Russ Pinyan's $953.82 claim against the city marked an opportunity for City Council members to right what the police got wrong.Â
One morning last year, police officers busted into an apartment in a building Pinyan owns at 23rd and B streets to serve a search warrant.
Once inside, officers realized they were searching the wrong apartment, he said.Â
Instead of Apartment 4, they entered Apartment 2.Â
The tenant hadn't known police were outside knocking on his door because he was playing a computer game, Pinyan said.Â
When police breached the door, the drawn guns and riot shields grabbed his attention.
"Not only did they break the front door down, they broke the bedroom door, which was not locked," Pinyan told council members.Â
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Some time later, police entered the correct apartment and did not need to bust in the door to resolve the case, he said.Â
Pinyan filed a claim seeking reimbursement for the damage police caused.Â
But city lawyers didn't want to pay.
City Attorney Jeff Kirkpatrick said his staff recommended the claim be denied because the warrant was proper — it was made out for Apartment 2 — but based on mistaken intelligence.Â
It's not as if police intentionally broke into the wrong apartment, he said.
Officers followed protocol by knocking and announcing themselves several times and waited about 30 seconds before entering, Kirkpatrick said.
If anything, the tenant should have prevented this by opening the door, he said.
Police can't wait forever in exigent circumstances. Evidence could be destroyed before a police search or someone could be in need of emergency medical help if officers are doing a welfare check, he said.Â
State law doesn't require the city to pay in these types of cases.
"You have a number of cases that come before you on these sorts of circumstances where you have someone that says 'I don't know why I should have to pay,'" Kirkpatrick told the Council.Â
"The answer is, 'Well, because we have to come out and save lives. We have to enforce these warrants.'"Â
But council members made a rare decision Monday to approve and pay the claim.Â
Council Chair Jane Raybould likened the case to doctors amputating the wrong leg.
She and other council members said they understood the officers just did their job and didn't want to second-guess police, but they couldn't help but feel sympathy for the landlord.Â
"It is a big expense to repair, and when you're not the victim, you feel victimized," Councilwoman Tammy Ward said.
And Councilwoman Sändra Washington agreed.
"I am left with a very hard question that the surveillance did not come to the right conclusion," Washington said. Â
Councilman Roy Christensen warned other council members against approving Pinyan's request and said it was a decision for a judge in small claims court.
Raybould disagreed.
"A mistake has been made, but it's up to us to rectify these mistakes," she said.
The council approved the claim on a 5-2 vote, with Christensen and Bennie Shobe voting against.
Fast takes
$737,476 — The price of new lighting, fixtures and a lighting-control system sought for Pinnacle Bank Arena. The West Haymarket Joint Public Agency will vote on the requested contract with MUSCO Sports Lighting on Thursday.
400 — Patrons expected at the March 14 event that McKinney's Pub is holding in the Haymarket to celebrate St. Patrick's Day. The bar got the city's blessing Monday on special permits allowing it to operate on P Street in front of the bar. The Irish bar expects only about 200 on the actual holiday, March 17.
600,000 — Pounds of sand the city is seeking to fill bunkers at the public golf courses. Email me the course and hole number of your least-favorite or most-visited sand trap. Â