Former police officer, co-defendant finding new counsel

PORTALES — The former police officer and his co-defendant in a 2016 lawsuit against the city of Clovis and its police department have a couple of weeks now to find new counsel, following approval Wednesday of the withdrawal of their previous attorney.

In a brief hearing, Judge Donna Mowrer approved a motion to withdraw filed June 7 by Tye Harmon, who previously represented Stephen Borders and Samantha Jara. A lawsuit filed on behalf of Michael Green alleged assault, battery, wrongful detention and false imprisonment, among other charges.

A complaint filed by Green’s attorney Dan Lindsey said Borders was driving with Jara on March 20, 2016, and swerved in front of Green, then “grabbed (Green) by the neck, and beat (him) severely.”

Borders, a sergeant with CPD at the time, “claimed he was acting under the color of his authority” during the incident but was subsequently charged with battery and terminated from CPD.

Harmon said his law office would be representing the city of Clovis starting July 1 following the retirement of attorney Dave Richards and that he could no longer represent Borders and Jara.

“The circumstances now cause a direct conflict between representation of the Defendants and the firm’s new client, the City of Clovis, which counsel does not believe can be waived,” said Harmon’s motion.

Defense attorney Ben Herrmann stood in as temporary counsel for Borders and Jara during the hearing Wednesday afternoon, while Cody Rogers appeared for CPD and the city and Dan Lindsey appeared for Green. Harmon attended the Roosevelt County hearing telephonically.

Mowrer said Wednesday that Borders and Jara have 20 days to find new counsel or else be represented pro se. The case was previously scheduled for a jury trial starting July 30, but new dates will be set after the allotted 20 days.