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Vol 130, no. 174
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Man works to save Dutch the dog; police detail attack Veteran hopes to halt attempt to euthanize canine companion
By Katharhynn Heidelberg Daily Press Senior Writer
War veteran Jeremiah Aguilar says his dog, Dutch, is not vicious and should not pay the ultimate price for having bitten his former owner last November. The story of Dutch, a 107-pound American Allaunt, who since the incident has been trained as a service dog, took social media by storm Friday, after reports surfaced that he had bitten a woman who allegedly “beat” him with her fists and then a metal pole. A petition to “Save Dutch”
from euthanasia drew thousands of signatures, while calls came to the Daily Press from as far away as Australia. But police say Dutch viciously attacked the woman after she broke up a fight between him and her family dog in her yard. She first tried hitting Dutch with her hands, then grabbed the pole from a tiki torch in an attempt to get Dutch off the other dog, authorities say. The woman was not identified, but Aguilar knows her well, and she was watching the dog for him. She sustained
a compound fracture to her finger and a damaged artery, as well as other bites after she took Dutch inside to clean blood from the dogfight off him, said Mike Duncan, supervisor for Montrose Animal Services. Aguilar has been cited under the city’s dangerous animal ordinance, while Dutch could be ordered euthanized after a Feb. 14 sentencing hearing. Aguilar is determined not to let that happen. “He’s not a vicious dog,” Aguilar said Friday. “That’s what we’re trying to fight. He’s
Courtesy Photo
Jeremiah and Heather Aguilar pose with their dog, Dutch, in this Facebook photo.
been ordered to be euthanized, and I’ve been trying to prove the fact that he’s not a vicious animal. ... He doesn’t deserve
to be euthanized. He was provoked.” Duncan and Montrose Police Chief Tom Chinn said they could not comment as to whether euthanasia would be ordered because Aguilar hasn’t yet been sentenced. “I think there’s some misinformation,” Chinn said. “The dog did bite. The lady has $24,000 in medical bills, as well. ... What the victim was trying to do was break up a dogfight. This dog was fighting with another dog.” Dutch had been hit with an object before attacking the see dutch, page A3
Sheriff IDs man shot By Katharhynn Heidelberg Daily Press Senior Writer
Montrose County Sheriff Rick Dunlap has identified the man shot Thursday in a Naturita traffic stop as Tryllen Richards, 32, of Naturita. Richard had been in a vehicle that was seen leaving a home where warrants were being served, Dunlap said. Deputies pulled over the vehicle, and shots were fired, though the sheriff was not able to provide details concerning the shots. Richards sustained a single gunshot wound and was airlifted for medical care. An update on his condition was not available, as St. Mary’s Hospital in Grand Junction was not able to locate a patient by his name. No decision has been made concerning charges in the matter, which remains under investigation by the Colorado Bureau of Investigation and the 7th Judicial District Critical Response Team. Dunlap also corrected information he had provided on Thursday. Dunlap had said four people were arrested in connection with warrants being served on behalf of the Naturita Marshal’s Office, but today clarified that only two people were. The sheriff ’s office identified the two as Ashley Ware, 25, for alleged failure to appear and Mechelle Lee, also for alleged failure to appear. Ware allegedly failed to appear on a Nucla harassment and driving under restraint case filed in September, according to the Montrose Combined Courts. Lee was sought for failure to appear on charges of meth possession, the courts said. What connection, if any, the two women have to Richards is not known.
Taxing issues
Montrose Library provides free tax forms, but not advice By Elaine Hale Jones Daily Press Lifestyles Editor
One of the many community services offered by the Montrose Regional Library is providing free income tax forms for the public. To date, however, not all of the forms have been sent to the library, and there has been some confusion about the library’s role is disseminating those materials. “We (library staff) do not provide tax advice, nor do we have control over when we receive the individual forms each year,” reference library Sara Anders said. Federal income tax forms that are currently available in the free room at the Montrose Library include: • Form 1040; schedule 1040A, 1040B, 1040C & 1040D • Form 1040A, 1040X, 1040EZ, 1040EZ Schedule C; Inst. 1040EZ • Form 1040 EIC (Earned Income Credit) • Form & Inst. 2441 (child & dependent care expenses) • Form 4562 (depreciation & amortization) • Form 4868 (file for an extension) • Form 5695 (residential energy credits) • Form 8283 (charitable contributions) • Form 8863 (education credits) • Publication 529 (miscellaneous deductions) Anders noted that the state of Colorado does not provide hard copies of tax forms. see tax, page A4
Pals
Nick Hotsenpiller takes time to visit the Montrose Animal Shelter and give a little love to a fourlegged friend on Friday, which was designated as Furry Friend Friday as part of the 28 Days of Generosity project in Montrose.
Inside the Daily Press Published for the Uncompahgre Valley and Bernard Smith of Montrose
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dutch: Dog bit, chased woman who broke up fight, police say Fox
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woman, Aguilar said. “That’s provocation, in my belief. We’re not trying to put bad names out there on animal control in Montrose, or the judge. That’s where my family is from. That’s where we live. I’m not trying to put bad PR out there on anybody. I’m just trying to fight.” Aguilar had left Dutch with the woman and a family member as he moved back and forth between Oklahoma with his wife. On Nov. 14, 2012, Dutch bit the woman. According to Duncan’s report, the woman had been home alone when she heard Dutch and her dog fighting in the backyard. “She went out to break up the fight, and Dutch would not stop attacking the other dog,” Duncan said. All the woman could think to do was to strike Dutch with her hands; it didn’t faze him. She retrieved a tiki torch pole that was in the yard, hit Dutch and the pipe bent. Aguilar said Dutch and the other dog, a 10-month-old pit bull, hadn’t fought before. “It wasn’t like my dog was fighting the dog to try to kill it. It was one of those dominance things. They’re both intact males,” he said. Duncan said that after separating the dogs, the woman began pulling Dutch toward her house, but he went after the other dog again, grabbing its leg. She was able to separate the two one
blankly into space. The roommate then let the other dog back into the house, and Dutch attacked it again, Duncan said. The roommate threw a framed picture to distract Dutch, then had to use its broken wooden frame to get him off the other dog. “That’s what she says,” Aguilar said. “She told us she put her hand in his mouth to try to take off the other dog, and she hurt her finger. They (animal control) told me from Day One that they’re on her side.” After the incident, he took Dutch to Oklahoma. Aguilar said he had to take the dog to a veterinarian because his eye and face were swollen. Aguilar also retrieved the tiki pole, which he found caked in blood, he said. He maintains that his dog was provoked. Duncan said the attack could have had an even worse result. “She is fortunate to have escaped that attack with her life. She loved that dog, but she is very concerned for anyone that is going to be around that dog from now on,” he said. Although police would not confirm an order for euthanization, Aguilar read what he said is a memorandum from animal control to Montrose Municipal Court. The memo recommends euthanasia because Dutch attacked his former owner, not a stranger, and she narrowly escaped with her life. The dog isn’t believed to be
more time and dragged Dutch inside. That’s when she saw blood around Dutch’s face and head. Duncan said that when the woman bent down to towel off the blood, Dutch lunged and bit her thigh, sinking his teeth to the bone. It took a few minutes with her hand in his mouth to get him to release his grip, and when he let go, she ran toward her bedroom, but tripped. “The dog jumped on top of her, holding her down on the floor and bit her left buttock. Once again, she could feel the teeth penetrate to the bone,” Duncan said. The woman again tried to pry Dutch’s jaws apart. He bit down harder, inflicting a compound fracture to her middle finger, damaging an artery there. She fought free and closed her bedroom door, which Dutch then “rammed” repeatedly, Duncan said. The woman called her fiance and their roommate to come back from work. “She was afraid to call for assistance from the police department; she was afraid to call an ambulance because of (the possibility) of the dog attacking whoever would come through the door to assist her,” Duncan said. “She is very concerned that this type of attack may happen to someone else.” When the fiance and roommate got home, they found Dutch staring
safe, the memo says. Aguilar is compiling reams of evidence that he hopes will convince the municipal judge that Dutch isn’t vicious. Dutch had previously received some training as a service dog, but that was interrupted when Aguilar briefly moved back to Montrose. Since returning to Oklahoma, Dutch has completed the training and appeared in several crowded public areas with no problems, Aguilar said. Everywhere he would go, he would tell Dutch’s story. He’d never planned on it igniting cyberspace, Aguilar said, urging Dutch’s defenders not to attack Montrose officials or the dog’s former owner. He has taken the dog to certified trainers for temperament and other testing, which Dutch easily passed. One trainer deliberately acted aggressively toward Dutch on their first meeting; Dutch responded by licking her face, Aguilar said. “We’re just trying to fight for the dog’s life,” he said. “If they still go through with an order of euthanasia, I will appeal it, and we’ll go through a retrial. I’m just trying to save my dog at all costs,” Aguilar said. An earlier version of this story was published online Friday. The Daily Press as a matter of policy does not ordinarily allow online comments on crime stories. Letters on this subject may be sent to
editor@montrosepress. com. You must provide your legal name, and, for purposes of verification, your address and daytime telephone number. Letters are limited to 300 words. Submission does not guarantee publication.
