Ex-FLDS man accused of trespassing
. . . at his home, due to dispute with his brother
Chatwin, 35, was booked into Purgatory Correctional Facility in Hurricane after a Colorado City, Ariz., police officer arrested him on the single criminal trespass charge, a class 6 felony under Arizona law.
Chatwin made an initial appearance in a Moccasin, Ariz., Justice Court on Wednesday where a judge set bail at $2,000 and scheduled a Sept. 17 preliminary hearing.
The arrest came after a relative living in the upstairs portion of the same house where Chatwin lives downstairs called police to report the locks had been changed on his front door.
Colorado City Police Chief Sam Roundy said Ross Chatwin admitted to climbing through an upstairs window of the house after his brother's family left to run errands. Once inside, Chatwin said he changed the locks and posted a "no trespassing" sign on the front door.
Chatwin's right to live in the house, which is built on property owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints, was the focus of a recent court battle.
An Arizona judge ruled the FLDS church could not evict Chatwin, who was excommunicated in November, unless he was compensated for improvements he made to another piece of church property.
Chatwin filed his own eviction notice against his brother, Steve, who also refused to move. A Friday hearing in a Kingman, Ariz., court is scheduled to resolve that issue but could be continued if Chatwin is unable to make the court hearing.
When officers arrived, Chatwin was unable to produce the legal paperwork he claimed gave him the right to kick his brother's family out of the top portion of the house, Roundy said.
"Ross said he had a court order; we asked to see it and he couldn't provide it. He told us to talk to his attorney," said Roundy. "We told him to just give the key to his brother and to let it be resolved in court on Friday, but he refused. So we did our job and arrested him on a criminal trespassing charge."
Chatwin's wife, Lori, said her husband has tried many times to talk his brother into moving out of the house, without success.
"Ross was given a life estate to live in this house, both upstairs and down, and Steve has just ignored him," said Lori Chatwin.
FLDS attorney Rod Parker said Steve Chatwin moved into the upstairs portion of the home with his brother's permission and physical assistance.
"Steve upgraded the upstairs before he moved in. It was unfinished and Steve finished the work. Ross can't evict Steve without compensating him for the improvements he made to the upstairs; that would be an unjust enrichment to Ross," said Parker. "He refused to give Steve the key to his home and chose to do this 48 hours before a judge was set to decide this matter."
Under the United Effort Plan, faithful FLDS men are assigned lots on which to build homes and raise their families. Evictions routinely follow excommunications, which have increased in recent months under Jeffs' leadership.
E-mail: nperkins@desnews.com
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