Mystery surrounds recent Mt. Crested Butte arrest

Suspect sues police chief for slander

In early September the Mt. Crested Butte police raided the home of a second-home owner and confiscated several firearms, documents, photographs, and drugs. The items all belonged to the police chief’s neighbor, James Maxfield, who allegedly has a criminal history. He was arrested on charges of possession of weapons by a previous offender and possession of drug paraphernalia. He faces trial in Gunnison District Court on October 6.

After being arrested, Maxfield was released on bail and returned to his home in Arizona. He then filed a civil complaint in Arizona’s Superior Court against Mt. Crested Butte police chief Hank Smith and Smith’s wife for defamation and slander. In the complaint, Maxfield requests that the court award damages of up to $3.5 million. No trial dates or hearings have been set in the Arizona case.
But why Maxfield’s home was suddenly searched in the first place remains a mystery.
The affidavit for a search warrant, written by police chief Smith, has been sealed by the court. Smith says he cannot comment due to circumstances of the case.
A recent press release from the Mt. Crested Butte police states that on September 3 (court documents indicate the date was actually September 4), “An Arizona man with a home in Mt. Crested Butte was arrested for possession of weapons by a previous offender, possession of drug paraphernalia, and a municipal building code violation after a series of incidents in Mt. Crested Butte."
The “building code violation” may be related to a retaining wall Maxfield built between 2007 and 2008 to level his property.
When the wall was complete several neighbors, including Smith and his wife, complained to the town that the structure was an eyesore, and queried whether the town followed the correct procedure in approving the permit.
The town argued that the correct procedure had been followed for the construction of a retaining wall on the south side of the property. However, Maxfield had started building a retaining wall on the west side of the property, which the town said was not properly permitted.
In order to appease the concerns of neighbors and avoid a legal conflict with Maxfield, the town decided earlier this year to attempt to replace the walls with something more aesthetically pleasing, at a cost of more than $6,000.
But Maxfield says he never signed the agreement as written by the town to replace the wall. Maxfield says he had added conditions to the agreement to protect his interests. He claims that the town trespassed on his property in order to remove the retaining wall.
Mt. Crested Butte town manager Joe Fitzpatrick says the dispute over the retaining wall and the arrest of the property owner are unrelated events.
But something happened this summer that led police to believe that Maxfield was illegally in possession of weapons. Colorado law prohibits anyone convicted of a felony crime from owning or possessing firearms.
Neither Smith nor the Gunnison District Attorney’s office would indicate what Maxfield’s previous offense was. Maxfield says he was convicted of a white-collar crime more than 20 years ago.
A search warrant for Maxfield’s residence was issued by Judge Steven Patrick on September 4. The warrant authorized Smith and any other law officer to search Maxfield’s home for firearms, ammunition, firearm accessories or containers, evidence indicating ownership of firearms, as well as “any records bills or other paperwork,” indicating Maxfield’s residency at 33 Paradise Road.
The warrant indicates that the evidence collected could be used in a subsequent criminal prosecution.
The warrant also cites an “affidavit for a search warrant” that was written by Smith and sealed by the court at Smith’s request.
Police began searching Maxfield’s home at 11:30 a.m. that day.
During the search, police took numerous items from the residence. According to the police inventory log, the original paper agreement between Maxfield and the town of Mt. Crested Butte for the retaining wall was one of the first items discovered, along with a handgun, ammunition and a holster.
Maxfield, who was present for the search, was arrested at 12:30 p.m.
Around 1:30 p.m. police also discovered a gun case, a shotgun and 12-gauge ammunition, syringes and “suspected steroids,” an electric bill and ”lock pick tools.”
At 4:10 p.m. police found a photo of Maxfield with Hell’s Angel’s founder Sonny Barger.
Shortly after police ended their search, Maxfield posted bond and was released from the Gunnison Detention Facility.
In an entry of appearance filed with the court on September 8 by Maxfield’s initial attorney, Maxfield made a request to get copies of all the evidence, including dispatch logs and the “affidavit for a search warrant” filed by Smith. Maxfield also requested to leave the state and, as a 33-year homeowner in Mt. Crested Butte, to have his bond reduced. He also asked to have any seized property not relevant to the case returned.
On September 9 Deputy District Attorney Seth Ryan filed a response to Maxfield’s requests, asking the court to deny the request to leave the state or reduce the bond. Ryan indicates that Maxfield could be charged with possession of burglary tools and several counts of possession of a controlled substance, in addition to possession of firearms by a previous offender. According to the response, “given the seriousness of the charges and the potential penalties; he is a significant flight risk. The people believe this case may be re-filed in federal court. Federal prosecutor Wyatt Angelo is in the process of reviewing the case and determining whether they will be pursuing charges.”
The response also asks the court to deny Maxfield’s request to return property not relevant to the case. ”With respect to the defendant’s request for return of personal property not relevant to this matter, all requested items are crucial evidence in this matter,” the response states. Ryan writes that the lock pick tools are possible burglary tools and would be evidence in a charge of possession of burglary tools, a class 5 felony. “The Gunnison electric bill… the paper agreement between Maxfield and the town of Mt. Crested Butte, and the photo of Maxfield with Sonny Barger are needed to show possession and control of the seized items and identity of the defendant,” according to the response.
On September 10 there was a hearing on the bond request before Judge Ben Eden. Local attorney Art Trezise was substituted as Maxfield’s counsel, and Trezise withdrew all of Maxfield’s initial requests, except for the request to leave the state. Judge Eden granted Maxfield’s request to leave the state.
Maxfield is scheduled to appear in Gunnison District Court, either in person or by phone, on October 6.
In the meantime, on September 25 Maxfield filed a complaint against Smith and Smith’s wife in Arizona Superior Court. Smith was served a copy of the complaint on September 29. In the complaint, Maxfield makes numerous allegations against Smith and his wife and claims that the couple has been actively involved in slandering him since May 2008. “This slander campaign began in an effort to cause the local public opinion to be opposed to the Plaintiff’s excavation project,” the complaint states.
Maxfield claims he has suffered $250,000 in damages for each slanderous statement made by Smith and his wife, for a total of $3,500,000 in damages.
The complaint was filed on September 25 and is listed on the Superior Court of Arizona’s website. There is currently no trial or hearing scheduled for the case, as Smith has 30 days to file a response.