Side Streets: Wagon Man convicted of obstructing traffic in bizarre trial in Colorado Springs
Justice was patient, tolerant, a little frustrated and ultimately swift in finding Phillip Cargile, aka the Wagon Man, guilty Wednesday of obstructing traffic.
Cargile, 57 – wearing his signature striped poncho, “Be Positive” sign and patchwork overalls – appeared confused, defiant and emotional, even weeping as he declared in Colorado Springs Municipal Court that he was being “crucified” by police, the prosecutor and judge for simply doing his “job” of walking the streets, pulling a wagon train and spreading a gospel of positive thinking.
Several times, members of the gallery interrupted the 90-minute trial by blurting out questions for Judge Robert Briggle or suggesting questions for Cargile to ask. Clearly surprised by the breaches of protocol, Briggle was mostly accommodating to Cargile’s supporters.
The only prosecution witness was police officer Michael Zamonas, who ticketed Cargile on Feb. 13 as he pulled his wagon train down West Colorado Avenue near 27th Street.
Cargile accused Zamonas of carrying out a vendetta against him, noting the 15-year patrol officer has ticketed him three more times since the first summons. Trial is pending in those cases.
“I don’t understand why I’m being bullied and harassed,” Cargile said, repeatedly declaring his innocence.
The officer did not respond to the accusation and told Briggle he had given Cargile repeated warnings to use the sidewalks before pulling him over the afternoon of Feb. 13. Zamonas said cars were swerving to avoid Cargile as he walked on the far right edge of the right lane. Zamonas said he decided to write a ticket because of Cargile’s attitude.
“He became argumentative,” Zamonas said. “I decided to write him up.”
The officer said Cargile responded by defiantly walking off in the traffic lane instead of using the sidewalk.
Cargile, who did not have an attorney, tried to argue that he was following signs posted along Colorado Avenue that declare it illegal to ride skates, bicycles or skateboards on sidewalks between 23rd and 27th streets in Old Colorado City.
Cargile said he interpreted the signs, which use images instead of words, to mean no “wheels” were allowed on the sidewalks. But Briggle rejected the argument, saying the signs were clear.
Briggle finally became irritated when Cargile and his fans suggested the judge was not being an impartial arbiter of justice.
“I will not tolerate someone stereotyping this court as law enforcement,” Briggle said, adding that judges like himself take seriously their responsibility for protecting the rights of the accused and viewing them as innocent until proven guilty.
His lecture didn’t stop Cheryl “Wagon Lady” Cargile from scolding Briggle for not appointing a lawyer to represent her husband. Cargile, meanwhile, sat weeping at the defense table.
“It breaks my heart,” she told Briggle. “My husband suffers from TBI (traumatic brain injury) but you wouldn’t appoint a lawyer to give him any assistance.”
Briggle had said earlier that a court-appointed attorney wasn’t an option because the charge did not carry a possible jail sentence.
It was the final outburst as Briggle ruled Cargile guilty, levied a $50 fine, waived court costs and offered Cargile the opportunity to perform public service in lieu of paying the fine.
“I’ll see you in the streets,” Cargile replied defiantly when Briggle warned that he risked arrest if he failed to pay or perform public service.
Then, Cargile left the courtroom in tears.
Cargile was ticketed four times in Manitou Springs beginning in 2013 as police tried to force him onto the sidewalks, fearing he would be struck by a car. In a February 2014 trial, a judge declared the town law regarding pedestrians in the street was vague and dismissed the charges. The Manitou Springs City Council quickly enacted a new ordinance requiring pedestrians to use sidewalks where they exist.
Within a few weeks, the Cargiles returned to their native Panama City Beach, Fla. But they came back in November and resumed pulling their wagon trains.
Supporters paid Cargile’s $50 fine Wednesday and he tearfully vowed to keep walking in the streets.
“I’m crying because I’m tired of being hurt,” Cargile said. “I’ve got to walk. I’m raising the dead and healing the sick out there. The wagons can’t be stopped, no matter what.”
His next trial date is April 29.
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“Wagon Man” Phillip Cargile wipes a tear as he cries and talks about his appearance in Municipal Court Wednesday, April 15, 2015. Photo by Mark Reis, The Gazette
Bill Vogrin – Side Streets
Signs posted along Colorado Avenue note it is illegal to ride rollerblades, bicycles or skateboards on sidewalks between 23rd and 27th street in the Old Colorado City tourist area, as seen Wednesday, April 15, 2015. Phillip “Wagon Man” Cargile said he interpreted the signs to mean no “wheels” were allowed on the sidewalks, requiring him to pull his wagons in the street. A judge rejected the argument and found him guilty of obstructing traffic. Bill Vogrin / The Gazette
“Wagon Man” Phillip Cargile walks west along Colorado Avenue in downtown Colorado Springs following his appearance in Municipal Court Wednesday, April 15, 2015. Photo by Mark Reis, The Gazette
“Wagon Man” Phillip Cargile and his wife, Cheryl Cargile walk west along Colorado Avenue after his appearance in Municipal Court Wednesday, April 15, 2015. Photo by Mark Reis, The Gazette
Cheryl Cargile, left, and “Wagon Man” Phillip Cargile cross Nevada Avenue in the crosswalk following his appearance in Municipal Court Wednesday, April 15, 2015. Photo by Mark Reis, The Gazette
“Wagon Man” Phillip Cargile walks along Colorado Avenue following his appearance in Municipal Court Wednesday, April 15, 2015. Photo by Mark Reis, The Gazette