Pubdate: Tue, 22 May 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) LATEST CLAIM OVER EDEN RAID WILL BE HARDER TO BRUSH OFF Jerome County has been saddled with another multimillion-dollar tort claim in the wake of a botched drug raid that killed one homeowner and two sheriff's deputies in Eden. This one, filed by the widow of one of the slain deputies, will be harder for Sheriff Jim Weaver to ignore. That's important, because no one has held Weaver accountable for the sloppy planning behind his Jan. 3 raid on Tim Williams' home. A $10 million claim filed by Williams' survivors is roughly four times larger than the one filed by Amy Moulson, but it doesn't have the emotional heft of Moulson's claim. Moulson's husband, Cpl. James Moulson, died in the raid which Weaver organized and led. Williams, on the other hand, was a suspected marijuana dealer who killed two deputies. That's not to demean Williams, or diminish the loss suffered by his family and friends, but Amy Moulson clearly occupies the moral high ground in any suit against Jerome County. So we're mystified by a recent letter from the president and executive director of the Idaho Sheriff's Association. According to President Lorin Nielsen and Executive Director Bill Lynn, "It is unfortunate but clear that anyone who blames this incident on the deceased deputies, Jerome County or Sheriff Weaver supports Mr. Williams' criminal conduct." Really? By that logic, Moulson's widow "... supports Mr. Williams' criminal conduct." After all, she named Weaver in her $2.4 million claim. It is unfortunate but clear that the president and executive director of the Idaho Sheriff's Association are missing the point. The real question is this: Does anyone other than Williams share responsibility for the deputies' deaths? If Amy Moulson's claim develops into a lawsuit, it may determine whether her husband's death was due, at least in part, to a series of bad decisions made by Weaver. For instance, Weaver knew Williams was armed, but he chose to storm Williams' home rather than arrest him elsewhere. Weaver knew that Williams was jumpy, fearing an attack from his girlfriend's ex-lover. Weaver also knew -- or should have known -- that his principal informant was considered unreliable by law enforcement agencies in Twin Falls. Remember, this was a hastily planned raid. It wasn't even a twinkle in Weaver's eye on the morning of Jan. 3, but two of his deputies were dead by 7:30 p.m. As a sheriff's deputy, James Moulson was in a dangerous line of work. Amy Moulson's lawyer will have to prove that Weaver's decisions recklessly compounded the danger. That may be a difficult standard to reach, but the evidence suggests a reasonable case can be made. Military officers have long been subject to inquiry for intemperate decisions resulting in the deaths of their men. But Weaver isn't in the military. As an elected official of Jerome County, he answers to no one except voters. Few Jerome County voters seem upset that a raid organized and led by their sheriff has resulted in at least $12.4 million in tort claims against the county. That figure could rise, if the county receives a claim from survivors of Cpl. Phillip Anderson, the third Eden casualty. Civil suits brought by the dead men's survivors may be the only forum to hold Weaver accountable for his role in a raid that went horribly wrong. The claimants don't condone what Williams did, but they do question the sheriff's actions. Everyone should be interested in the answers. - --- MAP posted-by: GD