Delta County Independent, March 30, 2016

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NORTH FORK TIMES

SURFACE CREEK NEWS

HONORING A LEGACY Park gazebo named for late musician, Howard Berkman, B1

SPORTS

SCIENCE IN ACTION

Cedaredge Middle School students show a passion for science, C1

DELTA COUNTY

ALL-STATE HONORS

Paonia, Cedaredge, Delta athletes earn spots on prestigious roster, B7 MARCH 30, 2016 VOL. 133, NO. 13

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INDEPENDENT

www.deltacountyindependent.com

Stolen antlers recovered BY PAT SUNDERLAND Managing Editor

Thanks to a tip from a hornbuying business in Grand Junction, and subsequent followup by the Mesa County Sheriff ’s Office, investigators from the Delta County Sheriff ’s Office were quickly able to solve a theft from a taxidermy business in Paonia. On March 23, at about 9 a.m., the sheriff ’s office was notified of a burglary at 530 Grand Avenue in Paonia. The reporting party, Robert Stephenson, advised his taxidermy business had been broken into during the night, and an unknown person(s) had stolen approximately $595,840.00 worth of large trophy elk and deer antlers and exotic horns. “Apparently they broke into the shop and were able to load up all the antlers and other associated equipment,” said Undersheriff Mark Taylor. “They left from there and

contacted a horn-buying business in Grand Junction.” The business purchased some of the antlers, issuing a check for around $1,200, but the number and size of the trophy horns offered by two young men raised suspicions. The Mesa County Sheriff ’s Office was contacted. A sheriff ’s deputy reached out to Sgt. Detective Luke Fedler, who had already visited the crime scene in Paonia. An employee of the business was able to get a good description, along with other valuable identifying information on the individuals attempting to sell the horns. That information was given to Delta County investigators Fedler, Quinn Archibeque, Chris Stewart and Jason Warth. Working until the early morning hours of March 24, they were able to take that information and make contact with two individuals identified as Zachery

Boutwell, 20, of Olathe and Joseph Edward Brown, 21, of Montrose. Joseph Brown was arrested and charged with second degree burglary, a class 4 felony; theft ($100,000 to less than $1,000,000), a class 3 felony; and criminal mischief ($300 to less than $750, a class 2 misdemeanor. He is being held in Delta County Jail. Criminal charges will be filed against Zachery Boutwell at a later date. He has not been arrested. Ultimately, Undersheriff Taylor said, investigators were able to recover about 75 percent of the stolen items. They continue to attempt to locate the remaining antlers and equipment. Taylor said elk horns can fetch $10 a pound. The stolen horns were from elk raised on a ranch, so were larger than what might be found in the wild.

Delta County Sheriff’s Office photo

Recovered antlers

‘Multiple use’ change worries county BY HANK LOHMEYER Staff Writer

The Board of County Commissioners has asked the Bureau of Land Management to extend the time for making comments on a proposed national rule change that would affect the agency’s definition of “multiple use.” The commissioners approved a letter to Neil Kornze, BLM director, asking for a 120-day extension for comments on the BLM’s draft planning rule. The original deadline for comments was April 25. The concept and policy of multiple use on public lands is the cornerstone of the current board of commissioners’ position on public lands issues. The concept of multiple use is seen as a necessary protection for economic use of public lands which comprise almost 60 percent of the county land area. Under federal agency management regimens (BLM and Forest Service), the economic value of those lands to the people of the county are key to the county’s overall economic health. The BoCC’s letter to Kornze states, “The importance of any policy used to plan for the management of our nation’s public lands and to determine present and future use is not something that should only have a 60-day window for comment. Additional time for substantive comments is clearly warranted given the intrinsic and economic value of our natural resources, and the social and economic impacts that agency actions have on our counties.” The commissioners’ official position is that with over half of Delta County in federally managed public lands, multiple use access to those lands, including agriculture, minerals exploration and development, recreation and tourism,

INDEX

Accent ........................... A4 Activities ....................... A7 Agriculture .....................B5 Back Page ................... D6 Business ........................ A8 Church ............................C6 Classifieds .................. D1-2 Editorial ......................... A2 Legals ......................... D3-4 North Fork Times ........B1-4 Obituaries ..................... A6 School Zone .................. A5 Service Directory ........ D5 Sports ..........................B6-8 Surface Creek News ...C1-5 TV Listings ..................C3-4

is critical to the county’s economic health. Barb Sharrow, BLM field office manager in Montrose, said the proposed rule is a national planning rule in draft form. She told the DCI that a webinar on the proposed rule change was presented to the National Association of Counties recently. She said that presentation drew significant response and will almost certainly tag the proposed change for review. The commissioners’ letter to Kornze went on to state, “The far-reaching regulatory, societal, ecological and economic implication of changing this [multiple use] definition requires absolute due diligence that should not be metered by inadequate time for consideration.” The guiding document for the BLM administration of public lands is the Federal Land Policy and Management Act of 1976. That document defines multiple use as follows: “The term ‘multiple use’ means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and non-renewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural

scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output.” • In a separate item of business on March 21, the

commissioners put some strict conditions to its approval for historic designation of a section of the Old Spanish Trail as a Delta County Historic Landmark. The commissioners’ agreement to designate a 4.5-mile long section of the historic trail must meet the following conditions: 1) It must have no impact on grazing permits in the same vicinity; 2) There must be some kind of recognition of the trail’s

historic reason for existence which was for driving livestock. According to Chris Miller of the Interpretative Association of Western Colorado, the trail route is believed to be in the vicinity of Fools Hill on public lands administered by the Bureau of Land Management. The segment is known as the “Old Spanish Trail – North Branch,” and was constructed sometime between 1825 and 1845.

Delta Police Department, city named in civil suit BY PAT SUNDERLAND Managing Editor

A civil suit has been filed against the City of Delta and the Delta Police Department, alleging the city has a policy and practice of permitting automobiles to be seized and sold and benefitting from their sale without proper procedure. The suit was filed by Grand Junction residents Sosha Trujillo and her mother, Terrie Johnson, who claim their 2004 Jaguar automobile was improperly impounded and subsequently sold. Named as defendants are DPD officers Robert Thomas (former chief), Rdean Young and Jesse Cox. According to the suit, Officer Rdean Young cited Trujillo for driving under revocation during a traffic stop on April 1, 2015. The red Jaguar she was driving was not registered and displayed a temporary license plate in the rear window. The temporary plate had allegedly been stolen, but the 2004 Jaguar had not been reported as stolen. Officer Young arranged for the vehicle to be towed

and held, with conditions of release listed as “proof of ownership” and “registration.” Johnson was able to produce a bill of sale from a salvage company, but Chief Thomas advised the bill of sale was insufficient proof of ownership. So Johnson arranged for a VIN inspection with the Colorado State Patrol. The CSP declined to come to the impound lot for that purpose. According to court documents, Chief Thomas advised her that she had been told what was needed and that the car would be sold at auction shortly. Johnson sought relief through Delta County Court on May 13, but her request was denied on procedural grounds and on May 15, the Jaguar “was then sold or given to another party.” On Aug. 3, Trujillo filed a motion for the return of her car, and the motion was granted. But by then, the car was no longer available to return to Trujillo. Officer Jesse Cox had purportedly sent notice to the last registered owner of the Jag-

Crawford, Sweitzer boat ramps open

Crawford State Park and Sweitzer Lake State Park, two of western Colorado’s favorite reservoirs, open April 2. Crawford Reservoir is now 85 percent full and will continue to fill throughout the spring runoff. Crappie fishing has been very good, and northern pike are actively feeding. Sweitzer State Park is located south of Delta just off Highway 50. At both reservoirs the aquatic nuisance species inspection station will be open from 8 a.m. to 4 p.m.; on May 10 inspection hours change to 8 a.m. to 8 p.m. Boaters must be sure that their boats are clean, drained and dried before going to the ANS station. Boaters with a seal are responsible for presenting their receipt. Boat owners are also reminded to be sure their registration is current; new registration for 2016 is required after March 31. A 2016 fishing license is required on April 1. Boaters must carry the proper number of Coast Guard-approved life jackets and a noise-signal device. Water temperatures in most Colorado reservoirs will remain very cold well into June, so CPW recommends that you wear your life jacket whenever you’re on the water.

uar, although he was aware that Trujillo and Johnson had an interest in the car. “Defendants’ practice and policy of seizing, selling and profiting from plaintiffs’ property where the property was not evidence of a crime, stolen, presented a traffic hazard or abandoned violates the plaintiffs’ property interests protected under the Fifth and Fourteenth Amendments to the Constitution,” the suit alleges. Specifically, court documents state, Officer Young seized the Jaguar “without consent, without a warrant, without probable cause and without any legal justification whatsoever.” The charges against Trujillo were dismissed in county court. The plaintiffs, represented by Dan Shaffer, are seeking compensatory and punitive damages in U.S. District Court. The case has been assigned to Magistrate Judge Gordon Gallagher, and a scheduling conference was set for May 10 in Grand Junction.

Election Day is April 5 The municipal elections being conducted countywide are winding down. All active registered voters living within the City of Delta and the towns of Cedaredge, Orchard City, Hotchkiss, Paonia and Crawford should have received ballots. They may be returned to the voter service and polling center locations at the Delta County Courthouse or, beginning April 1, at the North Fork Annex. A 24-hour dropoff box is located in front of both the courthouse and the North Fork Annex. On Election Day only, ballots may also be left at the Paonia Town Hall, Cedaredge Town Hall and Crawford Town Hall. Visit the Delta County Independent’s Facebook page for election results.


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