SEDONA, AZ – A Phoenix man has been arrested for allegedly exposing his genitals to two sisters and inappropriately touching one of them on a trailhead outside Sedona.
Dwight D’Evelyn with the Yavapai County Sheriff’s Office said officials responded to a report of indecent exposure at the Boynton Canyon Trailhead around 2:45 p.m. Monday.
A 27-year-old female and her 26-year-old sister provided a description of the suspect, including a vehicle description with a license plate.
Within 20 minutes, Sedona Police Officers and US Forest Service Law Enforcement personnel said they stopped the suspect vehicle, according to D’Evelyn.
The driver was identified as 30-year-old Phoenix resident Joshua Lee Boyd, who apparently admitted inappropriate contact with the two victims.
He also reportedly acknowledged drinking alcohol and smoking marijuana the previous evening.
D’Evelyn said deputies learned that Boyd approached one of the females, who was facing away from him and bending over to tie her shoes, and rubbed his exposed genitalia against her buttocks.
She turned to face him and both sisters yelled at him to get away, according to YCSO.
Boyd reportedly got into his car and left the area.
Boyd was arrested and booked at the Camp Verde Detention Center for 2 counts of Public Sexual Indecency, 2 counts of Indecent Exposure and DUI Drugs.
Source
Tuesday, December 15, 2009
Saturday, November 28, 2009
Phoenix Suns Jason Richardson suspended for DUI
Phoenix Suns guard Jason Richardson has been officially suspended for two games by the NBA following a guilty plea to his DUI arrest in December.
The NBA awaited sentencing and full legal conclusion from the event to issue Richardson's, also known as J-Rich, suspension. The suspension will be in effect immediately at the start of the season.
Richardson's arrest occurred on December 21 at 2:45 in the morning. He had just joined the Suns and was traveling in his vehicle following a Saturday night game against the Nuggets. He had posted an impressive 19 points in the game, and the arrest occurred only hours later.
Richardson is expected to miss the first two games on October 28 & 29 against the Warriors. Team reporters estimate Leandro Barbosa will be joining the Suns starting lineup in replace of the suspended guard.
This is Richardson's second suspension in his tenure with the NBA. The first occurred due to he received a ticket for reckless driving and other charges. That incident occurred on February 16 of 2008 when he was arrested for speeding in excess of 90 miles an hour in a 35 mph zone during the All-Star weekend. He had a child in the backseat unrestrained.
Neither the Suns nor Richardson has issued a statement regarding the suspension as of yet. Richardson's guilty plea likely assisted in carrying out negligible penalties against him for the time being. However, if he is arrested again or involved in another traffic violation, he will have plenty to worry about.
The two game suspension, while certainly not ideal for Richardson or the team, will not greatly affect their season or his pay.
Source
The NBA awaited sentencing and full legal conclusion from the event to issue Richardson's, also known as J-Rich, suspension. The suspension will be in effect immediately at the start of the season.
Richardson's arrest occurred on December 21 at 2:45 in the morning. He had just joined the Suns and was traveling in his vehicle following a Saturday night game against the Nuggets. He had posted an impressive 19 points in the game, and the arrest occurred only hours later.
Richardson is expected to miss the first two games on October 28 & 29 against the Warriors. Team reporters estimate Leandro Barbosa will be joining the Suns starting lineup in replace of the suspended guard.
This is Richardson's second suspension in his tenure with the NBA. The first occurred due to he received a ticket for reckless driving and other charges. That incident occurred on February 16 of 2008 when he was arrested for speeding in excess of 90 miles an hour in a 35 mph zone during the All-Star weekend. He had a child in the backseat unrestrained.
Neither the Suns nor Richardson has issued a statement regarding the suspension as of yet. Richardson's guilty plea likely assisted in carrying out negligible penalties against him for the time being. However, if he is arrested again or involved in another traffic violation, he will have plenty to worry about.
The two game suspension, while certainly not ideal for Richardson or the team, will not greatly affect their season or his pay.
