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News (Media Awareness Project) - US ID: Editorial: Latest Claim Over Eden Raid Will Be Harder
Title:US ID: Editorial: Latest Claim Over Eden Raid Will Be Harder
Published On:2001-05-22
Source:Times-News, The (ID)
Fetched On:2008-01-25 19:03:35
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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