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Liberia through a soldier’s eyes Army Specialist recounts Ebola response efforts
WITNESS MEMORY
BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER
Rhodes, with John Wixsted, an experimental psychologist from the University of Southern California San Diego, was in Montrose last week for a symposium of area law enforcement agen-
When the world took notice of the medical and humanitarian crises in West Africa wrought by the Ebola virus, the 101st Airborne responded. The division headed up Operation United Assistance for the Joint Forces Command, leading response efforts in hard-hit Liberia. Units working with the 101st performed logistical and construction tasks to support the building of Ebola treatment units, or ETUs, in Liberia, per a Department of Defense article. Fabian Hightower knows the mission well. The Olathe resident and U.S. Army Specialist is based out of Fort Hood, Texas, and was part of the Army battalion that spent months building the ETUs. Hightower was among the soldiers whose job was support and to ensure timely arrival of building materials. “We had some units that were putting up the ETUs. We were there to make sure they were up,” Hightower recounted Wednesday, one day before his to return to Fort Hood. Hightower, the son of Aaron Hightower and Ann Rivera, joined the Army in 2012. He spent three months in Liberia between November last year and January, supporting the mission. He then was placed in quarantine for 21 days, as part of U.S. precautions. “We weren’t near the Ebola patients. We basically saw how the country of Liberia lived, how they worked,” Hightower recounted. “It wasn’t like here in the States. It was mud walls, palm tree leaves for roofing.” Contact with citizens was severely restricted because of the outbreak, he said. “We couldn’t eat the food. We couldn’t drink the water.” He and the other soldiers dined on meals ready to eat, or MREs, until
SEE EYE, PAGE A11
SEE EBOLA, PAGE A11
Eyewitness ID is getting more attention as memory science fields grow. The state and local agencies alike are trying to improve practices used when the police ask: What did you see? PHOTO COURTESY OF METRO CREATIVE CONNECTION
P
By Katharhynn Heidelberg | Daily Press Senior Writer
icture just about any TV crime drama: The witness is led into a room, picks the perpetrator from either a lineup or stack of photos, and the case is solved. • Real life, of course, is not that simple. But as for the growing perception that eyewitness testimony is almost inherently inaccurate — it’s not that simple, either.
“Based on research, it appears that stress makes memory less accurate, but it depends on how you perceive the stress,” said Matthew Rhodes, an associate professor in cognitive psychology from Colorado State University, who specializes in human memory. Rhodes told of an experiment that fitted people with heart monitors before sending them into a London dungeon exhibit. During the experiment, an actor made up to look menacing suddenly in-
teracted with the subjects, who upon exiting the exhibit were asked to describe the person and select him from a lineup. Among those whose heart rate spiked — the “high-anxiety” sort — there was far less accuracy than from those whose heart rate barely blipped, or remained steady — the low-anxiety people. “If you are low-anxiety, you are excellent at picking out the person you interacted with. If you are high-anxiety, you are terrible,” Rhodes said. Perception of stress, even among individuals experiencing the same situation, affects memory. “Imagine grocery shopping and someone comes in with a weapon. I would probably be pretty scared. Whereas, someone who is trained in law enforcement … probably would not experience it as terrifying,” Rhodes said.
Memory and the law
Thousands attend Montrose Rod & Gun Club’s gun show BY ALAN LEWIS GERSTENECKER DAILY PRESS NEWS EDITOR
The Second Amendment to the Constitution is alive and well, thank you. By the time the last rifle is zipped into a case and the last trigger lock is added to the final handgun sometime after 2 p.m. today, more than 2,000 people will have come through the doors of Friendship Hall, bought, traded from and perused the 162 booths at the semi-annual Montrose Rod & Gun Club’s Gun Show. “Oh, it’s big, and it gets bigger every year,” said Dick Frantz, who organizes the show for the the rod and gun club. “This show has been around forever, probably for the last 30 or 40 years here. These are good people. The gun show is a meeting place for gun people to come and see what’s new and for others to make an offer. We are prob-
ably seeing as many trades of guns as they are making purchases.” All of the dealing is protected by the Second Amendment, which guarantees “a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” “It comes down to basic freedoms,” said Frantz, owner of Colorado West Tool, Sports & Pawn. Frantz has been working the show for the last 16 years and managing it most of that time. And, he admits, he’s seen times change. “Now, more than ever, women are buying guns,” Frantz said. “It used to be we’d have one or two women come in and buy a gun. Now, I’ll bet half of our gun purchases are women. And, the gun industry is recognizing that. You see pink and
lavender guns. All the main manufacturers are targeting guns for women.” On Saturday, which figured to be the day to draw the most crowds, there was so much more than just guns and sporting arms. There were antique guns. There were leather and Kevlar holsters, knives of every imaginable shape, size, color and material. There were pearl-handled knives. There were antler bone-handled knives. There were rifle and pistol scopes, handgun grips, rifle and shotgun slings; there were as many kinds of gun cases as there were guns, binoculars, sighting scopes, brass, reloading supplies, gun safes, and concealed-carry purses and bags. There were also game mounts and antler bone exhibits. “We really have so much to offer,” Frantz said. Jim Furst of Montrose
INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Tom Morris of Olathe
CALENDAR . . . . . . . . . A2 LOCAL . . . .A3-4, A6-7, A11 OPINION . . . . . . . . . . . A5 TV LISTINGS . . . . . . .A6-7 SPORTS. . . . . . . . . . .A8-9 COMICS. . . . . . . . . . . .A10 WEATHER . . . . . . . . . .A11
STATE . . . . . . . . . . . . A12 FOCUS. . . . . . . . . . . .B1-2 COMMUNITY. . . . . . .B3-4 CLASSIFIEDS . . . . . .C1-4 COMICS. . . . . . . . . . .D1-4
Sports:
Montrose soccer faces off with Cortez Page A8
was touring the booths as he strolled the aisles from his wheelchair. A Vietnam War veteran — DaNang in 1968 and ’69 — Furst said he’s been coming to the show as long as he can remember. “It’s been going on here forever,” said Furst, proudly sporting a Vietnam War veteran’s hat. “I’ve been collecting and trading guns since 1984, although I no longer have (a federal firearms) license anymore. Gun shows are part of American history, to bear and keep arms, you know. It’s our right.” Mark J. Rackay, of Montrose, was one of the many booth proprietors. Rackay is a volunteer member of the Montrose County Sheriff ’s Posse, the group that assists the Sheriff ’s Department with everything from ice rescue and wildland firefighting SEE SHOW, PAGE A3
TODAY’S WEATHER Today, mostly sunny. Highs in the 60s. West winds 10 to 15 mph in the afternoon. Tonight, Partly cloudy. Lows in the 30s. South winds 10 to 15 mph. See details, A11
ALAN LEWIS GERSTENECKER/DAILY PRESS
Mark Rackay, left, accepts payment from Mike Moreland of Montrose for knives he purchased during the Montrose Rod & Gun Club Gun Show on Saturday at Friendship Hall. MONTROSE DAILY PRESS 3684 N. TOWNSEND MONTROSE, CO 81401 HOURS: MONDAY-SUNDAY 8 A.M. - 5 P.M. TEL: 970-249-3444 FAX: 970-249-3331
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Ebola: Hightower said his unit was more scared of malaria than Ebola
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Rain And Storms Continue In The South Showers and thunderstorms will continue along a frontal boundary along the Gulf Coast. A few snow showers will move through the Upper Midwest. Clouds and showers will move into much of the West. Weather Underground • AP
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Fabian Hightower visits a kindergarten class in Olathe.
was to his younger brother Chazz Miller’s school. Hightower was the Olathe kindergartener’s showand-tell exhibit. He talked about Liberia and his earlier deployment to Afghanistan. “I experienced how they lived and worked. I say, go out for the military if you want to experience new things,” Hightower said. “I got to see some parts of the world, get trained, and certified in medical (work).” Major Gen. Gary J. Volesky, in a Feb. 27 DoD article, praised the
Courtesy photo
work of those in the Joint Forces Command. “Throughout our operation, most discussion has centered on capabilities or technology we used to build infrastructure, or to move supplies,” he told Sgt. 1st Class Nathan Hoskins, who wrote the article. “But it is the people who matter, not the equipment or technology we use. People have the ingenuity to solve wicked, hard problems, and have the determination to see solutions through.”
