In lawsuit, retired state police officer claims grudge led to false arrest

Claudia L. Silva, The Santa Fe New Mexican
·3 min read
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Aug. 12—A retired New Mexico State Police Officer is suing the Colfax County Sheriff's Department and the Angel Fire Police Department for allegedly violating the state Civil Rights Act over a personal grudge.

A civil complaint filed Monday in state District Court by Benjamin Swope — who worked for state police at the time — claims Sgt. Tom Lewis of the Colfax County Sheriff's Office wrongfully charged him with battery without probable cause.

Swope was arrested in September after an altercation at the National Rifle Association's Whittington Center shooting range near Raton. Swope, his wife and father-in-law were approached by a group of strangers who yelled and cursed at them, according to Swope's civil complaint. One of the strangers — who was later identified as Shane Bryan — reached for Swope's gun, which was sitting on a table in front of him.

"That's the point at which my client basically slaps his hand away from the gun, knocks his cellphone out [of his hand], and that was the whole basis of the battery charge," Swope's attorney Nicholas Sitterly said in an interview.

"From my perspective, it's absurd," Sitterly added.

Lewis soon arrived on the scene after a member of the group then called 911. According to Swope's complaint, Lewis had previously worked with Swope at the New Mexico State Police and he had a "personal grudge" against Swope due to conflicts.

"Lewis never should have been the investigating officer due to his negative relationship with Officer Swope," the lawsuit says.

The criminal complaint with the Raton Magistrate Court charged Swope with one count of misdemeanor battery. The court dismissed the charge Feb. 18 after hearing Swope's testimony and viewing a video of the incident. The video, which was taken by Bryan, shows Swope standing in front of his firearm. Bryan goes toward the gun before his phone is knocked out of his hand.

At some point after Swope's arrest, Lewis left the Colfax County Sheriff's Department to work for the Angel Fire Police Department. While working at his new job, he refiled the charges against Swope on March 7, this time with the Springer Magistrate Court.

Swope's lawsuit says the Angel Fire Police Department does not have jurisdiction at the NRA Whittington Center shooting range where the incident occurred and did not investigate the case. Sitterly said the situation was bizarre.

"Somehow the officer files the same citation again, but in a different courthouse and breaks all the rules for refiled citation," he said.

Swope's complaint alleges the Colfax County Sheriff's Office and the Angel Fire Police Department failed to catch erroneous and improper complaints and did not train its officers or supervisors to ensure facts supporting probable cause were listed.

Sitterly said Swope is seeking damages for the pain, suffering, humiliation and embarrassment he and his family faced and reimbursement for costs and expenses, including attorney's fees.

"I don't think we're looking for sky-high damages here, but just something that fairly compensates them for the experience," he said.

Lewis declined to comment, and the Colfax County Sheriff's Department and the Angel Fire Police Department did not immediately respond to a request for comment Thursday.