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New info on Old Spanish Trail offered Jon Horn of Montrose’s Alpine Archaeology will present new information on the Old Spanish Trail at a lecture later this month in Delta. In 2010 and 2011, Alpine conducted research on and searched for evidence of the Old Spanish Trail in Colorado and Utah as part of the Bureau of Land Management’s National Historic Trails Project, according to a press release. As a result of that project, the firm documented 69 miles of the route in Colorado and 204 miles in Utah. Horn’s lecture will focus on the evidence Alpine found in Western Colorado and Eastern Utah. It will provide information about the focus of fieldwork efforts, what Alpine personnel identified on the ground, how later travel has altered the original trail or left portions intact and discoveries that were made since the project was concluded. The lecture will take place at 7 p.m. on Tuesday, Feb. 26 at the Bill Heddles Recreation Center, 530 Gunnison River Drive in Delta. It is free and open to the public, with doors opening at 6:30 p.m. “The Old Spanish Trail runs through two [national conservation areas] in western Colorado,” Rosa Brey of the of the Colorado Canyons Association stated in the press release. “We are excited to work with our community partners to bring this updated information on our great local resource to the public as part of our annual lecture series.” Horn is a historian and archaeologist with more than 30 years of experience working in all of the Western states except Nevada. He is one of the founders of Alpine Archaeological Consultants. “I have had a long-term interest in the history and archaeology of Colorado and Utah, and have been fortunate to be able to have worked on a large number of overland trails in addition to the Old Spanish Trail,” he stated in the release.
Insurance agency offering donations Local insurance agent Howard Davidson has come up with a new way to support local charities as part of Montrose’s 28 Days of Generosity project. Davidson, who operates a Farmers Insurance agency in Montrose, said he will donate $100 to the registered local charity of choice for every person
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Lease foes see ‘precedent setting’ win BLM ordered to disclose info on potential bidders By Katharhynn Heidelberg Daily Press Senior Writer
Katrina Kinsley/Daily Press
Jeremiah Aguilar, left, is comforted by his wife Heather as they listen to testimony from the woman who their dog, Dutch, attacked in November.
No reprieve for Dutch the dog Veteran to appeal; attack victim tells of ‘horrific’ aftermath By Katharhynn Heidelberg Daily Press Senior Writer
Katrina Kinsley/Daily Press
City of Montrose Animal Control officer Christine Gibson listens to a question from the Aguilars’ attorney during Thursday’s sentencing hearing.
A tale of two nightmares was heard Thursday in Municipal Court. In the defendant’s chair sat Jeremiah Aguilar — a veteran who said he is on 100-percent disability from posttraumatic stress — fighting for the life of the dog he said is his saving grace. He sat with a bowed head when Judge Richard Brown announced he would not change a previous order of euthanization. At the opposite end of the table sat the woman that Dutch, an American Allaunt, attacked and severely injured on Nov. 14, 2012, while she was caring for him at her home. In a breaking voice, she, too, told of post-traumatic stress, saying she experiences it due to the attack and threats received after Dutch’s story went viral last week.
The court had also received a raft of unpleasant communication, Brown said. “I went through this horrific experience and almost lost my life,” the woman said, breaking down. “It’s hurt me greatly, what they’re putting me through. We’re just really sad about this situation. It’s hard that I almost lost my life, and then to be treated this way ... I just want this over so I can go on with my life.” Her finger, which Dutch bit hard enough to break and inflict tendon damage, was still in a brace. Photos from the court file showed the extent of bites to her upper thigh and backside. Her medical bills topped $28,000, it was said in court. Evidence at a January trial established that the woman had broken up a see dutch, page A4
Mexico wants new statements in murder case By Katharhynn Heidelberg Daily Press Senior Writer
The Mexican government has requested fresh interviews of witnesses more than six years after Marco Vargas-Salvador was gunned down in front of a Montrose bar. Miguel Godinez, Gilberto Godinez, and their nephew, Luis Partida, are accused in Vargas-Salvador’s shooting here on Oct. 28, 2006. He died early the next morning. According to warrants issued at the time, Miguel Godinez was sought on suspicion of first-degree murder; Gilberto Godinez was sought as an alleged complicitor, and Partida was accused of being an accessory. The three were arrested in Nayarit, Mexico, in 2011. Under a bilateral treaty, the men are being tried in Mexico for first-degree murder committed in a foreign country. They face between 22 and 40 years in prison if found guilty. The trial is being conducted by documentation and written statements, not live testimony. Mexican officials recently asked the Montrose Police Department to re-interview witnesses. Now, efforts are under way to contact the witnesses and arrange to take them to the Colorado Attorney General’s Office in Denver to give statements and depositions. “The big thing is finding the witnesses,” said Montrose Police Chief Tom Chinn. “We’ve had a few years since we did this (the first time).
Locating all of the people and getting everyone there may be a real challenge.” Chinn said no one has shared with him why Mexican authorities want fresh statements. Vargas-Salvador was 25 and here on a work visa when he was killed. He reportedly got into an argument with other men inside a local bar. When he left a while later, men confronted him and another argument ensued, during which one of the men waved a .45 caliber gun and fired shots into the air. Vargas-Salvador was then shot twice in the head, according to police. The shots were “rapidly fatal,” his autopsy report says. Each wound taken singly would have killed him. One bullet hit his lip, broke his jaw and burrowed into his brain, disrupting the artery that supplies blood to the organ. The other bullet hit him in the eyebrow, went through his brain and out the back of his skull. The Godinezes and Partida were allegedly seen driving away from the scene — so quickly that they hit another vehicle. Witnesses told police the men fled to Mexico. The Godinezes were eventually tracked to their parents’ home and placed under surveillance before being arrested on Aug. 12, 2011. Partida was captured the next day. It is not known how long the court case in Mexico might take.
