or even years. The earlier the violence is reported, the sooner we can help victims and families with the resources and the work to help keep them safe.” epond@durangoherald.com

New Mexico man holding bat and ax handle ran at deputy, video shows

Photos/video: Silverton Skijoring

Photos: Durango High School home boys and girls basketball games Both Demons squads lost to Fruita Monument on Friday

Both Demons squads lost to Fruita Monument on Friday

KOB 4 interviews mogul skier, his father and first coach

Rep. Boebert’s threats to sue opposition group’s donors likely improper, judge says

Colorado Supreme Court poked a hole in ski resorts’ liability protections. What’s next?

Ski area liability waivers aren’t foolproof, Colorado Supreme Court rules

Colorado environmental groups threaten to sue EPA for failing to crack down on oil and gas permits

A rare win after nearly 40 years for Texas investors planning Wolf Creek Village

Colorado appeals court rules in favor of Durango resident in open records case

Frontier Airlines customers accuse company of ‘hidden’ bag fees

Two Colorado House Democrats sue their caucus, Republicans alleging open meetings violations

Lauren Boebert sued for defamation in federal court by activist

Federal lawsuit challenges Colorado’s ‘bubble’ law

Colorado Supreme Court ends fisherman’s right-to-wade argument

Amazon delivery drivers in Colorado peed in bottles, pooped in bags to keep jobs, lawsuit says

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