Source
Sunday, November 15, 2009
Phoenix DUI and assault charges after hit-and-run
Monday's hit-and-run accident in the Phoenix area has resulted in one arrest for DUI and aggravated assault.
The accident occurred around 6PM in the east Mesa area outside Phoenix when a car struck a bicyclist, whose name has not yet been released. By 9PM that same day, Benito Gil-Mendoza was arrested and charged.
The cyclist was airlifted to Scottsdale Healthcare at Osborn hospital for treatment of pelvic fractures, a broken arm and back and some bleeding on the brain. There has been no information released regarding his current status.
While Gil-Mendoza had fled the scene rather quickly, witnesses were able to identify his vehicle. A Public Safety officer noticed a vehicle matching the description and carried out a routine traffic stop. The officer immediately noticed the smell of alcohol and suspected DUI.
Gil-Mendoza submitted a breath test that revealed his blood alcohol level was about .2%. Gil-Mendoza will be charged with DUI and aggravated assault due to the bodily injury caused by the accident. It is unknown whether Gil-Mendoza will be charged with manslaughter or, in worst case, murder, if the cyclist does not recover from the accident. Even in absence of homicide charges he faces years in prison for the assault.
Source
The accident occurred around 6PM in the east Mesa area outside Phoenix when a car struck a bicyclist, whose name has not yet been released. By 9PM that same day, Benito Gil-Mendoza was arrested and charged.
The cyclist was airlifted to Scottsdale Healthcare at Osborn hospital for treatment of pelvic fractures, a broken arm and back and some bleeding on the brain. There has been no information released regarding his current status.
While Gil-Mendoza had fled the scene rather quickly, witnesses were able to identify his vehicle. A Public Safety officer noticed a vehicle matching the description and carried out a routine traffic stop. The officer immediately noticed the smell of alcohol and suspected DUI.
Gil-Mendoza submitted a breath test that revealed his blood alcohol level was about .2%. Gil-Mendoza will be charged with DUI and aggravated assault due to the bodily injury caused by the accident. It is unknown whether Gil-Mendoza will be charged with manslaughter or, in worst case, murder, if the cyclist does not recover from the accident. Even in absence of homicide charges he faces years in prison for the assault.
Source
Wednesday, October 28, 2009
Smoking, DUI laws reduce demand for liquor licenses
PHOENIX — Nearly five years ago, lobbyists for Arizona's liquor industry succeeded in convincing lawmakers that there was a pent-up demand for hundreds of new liquor licenses.
But in the first four years after the law passed in 2005, just 151 new licenses were issued to liquor stores, bars and restaurants, according to a state audit report. That's less than a third of the number expected.
Liquor industry officials cite a tough business climate and the ongoing recession, a recent crackdown on DUI offenders and a new statewide ban on smoking in bars and other public places.
"All these things have had an effect," said Bill Weigele, president of the Arizona Licensed Beverage Association. "The marketplace has changed."
In fact, the sales price for existing licenses has dropped in recent years, with prices for a bar license in the Phoenix area slipping from $100,000 to $85,000 or $90,000, he said.
The 2005 law included a four-tier system for allotting a total of 120 additional licenses a year to counties based on their populations. The allotments ranged from 30 annually for Maricopa County, which includes most of the Phoenix area, to three for each of seven counties with populations less than 100,000.
Arizona hadn't awarded licenses since the late 1980s before the 2005 law passed. That was largely because holders of existing licenses didn't want to diminish their resale value.
Resistance from some local governments also proved to be a factor.
"It was thought that we should put some more out there to relieve the (cost) pressure," said Jerry A. Oliver Sr., director of the Arizona Department of Liquor Licenses and Control.
The new allotments did help make licenses more affordable "for a little guy," partly because the state doesn't charge commissions on its sales, according to Oliver.
He said brokers began lowering prices on resale licenses in response, reducing interest in the new ones being issued by the state.
