Arpaio urged to probe calls to witness officer

A Washington-based government watchdog agency has asked the Maricopa County Sheriff's Office to investigate allegations that two Phoenix city councilmen broke the law by contacting a police officer who reported the fatal shooting of an unarmed domestic violence suspect.

In a letter to Sheriff Joe Arpaio, Judicial Watch asked MCSO to review any possible felonies committed by councilmen Michael Johnson and Michael Nowakowski in contacting the witness officer in the wake of the high-profile shooting that led to murder charges against south Phoenix patrolman Richard Chrisman, the officer who fired the shots.

The councilmen phoned Officer Sergio Virgillo, who was on scene with Chrisman during the shooting, to offer support to the officer for making the difficult step of reporting what he perceived to be criminal behavior by a fellow police officer.

Nowakowski (far right) told The Republic last month that the allegations are part of a police union attempt to discredit Virgillo as a sound witness in a case against one of the union’s members. He and Johnson have denied any wrongdoing.

In his Monday letter to Arpaio, Judicial Watch President Tom Fitton said Phoenix officials declined to investigate the allegations that the councilman tried to influence Virgillo to continue with telling his side of the story.

Fitton added that "these contacts also may have run afoul of Arizona criminal laws against obstructing criminal investigations and witness tampering."

Virgillo told detectives he saw Chrisman threaten suspect Danny Rodriquez with a gun to the suspect's head just prior to the fatal shooting on Oct. 5. Chrisman has pleaded not-guilty to second-degree murder, aggravated assault and animal cruelty for allegedly attacking Rodriquez and killing the suspect's dog.

Phoenix Law Enforcement Association, the labor union representing Chrisman, has suggested the call could have violated the Phoenix City Charter and that politicians are “possibly trying to exert influence over a criminal investigation," according to a past message on the union's web site.

Virgillo reported the phone calls to his supervisors, telling them he felt uncomfortable receiving calls from elected officials on his cell phone, according to e-mails posted by PLEA.

PLEA has supported the ongoing Judicial Watch lawsuit against Phoenix Public Safety Manager Jack Harris to halt his monthly pension payments three years after his retirement as police chief. Judicial Watch has separately sued Phoenix for release of Mayor Phil Gordon's security logs, though a judge denied release of the records last month.

-- Michael Ferraresi

http://www.azcentral.com/community/Blog/PHXBeat/109960

Nowakowski, Johnson say call to officer was not inappropriate

Vice Mayor Michael Nowakowski and Councilman Michael Johnson say allegations that they tried to influence a witness in the case involving Phoenix police Officer Richard Chrisman are false. Chrisman is being charged with second-degree murder.

On the website for the Phoenix Law Enforcement Association, items posted suggest that Nowakowski and Councilman Michael Johnson inappropriately contacted Officer Sergio Virgillo shortly after Virgillo worked a domestic-violence call with Chrisman.

Chrisman fatally shot 29-year-old Danny Frank Rodriquez earlier this month, and, according to court records, Virgillo told investigators Chrisman needlessly killed an unarmed man who posed no threat.

On Thursday at his arraignment in Maricopa County Superior Court, Chrisman pleaded not guilty to the second-degree murder and other charges.

According to a string of e-mails posted on the police union’s website, Virgillo felt uncomfortable with the calls from the elected officials.

“During this conversation, the councilmen stated things like …‘You are not going to second guess yourself…Right?; and ‘You did the right out out there … Right?,’” according to the e-mails PLEA has posted.

PLEA has suggested the call could have violated the Phoenix City Charter and that politicians are “possibly trying to exert influence over a criminal investigation.”

Nowakowski said he and Johnson did call Virgillo but were in no way trying to persuade Virgillo to do anything. Nowakowski said he always contacts people involved in serious police situations to express support for the Police Department and “let them know they’re in my prayers.”

The allegations are PLEA’s attempt to discredit Virgillio as a sound witness in a case against one of the union’s members, Nowakowski said.

It’s a “game to try to have us call Sergio a liar,” Nowakowski said. “They wanted us to say something bad about Sergio.”

PLEA represents Chrisman and helped post the officer’s bail shortly after he was arrested on the murder charge. Virgillio is not a member of PLEA.

“It’s just crazy politics,” Nowakowski said. “Mark (Spencer) is doing what he can to protect his PLEA guy.”

Johnson said he was commending Virgillo for "stepping forward" and "telling his side of the story."

"It's good for an officer who sees something wrong to step forward and tell the truth," Johnson said.

Johnson would not comment on the e-mails which he called "third party e-mails written between a sergeant and a lieutenant based on an alleged conversation with Sergio and written to discredit him (Sergio)."

--Lynh Bui, lynh.bui@arizonarepublic.com

http://www.azcentral.com/community/Blog/PHXBeat/102492