Prescott citizens wear masks to police protest

(Editor's note: The following article is reprinted from Prescott AZ Insights, a blog by former Prescott Mayor Jack Wilson. It recounts a case of forced entry by Prescott police officers and wonders if they used Gestapo tactics. The incident has apparently enraged a sizable group of Prescott citizens who are staging a protest rally today -- some wearing masks to avoid possible retaliation.  We believe the issue of small town police departments and rural sheriff's departments being overzealous in their pursuit of justice is a legitimate concern for Rim Country residents.  Feel free to post your comments on this issue below or by clicking BY THE PEOPLE on the right.)

by Jack D. Wilson

“Dynamic Entry” – normal procedure for minor white-collar search warrants?
In their October 29 issue, the Prescott Courier reporter Cindy Barks wrote in her City holds press conference on Castaneda arrest

“The police officers who used a ram to enter the home of former Elks Opera House Manager Dawn Castaneda on Oct. 13 were following normal search-warrant procedure, says Prescott Police Chief Mike Kabbel.”

and furthermore...

“Kabbel reported that the police knocked on the door and announced the search warrant. After knocking again and waiting 20 seconds, Kabbel said the officers used a ram to open the door, although he said the police did not break down the door.

"The police chief acknowledged that the six or seven police officers who were involved in the search entered the home with their guns out, although he said, 'They weren’t pointed at anyone.'”

Did Prescott police use Gestapo-like tactics with their 'Dynamic Entry?
The type of entry used is called a dynamic entry, and is normally employed when there is a great risk of violence involved, or a credible threat to the officers (such as a drug bust, apprehending a murder suspect, etc.). This situation failed to meet either of those standards.

The police admitted they had Dawn under surveillance, but still felt compelled to break her door down and terrify her kids with guns drawn on them. They used seven (7) sworn officers, six with guns drawn and the last with a battering ram, to execute a simple search warrant based on accusations of credit card misuse amounting to $6,000. Deploying seven (7) sworn police officers was overkill.

There were four children in the house at the time, two of grammar school age and two of high school age, the oldest being 17. Most parents teach their children not to open doors for strangers. It is easy to understand why a seventeen year old might not have understood what was happening in 20 seconds.

Brown Bag Protest Rally – Please attend!
Due to Mayor Marlin Kuykendall’s ongoing behind-the-scenes retaliation against members of the newly formed “Prescott Citizens Against Bullies,” participants in Monday’s protest march on Prescott City Hall are encouraged to wear Halloween masks for the protest to avoid retaliation (wearing of masks is optional – I will not be wearing one, but if you fear retaliation go ahead and wear one) . The protest will be led by “The Unknown Protester,” whose head will be covered with a large paper bag to avoid being identified.

Prescott Citizens Against Bullies is a group of citizens concerned about the recent firing and subsequent arrest of former Elk’s Opera House manager Dawn Castaneda. The Brownbag Protest March takes place at Prescott City Hall from 11:30 a.m. – 1:00 p.m. Monday, November 1, 2010. All citizens concerned about the firing and subsequent arrest of Castaneda, following allegations she made that Prescott Administrative Services Director Mic Fenech berated her and created a hostile work environment, are invited to join in this peaceful civic protest at City Hall.

The group’s official chant for this protest march is: Hey! Hey! Ho! Ho! Mic and Norwood Have to Go! Ho! Ho! Hey! Hey! You Must Clear Dawn Today!

Some citizen comments on the Courier article

Legal Use of Dynamic Entry
I am not a lawyer, but one of the comments on the Prescott Courier story by “Prescott Citizen” raises some legal questions:

“There are only certain situations when this 20 second announcement and ‘ramming’ procedure can be considered a ‘normal procedure’. To say it is unequivocally ‘normal’ procedure is not correct. The Supreme Court’s recent ruling on Hudson v. Michigan clarifies this. Failure to carefully and clearly follow procedure as defined by the guidelines issued by the ruling of the Supreme Court can result in serious and unintended consequences. Plaintiffs have the constitutional right to sue law enforcement officers who violate their constitutional rights.

The Federal Civil Rights Act, Title 42, United States Code Section 1983 provides Americans with remedy for violation of civil rights secured by the laws of the United States. When a person is placed in danger by a law enforcement officer, or their civil rights are violated, charges may include but not be limited to assault, battery, trespass, false imprisonment, false arrest, intentional infliction of emotional distress, and breaking and entering resulting in litigation.

There were 4 children alone in this house, and the effects on them cannot be denied, when the police rammed the front door, giving a few seconds notice, with 6 guns drawn out of their holsters.”

How are the four children doing?
Another posted comment on the Prescott Courier story by “AUNT Afraid for our family’s future” points out the damage the four children have suffered:

“We instill in our children from the time they begin to walk and talk, that Police Men are our friends. If Mommy or Daddy are hurt, or if you are hurt, and or someone is trying to hurt you call the Police, find a Police Officer and they will help you and keep you safe! After seeing the terrified faces of my nieces and nephew ranging in ages from 17yrs. down to 6yrs. old, explaining how they were forced to put their hands up while a gun was being held to them. It makes you think before teaching your children that police men will help you and keep you safe from the “Bad People”. Some of you may not agree, but after looking into the eyes of a 6yr. old as he explains and demonstrates how he was told to put his hands up with a gun being held at him, with a terrified look in his eyes and his hands shaking. He was told to do this by someone he thought would help him and keep him safe. So as we were up through the night trying to comfort them from the nightmares of the sound of big men screaming and yelling at them while being ripped from there beds with guns in their faces, I want to say Thank You Prescott Police Department for 'HELPING OUR CHILDREN'! Oh but don’t worry because as I quote from the mouth of a child 'Don’t Worry We’re the GOOD GUY’S'”

I held off including the above comment until I could verify that it was authentic. Dawn Castaneda has verified that it is. And even more troubling is something else she said – she said her husband Gabe and she were arrested at Albertsons before the police executed their “dynamic entry” into their home.

A simple question for Mayor Kuykendall and/or City Manager Norwood
I ask a simple question: why could not the police have driven her and Gabe a few short blocks to their home and had them open it for the search? Perhaps Mayor Kuykendall or City Manager Norwood has a simple answer to that. Let us see.

Citizens – it is time to stand up
Our city leadership took the worst possible course of action in this case. Dawn Castaneda had submitted a letter of resignation accusing City of Prescott Administrative Director Mic Fenech of creating a hostile work environment.

The City wanted to get rid of a prickly thorn in their side, Dawn Castaneda, and protect Mic Fenech. Let us not pull punches; by city leadership we mean Mayor Marlin Kuykendall and City Manager Steve Norwood. Leadership starts at the top. If you believe these were acts of retribution, let your elected officials know what you think.