The actions of Lake County Sheriff’s deputies were justified when they detained a family inside their home in Leadville, and did not constitute misconduct as , the 5th Judicial District Attorney’s Office has found.
Deputies responded to the home of Maria Hernandez-Ponce and Jose Calletano-Serrano Feb. 24 after receiving two emergency calls suggesting potential domestic violence and that one occupant was intoxicated and acting irrationally, according to the DA’s office. Children were in the home.
People inside the home did not open the door after repeated requests and so officers concerned about the welfare of the occupants forced open the door, the DA’s office says. Hernandez-Ponce tried to push an officer out while Calletano-Serrano also tried to make physical contact with the same deputy.
Both people fought back as the deputies handcuffed them.
Colorado law says it’s unlawful to use physical force to prevent or attempt to prevent a law enforcement officer from entering a premise to determine the nature of an emergency. If force is used against officers, they have the right to use reasonable amounts of force in self-defense and to complete their duties, according to the DA’s office.
Both Calletano-Serrano and Ponce-Hernandez have a hearing on June 29 for charges of harassment, obstructing a peace officer and resisting arrest.