And the recession began taking its toll on overall demand.
"There was some disappointment. We thought we'd do better," Oliver acknowledged.
The new licenses were expected to produce approximately $6.3 million of new state revenue annually, according to a 2005 legislative staff memo.
However, a recent state audit report says the amount actually generated in the four fiscal years that ended June 30 totaled about $15.6 million.
The fixed annual allotments go away in 2010, replaced under the 2005 law by a formula keyed to population growth.
Weigele, a real estate broker specializing in bars and restaurants, said he doesn't expect demand for liquor licenses to increase much.
Even before the recession hit, Arizona's 2007 law requiring first-time DUI offenders to install breath-test devices on their vehicles "was a killer" that keeps many casual drinkers home, Weigele said. A voter-approved ban on smoking in bars, restaurants and other public places took effect in 2007.
"There's not going to be the demand there was previously," he said.
"We're on the road to becoming a dinosaur. There are just too many reasons.
Oliver, who is active in an association of state liquor regulators, said Arizona "is probably in worse shape" on interest in new liquor licenses than other states because of its stringent DUI laws, the smoking ban and other factors.
"I think it's going to be a while for us to turn it around here," he said.
Source
But in the first four years after the law passed in 2005, just 151 new licenses were issued to liquor stores, bars and restaurants, according to a state audit report. That's less than a third of the number expected.
Liquor industry officials cite a tough business climate and the ongoing recession, a recent crackdown on DUI offenders and a new statewide ban on smoking in bars and other public places.
"All these things have had an effect," said Bill Weigele, president of the Arizona Licensed Beverage Association. "The marketplace has changed."
In fact, the sales price for existing licenses has dropped in recent years, with prices for a bar license in the Phoenix area slipping from $100,000 to $85,000 or $90,000, he said.
The 2005 law included a four-tier system for allotting a total of 120 additional licenses a year to counties based on their populations. The allotments ranged from 30 annually for Maricopa County, which includes most of the Phoenix area, to three for each of seven counties with populations less than 100,000.
Arizona hadn't awarded licenses since the late 1980s before the 2005 law passed. That was largely because holders of existing licenses didn't want to diminish their resale value.
Resistance from some local governments also proved to be a factor.
"It was thought that we should put some more out there to relieve the (cost) pressure," said Jerry A. Oliver Sr., director of the Arizona Department of Liquor Licenses and Control.
The new allotments did help make licenses more affordable "for a little guy," partly because the state doesn't charge commissions on its sales, according to Oliver.
He said brokers began lowering prices on resale licenses in response, reducing interest in the new ones being issued by the state.
And the recession began taking its toll on overall demand.
"There was some disappointment. We thought we'd do better," Oliver acknowledged.
The new licenses were expected to produce approximately $6.3 million of new state revenue annually, according to a 2005 legislative staff memo.
However, a recent state audit report says the amount actually generated in the four fiscal years that ended June 30 totaled about $15.6 million.
The fixed annual allotments go away in 2010, replaced under the 2005 law by a formula keyed to population growth.
Weigele, a real estate broker specializing in bars and restaurants, said he doesn't expect demand for liquor licenses to increase much.
Even before the recession hit, Arizona's 2007 law requiring first-time DUI offenders to install breath-test devices on their vehicles "was a killer" that keeps many casual drinkers home, Weigele said. A voter-approved ban on smoking in bars, restaurants and other public places took effect in 2007.
"There's not going to be the demand there was previously," he said.
"We're on the road to becoming a dinosaur. There are just too many reasons.
Oliver, who is active in an association of state liquor regulators, said Arizona "is probably in worse shape" on interest in new liquor licenses than other states because of its stringent DUI laws, the smoking ban and other factors.
"I think it's going to be a while for us to turn it around here," he said.
Source
Thursday, October 15, 2009
Arizona DUI task force update
Phoenix, AZ - As of early saturday morning the new Arizona DUI task force efforts that are scheduled to last through September 7, 2009 had netted 120 DUI arrests statewide.
