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Affidavit outlines allegations against Black farmers arrested after they filed complaints of harassment, racism

In an arrest affidavit, neighbors of Courtney and Nicole Mallery accuse them of stalking.
Credit: Courtney Mallery

EL PASO COUNTY, Colo. — For two years, Courtney and Nicole Mallery, a Black couple, have accused their white neighbors and law enforcement officers of harassment and racism, and now records show the accused have outlined their own stalking claims against the couple. 

The feud, which continues to attract attention on social media, involves felony charges and at least 20 restraining orders filed by neighbors and the Mallerys over the past two years. 

Earlier this week, the Mallerys were arrested, booked and eventually released from jail on felony stalking charges, prompting the Rocky Mountain NAACP to investigate how the El Paso County Sheriff’s Office has handled the case and arrests. 

EPCSO has denied allegations of racism, including allegations against Sgt. E.R. Gerhart, who wrote and filed the arrest affidavit against Courtney Mallery in December. 

Gerhart acknowledges in the affidavit he was the subject of four of the couple's complaints and cites numerous allegations by neighbor Teresa Clark, who lives with her mother.  

Read the full affidavit here

Editor's note: 9NEWS has redacted the street addresses in the affidavit. 

“Ms. Clark has provided me with videos and pictures of activity that I feel is criminal in nature,” Gerhart wrote, adding in the document Clark has four gigabytes of video that correspond to a “stalking log” she maintained since March 2022.

In the affidavit, Clark tells Gerhart the Mallerys have placed surveillance cameras pointing at her residence and have repeatedly shown up near her property in an effort to intimidate.

“Another video shows Nicole using some type of load speaker or public address system where she is speaking of things that Teresa should, pack, ‘for Heaven,’” Gerhart wrote. 

“Ms. Clark has told me repeatedly that she is in fear for her safety and the safety of her mother, causing severe emotional distress,” Gerhart wrote. 

9NEWS has asked the El Paso County Sheriff’s Office why it didn’t assign another officer to the case given the complaint history against Gerhart. As of this publication, the sheriff's office hasn’t responded. 

The Rocky Mountain NAACP said it is working on getting legal representation for the Mallerys.

“It is sad to see domestic terrorism against black people in 2023, but we will not sit down while injustice and hate continues to rob families like the Mallerys in our beautiful state. Not only are we fighting to win for Freedom Acres Ranch, but to assure protection for all black farmers and ranches," a statement from the Rocky Mountain NAACP said.

Earlier this week, 9NEWS reported on the multiple restraining order applications filed by Courtney Mallery against six different people, in which he outlines allegations of stalking, vandalism and animal mutilations. 

According to online court records, Teresa Clark has been the subject of at least two of Courtney Mallery’s restraining order applications, while she has filed multiple restraining orders against the Mallerys.

Among the Mallerys and Clark, 9NEWS has counted up to 20 restraining order applications the opposing parties have filed against each other and other neighbors in the area. 

9NEWS reached Clark by text message. She initially declined an interview, but wrote, “I’m in fear for my life. I’m disabled from brain surgery. I have had a stroke. I have been victimized for the past two years.” 

> If you have any information about this story or would like to send a news tip, you can contact jeremy@9news.com.

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