The parties in a lawsuit brought by a former Farmington police officer against the La Plata County Sheriff’s Office, Board of County Commissioners and detention center have agreed to dismiss the claims without any financial settlement.
Officer Joseph Barreto was allegedly shot and injured by Elias Buck on Jan. 7, 2022, eleven days after Buck escaped from the La Plata County Jail, where he was being held on suspicion of theft and robbery.
Buck was sentenced Monday to two years in prison for the escape and the assault and aggravated vehicle theft charges on which he was originally arrested. He will serve the sentence concurrent to a 10-year federal sentence he received for being a felon in possession of a firearm.
Barreto initially sought $3.5 million from the county, alleging that negligent behavior on the part of the jail led to Buck being able to inflict injury. In a complaint filed in December 2023, the officer alleged that the county, the Sheriff’s Office and jail staff members breached a duty to provide a safe and secure jail facility and failed to maintain adequate surveillance and oversight of the inmates.
In a motion to dismiss to case filed in April, county attorneys argued that Buck’s unexpected escape and subsequent actions were too disconnected for the county to be held responsible for Barreto’s injuries.
“Mr. Buck’s actions in absconding from custody, concealing himself from law enforcement for 11 days, traveling across state lines, stealing a firearm, and firing at Plaintiff resulted in Plaintiff’s injuries – the alleged operation of the jail is too attenuated,” the motion read.
In a joint order of dismissal filed by Barreto’s attorney Sept. 26, the two parties agreed that the claims would be dismissed with prejudice, and each party would pay their own attorney’s fees.
La Plata County offered little explanation as to what transpired during negotiations.
“He simply decided to move on and drop the case,” County spokesman Ted Holteen wrote.
Barreto’s attorney did not immediately respond to a request to comment.
rschafir@durangoherald.com