Eye: Correlation seen between confidence, accuracy from page A1
National forecast
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mess halls were established, with food from the U.S. They drank bottled water. The Ebola virus struck down thousands in Liberia and Africa, and made its way to the U.S. when an infected man came to the country. Thomas Duncan and, later, Dr. Martin Salia, were the only U.S. fatalities; both had become infected while in Africa. A handful of other health care workers contracted the virus, either while treating the U.S. Ebola patients, or while working in the countries where it was spreading. Ebola wasn’t the primary concern for Hightower’s unit, he said. “The main thing we were scared about was malaria. We were taking pills for it. We were monitored two to three times a day,” Hightower said. When in quarantine, he did not experience privations, he added. “It wasn’t bad. The controlled monitoring area was there to make sure we didn’t bring anything back from Liberia,” Hightower said. “I felt glad. We got to go there and help out. I enjoyed it,” he said of his service in Liberia. “ … It makes me appreciate we live in this sort of area, that we don’t have to work so hard for food, shelter and clothing. Some parts of Liberia looked tough,” Hightower said. One of his stops upon return
cies and prosecutors who are improving the practices associated with eyewitness identifications. “Eyewitnesses are actually incredibly good at identifying people. That’s the gist of it. What’s happening is, we in law enforcement don’t know how to go about helping them properly identify people,” District Attorney Dan Hotsenpiller said. The most compelling demonstration: exonerations of the wrongfully convicted, of which an excess of 70 percent have involved incorrect witness IDs, he said. But for many of those cases, the witness was telling law enforcement he or she was unsure, Hotsenpiller said. “That means they were telling law enforcement ‘I might be making a mistake,’” he said. Interrogating agencies need to know how to listen; when a witness’ statement demands more corroboration, or whether the witness is simply inaccurate. The best practices recommended by the Colorado District Attorneys Council, of which Hotsenpiller is president, are the “Core Four:” Blind administration of the lineup or photos, proper filer composition, instructions to the witness, and an on-thespot statement as to how confident the witness is. Before the Core Four was developed, Hotsenpiller issued a memo for the 7th Judicial District in 2011 that included blind administration and scoring of confidence. An updated memo went out in November, as the result of best-practices meetings the DA attended. “We’ve been addressing this since 2011,” he said. Ideally, the person administering the lineup should have no idea who the suspect is — blind administration. “As humans, we are so good with nonverbal communication,” the DA
from science to inform “Memory is subject to a number of policy. imperfections. Our memories aren’t designed to be perfect. We don’t need to Moving toward be able to perfectly recreate the past in informed practices order to live in the present.” “Memory is subject to Matthew Rhodes, an associate professor a number of imperfecin cognitive psychology tions. Our memories explained. That means when an administrator knows which photo is of the suspect, or which person in the lineup is the suspect, he or she can unintentionally provide the witness with nonverbal clues — which the witness is adept at unconsciously reading. “It sounds easy, but it isn’t. We’re small departments. And these departments (locally) share information because we’re small,” Hotsenpiller said. That reduces the likelihood of a “blind” administrator, and not just anyone can administer a lineup; the person must be trained. Witnesses should be instructed that the suspect might not be present and that they should not feel compelled to make an ID. They should also be told the investigation will continue regardless; that it doesn’t all hinge on them. The witnesses should not seek guidance from the administrator in making the ID, nor should administrators provide post-identification feedback. “You would want someone who doesn’t have intimate familiarity with the case to administer the lineup,” Rhodes said. “In a small department, that’s easier said than done.” There are some workable strategies, however. Photo arrays can be randomly shuffled by computer software and present them to the witness while the administrator cannot see the screen, Rhodes said as an example. Confidence statements, in the witness’ own words, rather than “one a scale of 1 to 10,” should be requested immediately upon the ID being
made, and preserved as “real time” evidence. “When witnesses are confident, the rate that they’re identifying the correct person is to 90 percent and above,” Hotsenpiller said. The more confidence declines, the less accurate eyewitnesses are. “If they’re not sure, we need to listen. We need to keep working the case,” said Hotsenpiller. “Your degree of confidence is actually a pretty good indicator,” Rhodes said. Immediate confidence scoring is important as a “picture in time” of where a person’s memory stands at that point, he said. “Eyewitness identification, when made shortly after an event, and done in a way that’s uncontaminated, actually tells us a lot about what you’ve seen,” Rhodes said. The state is taking notice of best practices for agencies handling eyewitnesses. Senate Bill 58 would require the agencies to adopt written policies relating to eyewitness identifications. The policies are to include protocols for photo arrays, lineups and “show up” identification (when a witness is taken to an area where a possible suspect is; not recommended), and instructions aimed at keeping such identifications as clean of outside influence as possible. Hotsenpiller supports the bill, as many such policies are already being implemented, and it reflects the Legislature’s willingness to listen to the experts. Rhodes called the measure proactive. He said it in effect asks what the Legislature can take
aren’t designed to be perfect. We don’t need to be able to perfectly recreate the past in order to live in the present.” Except in one very important respect: the law, he said. “Law enforcement agencies who follow the Core Four are going to get more information and be able to better assess the probative value of the eyewitness information they’re getting,” Rhodes said. “Memory is far from perfect, but it will give you the opportunity to draw inferences about how much we should trust their identification. The understanding of memory allows you to interpret what the witness is telling you.” Rhodes offered a caveat. Undertaking the steps of the Core Four is no guarantee of perfection — but doing so will put officers in a better position to make valid inferences about what a witness has seen. “The classic way to look at eyewitness memory is there are some things law enforcement can’t control at all,” he said, citing when a crime occurred, how quickly it took place, and how stressful it was for the witness. “But we know how those factors affect memory,” Rhodes explained. Further, agencies can control what questions are asked, how a lineup is constructed, whether they seek an immediate statement of confidence, and whether they provide feedback after the lineup, he said. “Pairing a general understanding of memory with some good policies and procedures puts law enforcement in the best position to use witness information,” he said.
Sawyer Brown coming to Montrose Page A4
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DA leery of bills’ cost potential State Senate announces policing improvement measures
A second bill, also sponsored by the Durango Republican, would require protocols for law enforcement agencies to use a multi-agency team, or outside agency such as the Colorado Bureau of Investigation, By Katharhynn Heidelberg when probing officerDaily Press Senior Writer involved shootings. If a Local officials see both potential benefit and bur- no-file decision is made, district attorneys would den in a fleet of policingbe required to publicly method bills now in the works at the state capitol. disclose the reasons why they elect not The bills to charge the that would “I’m all involved ofrequire cerficer. tain data to for data “The bills be collected collection. we cospondon’t appear sored or to adequately That (in authored were consider the itself) crafted in real-world consultation costs to won’t be with current agencies, burdensome. or former law particularly rural agenBut somebody enforcers, keeping the cies, said Dan has to entire state of Hotsenpiller, Colorado in district ataccount mind, not just torney for the for the the urbanized 7th Judicial Front Range,” District. Addi- work that’s Roberts said tionally, while done on the in the press he strongly release anfavors public front line nouncing the disclosure of of the data bills. information Other bills in officercollection. in the package involved It’s include one shootings, he that allows doesn’t want frustrating law-enforcelegislation for a rural ment agenthat would cies to access put DAs afoul DA’s office.” information of rules that Dan about an limit what they can say, Hotsenpiller, applicant’s past official because of a district misconduct or defendant’s fair-trial attorney use of excessive force. rights. for the 7th House DemColorado Senate ReJudicial ocrats have introduced publicans District bills with GOP announced Senate sponseveral policsorship, as ing-improvewell. One would provide ment bills this week, a grant program to allow with bipartisan support. agencies to test the feaThe party provided a sibility of body cameras summary in a Tuesday for officers. The other news release, but at the revises the Peace Officer time, bill numbers had Standards and Training not been assigned, a board’s composition and spokesman said. training requirements, Among the pending possibly to include such legislation is Sen. Ellen items as anti-bias trainRoberts’ bill that would ing and proper use of require agencies to chokeholds. collect data on officer“I want to commend involved shootings from Sen. Roberts for how 2010 to 2020. The data is much hard work she has to provide details on the put into this,” Hotsensuspect and the involved piller said Wednesday, officer. The information speaking of Roberts’ would go to the Colorado work as Senate Judiciary Department of Criminal Committee chairwoman. Justice for compilation Hotsenpiller is presiand an annual report dent of the Colorado Diswould be made to Senate and House judiciary see Bills, page A3 committees.
