Pubdate: Sun, 08 Jul 2001 Source: Times-News, The (ID) Copyright: 2001 Magic Valley Newspapers Contact: http://www.magicvalley.com/ Details: http://www.mapinc.org/media/595 Author: John T. Huddy Bookmark: http://www.mapinc.org/raids.htm (Drug Raids) FAMILY OF DEPUTY KILLED IN SHOOTOUT FILES CLAIM AGAINST COUNTY JEROME -- The family of a Jerome County Sheriff's Department deputy killed during a Jan. 3 shootout in Eden has demanded $5 million in damages from the county, claiming the sheriff's department and Sheriff Jim Weaver acted recklessly and dangerously when serving a search warrant. The tort claim, filed on June 29 by B. Newal Squyres of Holland and Hart law offices in Boise on behalf of the family of Cpl. Phillip Anderson, is the third multi-million-dollar claim against Jerome County in the wake of the shooting. Anderson, 23, and his partner, Cpl. James Moulson, 30, were killed in the shootout at the Eden home of George Timothy Williams the night of Jan. 3, while attempting to serve a search warrant for illegal drugs at Williams' home. Williams, 47, a suspected drug dealer, was also killed during the fight. About 4 grams of marijuana were found in Williams' home after the raid. Moulson's family filed a $2.4 million claim against Jerome County and Weaver on May 16. Williams' family filed a $10 million claim against the county on April 10. That claim also names Weaver and Roberts. No settlement has been reached on either claim. According to state law, a county has 90 days to either approve or deny a claim. A claim is deemed to be denied if the county fails to act on it after 90 days. Anderson's family has refrained from public comment since the shooting. Weaver has spoken publicly only twice about the shooting since it happened. In a press conference a week after the shooting and in his statements to police, Weaver said Williams fired on the deputies as they entered his home. Nance Strickland, spokeswoman for Weaver and the Jerome County Sheriff's Department, said she was not aware of the Andersons' claim and had no comment Thursday. Messages left for Weaver were not returned. The Anderson family claim also names Mary Ann Taylor. Taylor was living with Williams at the time of his death. Taylor, who worked as a confidential informant for the now-defunct Magic Valley Drug Task Force, apparently told Weaver and Jerome County Undersheriff Jocelyn Roberts the afternoon of Jan. 3 that Williams had a large amount of marijuana in his home the night of Jan. 2. Based on that information, Weaver and his deputies moved in on Williams. According to the claim, Weaver, acting on information from Taylor -- an informant with "questionable reliability" -- sought and obtained the search warrant. "At the time the search warrant was obtained, Sheriff Weaver and Jerome County officers/agents knew that Mr. Williams had recently acquired several guns and armed himself, because of past acts of violence involving Mr. Douglas Norgard, the ex-boyfriend of Ms. Taylor," the claim says. Norgard and Williams had gotten into a fist- fight about three weeks before the shooting, according to police records. "Sheriff Weaver and Jerome County officers/agents also knew (or should have known) that Mr. Williams was in fear for his life and was armed and dangerous." Further, the claim says that in executing the search warrant, Weaver sent two of his "youngest and most inexperienced deputies," Moulson and Anderson, into Williams' home to serve the search warrant and that "by knowing and intentionally ordering Phillip Anderson to enter a dangerous and life-threatening situation, the Sheriff's Office is responsible for his death." "The Sheriff intentionally and recklessly chose this dangerous and unnecessary course of action without regard for the safety of his men, when he knew that Mr. Williams was armed and feared for his life," the claim says. No charges were ever filed against anyone in the case. The Times-News has, on numerous occasions, attempted to reach Taylor. Those attempts have been unsuccessful. Taylor has not spoken publicly since the shooting. Her whereabouts are unknown. The Anderson family claim asks for $2 million in economic damages, $1.5 million in non-economic losses for Dale Anderson, Phillip Anderson's father, and $1.5 million in non-economic damages for Anderson's family. Patrick D. Brown, attorney for Williams' family, said Thursday that his clients' claim will likely turn into a lawsuit. The settlement deadline for that claim is July 9, while the settlement deadline on Moulson's lawsuit is Aug. 14. - --- MAP posted-by: Josh Sutcliffe