NEWS FIVE SBAR DISTRICT ATTORNEY DAN MAY SAYS HE STANDS BY HIS DECISION
NOT TO FILE CHARGES AGAINST ALLEGED SQUATTERS WHO TOOK OVER A DEAD WOMAN'S HOUSE, USED H CAR AND STOLE HER BELONGINGS.
IT'S A CASE CHIEF INVESTIGATIVE REPORTER ERIC ROSS HAS BEEN TRYING TO GET ANSWERS ON SINCE LAST YEAR.
WE'VE BEEN TRYING FOR MONTHS TO GET ANYONE TO EXPLAIN WHY N ONE WOULD ARREST OR PROSECUTE SQUATTERS WHO REPORTEDLY
DESTROYED A HOME THE COURTS
RULED DIDN'T BELONG TO THEM.
THE DISTRICT ATTORNEY'S OFFICE TOLD US TO GO TALK POLICE.
POLICE TOLD US TO GO TALK TO THE DISTRICT ATTORNEY.
AFTER OUR REPEATED QUESTIONS WENT UNANSWERED, WE DECIDED CATCH UP WITH THE DISTRICT ATTORNEY OUTSIDE OF A RECENT COURT HEARING TO ASK QUESTIONS THIS GRIEVING MOTHER HAS WANTED
ANSWERS TO FOR MORE THAN A YEAR.
IT IS A SHAM I WOULDN'T WANT ANY FAMILY TO HAVE TO GO THROUGH SOMETHI LIKE THIS.
GERRY CLARK CONTACTED NEWS FIVE
INVESTIGATES AFTER SHE SAYS A MAN NAMED JACK COLE AND A COUPLE OF HIS FRIENDS MOVED INTO HER DAUGHTERS HOUSE AFTER SHE PASSED AWAY UNEXPECTEDLY IN OCTOBER 2017.
THIS WAS BEFORE NEWS FIVE INVESTIGATES WORKED WITH LAWMAKERS TO CHANGE SQUATTING LAWS IN COLORADO...
BUT WE NEVER COULD GET A CLEAR ANSWER AS TO WHY NO ONE FACED ANY CHARGES FOR ALLEGEDLY TAKING THE DEAD WOMAN'S PROPERTY AN REPORTEDLY CAUSING TENS OF THOUSANDS OF DOLLARS IN DAMAGES.
THE POLICE KNEW WHAT WAS GOING ON AND NOTHING WAS DONE AND IF THEY WOULD HAVE DONE SOMETHING WE COULD HAVE PREVENTED THIS DAMAGE COLORADO SPRINGS POLICE SAID
THEY CONDUCTED AN INVESTIGATIO AND TURNED THE CASE OVER THE D-A OFFICE FOR REVIEW...BUT ULTIMATELY..THE D-A DECIDED NO CHARGES WERE WARRANTED.
THE CLARK FAMILY WANTS TO KNOW WHY...BUT OUR REPEATED REQUESTS TO TALK ABOUT THE CASE WENT UNANSWERED....SO WE CAUGHT UP WITH DISTRICT ATTORNEY DAN MAY OUTSIDE THE COURTHOUSE.
ERIC ROSS: MR.
MAY.
ERIC ROSS WITH CHANNEL 5.
CAN YOU ANSWER WHY YOUR OFFI DECLINED TO PROSECUTE THE SQUATTING CASE? AS YOU KNOW WE'VE BEEN TRYING TO TALK WITH YOU FOR MONTHS ABOUT THIS.
DAN MAY: ERIC I THINK WE'VE RESPONDED A FEW TIMES.
THAT'S NOT TRUE...
IN FACT---DAN MAY NOR HIS SPOKESPERSON ANSWERED THIS INQUIRY....OR THIS ONE, OR THI ONE, OR THIS, OR THIS ONE...
WE MADE NEARLY A DOZEN ATTEMPTS
TO GET QUESTIONS ANSWERED BEFOREHAND.
THE ONLY RESPONSE WE HAVE ON FILE FROM THE DISTRI ATTORNEY'S OFFICE IS THIS EMAILED STATEMENT FROM SEPTEMBER 2018...