Nate Wick/Daily Press
Women in history
Ouray native Gail Saunders spoke at an event sponsored by the League of Women Voters for Women’s History Month at the Museum of the Mountain West on Saturday. The event was to celebrate women from Montrose, Delta and Ouray counties whose lives had made positive differences in their communities during the past 150 years.
Council OKs purchase of mowers, city vehicles Price tag for 14 items comes to $566,402 By Alan Lewis Gerstenecker Daily Press News Editor
Montrose residents, whether steering the fairways or the roadways, are likely to see in the coming weeks the city’s latest acquisitions. Loosening city pursestrings, councilors on Tuesday approved the purchase of 14 pieces of equipment that will be used on the Black Canyon Golf Course and city streets. Councilors OK’d the recommendation of Public Works Director John Harris to purchase a Toro RM5410 fairway mower and a Toro Groundsmaster 4700D rough mower for $114,889; two Ford F250 standardcab pickup trucks for $45,290; one Ford F250 crew-cab pickup for $26,327; six Ford SUV Police Interceptors for $289,152, and three Ford Interceptor sedans for $90,744. The receipt for the purchases totaled $566,402. The shopping list originally included an Elgin Pelican street sweeper for $164,950 and a Crafco crack sealer for $42,937, but Harris opted to withhold those two purchases to research the cost of extended warranties beyond just the one-year pacts offered by the manufacturer. “We’ll take a look at one-, two-, three- and five-year extended warranties on those and make a recommendation to the city council next month,” Harris said. “One year is just not that much when you’re paying that kind of price.” Councilor Kathy Ellis echoed Harris’ comments. “We thank you for checking the costs of extended warranties,” Ellis said. Councilors approved the combined purchases 4-0, with Judy
Inside the Daily Press Published for the Uncompahgre Valley and Debbi Short of Montrose
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In memory of Craig Gressman, Western Gravel, Inc. will suspend deliveries from 10am – 12pm Friday March 20, 2015. He will be missed.
Arts:
Read one take on Magic Circle’s “Pride & Prejudice” Page A4
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The Montrose City Council on Tuesday opted to purchase nine new Ford Police Interceptors, six of the SUVs and three of the sedans. The council also purchased three pickup trucks and two mowers for Black Canyon Golf Course. Ann Files absent. Harris said when the city took over the golf course in February 2014, there was an assessment of assets. It became clear soon afterward, the mowers would be replaced. “There were no hour meters on these things, they were so bad,” Harris said. “Our guys were spending as much time, or more, repairing and working on them as they were on the course.” The two Ford F250 standardcab pickup trucks have been purchased to replace two such vehicles in the utility depart-
ment, specifically the water and sewer divisions, Harris said. The lone Ford F250 crew-cab pickup truck is tabbed to be used in the engineering and building service departments. Harris said both of these vehicles would likely be in service within a month, depending on dealer availability. However, the nine Ford Police Interceptors likely will take much longer, he said. “These vehicles will need lights, cages, everything to be fully outfitted,” Harris said.
Today’s Weather Today, partly cloudy, clearing by afternoon. Winds NW at 10 to 15 mph. High 62. Tonight, partly cloudy, isolated showers. Winds SE at 5 to 10 mph. Low 39. See details, A11
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Checkmate
Montrose County School District hosted a chess tournament for students in firstthrough eighthgrade on Saturday. About 60 students participated at Northside Elementary. Carolyn Packard and Julie Burdick, parents of QUEST students, organized the event for children who love to play chess.
City: Nine Ford Police Interceptors are on the purchase list from page A1 “These costs include everything but the radios. It could take months, even into the fall. When we do get them they will be ready except for the radios. At that time, the radios will be taken out of the old cars and installed into the new vehicles.” All three Ford F250s pickup trucks — 2015 models — are being supplied by Spradley Barr Ford Lincoln of Greeley. Upon the urging of Ellis, Harris reaffirmed that bid requests were “hand-carried” to local car dealers who sought not to bid. All nine Ford Interceptors — the SUVs and the sedans — are purchased from SillTerhar Motors, Inc., of Broomfield. Police Chief Tom Chinn said the nine new vehicles represent almost a fourth of the department’s fleet. “We have 39 vehicles in the department,” Chinn said. “Last year, we didn’t have any new vehicle purchases, so it’s time.” Unlike many departments where police cruisers are driven all day during and then at a shift change are driven at night as well, Montrose officers take their
“We have 39 vehicles in the department. Last year, we didn’t have any new vehicle purchases, so it’s time.” Tom Chinn, Montrose Police Chief vehicles home, which lessens the wear. Chinn also said assigning vehicles to officers creates a sense of ownership. Because of the timetable in getting the cruisers to officers, some of the vehicles could be later models. “The police cars, again based on availability, could be 2015s or 2016s,” Harris said. “It depends on what’s available.” By the same 4-0 vote, councilors agreed to have Virgil Turner, director of Innovation and Citizen Involvement, participate in an Energy and Mineral Impact Assistance Grant application that would be submitted to Region 10 to implement a portion of the regional broadband plan. Should the city receive the grant, it would have to match 50 percent, or about $750,000. The funding would be applied to the portion of the plan referred to the Montrose Community Anchor Institution Network. In these days of con-
servatism, the councilors agreed once again to participate in the Fourth Annual Mayor’s Water Challenge. Local water customers may go online — to www.mywaterpledge.com — and sign up for ways in which they might conserve water. In 2012, the city finished seventh among towns ranging in population between 5,000 and 29,999. In 2013, the city finished 32 in the same population category. Mayor Bob Nicholson said he is determined that the city finish better than the seventh-place finish when Ellis was mayor. “We should all get behind this,” said Nicholson, who was presiding over his last meeting as mayor. “This would be a good message for the newspaper to carry.” City manager William Bell said the time is now to conserve. “This would be a good thing in which to participate during April, Earth Month,” Bell said.
Construction affects travel on US 550
Rock fall mitigation work begins Monday The Colorado Department of Transportation will begin work on a rock fall mitigation project on U.S. 550 beginning on Monday. The estimated construction completion will be mid-October. The work will be conducted between mileposts 106 and 107, two miles north of Ridgway. Rock Solid Solutions, awarded a $1.8 million contract, will be working on the rock slope above the roadway to remove rock fall hazards and to improve site distance around the curve. Work for the project will include drilling, blasting, installation of wire mesh and installation of rock bolts. The project will affect travel on U.S. 550, including lane closures and full traffic stops in both directions for 20 minutes. Delays may exceed 20 minutes as traffic queues are cleared. In addition, the multiuse trail will be closed during active blasting and rock scaling or any time that safety to the users may be at risk. The trail will be reopened as soon as safety condi-
The project will affect travel on U.S. 550, including lane closures and full traffic stops in both directions for 20 minutes. Delays may exceed 20 minutes as traffic queues are cleared. Delays may exceed 20 minutes as traffic queues are cleared. tions allow. For updates on the project, sign up at https://www.codot.gov/programs-projects/projects; then click the green cell phone in the upper right corner and follow the directions. The project name is U.S. 550 Ridgway North Rocks.
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limiting what information the DA could release without jeopardizing their rights to a fair trial. Although the officers were cleared on the basis of self-defense, the criminal cases against both defendants are active. “We want to publicly disclose information when we can. But we also have to ensure a fair trial for any charged defendant,” Hotsenpiller said. He favors public disclosure.”But people have to realize there’s a flip side to the coin,” the DA said. As far as using critical incident teams to investigate officer-involved shootings go, “I’m all for that. They do great work,” Hotsenpiller said.
