Yoder neighbors: Stalking cases against Mallerys postponed as parties seek mediation

Mar. 30—A stalking case connected to a highly publicized dispute between Black and white neighbors in east El Paso County has been postponed until May 11 as the two parties pursue the possibility of mediation.

Nicole and Courtney Mallery appeared at the El Paso County Courthouse on Thursday to address felony charges of stalking, for which they were arrested in November and February, respectively. Attorneys told Judge Robin Chittum that the Mallerys and their neighbor, Teresa Clark, expressed willingness to settle their differences through mediation. Clark was not present in court Thursday.

The continuance was the latest development in a high-profile, two-year dispute that has included allegations by the Mallerys of a racist intimidation campaign against them, an accusation that the Sheriff's Office has largely ignored the couple's claims, dueling restraining orders and several arrests for stalking and harassment.

In September, Clark was arrested on suspicion of violating a restraining order that required her to stay at least 100 yards from the Mallerys' property. She posted bail on Sept. 14, according to court records.

On Nov. 22, Nicole Mallery was arrested on two counts of felony stalking after Clark contacted police and showed them a "stalking log" documenting each time she claimed to have seen Nicole or Courtney on or near her property since late April 2021. Nicole posted $2,000 bail, court records show.

On Feb. 6, Courtney was arrested on a December warrant for felony stalking. His warrant included the alleged theft of a trash can. Arrest documents obtained by The Gazette show Clark as the stalking victim.

Clark, who has said the national publicity generated by the dispute has made her fear for her life, did not respond to a request for comment.

Nicole Mallery also faces a pending charges of second- and third-degree assault on a law enforcement officer and a first responder, respectively, stemming from an incident that allegedly occurred during an arrest on her property in Yoder in April 2021.

El Paso County sheriff's deputies took Nicole into custody after she allegedly chased a process server off her property with a shotgun and fired it in the air as the man was running away. Body camera footage released by the Sheriff's Office shows Nicole complaining that deputies were hurting her.

She reportedly kicked and bit a deputy during the incident.

On Thursday, Judge Chittum told the Mallerys to report to the courthouse on May 11 at 10 a.m.

"In the meantime, keep in touch with your attorney," the judge said. "There's a lot going on."

Through their attorney, Tyrone Glover, the Mallerys declined a request for comment.