Another police creeper: Drunk Pinal deputy gets arrested after punching man who defended his female friend from drunk cop's unwanted advances

Mueller is on the left, standing next to Pinal County Sheriff Babeu

A Pinal County sheriff’s deputy tapped to be a fill-in department spokesman is fighting a disorderly-conduct charge after an off-duty incident outside a Tempe bar where, police say, he punched another patron.

Richard “Hank” Mueller, 30, was put on paid administrative leave Oct. 22 pending an internal investigation and is expected to remain on leave through at least Dec. 14. He is scheduled for a Nov. 28 hearing on the misdemeanor charge in Tempe Municipal Court.

According to Tempe police records released this week, surveillance video captured Mueller and another man in a heated exchange that resulted in Mueller punching the man in the face about 2:30 a.m. on Oct. 12. The victim told police he was intervening for a female friend who was getting unwanted attention from Mueller at the Firehouse, a bar and grill at University Drive and Mill Avenue.

Police said there was “no clear assault” because Mueller may have been defending himself. According to the report, video showed Mueller holding the man at arm’s length before the punch. The man — who told police he slapped Mueller’s hand away because he didn’t like to be touched — was not charged in the incident.

The Firehouse manager told police that Mueller had been causing problems throughout the night by taunting and threatening the bar security guards. One female employee complained that Mueller was “creeping her out,” according to the police report.

Firehouse employees called 911 after one confrontation, but police were not dispatched because Mueller appeared to have left. They called police a second time after the fight in the alley.

In their reports, officers described Mueller as being intoxicated and irrational. None of them identified Mueller as a Pinal County sheriff’s deputy or a law-enforcement officer.

Mueller was cited and released after promising to appear in court. It was not clear whether Mueller drove away, but the report indicated he was advised to get a ride home.

Mueller declined to comment when reached by phone Friday.

He was one of several Pinal sheriff’s employees who appeared in a commercial supporting Sheriff Paul Babeu’s candidacy for U.S. House, a race Babeu left in May to run for re-election.

Mueller was hired as a deputy in January 2009, the month Babeu first took office. Before joining the Sheriff’s Office, Mueller had been a detention officer with the Chandler Police Department — Babeu’s former employer, from which he drew several members of his command staff — and the Maricopa County Sheriff’s Office.

Mueller graduated at the top of his class from the police academy. A review of his personnel file and disciplinary records revealed multiple blemishes. In one performance review, Mueller’s supervisor said the deputy “didn’t always (use) good tact, good judgment and common sense to resolve conflict (and) at times it may escalate out of control. Mueller still needs to work on this as he generates quite a few complaints when it comes to dealing with calls for service.”

His judgment was also questioned in an incident that began as a traffic stop and escalated to the forced entry and warrantless search of an apartment. In the incident, Mueller and at least one other officer held the occupants at gunpoint.

Mueller said he had kicked in the door because he and another officer thought they smelled marijuana. Mueller told internal-affairs detectives that he believed the driver who ran from him fled into the apartment but later admitted he wasn’t sure.

His patrol commander recommended Mueller serve an 80-hour suspension without pay.

“This shows a clear lack of understanding (of) PCSO policy, constitutional rights and established case law on Deputy Mueller’s part,” the supervisor wrote. “He became over zealous and lost his ability to make sound judgment. This lack of judgment placed the citizens of Pinal County, the other deputies and officer working with him in harm’s way, while placing the Sheriff’s Office in a position of great risk and liability.”

Chief Deputy Steve Henry, however, ordered Mueller to take 20 hours of unpaid leave and required him to take a class on search and seizure. He cited Mueller’s inexperience and praised him for his “honesty and virtue” in reporting the incident to his supervisor.

“It is evident there would have never been an investigation without this virtuous act,” Henry wrote.

http://www.azcentral.com/community/pinal/articles/20121116pinal-deputy-faces-charge-bar-fight.html

Fabian Cota, Mesa Police Union Official, Reportedly Tells San Diego Cops: "Take Me to Jail ... Dickweeds!"

A San Diego police report shows that Fabian Cota, president of the Mesa Police Association, was trying to protect the honor of a female friend before being handcuffed and hauled off to a drunk tank.

Cota, who's currently on disciplinary probation with Mesa PD, as we reported earlier today, presented a danger to himself or others because he was so wasted, the report states. The cop-on-cop fun began when two of San Diego's finest happened to pull up behind a human-powered "pedi-cab" and noticed two obviously inebriated women stumble out. One of them walked up to a car, keys in hand, slurring her words as she spoke to two men in the pedi-cab.

"You're not going to drive, are you?" one of the cops asked the woman. That was the plan, she informed him. The two cops intervened and asked the pedi-cab to move along.

That's when Cota, one of the pedi-cab riders, spoke up. He became argumentative and accused the officers of harassing the woman:

"Why are you being such dickweeds to her?" he inquired of the cops, according to the report.

The cop talking to the woman who wanted to drive had to repeat himself several times to be heard over Cota's yelling, even though Cota was 20 feet away, the report states.