Inside the Daily Press Published for the Uncompahgre Valley and Ernest Creel of Montrose
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Sports:
Lady Pirates topple Cowboys Page A9
Home, Garden ADFMRISESI E ON & Business
Arguments against letting the public know certain information about who is bidding on oil and gas leases on public lands don’t wash, U.S. District Senior Judge Richard Matsch said in a Wednesday order. Matsch ruled in favor of Paoniabased Citizens for A Healthy Community and Western Environmental Law Center, which sued in 2012. He ordered the BLM to turn over within 30 days information from those who had submitted “expressions of interest” on lease-eligible parcels. The agency does have the option of further appeals. “It’s a precedent-setting lawsuit that will have implications for the BLM nationwide,” said Jim Ramey of Citizens for A Healthy Community on Thursday. The group and Western Environmental Law Center — which are opposed to energy extraction on certain Bureau of Land Management nominated parcels in the North Fork Valley — had asked the BLM to identify those who had submitted “expressions of interest” on the nominated parcels and all related documents. The organizations appealed when the BLM denied the request for the names and addresses of two entities that had submitted expressions of interest. According to Matsch’s order, the BLM claimed it was exempt from disclosing that information because the expressions of interest contained privileged or confidential commercial financial information. The information required for the expression of interest is limited to name, address, phone number, legal descriptions on parcels, and the names and addresses of private surface owners, according to Matsch’s order. The BLM’s policy is to treat all parties that apply confidentially, even if they have not requested it, until two business days after a lease sale, his order explained. “The contention is that exploration for oil and gas on public lands is very competitive,” and that the interested parties undertake investigative work on the parcels in which they are interested, Matsch wrote. The BLM’s justification for confidentiality is also based on the idea that this investigative work is protected information “and that when the submitter’s interest is known to its competitors, they obtain an unfair advantage and will bid against the submitter,” Matsch’s order says. “That contention runs directly contrary to the purpose of the public sale process,” he said. “Competition in bidding advances the purpose of getting a fair price for a lease of publicly owned minerals.” Further, the submitter’s identity could be relevant to Citizens for A Healthy Community and others concerned about the stewardship records of potential owners, Matsch said, calling that “a factor relevant to the environmental impact of the proposed sale.” see blm, page A3
Today’s Weather Partly cloudy. High around 36. See details, A13
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Local dutch: Judge takes Internet reports to task
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from page 1 dog fight and that Dutch repeatedly attacked her after he was taken inside, Brown said. Aguilar maintains that his dog was provoked. “He’s not what they say he is,” Aguilar said, disputing Animal Control’s finding that Dutch is vicious and dangerous. Thursday’s hearing was held for purposes of sentencing Aguilar and so the judge could hear mitigating — and aggravating — factors as to Dutch. Brown said nothing presented justifies reversing the previous order. Aguilar was told to surrender Dutch to Animal Control, but because he is appealing to Montrose County Court, euthanasia is not imminent. Aguilar had not turned over the dog as of 5:30 p.m. Thursday, Animal Control Supervisor Mike Duncan said. Aguilar did not immediately return a message left Thursday evening. Aguilar was also fined $500, with $250 suspended. He was ordered to pay $1,000 in restitution and was sentenced to 20 days in jail, with 18 suspended. Aguilar is further prohibited from making Internet postings concerning the victim. The case captured worldwide attention last week after a story on a dog advocacy website went viral. The initial story, which since has been updated, portrayed the victim as a dog beater and Dutch as a service dog who was defending himself. More than 200,000 people have signed online petitions in support of Dutch. But the portrayal doesn’t match the facts, Brown said. Dutch was
not a service dog at the time of the attack, and he bit the woman — a former owner who had raised him as a puppy — repeatedly after he was separated from the other dog and taken inside. “I understand that emotions have become very high. You would have to be a complete village idiot not to know what’s going on,” Brown said. “This was not defensive behavior,” Animal Control Officer Christine Gibson told the court, describing the intensity of the attack. Contrary to what some have opined, Dutch was not in fear of his life by the time he began biting the woman, she said. The woman was watching Dutch for Aguilar when a fight broke out in the yard between Dutch and her dog, Artex. She said she had to hit Dutch with her hands and then hit him with a flimsy tiki torch pole to break it up. Once she got him inside, she tried to clean him up, and he lunged, biting her in the thigh down to the bone, it was said in court. Per official reports: The woman attempted to take refuge in her room, but fell, and Dutch leapt on top of her, biting her buttock and again hitting bone. It was in prying his jaws loose that the woman’s finger was bitten and broken. She was able to get free, barricade herself in her bedroom and call her fiancé — telling him to be ready to use his gun — while Dutch repeatedly rammed himself against the door and reportedly attacked furniture. Defense attorney Amy Ondos repeatedly questioned why the victim called her fiancé rather than 911. The woman has said she feared for the safety of first responders, according to Animal Control. “I have nightmares, visions of me dead on the floor,” she said. Dutch was “unsatisfied” when he couldn’t get at Artex, she said,
but he hadn’t tried to bite her until they were inside the house and she went to clean blood off him. When he bit her the second time, she could feel him “tugging,” she said. “I couldn’t budge. He had all his weight on me. I saw myself dead on the floor. ... He was not going to stop. I’m lucky I got away,” the woman said. Gibson said temperament testing Aguilar obtained for Dutch after the incident is more accurately behavioral testing. True temperament testing takes place repeatedly, over an extended period, she said. Ondos later asked Gibson whether she had extensive exposure to Dutch, and she said no. Defense witness James Kohout of Canine Manners said he put Dutch through several tests in a fivehour period Tuesday. At no point did Dutch act aggressively, even when Kohout pretended to beat him; instead, he acted playfully or hid behind Aguilar. In a live test for a TV station, Kohout approached Dutch threateningly with a metal stick. “He just acted like he wanted to play with the stick,” Kohout said. Dutch even took a treat that the TV reporter held in her mouth, he said. “At this point, the dog should’ve aggressed. I stand by my statement that this is not a vicious dog,” Kohout said. Aguilar said the dog is vital to getting him through post-traumatic stress episodes, including severe nightmares. He said that on Wednesday, he had to be admitted to the hospital because he was so anxious over Dutch that he passed out. “It was the thought of having to have him put down,” Aguilar said. “I had an anxiety attack. ... I felt my head was going to explode.” Losing Dutch would be like losing a family member, he said. “Have you thought about the injuries to the victim?” City Attorney
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Russ Duree asked. Aguilar said he feels bad for the woman and has nothing against her. He and his wife even helped her immediately after the attack, he said. Brown said many aspects of the case are troubling, including criticism of the woman’s actions. “None of us were there, were we? I find no fault in the victim here,” he said. The court could not be convinced that Internet reports were true, he said. “What seems to have come across is that the victim savagely and mercilessly beat the dog for no reason at all,” Brown said. “The impression created on the Internet is far different than reality. You (Aguilar) didn’t do it, but people have done it for you. What’s been created is a lynch mob mentality.” Brown said he didn’t see a lot of remorse in Aguilar, and that some of the things others put online come perilously close to witness intimidation, which in Colorado is chargeable as a felony. He called the Internet postings an effective pre-emptive strike that played on the public’s love of veterans and animals, and which further cast the victim as having deserved what happened. “This is a classic example of a lynch mob mentality created on the Internet,” Brown said. No one likes euthanasia and “only once in a blue moon” does he receive such a recommendation, the judge added. He paused for a full minute to demonstrate how slowly time can pass when one is being attacked. The woman’s ordeal had lasted several minutes, he said. “I know you want me to take a chance on Dutch. Believe me, I understand that every time we’re dealing with an animal, we’re dealing with a family pet,” Brown said. It would be an “easy out” to allow Aguilar to take Dutch to Oklahoma, he said. “I’m not willing to take that risk. It could very well be that nothing will ever happen again, but there’s absolutely no assurance that it won’t,” the judge said. Ondos said she will appeal the decision. The process can take months.
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TUESDAY
MONTROSE
May 28, 2013
VOL 130, NO. 266 75 cents MONTROSE, CO 81401 www.montrosepress.com
Dutch’s owner turns self in Veterans support one of their own in dog-bite case By Katharhynn Heidelberg Daily Press Senior Writer
Katharhynn Heidelberg/Daily Press
Jeremiah Aguilar, left, listens as fellow veteran Rick Crabtree points out a section of the Colorado Peace Officer’s handbook on Monday, just before Aguilar turned himself in on a city warrant related to his vicious dog case.
LuAnne Tyrrell/Special to the Daily Press
Members of the Montrose Disabled American Veterans prepare to fire a 21-gun salute at Cedar Creek Cemetery Monday.
Montrose remembers Departed veterans honored at two ceremonies By Katharhynn Heidelberg Daily Press Senior Writer
leo Elliott stood in the hot sun at Grandview Cemetery Monday, proudly wearing his uniform, and remembering having had his boots on the ground at Iwo Jima. He was also remembering another veteran on Memorial Day — his grandson, Army Spc. Chris Sitton, whose flag-bedecked stone rested a few steps from Elliott’s side. Sitton was 21 in 2006, when he was killed by an improvised explosive device in Afghanistan. In the recent conflicts, Montrose has also buried a young Marine, Lance Cpl. Chad Maynard who died in Iraq. “I landed on the second day,” Elliott, 96, recalled of his service at Iwo Jima. He said he spent much of his month of service there recovering from stab wounds and a fever. Elliott also burned his hands while rescuing others from a tank fire. “After we got back to Guam and were getting ready for another landing, they dropped the two bombs” on Nagasaki and Hiroshima. “The war was over then. I was sent to northern China to repatriate the Japanese who were in china to the USS Oklahoma.” Elliott earned three Purple Hearts, the Bronze Star and two battle stars. He still carries shrapnel in his legs, and his grandson and other fallen servicemen and women in his heart. So did other members of the Veterans of Foreign Wars Post 784, who had gathered at Grandview, and members of the Disabled American Veterans, who conducted a Memorial Day ceremony earlier in the morning at Cedar Creek Cemetery. “We will never know all the heroic deed of those we honor today,” said
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LuAnne Tyrrell/Special to the Daily Press
Flags marking the graves of Montrose’s war dead wave in the foreground as the Veterans of Foreign Wars conduct a Memorial Day ceremony at Grandview Cemetery on Monday. DAV Cmdr. Gary Gtratton, who noted that the men and women who answered their nation’s call didn’t sign up to be heroes. “These were simply men and women who put their country’s needs above their own,” he said. Gratton said he is a true believer in the statement that America is the land of the free because of the brave. Bravery, he said, is knowing the dangers, but pushing ahead for the greater good. Those who have fought in all our wars did just that, he said. “They did it anyway. That’s bravery,” Gratton said, before reading selections from Andrew Carroll’s compilation “War Letters.” From nurse Clara Barton in 1862, to the WWII lieutenant writing to the newborn daughter he had yet to meet, the letters all had a common theme: the horror of war, and the honor of sacrifice.
