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Former residents sue commissioners, sheriff for destroying business

by Gwen ALBERS<br
| April 2, 2009 9:00 PM

A former Bonners Ferry couple is claiming their business was destroyed because the Boundary County Sheriff’s Office refused to deal with ongoing incidents of speeding motorists and harassment in their neighborhood.

James and Beverly Conachen, whose business Air and Sea Composites provided the military with aerial vehicles, recently filed a lawsuit in federal court in Coeur d’Alene.

The Conachens are accusing the defendants of rackeetering. Named in the suit are county commissioners Dan Dining, Ron Smith and Walt Kirby, sheriff Greg Sprungl, deputy Donald Van Meter, the sheriff’s department and the unnamed speeders.

The Conachens are asking for at least $1 million, according to the suit.

“There was a willful refusal to enforce the law, which is one of the key elements of racketeering,” said the couple’s Coeur d’Alene attorney, Larry Purviance. “The federal racketeering law seeks to prevent destruction of a legitimate business.”

 Attorney Peter Erbland in Coeur d’Alene, who is representing the defendants, including commissioners and the sheriff, could not be reached for comment.

According to the suit:

The Conachens moved to Bonners Ferry in 2006. They designed and sold aircraft to the U.S. Navy, Marine Corps. and Air Force, NASA and JR Simplot. James Conachen said his yearly personal income was more than $90,000 and he had four to five employees.

When the Conachens moved into their home, they were told by former owner Thomas Gunn III he had problems with the neighbors constantly speeding. Gunn also told the Conachens the “speeders” harassed him.

The day the Conachens moved in, James Conachen encountered a speeding driver and yelled at him to slow down. Neighbors told Conachen they had often complained to police, but nothing was done.

The Conachens called the sheriff’s department and videotaped the speeding drivers; the sheriff’s department refused to accept the videotapes.

The Conachens also asked the county road department to post a 25 mph speed limit sign, which was done. The Conachens soon found the speed limit sign in the bushes.

At least six times, the Conachens asked the sheriff’s office to investigated the repeated destruction of speed limit signs, but no one investigated.

The speeders had a habit of racing into their driveway, staying for two to five minutes and leaving in a hurry, frequently all night long on weekends and until late on work days.

The Conachens contacted numerous governmental and police agencies in an attempt to get the sheriff to enforce the law.

Harassment by speeders forced the Conachens to put their house on the market in March 2007.

In the interim, Idaho State Police allowed James Conachen to issue a citizen’s citation to the speeders. The trooper issued the ticket, but it was dismissed, Purviance said.

Also according to the suit, in September 2007, the Conachens circulated a petition in their neighborhood, requesting commissioners to replace the 25 mph speed limit and “Children at Play” signs. Everyone signed it, but commissioners would not accept the petition or discuss it.

James Conachens was diagnosed with a stomach ulcer in December 2007 due to the stress, according to the suit.

In February 2008, James Conachen reported another incident of harassment. Van Meter arrived at the Conachens’ home. He tasered and punched Conachen and charged him with obstructing justice.

James Conachen was acquitted, according to the suit.

In March 2008, after reducing the price of their home for a third time, it sold. The couple took a $67,000 loss. Purviance did not want to say where the couple has moved.

James Conachen’s arrest resulted in him losing his security clearance to work with the military, Purviance said. It’s likely he will not get it back.

“It’s an extremely competitive field. Once it’s gone, it’s gone,” he said. “It was quite the business Boundary County had and it was a growing business.”

The Conachens are asking for a jury trial.