Road-closure case tossed
Charge dropped after prosecution fails to prove blockage was illegal
By JEREMY MEYER THE GAZETTE
CRIPPLE CREEK - A Teller County judge on Thursday dismissed charges against a man who put up a fence on his property to block a road frequented by all-terrain vehicles. Darwin Floyd is pleased he’s no longer at risk of becoming a criminal for trying to protect his privacy, he said outside the courthouse. Floyd said he doesn’t know whether he’ll lock the gate again or whether sheriff’s deputies will come to his aid when he reports trespassers. The issue began a decade ago when Floyd bought an old mining claim north of Divide surrounded by the Pike National Forest. He built a large house and was surprised to find people driving through his property in all-terrain vehicles. He got into confrontations and was threatened, and his property was vandalized. He put up a gate and locked it. That angered outdoor enthusiasts who have used the road for years. Teller County officials responded by finding the roadway printed on old maps. County commissioners in 2001 passed a resolution to make the road officially a public right of way. Sheriff’s deputies then served a summons to Floyd on the misdemeanor charge of blocking a public road. If found guilty, Floyd could have faced a maximum penalty of six months in jail and $750 in fines. He took the case to court, however. Wednesday, a jury was empaneled in Teller County Court to hear the case, but the jurors never got to make a decision. Judge Jackson Peters dismissed the charge after the prosecution presented its case. Tim Pleasant, Floyd’s attorney, said the prosecution couldn’t prove why it was illegal for Floyd to block the road on his property. It may not be over, Pleasant said. The county could evoke condemnation proceedings or bring the matter to civil court for a judge to decide who has the rights, Pleasant said. “I hope they are not foolish enough to try those other actions,” he said. CONTACT THE WRITER: 476-1623 or jmeyer@gazette.com