Police owe nothing to innocent man whose house they destroyed, Colorado court rules

DENVER – A Colorado federal appeals court ruled Tuesday that a local police department owes nothing to a man whose house they destroyed in pursuit of a shoplifting suspect who barricaded himself inside the home to evade arrest.

A 19-hour SWAT operation in 2015 left Leo Lech’s Greenwood Village house severely damaged, with nearly every window torn out, the wooden frame exposed and much of the interior reduced to rubble, reports the Denver Post.

Judges on the U.S. District Court of Appeals for the 10th Circuit ruled that Lech isn’t entitled to compensation because officers were acting in their lawful role to protect the safety of the public.

On June 3, 2015, shoplifting suspect Robert Seacat randomly entered Lech’s home to hide out in after authorities tried to contact him earlier in the day. Authorities said Seacat had stolen two belts and a shirt from a Walmart.

More than 100 officers from agencies around the Denver area descended upon the home, according to NPR.

Seacat barricaded himself inside the home and fired several rounds at law enforcement, police said. In an attempt to force the suspect out, officers blew up walls, fired tear gas and drove an armored vehicle through the doors.

Seacat was arrested after a 19 hour standoff, according to police.

“The interior of the Lech Home was a mass of debris and destroyed belongings from the projectiles launched into the home by the Defendants,” one of Lech’s attorneys, David Williams, wrote in a federal lawsuit filed in August 2016. “Chemical munitions or other projectiles were stuck in the walls. The Lech Home was completely uninhabitable and its condition posed a danger to anyone entering the home.”

Lech sued Greenwood Village and its police department in 2016, but the federal district court ruled the city wasn’t liable. Lech appealed to the higher court, which upheld the decision.

Lech was renting the home to his son John, who was living there with his girlfriend, her 9-year-old son and two dogs when the incident occurred. The family members reportedly moved in with Lech until they were able to find somewhere else to stay.

“Under no circumstances in this country should the government be able to blow up your house and render a family homeless,” Lech told NPR. “This family was thrown out into the street without any recourse.”

The city of Greenwood Village reportedly offered Lech $5,000 in temporary living assistance. Lech’s insurer paid $345,000 for the damage, but that amount was not enough to cover demolition and incidentals, personal property losses, or the appraised cost of the $580,000 home, said one of Lech’s attorneys, Rachel Maxam.

“It’s a Miracle insurance covered any of it in the first place,” Maxam told the Post. “Insurance is for fires, floods. There’s no ‘police blew up my house’ insurance.”

Police also caused about $70,000 in damage to the house next door, but insurance refused to compensate the homeowner and the city only offered $2,000, said Maxam.

The court stated that police cannot be “burdened with the condition” that they pay for property damage incurred while performing their public safety duties.

“The Courts, both State and Federal who have analyzed this matter, have consistently ruled in favor of the police actions taken to resolve this critical incident,” Greenwood Village said in a statement. “The Courts have recognized that while these types of events present difficult questions, the police should value life over property and may act pursuant to their police powers accordingly.”

Lech and his attorneys plan to appeal the case to the Supreme Court.


About the Author:

Brian is an Associate Producer for ClickOnDetroit. He graduated from the University of Michigan-Dearborn with a degree in Journalism and Screen Studies.