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Notice of claim given to county

By DAVID BELL
Today's News-Herald
Published Friday, August 6, 2010 10:12 PM MST

A Golden Valley man arrested for attempting to carry a pitchfork into the Mohave County Administration Building has filed a $501,000 notice of claim against the county.


Mervin G. Fried said his constitutional rights were violated following his arrest during a Feb. 16 group protest at the county building in Kingman.

“It’s about the constitutionality and the transgressions the board of supervisors are pulling on the citizens of our county,” Fried said.

Fried said he mailed his notice of claim to all parties — County Manager Ron Walker; Supervisors Gary Watson, R-Dist. 1, Tom Sockwell, R-Dist. 2 and Buster Johnson, R-Dist. 3; County Attorney Matt Smith and Chief Civil Deputy Attorney Bill Ekstrom; Sheriff Tom Sheahan; and Clerk of the Board Barbara Bracken — on Friday.

Walker, Sockwell and representatives of the County Risk Management Department were not available Friday to confirm receipt of the claim or comment. But Johnson said Fried was within his rights to send the notice.

“More and more we’re seeing frivolous lawsuits. They have a right to file and we’ll keep defending,” Johnson said. “I wasn’t at that (Feb. 16) meeting but when anyone is bringing a large pitchfork in, we have to be aware of that (to) ensure that public safety is maintained and avoid liability.”

In his notice of claim, Fried says he and 50 others were peacefully protesting recent actions by county officials, notably the decision to restrict Luca Zana, of Golden Valley, from distributing pamphlets criticizing Sen. John McCain’s voting record at a McCain Town Hall appearance at the county administration building, Nov. 13, 2009, when he was arrested for attempting to enter the building with the pitchfork.

“I have been the keynote speaker at Tea Party events in Kingman. And I’ve brought my pitchfork with me. It’s symbolic … about government being out of control, not in touch with the people,” Fried said. “I was concerned it could be misconstrued (as threatening) if I held it in my hands. That’s why I made sure to carry it in a sling on my shoulder. I was there over an hour peacefully protesting, and I never took it off my shoulder or shook it at anyone.”

Fried was charged with trespassing for attempting to enter the building, which his claim calls a “false arrest and imprisonment.” The claim states the arrest is a violation of both his First Amendment right of free speech and his Second Amendment right to keep and bear arms.

His claim also states that his bail was excessive — he states that Arizona Revised Statute 13-802C sets maximum bail for Criminal Trespass at $500 while his was set at $1,500 — in violation of the Eighth Amendment. And he claims that the Kingman Justice Court continually kept his case off the docket, in violation of the 14th Amendment providing for due process of the law.

He also claims he was the subject of workplace harassment when Walker allegedly contacted Fried’s supervisor at United Parcel Service and that public records were tampered with, notably the recording and broadcast of board of supervisors meetings where Fried spoke.

The county and parties named have 60 days to respond to Fried’s notice of claim. If no response is made, Fried may then file a lawsuit.

You may contact the reporter at dbell@havasunews.com.

Article Rating

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Comments (4 comment(s))

    AZ/ND wrote on Aug 14, 2010 4:48 PM:

    " Bravo---- ridiculous (claps) now that sounds like common sense!!! "

    ridiculous wrote on Aug 14, 2010 9:31 AM:

    " @northbound: Your fear of pitchforks is a bit on the paranoid side isn't it? I just can't recall the last time someone was impaled by a pitch fork, especially during an open meeting. I mean, let's not pretend he walked in with a assault rifle hanging off his shoulder - It's PITCHFORK!

    Common sense would dictate that a "PROP" depicting historical early America would be acceptable in a government public forum. A pitchfork has popular symbolism representing the "common" hardworking American. If one is trying to gain attention, common sense would dictate that something large and symbolic would be best - perhaps a PITCHFORK!

    Common sense may also suggest that if one did want to harm someone during a public meeting, that perhaps, a large, wielding farming tool may not be best suited for the job - since again, it isn't a very nimble tool and everyone is watching you. If causing harm to others was anywhere on his list of priorities common sense would dictate he use a more 'COMMON' weapon - who in the modern world attacks anyone with a pitchfork?? That's like bring a sharp stick to a gun fight (because you see Sheriff Deputies have guns).

    Based on common sense, I just don't understand what in the world you're talking about... In a more paranoid, devoid of any common sense, I suppose your assessment is spot on. "

    northbound wrote on Aug 7, 2010 4:03 PM:

    " What an idiot common sense you don't walk into a County building holding a pitch fork even if your trying to make a point, grow up and stop your crying you got what you deserved. Stupid is what stupid does. "

    ridiculous wrote on Aug 7, 2010 5:28 AM:

    " I always just assumed county officials didn't lake people from Lake Havasu - I didn't realize they treated everyone poorly... "

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