Judge postpones motion decision

CLOVIS — A district judge postponed granting a motion against Roosevelt County Sheriff Malin Parker that said he had no right to interfere with Elida law enforcement.

The motion hearing was held Wednesday morning at the Curry County courthouse in District Judge Fred Van Soelen’s courtroom.

Portales attorney Eric Dixon filed the suit against Parker on behalf of the town of Elida. The suit alleges Parker interfered with Elida law enforcement on four instances, including a Sept. 28 incident with Elida police enforcing a town ordinance involving dogs killing livestock.

The lawsuit claimed Elida Police Chief Joe Alford issued a citation to the dog’s owner and took the dog to the Portales animal shelter. Parker returned the dog to its owner and said “chickens were not livestock,” according to the lawsuit.

Portales attorney Randy Knudson, representing Parker, called the lawsuit a “farce.”

“It’s an effort to gain publicity by the town of Elida, and they’ve achieved that,” said Knudson. “The case itself substantially has no merit.”

Dixon said Elida was suffering irreparable injury because of the inability to enforce ordinances and incidents.

“The sheriff has no power to overrule town ordinance and interfere with the duties of law enforcement,” said Dixon.

Dixon claimed issues between Elida and Parker have been going on since 2012, when Dixon said Parker, then Deputy Sheriff, threatened Elida Mayor Durward Dixon (no relation to his attorney) while the mayor was enforcing town ordinances.

Knudson said he and Roosevelt County officials were unaware of any issues Elida had with the sheriff’s office until a story published by the Portales News-Tribune reported the lawsuit filed by the town of Elida.

Dixon said town ordinances require dogs running loose to be impounded, but claimed Parker took matters into his own hands regarding the livestock incident.

Knudson said officials with the Portales Police Department informed Alford no agreement was in place for Portales to accept dogs from Elida. At that point, Alford agreed to let the dog return to its owner if left at the kennel.

Dixon said the lawsuit could have been prevented if Parker discussed the matter with Mayor Dixon over the phone, but added Parker refused to do so.

Van Soelen asked Dixon what the mayor would have said to Parker to prevent the lawsuit.

Dixon said the mayor would have educated Parker on the town’s ordinances.

Van Soelen questioned if it was part of Parker’s duty to receive separate calls from the mayor. Dixon responded there was no obligation to take calls, but the village has a duty to enforce ordinances.

Knudson said Parker did not do anything except respond to 911 calls.

He also noted the only allegation against the dog’s owner was a dog was running loose. Knudson said the town ordinance refers only to dogs suspected of rabies, are injured or diseased or cruelly treated.

Van Soelen said he would need more time to read through the affidavits submitted by Alford and Parker and the petition for declaratory judgment by Dixon before making a decision to grant the motion.