by Eric Mullens
WALSENBURG — Amanda Daniels is hoping to be able to sleep through the night now. It is something she hasn’t been able to do since last May.
Daniels was involved in an altercation with Walsenburg Police on the night of May 17, 2012, where she was shot multiple times with a taser and OC chemical spray subsequent to her arrest on Stacy Drive when police were called to the location to investigate a report of a possible disturbance and underage drinking party.
That complaint never panned out. Police officers Cpl. John Salazar and Rich Isnetto responded to the dispatch and said Daniels interfered with the investigation and ended up fighting with police when they attempted to arrest her.
There was never an arrest or report made concerning the original call of a loud party.
The looming cloud of a trial set to begin April 8, 2013 on serious charges of felony assault and felony attempt to disarm a police officer is no longer a worry for Daniels.
On February 28, Daniels received a phone call from her attorney, Adam Schultz, advising her he had learned from the district attorney’s office they were filing a motion to dismiss the charges against her.
The motion was received by the district court on Feb. 28 and was approved and signed by Third Judicial District Judge Claude Appel on Monday, March 4, 2013.
In the motion filed with the court, District Attorney Frank Ruybalid said, “ Upon review of the evidence elicited at the motions hearing in this case, the Prosecution would be unable to prove these offenses beyond a reasonable doubt at trial.”
Assistant District Attorney Clay McKisson said Wednesday, “Essentially we felt we wouldn’t win at trial with the evidence that was presented at the motions hearing.” McKisson said while the motion to dismiss did not specify if the request was being made with or without prejudice, he didn’t feel the DA’s office would be refiling any of the charges against Daniels.
The motions hearing referred to was a two day hearing held on January 24th and 29th in which the defense called a number of eyewitnesses and law enforcement officials.
“Now I can get on with my life,” Daniels told the Huerfano World Journal on Tuesday. “Every time I was in that courtroom it was hell, as I had to relive that night,” she said. “I appreciate everyone who stood behind me,” Daniels said.
Daniels said while it is important to put the incident behind her and get on with her life, she is in discussions with her attorney and may be contemplating filing a lawsuit against the City of Walsenburg.
If that were to happen, Daniels may find that the statute of limitations between the time of the event on May 17, 2012 and now has expired under state law.