Pubdate: Fri, 13 Jul 2001
Source: Times-News, The (ID)
Copyright: 2001 Magic Valley Newspapers
Contact:  http://www.magicvalley.com/
Details: http://www.mapinc.org/media/595
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

JEROME COUNTY TAXPAYERS COULD GET A MIGHTY BIG BILL

Hang onto your wallets, Jerome County taxpayers, because a tidal wave of 
lawsuits is about to hit county government. Jerome County could end up 
drowning in debt if it loses any of these suits. That means you, dear 
taxpayers, could be forced to bail out your elected officials.

The legal claims stem from a botched drug bust on Jan. 3 in Eden. Two 
Jerome County sheriff's deputies and an Eden homeowner were shot to death 
in a raid planned and led by Sheriff Jim Weaver.

Relatives of all three dead men have filed a total of $17.4 million in tort 
claims against the county. Survivors of Eden homeowner Tim Williams have 
filed a $10 million claim; the parents of Cpl. Phillip Anderson are seeking 
$5 million; and the widow of Cpl. James Moulson is seeking $2.4 million.

Unfortunately for Jerome County and its taxpayers, the county's insurance 
has a $2 million liability limit. Officials with the Idaho Counties Risk 
Management Program refuse to tell us if that's $2 million per claim, or $2 
million per incident, or anything else about the policy. We're still 
awaiting an answer from Jerome County.

Assuming that it's $2 million per claim, the county's insurance carrier 
might pay as much as $6 million -- leaving a gap of more than $11 million. 
If the liability limit is a flat $2 million, then the gap could exceed $15 
million.

At this point, no one knows how these three cases will play out. The county 
might prevail in some or all of them. Out-of-court settlements or jury 
awards might be less than what the plaintiffs are seeking.

On the other hand, if Jerome County loses, it could get stuck with a 
multimillion-dollar bill that insurance won't cover. It's not an enviable 
situation for the county's taxpayers.

It's worth remembering how Jerome County got into this mess.

Using information from an unreliable informant, Sheriff Weaver conceived, 
planned and executed a drug raid within a matter of hours. He and his 
deputies kicked open the door of a man whom they knew to be: 1) armed; and 
2) jumpy.

State investigators later found a trifling amount of marijuana inside 
Williams' house. Under normal circumstances, it wouldn't have been enough 
to take him to jail; he would have been issued a citation instead.

Under normal circumstances, three men would not have died, and Jerome 
County wouldn't be facing more than $17 million in tort claims.

Something went tragically wrong in Eden that night, but none of the 
survivors will own up to what happened. Now that the process is moving into 
civil court, Weaver and his undersheriff, Jocelyn Roberts, may be forced to 
talk to the plaintiffs' lawyers. The truth may still come out, but it's far 
more likely to be hidden in a confidential settlement.

If that happens, Jerome County taxpayers will never know what hit them. 
They could wind up paying higher taxes to settle the claims, but they will 
never get the courtesy of an explanation.

Weaver's supporters have attacked the media for questioning his role in the 
Eden fiasco. There's been a strong implication that to question the 
sheriff's actions is to oppose law enforcement.

Now that Moulson's widow and Anderson's parents are questioning Weaver's 
leadership, will Weavers' supporters have the bad taste to denounce them as 
well? Moulson and Anderson's kin have buried men they loved. Now they are 
seeking accountability.

Being tough on drugs and bullish on law enforcement is fine. But it's 
foolish to put blind faith in public officials whose mistakes could cost 
everyone.
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MAP posted-by: Terry Liittschwager