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home : latest news : local June 30, 2016

2/9/2013 2:51:00 PM
Jury hears weapons case against Ivo Buddeke
Ivo Washington Buddeke
Ivo Washington Buddeke

Jon Hutchinson
Staff Reporter

Ivo Washington Buddeke sat quietly at the defendant's table during the first four days of a trial on his charges of disorderly conduct with a weapon. Buddeke is alleged to have improperly waved a shotgun at crews clearing trees for surveying a new water line on Bentley Drive in Lake Montezuma.

He told Judge Michael Bluff that he wants to testify.

The eight-member jury heard Patsy Olsen of Montezuma Rimrock Water Company tell the court the work was part of a project to extend a water line from the MRWC Wellsite 1 to Wellsite 4 along Bentley drive through Lot 559, owned by Buddeke. Surveyors were establishing the right of way easement along the road and a work crew was cutting some branches to provide line of site for the survey.

Olsen said that morning she had received a cell call from Tim Hardy, a foreman for Rask Construction, who told her, "You'd better get down here."

Defense counsel Thomas Kelly tried to show the jury that what was stated by Olsen and what actually happened were two different things, attempting to discredit Olsen, asking her about her allegation that Buddeke told her, "Get off my property" and "I'm going to shoot you."

Kelly asked Olsen, "Why is it that you can remember better today, 20 months later, than just two months after the incident" when she was interviewed by a deputy.

Olsen's 911 call was played. She sounded reserved and asked for help about a construction dispute, but did not mention the shotgun at the time.

While Kelly was able to show that Olsen's recollection of Buddeke's statements at the time were not consistent with what she told deputies of the incident later, Prosecutor Jay Ireland said there was never any doubt that the defendant was holding a shotgun.

It seems that everyone had a camera that morning, April 18. Buddeke was holding a video camera, one surveyor was taking pictures of Buddeke and Norm Rask of Rask Construction was taking picture of the entire incident from his truck where he was sitting.

Often, Buddeke could be seen holding the shotgun, pointed straight up in the air and leaning against his shoulder. The camera was in his other hand. However, one picture shows the rifle held laterally as some later described as a "sweeping" motion.

Kelly frequently attempted to show that in many pictures, Buddeke did not have his finger on the trigger or even on the trigger guard.

The workmen indicated they were intimidated by Buddeke's gun. The foreman said he was afraid of an accidental discharge and went and stood behind his boss' truck and stayed there.

Rask said he asked himself, "What's going on and whose going to get hurt," acknowledging that he "was looking at the working end of a weapon" and he said, "the entire work area was threatened."

Another worker said that he was waving the gun around, but did not point it.

At one point, Jay Ireland asked the judge for a mistrial, saying that Kelly had interviewed witnesses about "criminal trespassing" in front of the jury when there was no testimony and no evidence introduced of a "criminal trespassing" and Buddeke "is the only one who can describe that."

The judge recessed, but when he returned he denied the mistrial request."

Kelly called Ivo's lawyer, Steven Schwartz, to testify. Schwartz told the court that he had been called by Buddeke that morning and told that there were people on his land and they weren't listening to him.

When Buddeke asked, he said that he told him you can show a shotgun "but don't shoot anybody."

Did you consider the possibility of violence?" asked Jay Ireland.

"Anytime there are weapons involved, there is the possibility of violence." said Schwartz.

The case was in recess Friday and resumes Monday.

Taylor Waste

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Reader Comments

Posted: Wednesday, February 13, 2013
Article comment by: Fellow Land Surveyor

Ivo is or was a Land Surveyor. Interesting.

Posted: Wednesday, February 13, 2013
Article comment by: Hope this isn't a preview

Just from the articles I've read, Ivo Buddeke doesn't seem to have done anything to warrant being knocked down and jailed for even a day. Warned, maybe. Cited, maybe. But all he was doing was waving a shotgun on his own property and speaking harshly to people he didn't think should be there cutting his trees.

I've got a bad feeling we're going to see a lot more of this kind of overreaction if we get another round of federal gun laws.
Cass Scott

Posted: Tuesday, February 12, 2013
Article comment by: seems mr. buddeke was aquitted on 2-11-13... .

hopefully his acquittal will get the same coverage as his trial?

Posted: Sunday, February 10, 2013
Article comment by: Joe Justice

Let's see what happens in this case I just did time in jail with a guy who had the same kind of case and got 6 months with a public defender as his attorney.

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