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trict Attorneys Council, but was speaking only in his capacity as DA of the 7th Judicial District. While the GOP touted its proposals as a costeffective means of addressing “real-world problems,” Hotsenpiller expressed concerns with the unstated cost potential. “I’m all for data collection. That (in itself) won’t be burdensome. But somebody has to account for the work that’s done on the front line of the data collection. It’s frustrating for a rural DA’s office.” Body camera-use affords an example of that cost-potential. While Hotsenpiller favors the legislation that would furnish grant funding for agencies assessing the practicality of the devices, body-camera evidence also requires prosecutorial review. Hotsenpiller doesn’t have the staff to manage and store the data. There is a significant difference between reading an officer’s two-page report on a DUI stop, for instance, and watching the entire recording of a traffic stop that can take up to two hours. Hotsenpiller has 10 deputy district attorneys to cover six counties. “We’ve got to talk about resources,” he said. Montrose Police Chief Tom Chinn said he wants to know how well bodycamera technology will work before investing money into it. “I don’t want to have to spend anyone’s money and then have to buy new cameras in three years because what we
bought was junk,” he said. “Because we want something that’s going to work from Day 1.” The 7th Judicial District already utilizes a multi-agency critical incident team for officerinvolved shootings. “If they mandate that, it won’t be a huge change, because we’re already doing it,” Chinn said. “It takes the onus off the (individual) agency and makes it more transparent to everyone that this is what we’re doing. We don’t want to show any bias.” Montrose has seen officer-involved shootings, including two last year alone. In both cases, the defendant survived,
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TUESDAY
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March 17, 2015
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Police push for pot ordinances Aim: Ban hash oil extraction, limit plants By Katharhynn Heidelberg Daily Press Senior Writer
Nate Wick/Daily Press
Jane Armfield etches a bird into a scratchboard during a class taught by Lewis Williams at the Around the Corner Art Gallery on Saturday.
Scraping together some art Lewis Williams taught a small group about scratchboard technique at Around the Corner Art Gallery Saturday. Scratchboard is an illustrative technique that involves using a sharp knife or other tool to scrape into an often blackboard to reveal a white or colored base. Since something — in this case the black coating — is being remove by the artist, it is considered a deductive technique.
Nate Wick/Daily Press
Lewis Williams instructs on scratchboard techniques during a class he taught at the Around the Corner Art Gallery on Saturday.
Delta passes midnight curfew for juveniles By Katharhynn Heidelberg Daily Press Senior Writer
Fed up with seeing kids roam the streets at night, and concerned about property crimes, Delta’s police chief pushed for a midnight curfew for residents younger than 18. Ask, and ye shall receive. The Delta City Council recently approved and adopted on second reading Ordinance 3, which prohibits minors from being out between midnight and 5 a.m., with a few exceptions. The ordinance prohibits minors from being on public streets, sidewalks and places in Delta between those hours, and makes it unlawful for parents to knowingly allow the behavior. Per the ordinance: Minors accompanied by a parent or legal guardian can be on the streets after midnight. Youths can also be out and about when traveling directly from a “recognized community event,” such as a late movie or a school function. Parents can also provide permission for their children to be out, and kids who work are
“I feel it’s a step in the right direction to continue to provide public safety and to protect our children, and hold parents accountable for their child who is out late at night,” Delta Chief Robert Thomas
given a half-hour’s leeway before or after their shift, provided they have proof of their schedule. “I feel it’s a step in the right direction to continue to provide public safety and to protect our children, and hold parents accountable for their child who is out late at night,” Delta Chief Robert Thomas said Friday. He earlier told the Daily Press that he wanted the curfew because of the number of preteens and younger teens his officers were finding hanging about the city after midnight. “What is there to do after midnight in Delta, especially for a 12- or 13-year-old? We want
to hold these parents accountable, who are allowing their child to roam the city after midnight,” he said. “What we want to do is see a reduction in criminal mischief, thefts, graffiti, burglaries. I’m not saying all the kids are doing that, but I’m expecting some are.” Prior to the ordinance — which goes into effect 30 days after its official publication — there was no restriction as to when youths could be out and about on city streets or public property, and no penalty for parents. Most parents in Delta responsibly supervise their children, but there are those who do not, and
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the ordinance is aimed at them, Thomas said. Juveniles in violation of the ordinance will be taken into protective custody. Officers will contact their parents, and, if the child is 16 or younger, he or she will be turned over to Health and Human Services until the parent can collect him or her. Kids and parents will be summoned into municipal court to explain to the judge why the child was out after midnight. The responsible adult’s “indifference” to the whereabouts of the juvenile is not a defense, the ordinance states. “I think Delta has responsible parents. It’s those parents who need some guidance regarding the seriousness of having their child out late at night — these are the parents we want to reach out to,” Thomas said. Officers will use common sense and good judgment in issuing summonses, he added. “The officers are going to be reasonable with members of the community. … That’s also important,” Thomas said.
Risks posed by hash oil-extraction methods have prompted Montrose officials to seek ordinances that would ban the activity in the city. “We want to try to preempt people from extracting hash oil, to prevent them from blowing up their house, endangering their neighbors, children and family members,” Montrose Police Chief Tom Chinn said. The ordinance is in drafting stages right now; it has not been presented to City Council. Amendment 64 legalized use and possession of marijuana for people 21 and older. The amendment allowed local governments to ban retail marijuana sales, which the City of Montrose has done, as has Montrose County. It’s less clear whether the amendment also allows for individuals to manufacture hash oil. Former Colorado Attorney General John Suthers issued a statement last year indicating that “They’ve had this the amendment doesn’t allow for issue in other home hash oilplaces all over extraction. Current AtColorado. We’re torney General just trying to Cynthia Coffman “shares AG protect our Suthers’ view people here regarding the public safety in Montrose. issues with home When they do manufacturing of butane hash this extraction, oil,” spokeswoman Carolyn Tyler especially said. with butane, it “In my view, tends to be very it’s illegal,” said District Attorney unstable. Almost Dan Hotsenpiller. anything will set The question is up in the air, it off,” however, and Tom Chinn, Hotsenpiller said he is looking Montrose to the state to police chief clarify the situation. “There is a difference (of opinion), even in the prosecution community,” he said. “It’s definitely an unintended consequence of the marijuana amendment that’s created a public safety issue,” Montrose Police Lt. Blaine Hall said. “I’m shocked the state hasn’t made this illegal,” said Bill Masters, sheriff of San Miguel County, where hash-oil manufacture is barred from residential areas by county ordinance. Such manufacture has to take place in areas zoned industrial, by licensed individuals who submit to inspections by Masters’ agency. “We don’t think Amendment 64 or Amendment 20 (medical marijuana) allows that manufacturing activity to individuals who are not licensed to do so,” he said. “It’s always a good thing for the towns to pass those ordinances that prohibit this dangerous activity. … I believe that it is against the law to do it, period, without being licensed by the state of Colorado.” Masters’ deputies were called to a San Miguel County residence in 2014 for a medical emergency. They said they discovered evidence of a butane hash-oil operation, as well as 160 marijuana plants. The man was cited for allegedly having too many plants, but because there was no ordinance at the time about hash-oil extraction, and because of the ambiguity of state law, no complaint was filed over that operation. Masters at the time called butane extraction dangerous. “They’ve had this issue in other places all over Colorado. We’re just trying to protect our people here in Montrose. When they do see POT, page A3 Montrose Daily Press 3684 N. Townsend Montrose, CO 81401 Hours: monday-friday 8 a.m. - 5 p.m. tel: 970-249-3444 fax: 970-249-3331
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County enacts rubbish and junk ordinance The Montrose Board of County Commissioners had the second and final reading Monday of the Montrose County Rubbish and Junk Ordinance (Ordinance No. 2015-02). The ordinance was approved by the Board of County Commissioners. The Junk and Rubbish Ordinance will take effect in approximately 30 days, and is only applicable to parcels of less than one acre located in unincorporated Montrose County that are zoned either General Residential or Multiple Family Residential. The ordinance, which can be found here (http://montrosecounty.granicus.com/ MetaViewer.php?view_ id=2&event_id=239&meta_ id=35319), outlines the definitions of “junk” and “rubbish.” The county will only respond to formal, written complaints signed by the complainant. “Please note that this only affects smaller lots that are zoned General Residential or Multiple Family Residential,” said Planning and Development Director Steve White. “This ordinance was driven by our community members and addresses concerns that many have regarding health and safety issues posed by overwhelming amount of junk or rubbish.” “Private property rights are very important to me, and I intend to protect them,” said Commissioner Glen Davis. “However, in the interest of public health and safety we need to move forward with this ordinance. Rest assured that there will be checks and balances in place— such as a hearing before the board.” For more information, please visit www.montrosecounty.net.
Photo courtesy of Geoff Tischbein
Thousands of cranes
Several thousand sandhill cranes are expected March 20-22 at Fruitgrowers Reservoir east of Delta during Eckert Cranes Days annual festival. Fruitgrower’s Reservoir (also known as Hart’s Basin) is located east of the community of Eckert. From Delta, drive 4 miles east on State Highway 92, then turn north on State Highway 65 and drive 6 miles to Eckert. Turn right on North Road at Big E Market, across from the Eckert Presbyterian Church, and proceed east until you reach the reservoir. The Black Canyon Chapter of the Audubon Society will have a viewing station from 9-11 a.m. each day to observe the cranes as they lift off on the next leg of their journey north. For directions and more information, visit the organization’s website: www.blackcanyonaudubon.org/field-trips.
