A retired New Mexico State Police Officer is suing the Colfax County Sheriff’s Department and the Angel Fire Police Department for allegedly violating the state Civil Rights Act over a personal grudge.
A civil complaint filed Monday in state District Court by Benjamin Swope — who worked for state police at the time — claims Sgt. Tom Lewis of the Colfax County Sheriff’s Office wrongfully charged him with battery without probable cause.
Swope was charged in September after an altercation at the National Rifle Association’s Whittington Center shooting range near Raton. Swope, his wife and father-in-law were approached by a group of strangers who yelled and cursed at them, according to Swope’s civil complaint. One of the strangers — who was later identified as Shane Bryan — reached for Swope’s gun, which was sitting on a table in front of him.
“That’s the point at which my client basically slaps his hand away from the gun, knocks his cellphone out [of his hand], and that was the whole basis of the battery charge,” Swope’s attorney Nicholas Sitterly said in an interview. “From my perspective, it’s absurd.”
Lewis soon arrived on the scene after a member of the group then called 911. According to Swope’s complaint, Lewis had previously worked with Swope at the New Mexico State Police and he had a “personal grudge” against Swope due to conflicts.
“Lewis never should have been the investigating officer due to his negative relationship with Officer Swope,” the lawsuit says.
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