1/7/2010 8:35:00 AM No charges against David Carl;
city to be sued for harassment
VVN file photo The Verde Valley SWAT team converged on Wild West Express on Cottonwood's Main Street east of Verde Lea Market July 21. Helmeted officers were armed with automatic weapons and carried a search warrant seeking evidence, reportedly based on a complaint from a Child Protective Services worker.
COTTONWOOD -- A July 2009 investigation into a suspected child abuse situation in Cottonwood has been turned on its head.
The Verde Valley SWAT team converged on Wild West Express on Cottonwood's Main Street east of Verde Lea Market July 20. Helmeted officers were armed with automatic weapons and carried a search warrant seeking evidence, reportedly based on a complaint from a Child Protective Services worker.
The small package handling-and-delivery service was surrounded by police vehicles and SWAT team members. A "flash bang" device was used by officers inside the building to deter a family dog. The service business on the bottom floor and a second story residence were searched and computers, bed sheets and other evidence were seized.
Operator David Carl claims he has been harassed by the city, first by the planning department over occupancy and sign issues.
The city said the force was needed because Carl has been anti-government, and is known to keep weapons in his business.
Six months later, Police Chief Jody Fanning says the County Attorney's Office will not prosecute Carl at this time. There are no pending charges against Carl or the business.
An earlier planning department civil case against Carl was dismissed by the city.
Meanwhile, Carl and his attorney have filed a notice with the City of Cottonwood that he intends to file a lawsuit against Cottonwood and its police department over the alleged harassment.
City Attorney Steven Horton says he has not seen a formal filing yet, but believes by the notice of intent that it alleges civil rights violations.
The notice was served about Nov. 24, 60 days in advance of a formal lawsuit.