IT READS QUOTE...
"WE HAVE RECEIVED NO REPORTS T SUGGEST ANY DAMAGE WAS DONE TO THE PROPERTY AND NO REPOR TO SUGGEST THAT MISTER COLE REMAINED ON THE PREMISE AFTER HE WAS EVICTED.
THE FAMILY SHOULD REPORT ANY
SUSPECTED CRIMES TO THE POLICE." WELL THE FAMILY DID JUST THAT....
IN FACT---NEWS FIVE INVESTIGATES OBTAINEDCALLS TO POLICEUSING PUBLIC RECORDS LAWS AND TH EVIDENCE PAINTS A MUCH DIFFERENT PICTURE.
COURT RECORDS SHOW A JUDGE GAV THE CLARK FAMILY POSSESSION OF THEIR HOME BACK ON JANUARY 8, 2018 AND ORDERED THE SQUATTE TO GET LOST.
A COUPLE OF DAYS LATER---THE SQUATTERS WERE STILL INSIDE, REPORTEDLY PACKING UP THE DEAD WOMAN'S BELONGINGS.
LISTEN TO THIS CALL GERRY CLARK PLACED ON JANUARY 10TH.
CALL TO POLICE: EVERYTHING IS BEING STOLEN OUT OF THE HOUSE WE SPEAK." DISPATCHER: WHO IS THIS MAN?
CALLER: JACK COLE HE HAS BEEN SQUATTING IN THAT HOUSE AND THE COURT GAVE POSSESSION OF THE...THE COURT TOOK POSSESSION OF THE HOUSE AWAY FROM H MONDAY.
DISPATCHER: OKAY.
CALLER: AND HE'S STEALING EVERYTHING OUT OF THE HOUS DISPATCHER: AND HE'S BEEN EVICTED YOU SAID?
CALLER: YES, HE HAS!
DISPATCHER: OKAY "THERE'S INSUFFICIENT EVIDENCE." REMEMBER--THE SQUATTERS WERE ORDERED TO LEAVE ON JANUARY 8TH..
YET---A WEEK LATER ON THE 16TH OF JANUARY...A NEIGHBORHOOD FRIEND CALLS POLICE---TO REPORT SQUATTERS INSIDE THE DEAD WOMAN'S HOUSE.
DISPATCHER: COLORADO SPRINGS POLICE AND FIRE, THIS IS INAUDIBLE , HOW CAN I HELP YOU?
CALLER: HI, I'M JUST CALLING TO REPORT THAT THERE'S SOMEBODY IN MY FRIENDS HOUSE THAT PASSED AWAY AND NOBODY IS SUPPOSED TO BE IN THERE.
THEY HAD SQUATTERS IN THER NOW THERE IS SOMEBODY ELSE IN THE HOUSE NOW.
DISPATCHER: OKAY CALLER: THEY ARE TAKING OUT HER APPLIANCES "BASED ON THE EVIDENCE THAT WE'VE BEEN GIVEN ON THIS CASE, THERE'S INSUFFICIENT EVIDENCE
FOR CHARGES.
AND THAT'S THE STORY DAN MAY
STANDS BEHIND.
REMEMBER---THE DISTRICT ATTORNEY'S OFFICE SAID THERE NO EVIDENCE THAT MISTER COLE REMAINED IN THE HOME FOLLOWING THE EVICTION.
BUT WE KNOW HE WAS STILL INSIDE THE HOUSE BASED ON A BIZAR 9-1-1 CALL HE PLACED TO REPORT THAT SOMEONE ROBBED HIM.
COLORADO SPRINGS 9-1-1.
WHAT IS THE EXACT LOCATION OF THE EMERGENCY? JACK COLE: YEH, I JUST GOT ROBBED.
DISPATCHER: WHAT'S YOU'RE LOCATION?
JACK COLE: 3752 SWAINSON DRIVE THAT'S THE HOUSE A JUDGE ORDERED HIM TO MOVE OUT OF BACK ON JANUARY 8TH....
POLICE RESPONDED BUT INSTEAD OF ARRESTING MISTER COLE, THEY TOOK A REPORT FROM HIM...AND LEFT.
