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.
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