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Nonetheless, Dains hopped down and ran after the old man's newspaper and mail. And the marshal agreed with Grotewold that even though they had no warrant, the old man allowed them to search his home for Mickey Michael.
Dains also concurred that he was in the home for no more than two minutes.
There are a number of things about this testimony that stand out.
The arrest reports as well as the court testimony quote the marshals as saying they departed their office at 2 p.m., stopped at the Fillmore home, talked briefly to the old man, spent two minutes searching the home and then departed for the Span business on East Buckeye Road, arriving at 3 p.m.
Retracing the marshals' steps, there is no way it would have taken until 3 p.m. to arrive at the Spans' business if they had spent only a couple of minutes searching the old man's home. There is a block of time unaccounted for in the marshals' version.
Additionally there are, on the Fillmore property, enormous storage buildings as large as the home itself which the marshals claimed they never checked out. This is odd behavior if the marshals were serious about apprehending their fugitive.
Finally, the old man, Bill Span, is described by the marshals as suspicious and uncooperative. And yet this cagey fellow simply invites the lawmen to search his home even though the lawmen lack a warrant?
Last week in an interview, Alice Span said she discovered her 74-year-old father huddled on his kitchen floor sobbing and bruised shortly after the marshals' visit. The house had been torn apart.
In papers filed with the court, the Span children recounted what their father told them of the marshals' visit. When the old man insisted upon seeing a search warrant, he said the heavyset officer (Grotewold) grabbed him and pinned him roughly against the wall while Dains searched the residence.
"I warned them that my dogs bite, when he opened the door. Whitey ran out and bit the heavy man in the hand . . . The tall guy finally came out of the house and jumped over the fence. He was in the side yard for about ten minutes . . . ."
For several days after the visit, the children say, their 74-year-old father nursed a swollen eye and a knot on his head.
"I tried to get him to a doctor," said Alice Span. "He wouldn't go. He was too frightened."
Two months later, Bill Span died.
When Grotewold and Dains arrived at 1924 East Buckeye, they were met by Darlene Span.
As customers stood around waiting to purchase building supplies, the marshals showed Darlene the wanted flyer for fugitive Mickey Michael.
Like her father, Bill Span, Darlene said she knew a Mickey Michael (her brother) but unlike the man in the fugitive poster, who was elderly, the fellow she knew was in his thirties.
According to Grotewold's testimony, Darlene then took the flyer to make a photocopy of it. Telling her she could not do that, Grotewold retrieved the wanted poster from her.
"As I was giving it back to Deputy Dains, there was a man yelling at me," said Grotewold. "He told me to `get the fuck off of the property,' I didn't have any business there."
Warning Jerry Span to stay out of the discussion and identifying himself as a federal agent, Grotewold said, he was then attacked.
"As I was turning, I got a glancing blow off the chest," Grotewold testified. "I turned back around and pushed him back. Again, I was turning back my attention toward Deputy Dains and Darlene and I felt something and looked. He was trying to pull the gun out of my pants. I was shocked.
"I turned as quickly as I could with my right arm. I'm sure I struck him. I don't know exactly where."
In his arrest report Grotewold wrote: "During the time when I was first struck by Jerry Span to the time of the arrival of the first Phoenix PD officers on the scene, it is my estimate that I was struck in the chest, head, shoulders, torso and genitals by Jerry Span at least 30-40 times and that he attempted to take possession of my handgun at least 5-10 times . . . I feared for my life during this situation."
Despite his paperwork that alleges that the enormous Grotewold apparently took a severe beating at the hands of the 130-pound, 52-year-old Jerry Span, photographs taken after the incident show a remarkably unscathed marshal.
Because he was taking a photographic inventory of the family's business supplies as documentation for the city regarding the upcoming move, Pete Span was carrying a 35mm camera. When he heard the two strangers raise their voices with Darlene and Jerry, he turned his attention and his lens to the commotion.
Marshal Dains testified that the family did more than simply take pictures. As he went to the aid of his partner who was restraining Jerry Span, Dains said he was attacked from behind by Darlene, who knocked his glasses off and scratched his face. As he wrestled to control her, Dains said, Darlene fell against his knee causing a permanent injury.
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