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“If we are not brave, we soon shall not be free,” Gratton said. “We honor those lying here in rest today and those lying in fields of stone and brass (plaques) around the country. ... To keep this country free demands that we be brave.” At Grandview later, VFW chaplain Jerry Muzzy wore a flying scarf in honor of a family member, Dean Smith, who was shot down in WWII. “As comrade after comrade departs, we march on with the ranks thinner and thinner,” Muzzy said, praying for mercy and comfort to the fallen’s family, as well as for peace and righteousness for the country. The VFW marked the day with the solemn placement of wreaths, as well as flowers representing purity and those who fell. The Ladies Auxiliary placed an emblem representing life everlasting, to immortalize America’s war dead.
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Those greeting Jeremiah Aguilar as he turned himself in on a warrant Memorial Day were small in number, but vocal in their support of the Army veteran, who is fighting his Municipal Court conviction of ownership of a dangerous animal. Aguilar is also fighting to save his service dog, an American Allaunt named Dutch, which was ordered euthanized after a Nov. 14, 2012 attack on a Montrose woman, his former owner. The dog was in the woman’s care at the time and bit her three times after she broke up a fight between him and her dog, then took him inside her home. Aguilar said the dog was provoked. He also said Dutch is a service dog, and helps him cope with post-traumatic stress disorder. Aguilar appealed his conviction to the Montrose County Court, but was to surrender the dog during his appeal and did not. He also failed to show up for a Municipal Court hearing in April, which led to an arrest warrant. Aguilar surrendered himself Monday in order to preserve his right to an appeal, and was expected to bond out after booking formalities. “Everyone is trying to do the right thing,” said Rick Crabtree, a decorated disabled veteran, who, like others in the group said the Americans With Disabilities Act wasn’t fully complied with when it came to Aguilar’s high-profile case. He and veteran Hal Emick also said the current edition of the Colorado Peace Officer’s handbook needs far more information when it comes to dealing with the disabled. “When you have emotions going on, there can be confusion,” Crabtree said “... Federal law was either misunderstood here or there was no understanding. Obviously, the dog did some damage. That doesn’t make Aguilar guilty.” Crabtree said because Aguilar wasn’t present at the time of the biting incident, he should not have been cited. see dog, page A3
Local/State
Montrose Daily Press
Tuesday, May 28, 2013
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dog: Aguilar to be booked and bonded, attorney says vice dog, and Luna said that status could become part of what is presented in court. He said, however, that the case before the court is whether Dutch is dangerous, not whether he is a service dog, or was one at the time of the attack. “The plan is to let the jury decide (if Dutch is dangerous). I don’t believe in litigating in front of the court of public opinion,” Luna said. Feelings have run high in that unofficial court. Although the biting incident occurred last November, the public did not catch wind of it until early February, when a dog lovers’ site portrayed the victim as having maliciously beaten Dutch prior to the attack. Those initial reports — strongly refuted by the City of Montrose’s Animal Control officials — ignited worldwide interest in Dutch’s case. Per court records, Dutch had bit the woman during an attack inside her home, puncturing her to the bone twice and inflicting a compound fracture and tendon damage to her finger on the third bite. The woman had used a lightweight pole to break up a fight between Dutch and her pit bull, then took Dutch into her home, while leaving her dog in the yard, authorities said. Dutch bit her when she tried to clean blood from his face. He bit her again after she tripped while trying to reach her bedroom, and a third time as she pried his jaws from her body. Dutch also attacked and heavily damaged wooden furniture in the home, court records and accompanying pictures indicate. Aguilar was convicted at a court trial and sentenced
Emick would later tell TV cameras that he viewed the case as “a war on patriotism” and he said the euthanasia order on Dutch was compounding Aguilar’s PTSD injury. The city should drop the case, said Jerry Gallegos, a Grand Junction-based consultant for the ADA. He also called for trained ADA coordinators within Montrose law enforcement agencies. Gallegos said that by law, such coordinators have to be made available to defendants who are disabled. The city attorney was not working Monday, because it was a holiday and could not be reached for comment. “We’re trying to educate,” Gallegos said. “This is our way of celebrating Memorial Day, by supporting this gentleman.” Gallegos also said that because the bite-victim was caring for Dutch when she was attacked, Aguilar is not to blame. By law, a dog’s owner is responsible if it attacks a person or another animal, even if the owner doesn’t know that his or her dog might become aggressive, said Brandon Luna, Aguilar’s new attorney. “Stunningly, there’s no knowledge requirement,” Luna said. The possibility that Dutch was provoked is a potential defense, Luna said, but he just recently came aboard as Aguilar’s attorney and a decision has not been made. Emick and others spoke of Dutch’s status as a ser-
to 20 days in jail, with 18 suspended. Dutch was ordered destroyed, but that order was stayed pending Aguilar’s appeal. The city sought to have the appeal vacated after Aguilar’s failure to appear for the April hearing. “The (county) judge allowed him the (opportunity) to turn himself in and preserve the appeal,” Luna said on Monday. He said his client was “optimistic” about his chances. “In the end, all he wants is his case heard by a jury. He never had any intention of putting his appeal at risk,” Luna said. “It really is a matter for the courts to decide. The evidence will always rule the day.” Aguilar has twin goals of overturning his conviction on saving Dutch, Luna said. “The two go hand-in-hand. The goal is to keep Dutch safe. He does care very greatly about Dutch.” Luna said he is grateful for the show of support Aguilar received Monday. Being charged is traumatic, and knowing one has defenders is important, he said. “I think it’s nice. I’ve never seen anything like this,” he said. According to information from the courts on Friday, a review was set for today, although Aguilar was not listed on today’s docket. What information might come before a jury is to be hashed out at upcoming motions hearings, Luna said.
With governor on hand, bridge dedicated in Haining’s memory The country has changed a lot since the early 1970s when it comes to veterans returning home, and much of that change was reflected on Thursday during the dedication of the new Pfc. Paul Haining Bridge in Placerville. Colorado Gov. John Hickenlooper was on hand and spoke about efforts to welcome veterans home after they’ve served. Hickenlooper joined local officials and others as they honored Pfc. Paul Haining, who was killed in 1970 while serving the U.S. Army in South Vietnam. With an occasional gust of wind, the flags lofted by members of the Patriot Guard Riders showed their full colors as the Haining family gathered for the dedication. “I grew up during the Vietnam War, and I remember vividly when the kids came back from Vietnam,” Hickenlooper told the crowd.
with brother Leonard serving in Vietnam and Daniel becoming a Navy man. Leonard and Daniel were in attendance along with Haining’s other brother Glen. Hickenlooper said he hopes the recognition of Haining will be lasting. “I want to make this recognition, not just today, but ongoing forever,” Hickenlooper said. “The community really came together on this, and we made it work.” After the speeches, Hickenlooper presented the family with flags that have been flown over the Pentagon in Washington, D.C. in Haining’s honor. Brian Ahern, the American Legion Austin A. Hiett Post #12 Commander, donated the flags, which were flown by his brother. Ahern was responsible for organizing the event and helped to get the bridge-naming legislation passed. In January, the Colorado House and Senate unanimously approved
“It’s not like it is today. We go to a great deal of effort all over the state of Colorado to make sure that the returning vets get a warm welcome home and the respect they deserve, that they’ve earned.” More than 40 people were in attendance and watched as Haining’s brothers unveiled a plaque of their late brother framed by mine rails. The plaque, installed on the grassy area near the Placerville Fire Department building, features a bust of Haining and an inscription of his story. Local Army veteran and artist Richard Arnold sculpted the bronze plaque. Haining was 20 when he died in Phuoc Long Province in South Vietnam. He was a 1967 graduate of Telluride High School and his name can be found on the Washington, D.C. Vietnam Veterans Memorial Wall as casualty No. 51,981 on panel 8W, row 46. The Hainings were a military family,
State News In Brief
a resolution to name the bridge after Haining. The effort began when San Miguel County Sheriff Bill Masters discovered Haining’s headstone in Placerville a few years ago and decided something should be done to remember him. It has been propelled by a group of local officials including representatives of the American Legion and District 58 Rep. Don Coram, R-Montrose, who introduced the resolution. Coram and District 6 State Sen. Ellen Roberts, R-Durango, were both in attendance at Thursday’s ceremony. The Colorado Department of Transportation is close to finishing the $7 million project. According to a CDOT release, the bridge is expected to be complete within a couple of weeks. It is replacing an older bridge that was built in 1954.
