The San Juan County sheriff on Tuesday left open the possibility of pursuing criminal charges against federal agents he says used too much force during the June artifact raids.
"I'm not saying yay or nay on that," said Sheriff Mike Lacy when asked Tuesday about whether he would ask prosecutors to bring charges. He did not say what specific charges would be possible, if any.
A spokeswoman for the U.S. Attorney's Office in Utah declined to comment Tuesday.
Lacy has been investigating the use of force by federal law enforcement -- most of whom were agents of the FBI or Bureau of Land Management -- during a June 10 raid. Agents arrested 24 people, including Lacy's brother, in Blanding, Monticello and the Four Corners area. The defendants are accused in federal court of looting American Indian artifacts from public lands.
On Tuesday, San Juan County Attorney Craig C. Halls said he has not spoken to Lacy about his investigation or reviewed his findings.
"My initial reaction would be [filing charges] may be questionable," Halls said. "I'd be happy to have him make his case, but it seems to me [charges] may not be something he wants to do."
State criminal charges against federal law enforcement have been virtually unheard of since Utah's days as a U.S. territory. They could also be difficult to prove.
State statutes give law enforcement a defense against prosecution if they were trying to make an arrest or protect
No shots were fired in the artifacts raid, and the worst reported injury was a broken toe suffered by one suspect. Lacy has criticized the amount of force federal agents displayed and used during the arrests.
He has earlier said 14 of the 18 suspects from his county had guns pointed at them, mostly by BLM agents. Such force was unnecessary, Lacy has argued, against people accused of nonviolent offenses and most of whom had no criminal history.
Lacy on Tuesday said he was still waiting to speak with a few witnesses or suspects arrested during the raids.
The FBI and U.S. Attorney General Eric Holder have defended the tactics by saying federal procedures require shackling and other precautions to ensure the safety of agents and defendants. One defendant allegedly told an undercover informant he would shoot it out with police trying to arrest him.
Reader's note: This story has been corrected to show Lacy did NOT say what charges might be considered



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