Eddie Velarde, chief of the Velarde Volunteer Fire Department, is suing Rio Arriba County, the director of the county's Emergency Management Services and a deputy sheriff over a dispute during a wildfire last spring.
According to his complaint, Velarde was called to a fire near Lyden, a tiny community along the Rio Grande about 10 miles north of Espanola, on March 29. The complaint says he saw that the 3-acre fire was close to homes and propane tanks and that neighbors were trying to fight it with garden hoses, so Velarde told the residents to evacuate.
When Emergency Management Services Director Mateo DeVargas arrived, he ignored Velarde's instructions and began to interfere with Velarde's command of what had been designated the Crazy Horse Fire, the complaint says. When Deputy Adam Archuleta arrived, he consulted with DeVargas, then advised Velarde that he was taking over as incident commander, it says.
The complaint says that when Velarde protested, "Archuleta aggressively informed [Velarde] that he was acting hysterically and he then handcuffed ... Velarde and placed him under arrest based upon trumped up and unsubstantiated charges."
Velarde was acquitted of obstructing the officer, disorderly conduct and concealing his identity in a bench trial before Rio Arriba County Magistrate Joseph Madrid on July 1.
The lawsuit filed in state District Court on behalf of Velarde by lawyers Diego Zamora and Patrick Brito seeks damages for false arrest, false imprisonment, malicious abuse of process, defamation and conspiracy to commit a civil tort.
According to the complaint, local news stories about the incident "parroted the false and baseless allegations" that were repeated in national and international firefighter magazines, newsletters and websites, subjecting Velarde to ridicule, humiliation and embarrassment."
A Rio Arriba County sheriff's spokesman declined comment.
McClatchy-Tribune News Service