Top water decisionmakers from seven Western states plan to join conservation groups and Indian tribes in San Diego on Tuesday to begin hammering out rules for squeezing every useable drop from the overtaxed Colorado River. The work meeting hosted by federal water managers comes amid dire predictions for the waterway. The U.S. interior secretary five months ago issued a call to arms and declared that the river already described
DENVER (AP) — A young boy allegedly abducted from his Colorado home by his father was looking forward to coming home from Canada, his mother said on Monday. “He was very excited to talk to me,” Brandy Turner said, recounting a Sunday phone conversation with her 3-year-old son Luke. Authorities hoped to return the boy to his mother
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on Monday, but she had no rette and saw her husband in the backyard as Luke further details. was having breakfast, the Authorities said Monty Longmont Daily TimesTurner, 51, broke into his Call reported Monday wife’s home in Long(http://preview.tinyurl. mont, Colo., on Saturday, com/oqdlyay). attacked her with pepper She said she went inspray and a stun gun, and side, closed and locked the took their son. The father door, and tried to call 911, was prohibited by a court but Monty Turner forced order from making conhis way inside and threw tact. Monty Turner was the phone to the floor. arrested Sunday in BranDuring a scuffle, pepper don, Manitoba, with the spray was shot into her boy, who was unharmed, face and she felt an elecauthorities said. tric shock she believed to Prosecutors in Colobe from a stun gun, she rado were working with told the newspaper. Canadian officials to get custody of the father, who was jailed in Manitoba on suspicion of kidnapping, burglary and assault. It DRIVE-IN wasn’t known if he had a 600 E. Miami ★ 249-6170 lawyer. www.stardrivein.com ★ ★ Brandy Turner told Open every SHOWING FRI.,night!! SAT. & ★ police she stepped outside ★ nOW ShOWing: her home to smoke a ciga- ★ SUN., APRIL 1, 2, & 3 ★ XNLV91052
BOULDER (AP) — Even on a sweltering day, this race really was no sweat for Allan Kiprono. The Kenyan felt right at home on the challenging 10-kilometer course as he breezed to his second straight title at the Bolder Boulder on Monday. No surprise he was so comfortable since he moved to the city two months ago for the simple reason of training for the Memorial Day race. Once inside Folsom Field and nearing the finish line, Kiprono kept glancing over his shoulder, just to see if anyone was closing the gap. Like he had to worry on a day when Kiprono’s blistering pace wilted competitors almost as much as the searing temperatures. Kiprono’s strong finish led Kenya to the International Team Challenge title, ending Ethiopia’s six-year reign in the race.
as the most plumbed and regulated in the world would be unable to meet demands of a growing regional population over the next 50 years.
at Centennial Middle School and Olathe Elementary School Montrose Students entering grades 1-8 and Olathe grades K-8 are welcome to attend!! When: •••••••••••••••••••••••••••••••••••••• Session I: June 3 – 13, 2013 (Mon. – Thurs.) Session II: June 17 – 27, 2013 (Mon. – Thurs.) Times: •••••••••••••••••••••••••••••••••••••• Montrose: 7:30 a.m. – 12:00 p.m. Olathe: 7:30 a.m. – 4:30 p.m. Fees: •••••••••••••••••••••••••••••••••••••• Students who have been approved by MCSD RE-1J For Reduced or Free lunch program qualify for the Reduced fees as indicated below: Montrose: $100.00 per 2 week session – full $60.00 per 2 week session - reduced $40.00 per 2 week session – free Olathe: $140.00 per 2 week session – full $85.00 per 2 week session – reduced $60.00 per 2 week session – free Breakfast, lunch and transportation are provided at no additional cost!
First published in the Telluride Daily Planet. Reprinted with permission.
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TUESDAY
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June 25, 2013
VOL 130, NO. 290 75 cents MONTROSE, CO 81401
Owner surrenders Dutch the dog
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Veteran will comply with the system, attorney says By Katharhynn Heidelberg Daily Press Senior Writer
‘
Kyle Mittan/Daily Press
Col. Hal Emick, left, speaks on behalf of Jeremiah Aguilar, seated, following attorney Brandon Luna’s comments regarding the case involving Dutch the dog on Monday at the Warrior Resource Center. Aguilar turned Dutch in to the Montrose Animal Shelter on Monday.
It takes a team
Dozens of hands camped out at Columbine to battle East Fork Fire By Katharhynn Heidelberg and Kyle Mittan Daily Press Writers
Firefighters battling the East Fork Fire in remote Gunnison County caught a break Monday morning and afternoon — the fire was quiet, and as of 6 p.m., had shown no significant growth. The lightning-sparked blaze broke out June 15 a few miles from Silver Jack Reservoir and about 13 miles northeast of Ridgway. It re-emerged a few days later, charring 15 acres, but grew overnight to 120 acres, then ballooned to 370, and at last count, to 415 acres in rugged, hard to access terrain. The fire was encroaching on cabins, but conditions Monday gave crews time to build contingency lines, fire information officer Rick Barton said. (See related.) Successful fire suppression takes more than lucky breaks, though. It involves skill, hard work, a team effort — and logistical organization that might not be readily apparent. “Things start early and end late,” said Lora Schmillen, a fire information officer for the Grand Mesa, Uncompahgre and Gunnison National Forests on Monday, as she and Barton showed the Daily Press around an incident command camp set up at Montrose’s Columbine Middle School. Columbine Field and the school’s buildings are see CAMP, page A3
Kyle Mittan/Daily Press
Tents set up in a field behind Columbine Middle School serve as the new living quarters for the firefighters battling the East Fork Fire southeast of Montrose. The fire’s incident command team has taken over the school, using its classrooms as a makeshift command center.
Inside the Daily Press Published for the Uncompahgre Valley and Robert Bullock of Olathe
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Smoke billows into the air from the East Fork Fire in rural Gunnison County Saturday.
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Unable to leave the state unless he surrenders his dog to Animal Control — and at risk of losing is appellate right if found in contempt of a lower court — veteran Jeremiah Aguilar on Monday made a “difficult decision.” He turned over Dutch, the American Allaunt he uses as a service dog. The canine is at the center of a controversy that erupted after he reportedly bit a former owner three times last year, severely injuring her. At the crux of the case: Aguilar and his supporters maintain that his dog was provoked, while authorities say he wasn’t. Officials reported that Dutch bit the woman three times, sinking his teeth down to the bone, after she broke up a dog fight between him and her pit bull last November. The attack occurred inside the woman’s home, after the fight was over, authorities said. Aguilar was not present when the woman was attacked. A dog’s owner is responsible if it attacks a person or another animal, even if the owner doesn’t know that his or her dog might become aggressive, his attorney previously explained. “He made a difficult decision. He completely intends to fight for He made a difficult Dutch,” attorney Brandon Luna said decision. He completely Monday, when intends to fight for Dutch.’ on Aguilar met with a few supporters in Montrose before Brandon Luna heading to the Municipal Court to Attorney for Jeremiah Aguilar report to the clerk. s “He also has to fight for the rights he’s got” at trial. The dog is not in immediate danger of being put down, Luna said. Aguilar does, however, hope to be able to place him in a facility other than the Montrose Animal Shelter, which is obligated to safely keep Dutch for the time being. Luna would repeatedly acknowledge supporters’ passionate sentiments — including statements that suggested a veterans’ revolt — but reminded them that Aguilar intends to work within the judicial system. Aguilar was convicted of ownership of a dangerous animal, and in February, Municipal Judge Richard Brown upheld an earlier order of euthanasia for Dutch. He immediately stayed the order pending Aguilar’s appeal, however. Brown has also indicated a willingness to have Dutch go to an approved animal sanctuary, but Dutch was to be turned over to Animal Control in the meantime. He said it was never said that Dutch was going to be immediately euthanized. Aguilar did not surrender Dutch as ordered, triggering a contempt hearing. He did not appear at an April setting in that matter, and a municipal warrant was issued. (Aguilar would later testify that his former attorney had told him not to come; the court noted that the previous attorney had not confirmed that information.) Dutch was apparently placed in an Oklahoma sanctuary, but Brown said neither Aguilar nor the city had the right to unilaterally decide where to place the dog. City attorney Steve Alcorn argued that Aguilar could not avail himself of remedies through the county court, which is hearing the appeal, when he was ignoring the orders of the Municipal Court. Aguilar on Memorial Day turned himself in on the warrant, bonded out and appeared in Municipal Court. Surrendering Dutch would halt the contempt citation, the court indicated. Aguilar was also told he could not leave the state unless Dutch was turned in. Aguilar was put in a tough spot, but decided he could more effectively wage a legal battle if he was free, Luna said. “He fought to uphold the Constitution,” Luna said, adding that Aguilar’s continuing fight must stay within the confines of the legal system. “We fought them as best we could, for as long as we could,” Luna said. “He’s not (caving in). The system gave him no choice. The system must be followed. We have to follow the rules. We all do. “Jeremiah wants to walk high, he wants to walk tall and face his accuser.” Luna said the city has promised to keep Dutch safe. “We believe Dutch is where he needs to be to allow Jeremiah to do what he needs to do,” Luna said. Hal Emick, a retired colonel, said he would be checking on Dutch’s well being regardless. “We are veterans,” he said. When a government doesn’t listen to the people, it’s “grounds for an overthrow, if necessary. ... This is what we ran into with King George (III).” Emick said Dutch was provoked. The bite victim had to strike him with a lightweight metal tiki torch pole to break up the dogfight, according to previous court statements. This was characterized in initial online reports as her maliciously beating Dutch. Brown found that the biting occurred after the dogfight was over and after Dutch was inside the victim’s home while her dog remained in the yard. According to the court record and official statements: see DUTCH, page A3
Local CAMp: Fire reported holding steady Monday Montrose Daily Press
Tuesday, June 25, 2013
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“The incident command system can expand or contract,” depending on needs, Barton said. Members working within the system are pre-trained for their jobs, and also crosstrained, just in case. Equipment on the fire includes 10 engines, two bulldozers, one water tender and three helicopters. Suppression and related costs were estimated at $350,000 Monday morning.