Police agencies throughout Arizona, including Phoenix, Scottsdale and Tucson are participating in the efforts, which include DUI checkpoints and saturation patrols.
Throughout the state they made 700 stops. Of the 120 DUI arrests, there were 12 felony DUIs and 115 misdemeanors. There were also 13 minors arrested.
"This time of year police agencies in Arizona pool their resources towards DUI enforcement," said Arizona DUI lawyer Stewart Bergman, whose practice in Scottsdale focuses on defending people accused of DUI throughout the greater Phoenix area. "It is not unusual to see a Gilbert Police Officer patrolling in Scottsdale, or a Scottsdale Officer working in Glendale or Phoenix."
While the pooling of police resources makes it easier for law enforcement to concentrate on any given area in the state, it can create logistical problems.
"After a large task force event, you might see a DUI case charged in Scottsdale Municipal Court because the arrest was made there. But then you have a Gilbert Police Officer who made the stop and took a blood sample. Gilbert sends their blood samples to the Chandler Crime Lab for analysis. So you end up with a prosecutor's office like Scottsdale using Chandler and Gilbert city witnesses in the prosecution."
The logistical difficulties of getting several law enforcement agencies to cooperate and coordinate during a DUI prosecution can provide an advantage to the defense, especially when the DUI defense attorney is on top of the situation and make appropriate and frequent requests for discovery. Because of the administrative slowdowns, there is often times more opportunity to get favorable deals.
"It is never worth it to drink and then drive in Arizona," says Bergman, "because we see cases getting charged where the person is well under the legal limit."
Under Arizona DUI Law, the police can charge a person with being impaired to the slightest degree even if the person is well under the legal limit of 0.08 percent body alcohol concentration. And prosecutors are capable of getting convictions for DUI when the persons alcohol level is as low as a 0.06, or 75 percent of the legal limit.
"Task force events are about more than pure public safety," explained Bergman. "They are about numbers, and between and within some police departments, they may even be about competition. Because of this, even if you know you are okay to drive but have had drinks, if you can find another way to get home it is a cheap insurance plan against getting a DUI."
A first offense Arizona DUI can carry up to a minimum of 45 days in jail, depending on the alcohol level, and comes with loss of driving privileges, ignition interlock devices and heavy fines.
Source
Police agencies throughout Arizona, including Phoenix, Scottsdale and Tucson are participating in the efforts, which include DUI checkpoints and saturation patrols.
Throughout the state they made 700 stops. Of the 120 DUI arrests, there were 12 felony DUIs and 115 misdemeanors. There were also 13 minors arrested.
"This time of year police agencies in Arizona pool their resources towards DUI enforcement," said Arizona DUI lawyer Stewart Bergman, whose practice in Scottsdale focuses on defending people accused of DUI throughout the greater Phoenix area. "It is not unusual to see a Gilbert Police Officer patrolling in Scottsdale, or a Scottsdale Officer working in Glendale or Phoenix."
While the pooling of police resources makes it easier for law enforcement to concentrate on any given area in the state, it can create logistical problems.
"After a large task force event, you might see a DUI case charged in Scottsdale Municipal Court because the arrest was made there. But then you have a Gilbert Police Officer who made the stop and took a blood sample. Gilbert sends their blood samples to the Chandler Crime Lab for analysis. So you end up with a prosecutor's office like Scottsdale using Chandler and Gilbert city witnesses in the prosecution."
The logistical difficulties of getting several law enforcement agencies to cooperate and coordinate during a DUI prosecution can provide an advantage to the defense, especially when the DUI defense attorney is on top of the situation and make appropriate and frequent requests for discovery. Because of the administrative slowdowns, there is often times more opportunity to get favorable deals.
"It is never worth it to drink and then drive in Arizona," says Bergman, "because we see cases getting charged where the person is well under the legal limit."