Montrose woman’s research rocks By Chloe Johnson For the Daily Press
Dr. Carol Pattesrson of the Chipeta Archaeological Society has spent a decade studying Native American rock art in Colorado, Utah and Wyoming. Patterson will share some of her findings with a lecture and slideshow at the Montrose United Methodist Church Wednesday. Patterson, who was born in Denver, is a cultural anthropologist and rock art specialist. She has pieced together centuries-old myths by spending time in tribal territories and reading ethnographies from the 1800s. She spent years exploring tribal and public
lands searching for rock carvings, often traveling with her mustang horse Roany. “Trying to figure out what these myths mean is a lot of work,” said Patterson, who worked closely with late Ute elder Clifford Duncan to unearth proto-historic art and learn about the culture of local tribes. “It was really Clifford’s project,” Patterson said. “We went all over Colorado and Eastern Utah and parts of Wyoming, and worked in tribal territories.” Patterson’s research has focused on the creation myths of the Numic (now the Utes), Keresan and Zuni tribes. She has spent a lot of time in can-
yons searching for petroglyphs — a type of rock art that involves chipping pieces of stone away from a surface to form pictures. Petroglyphs of Ute religious iconography can be found in the Shavano Valley, where Patterson gives tours. About 1100 A.D., the Numic, Keresan and Zumi tribes were forming their cultural traits, and most petroglyphs were made around this formative time, according to Patterson. Dieties such as Creator Dog — a “bad translation,” since he is actually a wolf — and Yellow Woman start to regularly appear in artworks from this era up to the year 1881. Through their research, the
Chipeta Archaeological Society has uncovered evidence of these three distinct linguistic and cultural groups that existed in the Colorado Plateau between 1100 and the 19th century. Similarities and differences among these groups appear in their artwork, according to the society. “You can see the creation myths repeated in their art. We tell the cultural affiliations (based on images), just like you can tell Christians and Jews from the star and the cross,” Patterson said. Patterson will speak in Baldose Hall at 7 p.m. Wednesday, March 18. The event is free for the public.
POT: Public safety risk seen in marijuana law’s ambiguity from page A1 this extraction, especially with butane, it tends to be very unstable. Almost anything will set it off,” Chinn said. Chinn said his department could push for other marijuana ordinances, including a strict six-plant limit per household. State law allows six plants per eligible adult in a home — and allows for an individual’s grow rights to be transferred so another person can grow that allotment on his or her behalf. “That’s what makes it so difficult to enforce. Some of the stuff needs regulated through city ordinance,” Hall said. The MPD is looking to Boulder and Brecken-
ridge, which have taken “proactive” measures to regulate marijuana and hash oil- extraction, Chinn said. Boulder allows both retail and medical marijuana. It has 14 medical marijuana centers, 15 recreational dispensaries and six locations that manufacture infused products. These locations are required to obtain at least 70 percent of what they process from Boulder grows, according to Mishawn Cook, license and collections manager for the City of Boulder. Whether retail or medical, marijuana grows cannot exceed 15,000 square feet. Grows have to be located in commercial and industrial zones. And, Boulder ordi-
nances define a marijuana business as any building with more than six plants in it. If an individual has more than six plants, his or her location is considered a business, and marijuana business requirements apply. Retail establishments have to maintain an orderly grow, to facilitate employee safety and inspections. A grow that takes up 15,000 square feet has to have 3-foot aisles for clear passage. “It’s not going to be a case that they can just shove as many plants as they can into a 15,000-square foot space,” Cook said. A medical marijuana grower’s per-plant limit depends on his or her patient count.
Boulder also charges $1 per plant once growers exceed 1,000 plants. The largest grow in Boulder is about 4,500 plants; the grower pays $3,500 under the excess plant charge. Boulder keeps a tight rein on the manufacture of infused products/ hash oil. “The way we have done it, is we have figured out we would need specialized help, and also applicants would need specialized help,” Cook said. Applicants have to hire an industrial hygienist to plan out safe extraction methods and when they file for a building permit, that plan must be submitted. As part of the permitting, Boulder’s marijuana inspec-
tion team will watch a test-run extraction process, the product of which is surrendered for destruction. Chinn said he would like to see Montrose County put forth an ordinance restricting hash oil-manufacturing. “I think it would save lives, or save somebody bodily injury,” he said. Delta is already considering a possible hashoil ordinance, though discussions are on hold until it hires a new city manager. “I consider it a public safety issue. With marijuana being legal now, what I don’t want to see is individuals turning to manufacture marijuana into hash oil,” Delta Police Chief Robert Thomas said.
“I just want to put the community on notice (through an ordinance) that if you produce or manufacture hash oil and we have probable cause, we’re going to act on it.”
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be April 15. An article about kayaker Jared Bolhuis was not clear on his involvement in the Montrose Water Sports Park. Bolhuis was one of several individuals who offered input on the water sports park. The actual design and engineering was done by a design consultant, Recreation, Engineering, and Planning (REP) of Boulder, in coordination with the City’s Public Works Department. It is the Montrose Daily Press policy to promptly correct errors of fact that appear in our news reporting. Corrections and clarifications will appear in the paper as
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The Focus article on Christ’s Kitchen listed an incorrect phone number for the kitchen as well as misstated how much chicken is cooked for one meal. The phone number during office hours is 249-1774. The answering service phone number is 252-6415. The kitchen usually cooks 16-20 pounds of chicken for one meal. Leftover food on Fridays goes to the convent in Olathe, or House of Promise. Sunday’s article on the Caregiver’s Summit and Retreat included an incorrect date for the event in the headline. The event will
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School board hears prayer concerns ter-focused program affiliated with the football program, created in 2005. The Montrose County Before allowing public School District adminiscomments, Tobin extrative offices boardroom plained to the audience was full to its 80-occupant capacity on Tuesday there had been misinterevening as parents voiced pretation and perhaps misinformation generatconcerns on a foundaed by Henwood’s memo. tional American issue. The focus of the discus- She offered a statement on behalf of the board. sion was the right of “(A) parent was constudents to engage, or to cerned that their son felt not engage, in religious pressured to participate practices during schoolin religious activities at sponsored activities. the team level,” Tobin The topic arose when read from a prepared Montrose High School statement. received a parent com“The memo dealt plaint regarding school with a student’s right to policy dictating religious pray and express their practices led by school religious personnel, freedom, said Leann See the school district’s and what Tobin, guidelines school memo on prayer and staff need board presi- religion in full at to follow to dent. montrosepress.com ensure it is Kirk not perHenwood, ceived that staff — volMCSD deputy superinuntary or paid — are tendent, drafted a memo promoting, teaching or to school officials dated endorsing a specific reliNov. 29 addressing the gious belief.” issue. The memo briefly Tobin reiterated the describes the district’s district’s policy, set since policy, which clearly prohibits prayer or Scrip- at least 1995, she said. “The district supports ture as part of school the rights of students sponsored and school and staff to approprisupervised events. ately practice freedom Henwood’s memo does of religion, while at describe district policy the same time we must allowing a “moment of ensure students are free silence that is not identifrom pressure to particified as an opportunity pate in religious activifor prayer,” but direction may not be given on what ties and prayers led by staff members,” Tobin the moment of silence is stated. to be used for or how it Tony Amaya, a parshould be spent. Supervient of a player, gave his sors monitoring groups opinion that the time in these situations are allowed for prayer was to move to the periphery not coercive, nor was it a of the group, the memo pressure on students who states. chose not to participate. Attendees at Tuesday’s “My son is one of the regular board meeting kids that walks away used the public comment when they pray at the period to raise their end of football games,” own concerns with the Amaya said. “And you content of Henwood’s know what? He has that memo. Five attendees choice. Either you choose spoke at the meeting; each offered an affiliation to participate or you choose not to. My son or made reference to the chooses not to. And that’s Montrose High School what it’s all about — it’s football program. having that choice.” Comments also made Another commenter direct reference to the “Man-Builder” program, a leadership- and characsee PRAYER, page 3 By Drew Setterholm Daily Press Staff Writer
AP Photo/Brennan Linsley
In this Monday, Dec. 8 photo, water flows past a sculpted landscape at Confluence Park, where Cherry Creek joins the South Platte, a key channel in Colorado’s water supply, in Denver.