hosting approximately 160 firefighters, support crews (about 250 people, in all), mobile catering units, mess tents, portable clean-up stations, toilets and other amenities. Each morning at 6, crews — both in Montrose and in the “spike camp” set up closer to the fire — attend a briefing. The briefing covers the day’s incident action plan, special needs and what is going on with the fire. “This pretty much is the bible about how the fire is going to be run,” Schmillen said. The action plan includes incident objectives, organization assignment lists, fire behavior forecasts and safety alerts, such as Monday’s notification concerning snags and hazard trees with weakened root systems that would pose danger, especially if the winds kicked up. The plan also includes detailed division assignment lists and the game plan for medical incidents, plus maps. Fire resources to date include four hot shot crews, four other 20-person teams and the Northern Rockies Incident Management Team, the Type 2 crew and incident command system that is now in charge of the East Fork Fire. The team functions under the national incident command system, said incident commander Rick Kusicko. “When the fire first starts, we send our first (available) resources,” said Barton. “That didn’t work” for the East Fork Fire, because of the terrain. The next response was a Type 3 team, composed of area fire management resources. “As this fire continued to grow, we called a Type 2 team,” he said, explaining that Type 2 teams are used for more complex fires, and have more specialties within the unit. For the most severe fires — when structures are involved, when the size is massive, or when a resource such as a watershed is threatened — Type 1 teams are called in.
‘Basically, you either want to do it or you don’t want to do it. It’s scary at times, it’s dangerous at times and sometimes it’s boring ... ’ Rocky Katon Firefighter s
Gearing up Some of the firefighters have made quite the trek to help out. Rocky Katon leads a 20-man crew contracted out of Salem, Ore. His crew came to Montrose Sunday night, after a previous call to Nederland and spent much of Monday waiting to be sent to the fire. Katon said he expected to be sent out in the following day after scouting of the area had been completed. “Basically, you either want to do it or you don’t want to do it,” Katon said. “It’s scary at times, it’s dangerous at times, and sometimes it’s boring and we’re sitting here waiting for our orders. But it’s something you have to want to do.” Unlike traditional residential fire departments, Katon’s crew won’t be carrying much water when they trudge into the mountains to go to work. Much of their sup-
ply, he added, includes chain saws, shovels and other digging tools. Even fire-starting materials are in most wildland firefighters’ supply, which would allow them to control burns in an effort to burn fuels that would allow the fire to spread.
Team effort a massive undertaking
When firefighters arrive, they first go to the check-in station for necessary paperwork and fire assignments. Once they have been demobilized, they check out — a handy way of making sure everyone who went out on the fire has come back from the fire. Sharing space with the check-in station at Columbine was the situation unit, the “intelligence unit” of the incident command team, Barton said. The unit collects all data for displays and mapping, reports the status of the incident and collates information that is used to prioritize resources when there are multiple incidents, leader Dave Lattimore said. Despite the severe wildfires elsewhere in the state, such as the West Fork Complex Fire on the San Juan National Forest, the East Fork Fire has not had trouble getting the resources it needs, Barton said. Schmillen led the way to the incident’s radio room, which allows for uniform programming of all communication devices used by different teams of firefighters. The priority is LCES: Lookouts, communication, escape routes and safety zones. Constant contact is so vital that without it, there is no firefighting. “If we don’t have communication, then folks can’t proceed,” Schmillen said. If firefighters can’t DRIVE-IN reach dispatch or 600 E. Miami ★ 249-6170 expanded dispatch at www.stardrivein.com ★ the Montrose County ★ SHOWING FRI., SAT. & Sheriff ’s Office, they Star Trek APRIL 2, & 3 ★ SUN., disengage from the fire Star Trek1,Into ★ Darkness (PG-13) Voice of James McAvoy • G Chris Pine, Zachary Quinto ★ SUN., 2, & 3 ★ Gnomeo &APRIL Zoe Saldana &1,Juliet
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by supporting his appeal process. While Aguilar is appealing his conviction to the county court, at this point, his defense team sees no reason to appeal Brown’s other rulings, Luna said. Going outside the
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By Katharhynn Heidelberg Daily Press Senior Writer
As is the case for crews fighting the other wildfires roaring in Colorado, the East Fork firefighters on Monday faced a triple threat: low humidity, high temperatures and dry fuels. “The area we’re in is where fire hasn’t burned for 50 years,” Rick Barton, fire information officer for the Grand Mesa, Uncompahgre and Gunnison National Forests, said Monday morning. The dry cold front moving through the area Monday morning had been expected to make winds erratic. “The wind that we had was not able to get to the ground, and therefore it wasn’t flaring up any trees,” Barton said Monday evening. “There was some torching, but that was on the interior. It gave us a great day to continue to build this contingency line in front of the structures.” Firefighters in the field spent Monday tying together open meadows that can be held in case the fire makes a run toward the structures, he said. The crews are using dozers where they must, in order to avoid spot fires. Due to fire behavior Monday, air suppression efforts were not needed on the fire’s west side. “We’re monitoring it, staying on top of it. We’re not going to put people at risk by having them use the helicopters all day when it wasn’t doing anything,” Barton said. “The fire was just staying where it should.” Containment remained at zero Monday night, he said, but he hadn’t heard any reports of acreage increasing as of 6 p.m. “The bottom line is, it was a really good day on the fire. We had a break. We made some good progress on protection around the structures and our contingency fire line to the north,” Barton said. “We’re still prepared for it to get up and do bad things if the weather so decides to push it, so we’re going to remain very diligent, but today was a good day. “It was quiet.” Several roads and trails in the area remain closed, and there is a temporary flight restriction order in effect surrounding the East Fork Fire area. See the closure orders at www.inciweb.org. Stage I fire restrictions are also in effect on the Uncompahgre and Gunnison forests, as well as in unincorporated Montrose County, Gunnison County and BLM lands throughout the region.
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system’s bounds is not helpful, he added, saying that Aguilar is following the rules and respects the judiciary. Aguilar is slated for an appearance at Montrose County Court Friday morning.