Under Arizona DUI Law, the police can charge a person with being impaired to the slightest degree even if the person is well under the legal limit of 0.08 percent body alcohol concentration. And prosecutors are capable of getting convictions for DUI when the persons alcohol level is as low as a 0.06, or 75 percent of the legal limit.
"Task force events are about more than pure public safety," explained Bergman. "They are about numbers, and between and within some police departments, they may even be about competition. Because of this, even if you know you are okay to drive but have had drinks, if you can find another way to get home it is a cheap insurance plan against getting a DUI."
A first offense Arizona DUI can carry up to a minimum of 45 days in jail, depending on the alcohol level, and comes with loss of driving privileges, ignition interlock devices and heavy fines.
Source
Monday, September 28, 2009
College Board President Admits To DUI Arrest
PHOENIX -- Board member Debra Pearson has called for Colleen Clark to resign from the Maricopa Community Colleges governing board, after she admitted to being arrested on a charge of driving under the influence.
Clark, 26, is the president of the governing board.
Although most board members seem to be in her corner, Pearson said she thinks she should resign.
Pearson said even before now, faculty and students had been critical of Clark's leadership, including her.
"That is an embarrassment and a mockery to the purpose that we're on this board," said Pearson.
Clark, who was elected to the board in 2006, was arrested by Scottsdale police on July 11 on suspicion of driving under the influence of alcohol.
"We need to call it out rather than condone it and have us painted with that same brush," said Pearson.
Before an event at Paradise Valley Community College, Pearson said Clark has been critical and judgmental of others and sees a lot of hypocrisy.
"One of the things that the public is most frustrated with and annoyed with and fed-up with, is this mentality that when there's a bad apple in the barrel, is that you can't call it out," said Pearson.
According to the police report Clark was "impaired to the slightest degree."
The officer wrote that she slurred her speech had watery, bloodshot eyes and a light odor of alcohol on her breath, according to the report.
She told officers she "had two glasses of red wine."
Clark admitted to the DUI arrest at a work-study session. Pearson said she believes the arrest could compromise the tough calls that the board may have to make in the future.
"There is nobody that can do anything about this except for Colleen Clark," said Pearson.
Pearson said there is no authority given to the board to vote someone off and that the person would have to resign.
Source
Clark, 26, is the president of the governing board.
Although most board members seem to be in her corner, Pearson said she thinks she should resign.
Pearson said even before now, faculty and students had been critical of Clark's leadership, including her.
"That is an embarrassment and a mockery to the purpose that we're on this board," said Pearson.
Clark, who was elected to the board in 2006, was arrested by Scottsdale police on July 11 on suspicion of driving under the influence of alcohol.
"We need to call it out rather than condone it and have us painted with that same brush," said Pearson.
Before an event at Paradise Valley Community College, Pearson said Clark has been critical and judgmental of others and sees a lot of hypocrisy.
"One of the things that the public is most frustrated with and annoyed with and fed-up with, is this mentality that when there's a bad apple in the barrel, is that you can't call it out," said Pearson.
According to the police report Clark was "impaired to the slightest degree."
The officer wrote that she slurred her speech had watery, bloodshot eyes and a light odor of alcohol on her breath, according to the report.
She told officers she "had two glasses of red wine."
Clark admitted to the DUI arrest at a work-study session. Pearson said she believes the arrest could compromise the tough calls that the board may have to make in the future.
"There is nobody that can do anything about this except for Colleen Clark," said Pearson.
Pearson said there is no authority given to the board to vote someone off and that the person would have to resign.
Source
Sunday, September 6, 2009
Mom Pepper Sprays Daughters
TEMPE, Ariz. -- A Tempe woman was arrested on aggravated assault charges Saturday after she began pepper spraying her two daughters during an argument, police said.
Michelle Antone, 35, displayed signs of alcohol impairment, officers said.
Police said the incident began as a domestic dispute, reported KPHO-TV in Phoenix.
