AURORA - A Colorado process server while attempting to discharge their official duties of serving legal notice was charged with two counts of misdemeanor assault and battery.
Ellana DeLoach, a Colorado private process-server, while on duty April 27,2008 was attempting to serve legal notice on Quan Reeder at the Pacesetter Motel located at 14291 E. Colfax Ave. Unit #33.
According to the police report, DeLoach approached unit #33 and knocked on the door and waited. In DeLoach's statement she claims that she saw someone moving around inside the unit and refused to answer the door. Deloach continued to knock on the door until someone did answer.
In Dennis Tavarres' , the occupant of unit #33, statement he claims that he was asleep and heard someone banging on his door for almost 20 minutes until he awoke enough to get up and answer the door. According to Tavarres, DeLoach demanded his ID and asked if he was Quan Reeder. Tavarres told Deloach that she wasn't the police and that he was not giving her any ID.
According to this statement, DeLoach then threw the paperwork into the apartment and told him that he was served.
Tavarres then picked up the papers and noticed the name on the documents and tried to approach DeLoach to tell her that he wasn't the person she was looking for and that he didn't know who she was looking for.
In both statements both admit that DeLoach gave an order to "Don't come any closer." According to the police statement, Tavarres complied and stopped about 4 feet away from DeLoach. Tavarres asserts that DeLoach then approached him and pushed him in the chest.
Since she didn't take the paperwork Tavarres placed the documents on DeLoach's trunk of her car. Tavarres states that DeLoach then threw the paperwork off the car and drove away running over the documents.
According to the police statement Officer D. Chamberland observed the tire marks on the documents and took them into evidence.
Officer Chambeland then questioned another resident, C. Riley, who stated that he witnessed the whole incident. Riley claims he saw a very aggressive black woman banging on unit #33's door for about 20 minutes. Riley stated in the police report that the pounding annoyed him to the point that he wanted to call the police.
Riley added, that he could hear the incident from his location across the parking lot. He says that he could hear the lady telling Taverres that he was someone else and that he could see DeLoach throw the paperwork at Tavarres inside his unit. Riley watched and noticed Tavarres follow after DeLoach trying to give the documents back to her at her car.
Riley heard DeLoach command "Don't come any closer" and that Tavarres stopped about 3 to 4 feet from DeLoach. Riley stated in his police statement that Tavarres had stopped sufficient distance away from DeLoach that Tavarres could not touch her even with his arms extended.
Riley then added, DeLoach then approached Tavarres and pushed him. According to the statement Riley claims that DeLoach pushed Tavarres twice that he could remember. DeLoach then took the papers off her trunk of her car and threw them at Tavarres.
Officer Chamberland then interviewed DeLoach at her home. DeLoach claims that she went to the motel and knocked on the door. DeLoach asserts that she observed someone in the unit moving around and continued to knock until someone answered.
A man answered and refused to identify himself to her and she threw the paperwork on the floor inside of the apartment and told him he was served. Even though he told her verbally that he was not the person she was looking for.
DeLoach added this is a common practice for people to avoid being served, she dropped the paperwork and returned to her vehicle. While returning to her car she noticed that he (Tavarres) was following her, and commanded him "Don't get any closer." DeLoach claims that she put her hand out to keep him away from her, but never touched him.
According to the police statement DeLoach then retrieved the papers off her trunk and then placed them back inside the apartment, then drove away.
In an interview between Officer Chamberland and DeLoach's superior, he stated that the police could keep the documents with the tire marks on them as evidence and that he would just get another service set. Officer Chamberland stated that he could make another copy and release those to DeLoach. Mr. Mills stated that was not necessary.
Mr. Mills of Sweepstakes Unlimited added that he has never had any problems with DeLoach, and that he didn't believe any of the allegations.
Subsequently, Tavarres wanted to press charges against DeLoach and go to court due to being pushed.
DeLoach was charged with two counts of misdemeanor assault and battery. At trial on August 22,2008 DeLoach was found guilty of both charges and received a fine in the Aurora Municipal Court.
contents from police report on file: 08-18671 Aurora Police Dept.