3 days ago
4 people charged in Loveland park incident involving council member Erin Black
Four people were issued a summons for harassment, but not Loveland City Council member Erin Black, after a March park altercation that has led to an effort to recall her.
The Larimer County Sheriff's Office said in a news release May 30 it concluded its investigation into the case, and the Eighth Judicial District Attorney's Office issued summonses for class 1 or class 2 misdemeanor harassment.
But Black is not among the people who will be facing criminal charges.
The charges stem from a March 29 incident in Loveland's Dwayne Webster Park that involved resident Dillon Kaiser, Black and others who were at the park with her.
A video recording publicly posted March 30 by Kaiser showed the two sides arguing with each other for about 10 minutes. In the video, taken by Kaiser, the parties can be seen taunting each other, calling each other names and daring each other to make physical contact.
Black can be seen yelling at Kaiser, carrying an umbrella and gesturing toward him with it while standing close to him.
After the incident, Loveland City Council members formally asked Black to resign, calling her behavior unacceptable. They said her actions lacked decorum that an elected official should have, undermined public trust and damaged the integrity of the council.
She has not resigned, and now a recall effort is underway.
The Loveland Police Department asked the sheriff's office to take over the criminal investigation after learning a Loveland council member was involved.
The District Attorney's Office, in a social media post, explained why Black was not charged.
In a Facebook post, the DA's office said it had multiple video angles of the incident, including some that were not made public.
The complete video evidence demonstrated there was no contact between Black and Kaiser, the post said, and "it was reviewed by multiple attorneys who came to the same conclusion."
While the allegation of physical contact involving Black did not lead to charges, another allegation did because it was corroborated by video evidence and on-scene statements, the post said.
"In Colorado, a criminal charge of harassment must fall into a narrow set of parameters," the post said.
In the case of the four people charged, there was actual physical contact and repeated taunts that specifically tried to solicit a physical confrontation or violence, the DA's office says.
"Other communications, even if aggressive or confrontational, that don't meet the narrow statutory exceptions, are Constitutionally protected free speech," the post says.
This article originally appeared on Fort Collins Coloradoan: Loveland council member Erin Black isn't charged in park incident