Antone had awakened at about 4 p.m. and was intoxicated, investigators said. Her two daughters, ages 10 and 15, fled the home after Antone became belligerent toward them.
When her daughters returned about two hours later, their mom asked for her car keys, officers said. The car keys were locked in another room to prevent Antone from driving while intoxicated, police said.
The older daughter told her mom that she did not have access to the room where the car keys were located, investigators said.
Antone, upset because she could not get her car keys, began pepper spraying her daughters, police said. Antone then left the house and was later located at a nearby park.
Source
Michelle Antone, 35, displayed signs of alcohol impairment, officers said.
Police said the incident began as a domestic dispute, reported KPHO-TV in Phoenix.
Antone had awakened at about 4 p.m. and was intoxicated, investigators said. Her two daughters, ages 10 and 15, fled the home after Antone became belligerent toward them.
When her daughters returned about two hours later, their mom asked for her car keys, officers said. The car keys were locked in another room to prevent Antone from driving while intoxicated, police said.
The older daughter told her mom that she did not have access to the room where the car keys were located, investigators said.
Antone, upset because she could not get her car keys, began pepper spraying her daughters, police said. Antone then left the house and was later located at a nearby park.
Source
Monday, August 24, 2009
No more catch and release of illegal migrants
A misunderstanding of the relationship between federal, criminal and immigration laws causes some to believe being in the United States in violation of immigration law is a civil issue and not a crime. This is clearly wrong.
The Constitution and Congress have given the enforcement role to local government. Unsanctioned entry into this country is a crime.
Ending sanctuary policies is a popular idea. Scores of elected officials and polling over the past few years have shown about 75 percent of voters support it. There needs to be an end to the practice of catch and release! My legislation, SB 1175, which is now HB 2280, requires officials and agencies of the state, counties, cities and towns to fully comply with and assist in the enforcement of federal immigration laws and makes trespassing by illegal aliens a crime.
This is a critical bill. It is also a bill that is firmly grounded in our laws and in an extraordinary number of legal decisions at every level of our justice system.
Citizens have a constitutional right to expect the protection of federal laws that prohibit unauthorized activities by non-citizens and are denied equal protection by law enforcement, police departments or magistrates that fail to enforce those laws.
This is the only law we put conditions on before a police officer can enforce it. Illegal immigrants are the only criminals we protect by policies. No other crime or criminal gets this protection by our elected officials.
Studies and reports have cited alarming statistics: Illegal aliens kill 9,000 Americans a year - 25 each day, 12 by stabbings and shootings, 13 by DUI and related crimes; more than 100 sex offenders cross the border daily committing 1 million sex crimes a year.
Phoenix runs second in the world in kidnappings and third in the United States for violence.
Arizona has become the home-invasion, carjacking, identity-theft capital of the nation. These are not statistics Arizona should be famous for.
Enough is enough. The laws must be enforced.
We have good laws. What we don't need is "comprehensive immigration reform," which is a code word for amnesty, pushed by illegal employers, while taxpayers and victims pay the price.
State and local law-enforcement officials have the general power to investigate and arrest violators of U.S. immigration statutes without the prior knowledge or approval of federal officials, as long as state law does not restrict such general power.
No more catch and release! Sanctuary policies are illegal. Local, state or federal government agencies that sanction or retaliate against employees or officials who report immigration-law violations to ICE or the Border Patrol can be sued by the whistle-blower law.
The courts have not identified any policy or humanitarian argument that would negate the fact that aliens are present in the United States in violation of law. The First Amendment does not protect actions that aid illegal aliens to remain in the United States.
I pledge that if we eliminate all sanctuary policies in this state, the result will be less crime and lower taxes. The costs of these crimes are far more than financial to our citizens, and HB 2280 will help make Arizona a safer place.
Source
The Constitution and Congress have given the enforcement role to local government. Unsanctioned entry into this country is a crime.