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Dutch lunged and bit the woman in her leg as she tried to clean blood from his face. He then bit her again when she fell while trying to escape to her bedroom, and a third time when she tried to pry his jaws off her. The third bite inflicted a compound finger fracture and tendon damage. People cannot be found guilty of owning a dangerous animal if the animal was provoked, veteran Rick Crabtree said, pointing to a section of statute. “We go to the ground for one another,” Emick said. “I’m fired up mad. ... There are patriots here, but there are Tories. We’re going to identify them. We’re going to run you out.” Luna said he understood why the veterans were upset, but that they could best help his client
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DUTCH: Several local veterans express anger with dog-bite case from page 1
until such time as they can, Barton said. “... We don’t want bad things to happen, but if they do, we want to be prepared,” he said. On the fire, clusters of trees that were torching out at the same time sent up embers and ash that were blowing up to half a mile ahead of the fire. Crews therefore were moving beyond that half-mile range so that they would not be trapped between the fire and new spot starts, Barton explained. The incident camp also includes a medical station for the tracking of injuries; paramedics and emergency medical technicians are in the field, and ambulances are on standby. The ordering unit is also vital, Barton said, as it takes care of everything from obtaining additional personnel, to supplies and portable toilets. The finance unit tracks hours and resources expended, said unit member Gayle Schlieper. Each firefighter fills out a type of time slip every day, while each piece of equipment used is similarly accounted for with a shift ticket, which is entered into a database. Last but not least is the catering unit: firefighters burn up vast amounts of energy, and the unit serves up about 7,000 calories per day, over the course of three meals. Catering units are positioned around the country and can deploy to a fire camp within 24 hours, Barton said. “All this is preplanned before we even have a fire,” he said. “We appreciate the community’s support,” Barton added, naming off several local governmental agencies. “This team made a real effort to purchase locally. We want to support the community.”
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Communication breakdown
Lack of notification for Main Street closure irks some downtown merchants
www.montrosepress.com
Starting with style
By Mike Easterling and Monica Garcia Daily Press Staff
A breakdown in communication and a failure to abide by established policy are being blamed for the discontent expressed by some downtown merchants Friday as much of Main Street was closed to vehicles for the filming of a zombie movie. Merchants and downtown visitors alike arrived in the district Friday morning to find Main Street was closed for several blocks so that the crew working on “I Am Alone,” an independent film being produced by the California company Abstract Forces, could shoot footage. A handful of merchants claimed they had little or no notice that the closure was going to occur and said it had a big impact on their business Friday. Ernie Tolvo, coowner of Computer Interim Downtown Business Solutions at Development Authority 523 E. Main St., said he director Bob Brown said learned of the planned downtown street closures closure in a conversafor the filming of “I Am tion with City Manger Alone” will continue today. Bill Bell on Thursday Main Street is scheduled night. Tolvo said the to be closed between Downtown DevelopTownsend Avenue and ment Authority did Park Avenue from 7 a.m. not inform him of to 1 p.m., and South First the closure, and his Street will be closed from business on Friday — Townsend to Park from 2 normally the busiest p.m. to 7 p.m. day of the week for Computer Business Solutions — was off 30 percent. “I’m pretty upset about it,” he said. “I plan to attend the next DDA and City Council meetings to talk about my concerns.” Barbara McDonald, an employee at Adams Vacuum & Montrose Sewing, 509 E. Main St., said she had no idea the street would be closed until she arrived at work Friday morning. “I was shocked because we weren’t informed at all,” she said. “It’s always been understood that when Main Street is closed down, we’re supposed to be informed … None of that happened.” McDonald said Friday is normally the busiest day of the week for her store, as well, and that she had a sale of $8,000 to $10,000 for a new embroidery machine lined up with a potential customer. When McDonald realized what was going on Friday morning, she said, she called and advised the client not to come downtown. Bob Brown, the interim director of the Downtown Development Authority, which helped work on the street closure permit from the city with the film’s producers, acknowledged Friday afternoon that he had heard from a significant number of merchants who were frustrated both by the amount of time the street was closed and by the length of the closure — 10 blocks. “They’re frustrated with that and that they didn’t get a lot of notice,” he said. The downtown street closure process was not closely followed in this case, Brown said, particularly in regard to the notification of business owners and managers. “We asked the applicants to notify the affected businesses and buildings, and it was not done,” Brown said. “That part of the process did not work.” Bell confirmed that the the street closure application states it is up to the applicant to notify the property owners who might be affected by the closure, but one of the film’s producers, Suzy Beck, said on Friday seemed unaware of that when contacted by the Daily Press Friday afternoon. “We worked with the city, and we did everything through the city and we followed all the procedures and we tried to do everything as up and up as we could,” she said. “I don’t know if the city has procedures for letting businesses know, but we would have been happy to go door to door to let people know, too.” Jerrold McKinley Ivery, the executive in charge of production, expressed regret over the hard feelings expressed by some merchants. “We are saddened by the fact that some of the businesses have complained and have lost business,” he said. “The intentions were never to hurt anybody, and we, of course, are very sorry if that happened by our course of action. [Today], we will make sure that we are not inconveniencing anybody that doesn’t need to be inconvenienced. We’re going to look at the schedule a little closer and figure out which streets we can open sooner rather than later. That doesn’t make up for what happened [Friday], but it was a mistake on our part, and we are sorry. We will make the adjusts that are necessary to not make the same mistake again.” Bell said he realized earlier this week that communication had not been good, and he spent much of Thursday doing what he could to raise awareness and address the concerns of downtown merchants. The street closure — which continues today — was announced in a Daily Press story on Thursday, Aug. 8 by assistant city manager Rob Joseph. Tolvo and McDonald both acknowledged they had not seen that story.
Closure continues today
see movie, page A3
Nate Wick/Daily Press
Montrose High’s Angelo Youngren gets loose for a first down in the second quarter of the game against Vista Ridge on Friday in Montrose.
Montrose 47, Vista Ridge 22
Dominant defense, electric offense help Indians crush Wolves in season opener By Matt Lindberg Daily Press News Editor
The Montrose football team’s season opener on Friday had all the makings of a classic sports film, including electric play by a team trying to make a statement
Published for the Uncompahgre Valley and Becky Duce of Ridgway
popped into the gym and offered junior running back Mike Rocha and the Indians a few brief words of encouragement. “Keep balling,” Rocha said of see indians, page A6
Dutch’s owner acquitted
Vicious dog case ends in not-guilty verdict By Katharhynn Heidelberg Daily Press Senior Writer
A verdict Friday night brought to a close the lengthy and emotionally fraught case of Dutch the dog, whose owner was charged with ownership of a vicious animal after Dutch repeatedly bit a woman. The owner, Jeremiah Aguilar, is not guilty, a three-woman jury found, rendering its verdict within an hour of receiving the case. The city immediately turned over Dutch, who was being held by court order at the Montrose Animal Shelter while the case was pending. “Obviously, Jeremy (Aguilar) was very pleased,” defense attorney Brandon Luna said. “We thank the city for being gracious, in that they allowed Dutch to be released tonight. Everyone was excited. Dutch looked healthy. We were very pleased.” Luna said Aguilar and his wife are returning to Oklahoma to welcome a child. “They will be starting a new family and a new life,” he said. Aguilar was convicted in Municipal Court in February. Dutch had been ordered euthanized, though the court stayed that while Aguilar appealed to Montrose County Court and later
Inside the Daily Press Calendar . . . . . . . . . . a2 local . . . . . . . . . . . a3-5 sports . . . . . . . . . . a6-7 tv listings . . . . . . . . . a7 religion . . . . . . . . . a8-9 nation . . . . . . . . . . . . a10
— and a 30-minute intermission. There was even a brief motivational pep talk that came during that weather delay when Indianapolis Colts fullback Dan Moore, who was in town visiting a relative on the MHS team,
world . . . . . . . . . . . a10 comics . . . . . . . . . . . a12 weather . . . . . . . . . . a13 obituaries . . . . . . . . a13 classifieds . . . . . . b1-4
News:
West Nile virus update Page A3
indicated it supported sending Dutch to a rescue facility. Aguilar maintained that his dog, which repeatedly bit his former owner last November, We thank the was not vicious but had been provoked. city for being The case created a worldwide frenzy after gracious, in that initial Internet reports said the woman mathey allowed liciously beat Dutch, Dutch to be something the woman released tonight.’ denied at trial. The jury found that Aguilar did not own a vicious animal and/ Brandon Luna or that Dutch had been properly confined Defense attorney when Aguilar left the s home he shared with his wife, the bite victim, his brother and another man on Nov. 14, 2012. “We respect the decision of the jury. We were thankful to have three very attentive jurors who listened to the case presented by the city, and
‘
Today’s Weather Sun and clouds mixed with a slight chance of thunderstorms during the afternoon. High 82F. Winds S at 5 to 10 mph. Chance of rain 30%. See details, A13