Water worries With future uncertain, Colorado shields its water DAN ELLIOTT Associated Press
DENVER (AP) — With demand increasing across the West, Colorado is drawing up a strategy to keep some of the trillions of gallons of water that gushes out of the Rocky Mountains every spring — most of which flows downstream to drought-stricken California, Arizona, Nevada and Mexico. Colorado wants to ensure its farms, wildlife and rapidly growing cities have enough water in the decades to come. It’s pledging to provide downstream states every gallon they’re legally entitled to, but not a drop more. “If anybody thought we were going to roll over and say, ‘OK, California, you’re in a really bad drought, you get to use the water that we were going to use,’ they’re mistaken,” said James Eklund, director of the Colorado Water Conservation Board, which wrote the draft after a series of public meetings. Eklund’s insistence on Colorado’s water rights drew diplomatic responses from his colleagues in other states on the eve of a Las Vegas meeting of water managers. The managers, from seven states, are working on ways to ensure 40 million people in the parched Colorado River basin don’t go thirsty. “California has not sought any Colorado River water beyond its entitlement and has no intention of doing so,” said Jeff
“If anybody thought we were going to roll over and say, ‘OK, California, you’re in a really bad drought, you get to use the water that we were going to use,’ they’re mistaken,”
James Eklund, Colorado Water Conservation Board
AP Photo/Brennan Linsley
In this Dec. 8 photo, James Eklund, director of the Colorado Water Conservation Board, poses for a picture inside the state Capitol, in Denver.
Kightlinger, general manager of the Metropolitan Water District of Southern California. He referred to the Colorado River Compact of 1922 that covers water allocations to Colorado, California, New Mexico, Wyoming, Utah, Arizona and Nevada. “Arizona has the same inter-
est” as Colorado in ensuring its supply is protected, said Michael J. Lacey, director of the Arizona Department of Water Resources. “I am not sure we will express it as pointedly as that,” Lacey said of Eklund’s see WATER, page 3
Law enforcement officers grapple with traumatic events Mental health care vital for those in public safety By Katharhynn Heidelberg Daily Press Senior Writer
The stigma of seeking mental health counseling is slowly easing, and the public safety field should be no exception, counselor and police lieutenant Chuck Deshazer says. “It’s of huge importance,” said the Aurora officer, who on Dec. 1 presented information
about post-traumatic stress to the Montrose Police Department, as part of the agency’s annual meeting. “When I first started, you didn’t even talk about mental health. The only time you went to a psychologist was during the hiring process. We’re ebbing that flow,” the 27year law enforcement veteran added. No specific incident prompted the visit by Deshazer, who has a master’s degree in coun-
“Law enforcement, like the military, are really subject to a lot of different trauma throughout their careers, everything from an infant not breathing, to death scenes and car accidents,” Montrose Police Chief Tom Chinn seling and a private practice in Brighton. The intention was to spread information and awareness, said Montrose Police Chief Tom Chinn.
Inside the Daily Press Published for the Uncompahgre Valley and Lorraine Lockwood, of Montrose
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“Law enforcement, like the military, are really subject to a lot of different trauma throughout their careers, everything from an infant not
breathing, to death scenes and car accidents,” he said. “I think there is more potential for post-traumatic stress disorder than a lot of people would even realize, right here in our own back yard. It’s not just the MPD. It would be any law enforcement officer. We see a lot of death, a lot of physical trauma,” Chinn said. “The same would apply to the firefighting industry, as
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well. I think for so long, a lot of people have ignored that.” The U.S. racks up an average of 75 to 80 line of duty deaths each year, Deshazer said. By contrast — and depending on which statistics are reviewed — between 250 and 400 officers die by their own hand each year. “That’s why it’s so important that we keep our law enforcement officers in contact with mental health and do the type of training that we did. A lot of times, you just don’t realize it (the need) because you’re so attached to the situation,” Deshazer said. Montrose last lost a police officer to suicide in 2007, when a 27-year-old officer shot herself in her home. In his career, Chinn has seen two officer suicides. The department has also seen line of duty deaths, most recently in 2009, when a sergeant was murdered and two other officers gravely wounded. This year, there were two officer-involved shootings within about two months, in which suspects were shot and wounded. The officer has been cleared in the first shooting; the second, in which he and another officer shot the suspect, remains under review. Any time when officers have used deadly force in what is found to be selfdefense, department policy requires counseling before
they can return to work, Chinn said. “We suggest a counselor to them and we pay for that. The counselor tells us whether or not they have attended that session. We’re notified if there are any issues and that’s it. We don’t inquire about or know anything about the session other than whether they’re fit to return to work,” he explained. Officers and police department employees can also seek counseling on their own, through the city benefits program, which pays for three free visits a year, or through their insurance. “The employer never knows about it,” Chinn said. “... You can walk around saying ‘I’m a tough cop’ all day, but that doesn’t mean a thing. I think there is a huge need for counseling, for public safety, emergency medical service and law enforcement,” he added. It helps officers to have access to counselors who are specifically trained to understand the unique subculture of police and firefighters, said Deshazer, who one day hopes to open his own law-enforcement specific practice. That would ideally be on the Western Slope, where there is a dearth of such career-specific providers, though there are plenty of qualified mental health professionals, Deshazer said. “As cops, we don’t like talking to just anybody. We
want to go to a counselor who’s walked in our shoes and understands the demands of the job,” he said. At a training session Deshazer hosted in Grand Junction last year, two officers, from two different agencies approached him on different days about opening an office, he said. “Law enforcement presents a specific culture. If you have somebody who has been a law enforcement officer, it’s even better.” Deshazer cautioned that while PTSD can be an issue for officers involved in critical incidents, that doesn’t mean everyone involved will develop it. The repeated exposure to people in crises, or who have been severely injured, can cause vicarious trauma; again, not everyone exposed to these situations will develop vicarious trauma. “But what we need to make sure we do is have those officers educated in what that looks like and really, the families too. Knowledge is power,” Deshazer said. Chinn made the right move in presenting information about mental health to his officers earlier this month, Deshazer added. “I thought it was a proactive approach, to try to make sure they know about it before it becomes an issue,” he said. “We want to be tough and we put on a tough face, but behind that badge, we’re just like anybody else.”
from page 1 addressed what he felt was a change made to the football program in the middle of the most recent season. James TenNapel, parent of a student who participated with the team, described a time after football games when students were allowed to pray on the field. “It always happened right after a game, the parents respected and stayed away, and there was a change in that during midseason this year …” TenNapel said. “I felt like a change had been made that I wished I’d have known about, and I didn’t know about.” The board did not acknowledge any change made to programs in its statement preceding public comment. Tobin, in reading the statement, clarified: “The district has not discussed and is not supportive of doing away with any programming, including the Man-Builder program, but clarity has been provided to all staff to ensure policies regarding religious teaching in our schools and school events (and) activities are followed.” A third public comment touched on the deeply personal nature of prayer, and its potential effect on students. “This program suffered two losses this year — and I’m not talking about football games. Anything that can be used by human beings to get through the grief of losing a brother, or a son or a teammate, should be allowed,” Marc Catlin, a meeting attendee, said. Other comments warned against the district making
Drew Setterholm/daily press
James TenNapel offers a public comment during Tuesday evening’s regular school board meeting.
abrupt changes to policy or personnel. The board’s opening statement also addressed personnel, stating: “The school board supports the freedom of religion and will fight to be sure that students have the right to express their religious beliefs.” The school board also supports our staff and coaches, and no personnel actions have been suggested towards any personnel.” Tobin thanked meeting attendees for their comments. The board neither discussed nor approved any action resulting from the public comments. Henwood’s memo recommends those seeking additional information on the district’s policy contact the office of the deputy superintendent, or review federal law and case studies, including the Establishment Clause of the First Amendment, Wallace v. Jaffree (1985), Lee v. Weisman (1992) or Sante Fe Independent School District v. Doe (2000).
WATER: Nearly 4.6 trillion gallons of water originates in Colorado every year anywhere near the Front Range, those are already built,” said Eric Kuhn, general manager of the Colorado River District, which guides Colorado River use in western Colorado. “My concern
is we take a realistic look at the Colorado River as a new supply for the Front Range.” Jim Lochhead, CEO and manager of Denver Water, the state’s largest municipal utility,
said new transmountain projects shouldn’t be ruled out. “It’s really going to have to be an all-of-theabove approach if we’re going to do that right,” he said.
