After two men were arrested for trespassing for the second time in just days, the arresting agency—the Colorado City-Hildale Marshal’s office—is again coming under fire. The controversy revolves around whether or not there is discrimination against non-Fundamentalist Church of Jesus Christ (FLDS) members by local law enforcement in Hildale, Utah, and Colorado City, Ariz.
A few days after Patrick Pipkin (an employee of Prairie Farms) and Andrew Chatwin were arrested for trespassing on 12 acres of land that had been previously used for a zoo in Colorado City, the men were arrested for a second time on the property. Both men were charged with a class 3 misdemeanor and transported to the Purgatory Correctional Facility on a $3500.00 bond each.
There are three classes of misdemeanors in Arizona, the least severe of which is a Class 3. Many criminal acts warrant a Class 3 misdemeanor in Arizona; generally, these acts are considered to be minor and the subsequent punishment reflects that. Once convicted, a person may or may not even be given a fine—typically up to $500 if one is imposed. Up to 30 days in jail may accompany the fine depending on the circumstances.
Attorney Jeff Matura, with Graif Barrett & Matura, the firm representing Colorado City and the Marshall’s Office, said that the issue boiled down to a basic civil property dispute.
“The parcel of property in question was formerly the zoo,” Matura said. “It is currently not zoned or subdivided as either residential or commercial property. There were residents living on the property. The men did not have a court order, just a property lease from the United Effort Plan Trust in hand. There had been no eviction notice given to the current residents, so local law enforcement officers were called. When they arrived, the men were asked to leave and told to file the dispute with the courts and let the judge decide the outcome. They refused to leave the property for the second time and were arrested and transported to the Purgatory Correctional Facility.”
Prairie Farms had legally leased the property through an agricultural agreement with the United Effort Plan Trust to Pipkin and Chatwin.
Per the UEP website, the stated purpose of the UEP is to provide for the needs of the intended beneficiaries of the trust. The UEP Trust is a continuation of a trust created in 1942 by the founders of the Short Creek community, which later became Hildale, Utah, and Colorado City, Ariz. However, in 2005, the State of Utah seized control of the trust, and since then, many FLDS residents in the area have refused to abide by it.
The trust controls of most of the public area in the Hildale/Colorado City area, with jurisdiction over streets, parks, cemeteries and many other spaces and buildings. All of these are to be used to help the living conditions of the local residents.
The long term goal of the UEP Trust is to help local residents to become independent in their control of their belongings and in some cases in the ownership of their homes. Another goal of the trust is to encourage the establishment of viable long-term local retail businesses. Further goals includes encouraging businesses and younger residents to remain in the Hildale/Colorado City area.
“This is an outrageous conspiracy between the FLDS and the Colorado City-Hildale Marshal’s office,” said UEP attorney Bill Walker. “The Marshal’s office is nothing more than an extension of their polygamist, rapist prophet Warren Jeffs who’s sitting in a Texas prison serving a sentence of life plus 20 years. I guess after the Cooke settlement they still didn’t learn.”
Walker was referencing Ronald and Jinjer Cooke who were awarded more than $5.2 million by jurors after winning their fair housing rights lawsuit against Colorado City and the City’s power and water utilities. That trial lasted for more than two months. The Cookes were denied access to utilities because they were not FLDS. They were having to carry water in and sewage out of the trailer. Ronald Cooke was born in the Short Creek area comprising the twin state-line cities. He moved away from Short Creek for several years and became disaffected from the FLDS Church but moved back after deciding to live close to family members and friends in 2007. The Cookes were represented by Walker.
“The Marshal’s in Colorado City and Hildale are nothing more than thugs dressed in uniform,” Walker said. “They continue to harass and even commit acts of violence against anyone who is not affiliated with or disaffected from the FLDS Church. Their day is coming. We will not drop this. We are going after their police licenses.”
Law enforcement in the twin cities of Hildale and Colorado City is overseen jointly by the Marshal’s Office and the Mohave County Sheriff’s Office. $420,000 was awarded to Mohave County for the purpose of reinforcing Sheriff’s deputy patrols in the area.
The website of Arizona Attorney General Mark Brnovich is blunt in its assessment of the loyalties of the Marshall’s Office: “The Marshal’s office is effectively under the control of the dominant church in Colorado City, the Fundamentalist LDS church (FLDS). Added MCSO patrols ensure that credible and independent law enforcement is available in Colorado City.”