see dutch, page A5 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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quite busy in the morning. “This was a senseless act to kill this deer, just a thrill kill. If the farm hand hadn’t seen the animal at the time, it would have just rotted in the field,” Garrett Watson, district wildlife manager, stated in the news release. “Tips from the public often help us solve these types of cases. So any information is very important to pass along,” Watson stated. Watson was able to
salvage the meat from the animal, which was donated to a family in the Montrose area. Tips about the incident can be made anonymously. To make a report, call the state Parks and Wildlife office in Montrose at 252-6000 or Operation Game Thief at (877) 265-6648, or email game.thief@state.co.us. Rewards are possible for anyone who provides information that leads to the writing of a citation in the case. For more information
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Tips sought on poaching incident near Montrose
State Parks and Wildlife officials are seeking information about a mule deer buck that was shot just west of Montrose near Oak Grove Elementary School on Thursday morning. A farm worker saw the wounded deer running north across West Oak Grove Road near the intersection of 61.00 Road about 7:30 a.m., the CPW said in a news release. The deer died in a hayfield shortly afterward. The deer was likely shot near the road, which is
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that’s all we’ve ever asked,” city attorney Steve Alcorn said. “We have already turned Dutch over to Mr. Aguilar, and he will be promptly leaving the state. We hope the best for Jeremiah Aguilar and his family.” The defense did not dispute that Dutch had bitten the woman — who has since married Aguilar’s brother — but did dispute that Dutch was vicious and improperly confined, Luna explained. “We’re confident that the jury saw to the truth. It was all about getting the evidence out. We were never afraid of the evidence,” Luna said. The bite victim testified that she found Dutch fighting with the roommate’s dog, a pit bull named Artex, the afternoon of Nov. 14, 2012, and that she was forced to strike Dutch with a lightweight pole and drag him off the other dog. She was eventually able to drag Dutch inside the home, but testified it had been a struggle. The woman, a nurse, checked Dutch for injuries and saw another dog’s blood on him, so she reached for a towel while still holding onto Dutch’s collar, she testified. That’s when Dutch lunged and bit her upper leg, she said. She pried herself free and attempted to reach her bedroom, but tripped and Dutch attacked, biting her buttock area. He broke her finger as she again pried herself free, according to testimony. Defense advisory witness James Kohout of Canine Manners later said he didn’t think it was possible for the woman to have dragged Dutch or pried off a dog that was in fight mode; however, he was not allowed to testify as to his opinion concerning her bites because he is not a medical expert. Lead defense attorney Clinton Lancaster questioned the woman as to how she could remember what had happened in her home the day of the attack, but could not recall what happened once she was in the emergency room. The bite victim said she was in shock and in “a fog” by that time, and that many people were firing questions at her as pain medication took effect. “I’m the only one who knows what happened,” she said. “People want to believe what they want to believe.” She had initially allowed Dutch to be quarantined in her house and even thrown him treats from behind a door, she said, but maintained that she was afraid of him. She ordered Aguilar to take the dog and leave on Dec. 6, the same date Aguilar pleaded not guilty to the city offense, but denied that she harbored violent tendencies toward the dog. She had become upset that people were finding fault with her “when I was trying to save a dog’s life,” the woman said. The prosecution’s case foundered after the defense team called to the stand veterinarian Rachel Blankmeyer. She had examined Dutch and found soft tissue damage — swelling — to his face, which she said could have come from a variety of bluntforce trauma incidents. City Animal Services director Mike Duncan had earlier testified that the tiki torch pole would not have fazed Dutch, or severely injured him. The dog is also said to have repeatedly rammed himself into the victim’s bedroom door, once the woman escaped inside. Blankmeyer also examined Artex. Notes made by a receptionist indicated that Artex’s owner had said the dog was injured in a fight with a Labrador retriever in Riverbottom Park. While Blankmeyer’s office does take pet owners’ word for what happened, it also generates records with a date-stamp made by a computer. Blankmeyer testified that the date stamp on Artex’s file showed the dog had been dropped off the morning of Nov. 14, 2012. The victim had been attacked that afternoon. After the verdict, Luna told the Daily Press that the defense was convinced there had not been another dog fight in the case and that whatever happened was something that caused Dutch to
respond. “We don’t know what happened there. At the same time, the verdict itself may have easily come down to the fact that the city was not able to disprove that Dutch was lawfully confined,” Luna said. Aguilar’s brother had reportedly been told to watch the dog while Aguilar was out of town. Dutch was placed in a room and was to be let out to use the grass, Luna said. The confinement was part of Dutch’s training, he said. Blankmeyer testified that Dutch was “sweet” in the exam room, even when she felt his body. Kohout would later testify that he could not get Dutch to aggress no matter what he did during temperament tests given months after the attack. The temperament testing included Kohout miming that he was striking Dutch with an object. Under cross-examination, Kohout said he didn’t dispute that Dutch had bitten the woman. He denied, however, that he was biased because he had “Save Dutch” written on his car and had apparently on social media identified himself as a member of the defense team. Proceedings Friday morning came to an abrupt halt after Lancaster complained that the bite victim had been exposed through no fault of her own to other witness’ testimony, despite a sequestration order. City advisory witness Detective Mike Watson was seen leaving the room after the veterinarian’s testimony raised an issue with the dates. He went into a conference room where the complaining witness was waiting, in case she was called back to the stand. Judge Julie Huffman allowed Lancaster to call call Watson to the stand outside of the jury’s presence. Watson said he had only gone into the room to speak to a paralegal and get contact information for Duncan, whom the city planned to recall as a rebuttal witness. Watson said that he had told the paralegal that there may be a problem with a date. He indicated that he hadn’t gone into detail, but had discussed the gist of the issue as to the date and time on the veterinarian’s report for Artex. Lancaster demanded a mistrial, an outright dismissal or that all of the victim’s testimony be stricken. Alcorn said the woman had been released by the city; that there had been no showing of prejudice and that the woman might not even be recalled. Further, she didn’t know the context of the conflict, which pertains to Artex, not Dutch, he said. The city had first learned of the date-stamp evidence at trial, Alcorn indicated. After a lengthy break, Huffman said it was clear there had been a serious violation of her sequestration order. Although the jury was not tainted, the defense’s concerns were legitimate, because the element of surprise against a witness it intended to impeach had been destroyed. A mistrial would only “exacerbate” the problem, but an outright dismissal would be too extreme, Huffman said. She declined to strike the victim’s testimony, noting that the victim hadn’t been responsible for the violation. “This wasn’t the victim’s fault,” the judge said. “She was in full compliance with my order. She was doing what she was ordered to do.” Instead, Huffman said she would allow the defense to comment on the violation in front of the jury. “We’re going to shine a big, bright spotlight on this,” she said. Huffman admonished Watson, saying he should have known better. She also had sharp words for spectators whom deputies reported had not conducted themselves in accordance with a decorum order Huffman had issued in July. “We are here to decide a case based on law, not emotion ... not on whatever beef you have brought in here,” the visibly angry judge said, warning spectators to “Just try me” if they didn’t believe she would hold them in contempt for future violations.
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A: Biking, both commuting on a bike, as well as recreating on mountain bike. Q: What is is your favorite part of living in Montrose and why? A: Access, views and the strong community feel. Q: What do you hope the community will take away from the SOH? A: That being active is critical to quality of life. We are all athletes. Many people think that to be an athlete, you have to compete or best the best in a given sport. But it is all about finding what you like to do, sometimes alone, sometimes with family and friends, and doing that activity to engage your athletic side. — Monica Garcia “Familiar Faces” is a recurring feature that offers a brief profile of individuals who live in the Uncompahgre Valley in an effort to showcase what makes the area unique. Each week, the focus will shift to representatives of a specific group, such as photographers, teachers, clergy members, etc. To suggest a group or individual, email editor@ montrosepress.com.
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Tee Times • 970-626-5284 • www.eqresorts.com/divide
Buy a QP Burger, Get a 2nd QP Burger for $1.00! Redeemable at: McDonald’s® of Montrose, CO 1035 E. Main Street • 1451 Odelle Road Locally Owned & Operated
Valid only at participating U.S. McDonald’s®. Prices may vary. Not valid with any other offer, discount, coupon or combo meal. Cash value 1/20 of 1 cent. Limit one coupon per person per visit. Tax may apply. Price of required purchase posted on menu board. Coupon may not be transferred, auctioned, sold, copied or duplicated in any way or transmitted via electronic media. Valid when product served. May not be valid for custom orders. Void where prohibited. © 2013 McDonald´s
Valid Thru: 10/15/13
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Ken Sherbenou