THEN CAME JANUARY 23RD...TWO WEEKS AFTER MISTER COLE WAS SUPPOSED TO GET OUT OF T HOUSE...GERRY CLARK CALLS POLICE AGAIN.
CALLER: THERE'S A BURGLARY DISPATCHER: OKAY CAN YOU EXPLAIN WHAT THE SITUATION IS?
CALLER: A GENTLEMAN HAS STOLEN ALMOST EVERYTHING OUT OF THE HOUSE, EXCEPT THE TOOTHBRUSH.
NO, EVEN THE TOOTHBRUSH.
DISPATCHER: OKAY.
CALLER: THE TOOTHBRUSH IS EVEN GONE.
EVERYTHING IS GONE.
DISPATCHER: OKAY.
CALLER: EVERYTHING IS GONE.
DISPATCHER: AND, OKAY.
SO DOES HE LIVE THERE?
CALLER: NO HE DIDN'T LIVE THERE.
HE WAS SQUATTING THERE.
IT'S NOT HIS HOME.
HE'S BEEN SQUATTING THERE FOR THREE MONTHS.
I CALLED THREE TIMES YESTERDAY TO GET THE POLICE TO COME OVER SO THEY COULD CHECK THE SITUATION OUT BECAUSE EVERYTHING IS GONE AND NOBODY CAME.
ERIC ROSS: "MR.
MAY CAN I SHOW YOU THIS REALLY QUICK??JUST REALLY QUICK.
THE JUDGEMENT FOR POSSESSION WAS
ISSUED ON JANUARY 8, 2018.
YOU'RE POINTING OUT SOMETHING THAT'S OVER A YEAR OLD...OVER A YEAR OLD AT THIS POINT.
MAY: "THERE'S INSUFFICIENT EVIDENCE.
WE'VE LOOKED VERY SERIOUSLY AT THIS CASE.
THE POLICE HAVE DONE A VERY SERIOUS INVESTIGATION.
IT'S INSUFFICIENT EVIDENCE BAS ON THE LAW AT THAT TIME.
ERIC ROSS QUESTION: BUT HAVE YOU REVIEWED THE 9-1-1 CALLS.
CAN YOU ANSWER THAT? HAVE YOU REVIEWED THE 9-1-1 CALLS IT'S A QUESTION MAY DID NOT ANSWER.
WE JUST FOLLOW THE LAW AND THE LAW IS WHAT THE LAW IS.
THE FACTS ARE WHAT THE FACTS ARE.
IF THERE ARE NEW FACTS THEN THAT'S SOMETHING YOU NEED TO A THE POLICE DEPARTMENT.
ERIC ROSS: BUT WITH ALL DUE RESPECT SIR YOU'VE NEVER ANSWERED OUR QUESTIONS.
IN FACT OUR NEWS DIRECTOR HAS CALLED MULTIPLE TIMES AND LEE HAS FAILED TO RESPOND.
DAN MAY: ERIC, IF YOU'RE JUST TRYING TO MAKE THIS LOOK LIKE YOU'RE CHASING AFTER ME....
LEE RICHARDS DAN MAY'S SPOKESPERSON: YOU JUST DON'T LIKE THE ANSWER THAT YOU GOT.
ERIC ROSS: WE HAVEN'T BEEN GETTING ANY ANSWERS FROM YOU.
LEE RICHARDS: YEH, YOU DON'T LIKE THE ANSWER.
WE RESPONDED ERIC, AND YOU DON LIKE THAT SO YOU CAME BACK WITH MORE QUESTIONS.> AND THAT WAS DAN MAY'S LEA SPOKESPERSON, LEE RICHARDS.
SHE'S RIGHT---WE DID ASK MORE QUESTIONS, BUT THAT'S OUR JOB AS JOURNALISTS.
AS IT STANDS TONIGHT, THE DISTRICT ATTORNEY'S OFFICE MAINTAINS THERE IS NOT ENOUG EVIDENCE TO FILE CHARGES.
WATCHING OUT FOR YOU, ERIC ROSS, NEWS FIVE INVESTIGATES.
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