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Administrative Agency: MCSO Incident #: 201000000489 Case _Nr: 201000000126 <br />Report No. 1 Entered: 02/04/2010 09:50 By Officer: 00000527 Jose Munoz <br />Subject: trespass <br />Statement of Deputy Munoz, M.C.S.O.. <br />Victim: John LONGACRE DOB: 7-24-56 <br />Subject: Patrick SCHILKEN DOB: N/A <br />Greg WESTHOFF DOB: N/A <br />On January 13, 2010, at approximately 1557 hours I met with LONGACRE and his <br />attorney, SCHILKEN, at the Sheriffs Office. LONGACRE reported trespass at several <br />locations on his property. He said it has been an ongoing problem for about twenty-five <br />years. He believes it is his neighbors at Morgan Sand and Gravel. Greg WESTHOFF is <br />the owner of Morgan Sand and Gravel. LONGACRE has been in a continuous dispute <br />over grazing rights and land contamination caused by Morgan Sand and Gravel. He has <br />only found tire tracks on his property and never has been able to catch or identify anyone <br />on his property. LONGACRE's property surrounds about three-quarters of Morgan Sand <br />and Gravel's property. LONGACRE also reported trespass on 3-2-09 to Deputy Jake <br />Fajardo on case number: 09-228. <br />The most recent trespass occurred when Morgan Sand and Gravel was ordered by the <br />Colorado Division of Reclamation and Mining (CDRM), to clean-up debris and fill-in <br />gullies caused from rain. CDRM ordered that prior to Morgan Sand and Gravel starting <br />the clean-up, they ask permission to access LONGACRE's property. Morgan Sand and <br />Gravel completed the clean-up, but neglected to ask for permission. The clean-up was <br />done the summer of 2009. He did not see anyone on his property and only found tire <br />tracks around the areas where the clean-up was done. LONGACRE said WESTHOFF <br />had also erected a fence around the Morgan Sand and Gravel property. He said <br />WESTHOFF started the fence in November of 2008 and it was completed in December <br />of 2009. During the construction of the fence he also found tires tracks on his property <br />but was never able to catch anyone. <br />I told LONGACRE I could not pursue charges until he actually saw someone on his <br />property and could identify a suspect. He wanted me to pursue charges against the - <br />business of Morgan Sand and Gravel. I told him the District Attorney's Office would not <br />charge a business for trespass, but I would talk to the DA's office. <br />I did talk to Deputy DA Jamie Tholson about the case and she confirmed the DA's office <br />could not charge a business for trespass. Eos/527/jm