Ending sanctuary policies is a popular idea. Scores of elected officials and polling over the past few years have shown about 75 percent of voters support it. There needs to be an end to the practice of catch and release! My legislation, SB 1175, which is now HB 2280, requires officials and agencies of the state, counties, cities and towns to fully comply with and assist in the enforcement of federal immigration laws and makes trespassing by illegal aliens a crime.
This is a critical bill. It is also a bill that is firmly grounded in our laws and in an extraordinary number of legal decisions at every level of our justice system.
Citizens have a constitutional right to expect the protection of federal laws that prohibit unauthorized activities by non-citizens and are denied equal protection by law enforcement, police departments or magistrates that fail to enforce those laws.
This is the only law we put conditions on before a police officer can enforce it. Illegal immigrants are the only criminals we protect by policies. No other crime or criminal gets this protection by our elected officials.
Studies and reports have cited alarming statistics: Illegal aliens kill 9,000 Americans a year - 25 each day, 12 by stabbings and shootings, 13 by DUI and related crimes; more than 100 sex offenders cross the border daily committing 1 million sex crimes a year.
Phoenix runs second in the world in kidnappings and third in the United States for violence.
Arizona has become the home-invasion, carjacking, identity-theft capital of the nation. These are not statistics Arizona should be famous for.
Enough is enough. The laws must be enforced.
We have good laws. What we don't need is "comprehensive immigration reform," which is a code word for amnesty, pushed by illegal employers, while taxpayers and victims pay the price.
State and local law-enforcement officials have the general power to investigate and arrest violators of U.S. immigration statutes without the prior knowledge or approval of federal officials, as long as state law does not restrict such general power.
No more catch and release! Sanctuary policies are illegal. Local, state or federal government agencies that sanction or retaliate against employees or officials who report immigration-law violations to ICE or the Border Patrol can be sued by the whistle-blower law.
The courts have not identified any policy or humanitarian argument that would negate the fact that aliens are present in the United States in violation of law. The First Amendment does not protect actions that aid illegal aliens to remain in the United States.
I pledge that if we eliminate all sanctuary policies in this state, the result will be less crime and lower taxes. The costs of these crimes are far more than financial to our citizens, and HB 2280 will help make Arizona a safer place.
Source
Monday, August 10, 2009
Father of teen found 4 days after fatal crash seeks $10 mil
The father of a 17-year-old boy whose body was found in his wrecked car in a ditch four days after he crashed is seeking a $10 million settlement from the city, claiming Phoenix police and firefighters failed to search for the teen.
The pending wrongful-death claim suggested that first responders ignored the victim's passenger, who survived the nighttime crash, when he told them the car rolled over into trees and deep brush at the southeast corner of Cave Creek and Pinnacle Peak roads.
A Phoenix police helicopter made several passes over the area, shedding light on the scene, but police left that night without finding the vehicle. David Montoya's body was discovered four days after the Nov. 3 accident when a patrol officer returned to the scene and found the teen's body in a black Dodge Stratus overturned next to a tree.
The teen's father, Edward Montoya Sr., alleged that Phoenix police and firefighters "might have prevented his death" if he was trapped alive inside in the vehicle, according to the claim filed last month.
Jim Fickling, the family's attorney, said the city has until next week to respond to the claim within the 60-day limit. He said the family is prepared to file a lawsuit if they do not receive a response. Phoenix police declined comment, citing the pending litigation.
Fickling added the family is seeking "punitive damages that a jury would award." Edward Montoya did not return a call for comment.
David Montoya was driving southbound on Cave Creek Road around 9:30 p.m. at the time of the accident as he and 19-year-old Joshua George went to visit a friend in central Phoenix.
Police found George injured and intoxicated in the middle of Cave Creek Road after the accident.
Officers ignored George's comments because "they had reason to believe that David Montoya was hiding out with the vehicle somewhere" and wanted to "avoid facing his father over damaging the vehicle" in what they suspected was a DUI-related collision, according to the family's claim.
