EL PASO COUNTY, Colorado — Court documents released Thursday contain details behind the decision to arrest a Black farmer and his wife from Yoder, Colorado for felony stalking charges.
The Probable Cause Affidavits were submitted to courts in December for the arrests of Courtney and Nicole Mallery. Courtney also faces charges of utility tampering and theft.
The couple who own many acres of land in eastern El Paso County claims they have been targeted for harassment because of their race. Their story gained national attention following an article published online describing how their property was vandalized and their farm animals killed has led to a flurry of calls to the El Paso County Sheriff's Office to address the accusations of racism in the community.
Courtney Mallery, was arrested earlier this week further agitating a volatile situation. The Rocky Mountain NAACP is involved in the case, working to seek a resolution. El Paso County Sheriff Joe Roybal has also put out a call to community leaders as he seeks to de-escalate tensions.
See the documents: Probable Cause Affidavit (Courtney Mallery) | Probable Cause Affidavit (Nicole Mallery)
The deputy who wrote the six-page document said the victims, Teresa Clark, and her elderly mother, "fear for their safety because of the unusual and disturbing behavior" by their neighbors the Mallerys.
Deputy Sergeant Emery Gerhart wrote that Ms. Clark provided him with more than 4 gigabytes worth of video and digital images documenting activity that he believes is criminal in nature.
He said the Mallerys had taken out restraining orders against Ms. Clark yet frequently went out of their way to drive past their property.
The Clarks use an easement to access their property from the intersection of Truckton Road and Lauppe Rd. That easement runs along the southern boundary of the Mallery property. The easement is located slightly more than a mile from a gate on Lauppe Road which provides access to Mallory property.
"One incident shows Nicole stopping her vehicle in front of Teresa's property. She then exits her vehicle, places her hands in the air, and says, 'Hands up don't shoot,'" Gerhart wrote.
"Another video shows Nicole using some type of loudspeaker or public address system where she is speaking of things that Teresa should, pack, 'for Heaven.'"
Gerhart said he executed a search warrant at the Mallery property in late November and seized three surveillance cameras and three motion sensors that were directed at the Clark residence.
As he was executing that warrant, Gerhart wrote that he, "observed unusual wiring coming from one of the transformers on one of the power poles."
He contacted the South East Power Company Association (SEPCO) and an employee said the power hook-up to the transformer was not conducted by SEPCO.
Gerhart said the theft charge stems from an incident in December where Mr. Mallery was seen crossing his fence line onto the easement.
"There he takes Ms. Clark's Trash can and loads it onto his truck before driving away," Gerhart wrote. "The can is valued at $25."
News 5 contacted Teresa Clark by phone Thursday afternoon. She declined our request for an interview saying she believes we would only provide one side of the story.
Portia Prescott, President of the Rocky Mountain NAACP explained that Nicole Mallery surrendered to the Elbert County Sheriff's Office after the arrest warrants were issued. She was immediately released on bond.
Courtney Mallery was taken into custody by Colorado State Troopers in Colorado Springs in January. His arrest was widely shared on social media.
Prescott said her primary concern for getting involved was to look after the safety of Mr. Mallery after his arrest since he was held overnight in the El Paso County jail before appearing at a bond hearing.
"Our concern was that El Paso County detention center has a history of mistreatment of inmates of color and we just simply wanted to make sure he got out okay. He was safe. They weren't going to utilize some of the trickery that they do," Prescott said.
She also said she fears that a conviction, in this case, could prevent the Mallerys from enjoying access to their property given the proximity to the victims.
It could also strip them of their right to own firearms. As News 5 reported Wednesday, the Mallerys claim they have been targeted for racial harassment since purchasing the property in 2020.
The Rocky Mountain NAACP is conducting a fact-finding investigation into the dispute to get a clear understanding of the property boundaries.
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