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.
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MAP posted-by: GD