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remarks. With drought making cooperation more important, members of the Colorado River Water Users Association deny there’s discord at their table. The Colorado plan is being submitted to Gov. John Hickenlooper on Wednesday. A final version is expected in late 2015 and will propose legislation. Nearly 4.6 trillion gallons of water originates in Colorado every year, mostly from prodigious snowstorms high in the Rockies. Two-thirds of it belongs to users in downstream states, including California, under a collection of interstate agreements and court rulings. The other third is available to Colorado users under a system of water rights, which are considered property that can be bought and sold. Colorado suffered through its own devastating drought in 2002-03, an event that prompted the state to take a close look at how its water is distributed and how it could be used better. That process led to the new plan, which addresses several major issues. Colorado’s cities will need more water as the population grows from 5.5 million today to a projected 8 million to 9 million by 2050. Irrigated agricultural land is drying up at an alarming rate as cities buy out farmers to get their water. And the state’s key recreational economy and its environment need to water in streams and lakes to survive. The 1922 compact and agreements with Mexico today promise about 16.5 million acre-feet of water annually from a river that has historically taken in about 15 million acre-feet from rainfall and snowmelt. That amount has diminished during drought. One acre-foot of water is about enough to serve two average households for a year. Colorado’s plan takes no position on one of the state’s most historically contentious issues: The century-old practice of pumping water from
including Denver. It does say conservation and recycling should be considered before any more giant pipeline projects. “All of the easy projects, those that are
west of the Continental Divide to the populous but drier eastern side. The 163 billion gallons shipped through the divide each year is a major source for the urban Front Range corridor,
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RETAILER: POT PROPOSAL HALF-BAKED IDEA Edibles ban might not happen, CDPHE rep says WILL SHOEMAKER/GUNNISON COUNTRY TIMES
Yellow scene tape marks the Gunnison home where two people were found shot to death early Wednesday evening.
2 dead in Gunnison murder-suicide Police await autopsies, other forensic evidence BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER
One resident of a Gunnison rental home fatally shot a second, then died from a self-inflicted gunshot Wednesday evening. A third person in the home at 421 Tincup Drive was uninjured, but was a witness; he is traumatized, police said. Gunnison police on Thursday identified the victims as Jennifer Lembke, 40, and Michael King, 30; they did not immediately disclose which person was thought to have fired the weapon, divulge what type of firearm was used or say how many shots were fired. “The autopsies are being performed this afternoon,” Gunnison Police Chief Keith Robinson said Thursday. “That will hopefully give us confirmation.” Gunnison County Coroner Frank Vader could not be reached Thursday for comment. The autopsies hadn’t been completed as of about 5 p.m. Thursday, according to information from Robinson. Gunnison police officers, Gunnison County Sheriff ’s Office Deputies and the Colorado State Patrol responded
to the address shortly before 5 p.m. Wednesday, after another person who had been at the Tincup Drive home called in a report of shots fired. Authorities found Lembke and King dead and a man thought to be their roommate unharmed. Robinson said he could not immediately discuss what is leading police to consider the matter as a murdersuicide. “We had at least one witness who as at the residence, and the relationship between the two parties that are deceased,” he said, declining to release information about what may have precipitated the shooting. “He (witness) was upset. He was in the house when this happened,” Robinson said of the witness, who he said is receiving support from advocacy groups and neighbors. Robinson’s officers were on scene until about 1:30 a.m. Thursday and returned at 8:30 a.m., finishing their role at the scene at about noon. The Colorado Bureau of Investigation arrived to finish processing the home; the GPD is awaiting information from that, the autopsy and is following up on other leads. “It’s definitely still an active investigation. We’re still fairly early on,” said Robinson.
Welcome Home Montrose celebrates three years BY JASON WHEELER DAILY PRESS STAFF WRITER
It’s not every day the community can come together to recognize the accomplishments of one of its organizations. On Oct. 29, Welcome Home Montrose will celebrate three years. With a 1940s theme, representatives will share some of the organization’s biggest accomplishments while looking forward to the future. Emily Smith, the director of the Warrior Resource Center, said the organization realized how much of the community doesn’t know everything that Welcome Home Montrose has done. So the nonprofit wanted to celebrate its accomplishments and bring the community up to
speed. “We want to cover the visibility that’s been brought to veterans,” Smith said. “We got the All-America City Award because of it.” Smith said an award for being the most veteran-friendly little city in Colorado will be presented that evening. Welcome Home Montrose also wants people to understand the partnerships the organization has taken on, noting that everything it does on behalf of veterans ultimately benefits the entire community. Smith said more accessibility as the population gets older makes it so the people can continue to access and use everything they’ve grown SEE WHM, PAGE A3
By Katharhynn Heidelberg | Daily Press Senior Writer
T
he state will not find its answer to concerns about child welfare in banning most marijuana-infused edibles, an area retailer said. The Colorado Department of Public Health and Environment’s representative on a legislative work group shook up the industry Monday, in offering an initial recommendation to ban production of all edible marijuana products, except simple lozenges, hard candies or tinctures “that are plainly labeled using universal symbols and that users can add to their products at home.” The lozenges and candy would be manufactured in single, 10 mg doses and tinctures would be produced and labeled with dosing instructions. “It’s a recommendation,” CDPHE’s director of environmental health and sustainability Jeff Lawrence said on Thursday, stressing that nothing has been banned. He sits on the work group for House Bill 1366, which regulates the sale of edible marijuana products and was signed into law in May. Monday’s initiative was vetted by the CDPHE, he said, and is in the initial stages of recommendation. “The working group is a deliberative process. We expect that it will be debated and edited. The Department of Revenue and others in that group will decide if it moves forward to the legislative hearing process,” Lawrence said. Under HB 1366, people are to be protected from unintentionally ingesting edible retail pot products; such products are to be readily identifiable and products are to make clear that they are not for consumption by children. “To allow the production of retail marijuana edibles that are naturally attractive to children is counter to the Amendment 64 requirement to prevent the marketing of marijuana products to children,” the recommendation proposed on Monday reads. “The intent of the amendment and subsequent laws and rules was to decriminalize the use of retail marijuana, not to encourage the market expansion within the marijuana edibles industry that subsequently create potential consumer confusion or mixed messages to children.” Smart Colorado, a nonprofit whose
INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Peggy Ann Summers of Montrose
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stated mission is to protect minors in the wake of commercialized marijuana, hailed the recommendation as a critical one. In a news release, founding member Diane Carlson said marijuana edibles in the form of familiar food and candy are “inherently appealing to kids and therefore a dangerous form of marketing.” But Ben Steenblik, manager of Delilah, a Telluride retail and medical marijuana center, said limiting manufacture of edibles would be “kind of asinine.” “It’s an example of a law that is going to be pushed along by fear,” he said Thursday. “I understand the concerns of parents and we certainly don’t want kids getting into this stuff, but at what point does the purchaser burden the responsibility? We don’t expect gun companies to be held responsible if a child gets ahold of a handgun. This seems like an unreasonable burden for the industry to take on.” Such regulations won’t work, Steenblik said. Colorado residents 21 and older can cultivate their own pot and make their own edibles; a ban on shop-sold edibles would simply drive people to create their own goodies with no quality control, childproofing or labeling, he said. “People will make them just like they did when marijuana was still illegal. The thing that is missing is not ‘We need to label these even more.’” Infused products are already heavily labeled and packaged opaquely, he noted. Lawrence said that at this time nothing is banned and that different packaging, labeling and identification of products “may even negate the need for this recommendation.” He said CDPHE agrees there should be personal responsibility and he acknowledged concerns that an edibles ban could create an unregulated market. “(Industry) has the same desire as we have. They don’t want to push the marijuana into a black market,” Lawrence said. “They want a robust regulatory framework that allows legitimate businesses to operated, and they have concerns that doing something of that nature (banning most edibles) would push it to the black market.”