"A merely cursory attempt was made to locate the vehicle, despite Joshua George's statements, descriptions and injuries consistent with a rollover accident," the family wrote in the claim.
The family reported David Montoya missing after he didn't return home. On Nov. 7, four days later, a patrol officer located the vehicle upside-down in a "small copse of trees" about 70 feet off the roadway.
The claim also alleged four Phoenix police officers violated department policy and "concocted wholly fictitious and entirely erroneous theories and stories concerning David Montoya's fate" by suggesting that he fled the scene of a DUI crash.
Source
The pending wrongful-death claim suggested that first responders ignored the victim's passenger, who survived the nighttime crash, when he told them the car rolled over into trees and deep brush at the southeast corner of Cave Creek and Pinnacle Peak roads.
A Phoenix police helicopter made several passes over the area, shedding light on the scene, but police left that night without finding the vehicle. David Montoya's body was discovered four days after the Nov. 3 accident when a patrol officer returned to the scene and found the teen's body in a black Dodge Stratus overturned next to a tree.
The teen's father, Edward Montoya Sr., alleged that Phoenix police and firefighters "might have prevented his death" if he was trapped alive inside in the vehicle, according to the claim filed last month.
Jim Fickling, the family's attorney, said the city has until next week to respond to the claim within the 60-day limit. He said the family is prepared to file a lawsuit if they do not receive a response. Phoenix police declined comment, citing the pending litigation.
Fickling added the family is seeking "punitive damages that a jury would award." Edward Montoya did not return a call for comment.
David Montoya was driving southbound on Cave Creek Road around 9:30 p.m. at the time of the accident as he and 19-year-old Joshua George went to visit a friend in central Phoenix.
Police found George injured and intoxicated in the middle of Cave Creek Road after the accident.
Officers ignored George's comments because "they had reason to believe that David Montoya was hiding out with the vehicle somewhere" and wanted to "avoid facing his father over damaging the vehicle" in what they suspected was a DUI-related collision, according to the family's claim.
"A merely cursory attempt was made to locate the vehicle, despite Joshua George's statements, descriptions and injuries consistent with a rollover accident," the family wrote in the claim.
The family reported David Montoya missing after he didn't return home. On Nov. 7, four days later, a patrol officer located the vehicle upside-down in a "small copse of trees" about 70 feet off the roadway.
The claim also alleged four Phoenix police officers violated department policy and "concocted wholly fictitious and entirely erroneous theories and stories concerning David Montoya's fate" by suggesting that he fled the scene of a DUI crash.
Source
Monday, July 20, 2009
Lawsuits Mount Up Against Sheriff Arpaio
PHOENIX (CN) - Though she had notes from a judge and a doctor, Sheriff Joe Arpaio denied a woman her prescription medication in jail, causing her to pass out and require emergency medical care, the woman claims in Maricopa County Court. This is the 33rd lawsuit filed against Maricopa County Sheriff Joe Arpaio since 2007, according to the Courthouse News database.
Delyla Pierson-Winburn says she passed out in a holding cell while incarcerated for a DUI conviction at the Lower Buckeye. She says she requires daily prescription medicine for temperature intolerance, but she was not allowed to take it, though she was allowed to bring her prescriptions to the jail and she had a letter from a judge stating that she should be allowed to use her medication, and a letter from her doctor stating she had "significant temperature intolerance."
Winburn demands damages for medical costs, severe anxiety disorder and loss of wages.
She is represented by Janet R. Feeley of Mesa.
Source
Delyla Pierson-Winburn says she passed out in a holding cell while incarcerated for a DUI conviction at the Lower Buckeye. She says she requires daily prescription medicine for temperature intolerance, but she was not allowed to take it, though she was allowed to bring her prescriptions to the jail and she had a letter from a judge stating that she should be allowed to use her medication, and a letter from her doctor stating she had "significant temperature intolerance."
Winburn demands damages for medical costs, severe anxiety disorder and loss of wages.
She is represented by Janet R. Feeley of Mesa.
Source
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