Colorado homeowner owed nothing after police SWAT shootout destroys his house, federal court rules
A federal appeals court in Colorado ruled Tuesday that a local police department does not have to compensate a homeowner whose house was destroyed by 19 hours of gunfire between officers and an armed shoplifting suspect who had chosen to barricade himself inside to evade arrest.
Lech’s home, valued at $580,000, was marked for demolition in 2015 after a SWAT team used armored vehicles to breach the structure, deployed tear gas and explosives and shot 40 mm rounds in an effort to drive the suspect out.
Homeowner Leo Lech didn’t know the subject. The home was rented to Lech’s son and his wife who were not home when the shooter broke in and started his gun battle with the police.
The city had initially paid Lech $5,000 in temporary living assistance. John Lech moved in with his parents and his girlfriend's son had to change schools. His home insurance company paid him $345,000 for the damage but that amount did not come close to covering additional costs related to personal property damage, demolishing and rebuilding the home and taking out a new mortgage on the new house.
“It’s a miracle insurance covered any of it in the first place,” attorney Rachel Maxam told the Post. “Insurance is for fires, floods. There’s no ‘police blew up my house’ insurance.”
The home next door suffered about $70,000 in damage was not compensated by its insurance company.
Lech said he plans to appeal to case to the Supreme Court.