TODAY’S WEATHER Sunny today with highs around 76. Clear skies tonight with lows around 43. See details, A11
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Pedestrian in Oct. 1 accident dies s
Staff Report
Timothy Major, 59, has died weeks after he was struck by a car while crossing East Main Street on Oct. 1. Major sustained severe head injuries and multiple traumatic injuries after he strayed in front of oncoming traffic. He died Tuesday at
University Hospital in Denver. Dr. Thomas Canfield, Montrose County coroner, on Thursday announced the manner of death is accidental. Major was a fixture in downtown Montrose, where he was known to walk almost every day, and encountered residents who liked to help
him with food or money. On the night of Oct. 1, Major crossed East Main mid-block near Cedar Avenue and a Ford Taurus traveling west in the inside lane struck him. Police said Major was thrown on top of the vehicle, then over it. Police also said the driver of the vehicle behind the Taurus re-
ported not having seen anyone in the street until the time of impact in the poorly lit area where light rain was falling. Both drivers immediately pulled over and passersby tried to help. The Taurus’ driver hadn’t committed any violations and charges are not contemplated, police said.
Courtesy photo
Desarae Jones, right, is battling cancer with her family in mind.
EDIBLES: Balance sought in Cancer fundraiser protecting kids, preventing black market this weekend of children, but the industry itself should not be constrained anymore than it already is. While we do not want children to consume these products and we certainly are in compliance, there has to be some responsibility put on the purchaser once they take that product home. Responsible cannabis use means keeping your product away from children.” Delilah and several other retail pot shops in the area offer a range of edibles and infused products. They do not sell the products to children. Amendment 64 only allows recreational marijuana for people 21 and older and the shops must comply with local and state regulations. “We specialize in tincture manufacture,” said Steenblik. “There are enough regulations in place. We need to set up education and that’s what they (recommendations) are trying to avoid. It’s easier to (ban edibles).” Many other things imperil children, Steenblik said, noting the misuse of firearms, alcohol, gasoline and vehicles, as well as accidental ingestion of pharmaceuticals. “There is not a single documented case of a cannabis overdose, period,” he said. “It cannot kill you. You would have to consume 15 pounds of marijuana in a 10-minute period. It is impossible.” Documented instances of
children falling ill due to consuming pot-infused edibles are low, Lawrence acknowledged. “We haven’t seen a ton of that. There’s been nine identified cases reported. We were looking at (recommendation) as the public health challenge of preventing underage ingestion,” Lawrence said. In January, an Olathe juvenile was cited for allegedly giving potinfused edibles to other students at the high school there. Police have not said how the youth obtained the product, or whether the edibles were retail or homemade. “The issue is we need to take some of the money generated (from pot sales and excise taxes) and in an unbiased fashion, educate children on making good decisions in the same way we’ve educated them about not consuming alcohol or tobacco underage,” Steenblik said. “... The bottom line is, marijuana is legal in Colorado. It needs to be treated as a legal business and no longer subjected to the rather archaic, fearful Prohibition values.” If local and state level governments are accepting the revenue from retail pot taxes, the businesses writing those checks shouldn’t have to jump through yet more hoops that do not address the issue, he said. “How would this keep marijuana out of children’s hands?”
WHM: Event will highlight success, organization’s future from page 1 up with. Smith said that even some of the organization’s board members don’t know about everything that’s been done, whether by the community, the contributions and donations or everyone working together to
make it all happen. “Now that we’re being able to create that visibility, make a difference and it’s being noticed on a state and national level, everyone should be so proud of everything that’s been accomplished,” she said. “It’s certainly not Melanie (Kline) and I that’s doing
it all.” Smith called it a community initiative and that Welcome Home Montrose wanted to make sure the community has a chance to celebrate its own accomplishments. But she also said the organization wants to continue to expand forward, mention-
ing there is a new idea around every corner. Welcome Home Montrose will celebrate at the Montrose Pavilion, located at 1800 Pavilion Dr., from 6:30 p.m. to 9 p.m. It’s free and there will be a cash bar. For more information, call Smith at 970-7652210.
Damaged gas line repaired on North Selig Avenue On Oct. 23, a City of Montrose utility crew excavated into an unmarked gas service line on North Selig Avenue, a dead-end street north of North Ninth Street. The city crew immediately called 911. SourceGas responded, turned off the leaking gas line, and started repairs. Selig was temporarily blocked while repairs were completed. Questions should be addressed to SourceGas 970-2493494.
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Jacqueline Valdez Chavez receives a flu shot Thursday. Walgreen's provided and administered the flu shots while Montrose County Health and Human Services facilitated the services.
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Two years ago, Desarae Jones was diagnosed with stage 3 aggressive breast cancer. “The cancer had spread to my lymph nodes and there was a very large tumor sitting on my chest wall,” she said in a news release. “Because of my age and how aggressive the cancer was I began chemo treatments right away. I did six treatments of chemo followed by a double mastectomy and then six weeks (30 rounds) of radiation.” In April 2013 she had her first clean scan. But in July 2014 she found out the cancer was back. She is now a stage 4 cancer patient. She began chemo a month ago. She is fighting a tough battle for her family — husband Jeremy Jones, and boys Lincoln, 5 and Grant, 3. “There are alternative medicine treatments that are not ‘scientifically’ proven but are showing good results in fighting cancer,” she said. “I want to try these options, but they are costly. I have health insurance but as far as I know my insurance will not cover treatments that are not the medical standard practice.” To help pay for some of the treatment, there will be a fundraiser benefit from 11 a.m. until close Saturday at Horsefly. There will be live entertainment and a silent auction. Donations can also be made at San Juan Mountain Credit Union under the Jones Family Fund. People can see more about the event on Facebook at “Benefit Fundraiser for Desarae Jones.”
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from page 1 Gunnison County Sheriff Rick Besecker said recommendations concerning concentrates of pot in food products are important and that something “absolutely” needs to be put in place. But he doesn’t know that banning food products will actually happen, and limitations could take the form of yet more packaging and labeling restrictions, he added. “You legalize it to a full spectrum and then start gearing it back is kind of liking bringing in the horses after they’ve breached the fence,” Besecker said. “Also, you’re focusing in on a legal industry for food processing. It’s one of the ingredients in food. You’re not going to be able to necessarily field test home-cooked brownies.” The Lawrence recommendation predicts a positive effect on the general public and parents, whose concerns about infused edibles that look like traditional food items would be allayed. Users would also benefit by having clearer dosage information and greater uniformity of the information, the recommendation says. “In my opinion, it’s kind of skirting responsibility. I think that it is yet another sign of over-regulation,” said Steenblik. “The main concern is that the product could get into the hands
Christians living in a representative republic enjoy the privileges of freedom, which also incur serious responsibilities. It is appalling that many Christians in this nation do not vote for candidates who most likely would honor the will of God. We must measure candidates by our Christian standards. Since most who aspire for public office are not Bible Christians, we must chose the candidates who are closest to the standards of God’s word. We should consider the practices that government officials currently debate: homosexuality (Lev. 18:22, 20:13; Romans 1:24-27; 1 Cor. 6:9-11), abortion (Ex. 21:22-24; Psm. 139:13-16), divorce (Matt. 19:4-6; Romans 7:2-3) sexual immorality and pornography (Romans 13:13; 1 Cor. 6:15-16, 18), and capital punishment (Romans 13:3-4), as well as others. Who can deny that all of these involve deep spiritual principles? Our Lord, through the apostle Paul, commanded that “those who continue in sin, rebuke in the presence of all, so that the rest also will be fearful of sinning” (1 Timothy 5:20). How can we obey God’s word if we remain silent about these fundamental issues? Many faithful servants of God instructed government officials regarding such issues. Nathan rebuked David for adultery and murder (2 Sam. 12:1-15). John the Baptist spoke against Herod’s improper marriage relationship (Matt. 14:1-4). Paul warned Felix about his immoral conduct (Acts 24:25). Modern Christians can imitate these examples by public statements, by letters to elected officials, and by our vote. The apostle Paul often appealed to his rights as a Roman citizen for his protection against an abusive government (Acts 22:24-29, 25:10-12). Why should American Christians not likewise seek to protect ourselves from evil by exercising our right to vote? We must remember “That the Most High is ruler over the realm of mankind, and bestows it [government] on whom He wishes, and sets over it [government] the lowliest of men” (Daniel 4:17). People get the kind of government they deserve. We must be the righteous remnant that gives God a good reason to bless and preserve our nation (Romans 9:27). Remember, if God could have found a righteous remnant He would have spared Sodom and Gomorrah. Not finding that remnant, God had no option but to destroy those wicked cities (Gen. 19:24). As Christians we must conduct ourselves as the salt of the earth, the light of the world, a city set on a hill (Matt. 5:13-16). God has bestowed on us a stewardship and as His servants we must faithfully discharge our duties (1 Cor. 4:2) Please send any comments, questions, or requests for a Bible study to: info@sanjuanchurchofchrist.org
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