DA’s office outlines reason for SWAT team arrest of El Jebel man
Suspect allegedly threatened deputies when they tried to question him in domestic violence case
An El Jebel-area man who was arrested by a SWAT team Friday had allegedly threatened Eagle County deputies when they came to his house the previous day, the prosecutor in the case said in court Tuesday.
Adam McCabe, 38, who lives on Valley Road in rural Eagle County, was wanted for questioning in a possible domestic violence case, said Amy Padden, deputy district attorney on the 5th Judicial District. McCabe allegedly had entered his former girlfriend’s house on two occasions without permission after they broke up. When deputies went to his house on Thursday they were not welcomed.
“When deputies went to his residence, he was yelling profanities at them and ignoring their requests to talk to him,” Padden told Eagle County Judge Rachel Fresquez. McCabe allegedly told a deputy he would “light them up” if they tried to enter his home, Padden said.
“When asked if he had any guns or weapons in the house, the defendant responded, ‘Where you stand now, you lose your breath if you cross this threshold, just know that,’” Padden said, citing police reports of the incident.
Deputies regrouped and obtained an arrest warrant. A SWAT team went to his residence at about 10 a.m. Friday.
“It was approximately a four-hour standoff until the defendant was able to be taken safely into custody by the SWAT team and their negotiations,” Padden said. “A very concerning situation could have been dangerous or even deadly, and we’re lucky we have this great team that was able to take him into custody without any injuries to anyone.”
The Eagle County Sheriff’s Office said it arrested McCabe on suspicion of the following charges: two counts of first-degree criminal trespassing, a class 5 felony; menacing, a class 5 felony; failure to leave premises-deadly weapon, a class 1 misdemeanor; obstructing a peace officer, a class 2 misdemeanor; and domestic violence. After his arrest, he was booked into Eagle County Jail.
At an advisement on Tuesday, Fresquez said each of the felony charges could carry a sentence of 1 to 2 years in the Colorado Department of Corrections, with up to 6 years on each charge if there are aggravating circumstances.
The DA’s office sought bond of $25,000 in cash or surety bond. McCabe’s attorney, public defender Kevin Jensen, sought a personal recognizance bond. He said McCabe has lived in the Roaring Fork Valley “on and off” since 2008. He makes his living as a musician and is a decorated combat veteran. McCabe was diagnosed with Post Traumatic Stress Disorder and regularly works with mental health officials, Jensen said.
In a profile by the Glenwood Post Independent in 2010, McCabe outlined plans to start a support group for Roaring Fork Valley military veterans facing PTSD. He outlined the struggles he faces after serving as a Marine in the Iraq War. He finished a second tour of duty in 2006.
In court on Tuesday, McCabe suggested his arrest resulted from a misunderstanding. He said he looks forward to his day in court.
“I have no weapons. I’ve never owned any weapons. They found no weapons,” he said. “I don’t understand, I made no threats toward anyone. I haven’t threatened to hurt anyone. That’s just not what has occurred here.”
Fresquez set bond at $5,000 cash or surety “out of an abundance of caution.” If McCabe’s bonds out, he must surrender any weapons, avoid contact with his ex-girlfriend, avoid drugs and alcohol and submit to random testing.
The DA’s office must file formal charges in the case by March 1. Fresquez ordered McCabe back to court on March 3 for advisement on the formal charges.
A defense attorney for the Glenwood Springs man accused of erratically firing a weapon at police officers and his roommates last summer argued his client is being interrogated without legal counsel by his side.