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Deputy Charged For Jailing Firefighter

Charges Dropped Against Leadville Firefighter, Lake County Deputy Faces Misdemeanor

POSTED: 10:18 pm MDT April 14, 2010
UPDATED: 2:24 pm MDT April 15, 2010

A Lake County deputy who jailed a Leadville firefighter last month will face charges.

Deputy Steven James jailed Leadville Fire Captain Dan Dailey March 27 when Dailey responded to a medical call to treat a domestic violence victim who was being interviewed at the jail.

According to court documents obtained by 7NEWS, James faces charges of impeding an official in a public building, official misconduct and obstructing a firefighter or medical personnel. All three are Class II misdemeanors.

Lake County District Attorney Mark Hurlbert said this is an issue of public safety.

"There was a person that was hurt and there was a qualified EMT that was there," said Hurlbert. "[The deputy] wouldn’t let him in and on top of that, impounded him."

James is scheduled for his first court appearance on May 10.

Hurlbert said he is dropping the charges against Dailey.

Sheriff Edward Holte said on March 27, a woman went to the Lake County Sheriff's Office with her children to file domestic violence charges against her boyfriend. Holte said his deputies called for an ambulance to examine the woman.

"We did an ambulance -only page, which means only the ambulance is supposed to respond," said Holte. "It was a non-emergency response. All we needed was medical people to be on scene to take a look at her and let us know exactly where she was at and what kind of condition she was in."

Holte said the fire department responded on its own will and arrived moments before the ambulance.

Holte said James told the captain the fire department's services were not needed and asked him to leave. When Dailey refused, James handcuffed him and put him in a cell.

The district attorney launched an investigation into the incident the following Monday.

Mayor Bud Elliott and Fire Chief Bob Harvey said this incident stems from an ongoing dispute between the sheriff's office and fire department.

"It is reprehensible," said Harvey. "This is what we are all about; being there to render aid to assist and care. So, as far as I am concerned, this could have been more appropriately handled had my crew been allowed to begin the basic life support procedures and then taken care of (other issues) later. This was not the appropriate time, place or event for these issues to come out."

Dailey did not want to comment on the charges filed against James when reached at the firehouse Wednesday evening.

The sheriff was unavailable Wednesday night.

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