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Grady County Family Questions Home Demolition by Excavator in Rush Springs Standoff

A Grady County family is asking who will pay for extensive damage to their home after law enforcement used an excavator to dismantle parts of it during a standoff with a wanted suspect. The family disputes that authorities had permission to damage the property, while a legal analyst says liability is not automatic.

Grady County Family Questions Home Demolition by Excavator in Rush Springs Standoff

A Grady County family is demanding answers after law enforcement used an excavator to tear apart large sections of their home during a standoff that ended Thursday morning outside Rush Springs. The family is now questioning whether the destruction was necessary and who will cover the cost of the damage.

The standoff concluded a daylong manhunt for Michael Garrett, who authorities say had fired at Bryan County deputies. After Garrett refused to surrender, Oklahoma Highway Patrol Lt. Mark Southall said troopers deployed an excavator to dismantle parts of the house.

"He refused to come out at that point. We used an excavator to ultimately start dismantling sides of the house until we got him pinned up," Southall said.

Garrett was taken into custody Thursday morning, but the home, which belongs to his family, was left with extensive damage. Tammy Garrett, Michael Garrett's mother, said the family was told authorities had permission to damage the property, but she disputes that account.

"Supposedly they told them they had permission. And my brother said, I own this place. And I didn't give nobody permission," she said.

She described the home as a repository of irreplaceable family history. "It made me sick. We have all of mama's stuff here. All of our grandmas. All of our great grandmas. Everything that quilt is made out of our grandmas clothes. We have our great grandmothers quilts made out of her clothes," she said.

Tammy Garrett said no one lived in the house full time, but it served as a gathering place for the family. "Our grandma and great grandma, everybody, we have a hide a key and everybody comes out here," she said. "We want our kids to know where we came from. We worked hard growing up. We sure did. Yeah. We paid for this house in one year. And mainly we worked hard."

Legal analyst Ed Blau said it is not automatically clear whether law enforcement would be liable for the damage, even though the use of an excavator is highly unusual.

"I've been practicing law for over 20 years, and this is the first time I've ever seen law enforcement go in with an excavator. But that doesn't automatically mean that law enforcement is going to be liable for the damages caused," Blau said.

Blau said families can sometimes pursue legal action, but recovering money can be difficult when law enforcement argues property damage was necessary to stop a dangerous suspect.

"First off, the odds are extraordinarily low. Second, the way law enforcement looks at it is that damage to property does not outweigh the threat to human life that could be posed by somebody who they consider to be armed and dangerous," he said.

He said any potential reimbursement would likely depend on whether a judge finds law enforcement's actions were reasonable under the circumstances. "Whether or not law enforcement will have to reimburse the homeowners is going to come down to whether or not what law enforcement did was reasonable and that can bring in innumerable factors. That's something that in the end a judge could have to decide," Blau said.

Blau also said there is no state fund specifically set up to cover this kind of damage. "There's no fund within the Oklahoma State government to pay out things like this. Each case is individual and many times it comes down to whichever law enforcement agency actually did the damage and exactly what their actions were," he said.

Questions remain about who decided to use the excavator, what other options were considered and whether there is a process to help the family recover the cost of the damage. The Oklahoma Highway Patrol said it would not be doing an interview.

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