"I told Cota to leave because he was intoxicated and would end up in jail if he stayed," Officer Justin Mattly wrote in his report. "Cota said, 'Well take me to jail you fucking dickweeds!"

Cota was asked to step out of the pedi-cab. He told the officers he wanted to find his car so he could leave, the report says. Mattly told him he was too drunk to drive, slapped on some cuffs and drove Cota to "detox." On the way, Cota told the officer he'd intended to drive back to his hotel.

"I asked Cota what hotel he was staying at and he could not remember," Mattly wrote.

At the detox station, a drunk-tank facility, Cota asked to speak to supervisors. He also passed out three times -- once on the way to detox and twice while at the facility, says the report.

San Diego Detective Gary Hassen told New Times earlier today that people taken into custody for public intoxication are often allowed to sober up at the detox station rather than face criminal charges. After a mandatory four-hour stay in the facility, Cota was allowed to leave without further problem and won't be charged.

As our previous blog post mentioned, though, Cota's been assigned to administrative duties in lieu of a possible internal investigation.

This is one hangover sure to leave a lingering headache.

http://blogs.phoenixnewtimes.com/valleyfever/2011/06/fabian_cota_mesa_police_union.php

Mesa police union president detained in alcohol incident

Mesa Police Association President Sgt. Fabian Cota is the subject of an investigation after being detained early Saturday by San Diego police on a charge of disorderly conduct involving alcohol.

Cota, a 26-year police veteran, was not arrested but was "detained by the San Diego Police Department and was taken to detox and released from there," said Detective Gary Hassen, a San Diego police spokesman.

Mesa police officials learned of the incident Saturday morning, said Sgt. Ed Wessing, a Mesa police spokesman. By Monday, Cota was "assigned to an administrative function, while we pursue an internal investigation."

Initially, Mesa police officials were told Cota was arrested, but later learned he was detained, processed and held in detox. California law allows people to be held for at least four hours and released without charges after sobering up.

Cota makes $88,420 per year as a sergeant and $12,000 per year as union president. Cota also serves as vice president of the Arizona Police Association and did not return messages seeking comment.

Mesa police's investigation will determine whether Cota violated any department code-of-conduct policies.

Kevin Christopher, a city spokesman, said the City Manager's Office is allowing the Police Department to handle an investigation into the matter.

It's unclear how the incident will affect his position as leader of Mesa's police union. MPA officials were not immediately available for comment.

Cota's brush with the law comes after he completed a three-day suspension without pay and as he remains on one-year probation. The discipline is tied to Cota not properly reporting how an employee list was used during the department's February 2010 election between the MPA and rival Fraternal Order of Police Lodge 9.

That investigation centered on how the MPA's parent organization, the Arizona Police Association, received a list of police officer names, which were used to e-mail an election flier. The FOP lodged a complaint, stating the MPA violated election rules barring the use of city resources for the election.

City officials told investigators Cota changed his story when questioned about how the APA received the list. Cota denied their allegations and said his former girlfriend, Stacey Dillon, who handles the MPA's media relations, forwarded the contact info to the APA.

The City Council went on to nullify the February 2010 election results and ordered a new election be held last October.

MPA won that contest and Cota is in the process of negotiating a memorandum of understanding, which will outline how the organization will communicate with the city on future policy issues.

http://www.azcentral.com/community/mesa/articles/2011/06/06/20110606mesa-police-union-president-detained-california-alcohol-incident.html

One year later: Tempe police officer's certification revoked

A state board has revoked the certification of former Tempe Officer David French, a retired Marine gunnery sergeant who had served five combat tours and was said to be suffering from post-traumatic stress syndrome.

French, 41, fled from Surprise police after a chase last July and was subsequently charged in absentia with Unlawful Flight from a Law Enforcement Vehicle, a felony. French, a 20-year Marine veteran who was in the midst of a divorce, led a squad in a deadly battle of Fallujah, Iraq, according to reports.

He is believed to have left Arizona.

By revoking French's certification, the Arizona Peace Officer Standards and Training Board last week banned him from ever serving as a police officer in Arizona again.

French's wife recently told police her husband had been drinking heavily, was suffering from post-traumatic stress syndrome and was armed with two guns.

On April 24 2010, French resigned from the Tempe Police Department in lieu of termination after he reported to duty after drinking.

The report says that French had a heavy smell of alcohol on his breath on April 22, 2010. A civilian employee reported it, and Sgt. Mike Carleton also smelled the alcohol.

French told Carleton he had been "drinking heavily" after his previous shift ended. A breath test administered to French registered at .038. Any alcohol in an on-duty officer's system is prohibited.

He had also failed to report to work one day in January 2010 without contacting the department, AZPOST report says. French later told authorities he was "engrossed in resolving marital difficulties" that day.

On July 1, French fled from Surprise police after they tried to pull him over for erratic driving, the report says. French sped up and cut off cars and drove into traffic, the report says.

A Surprise officer estimated French was traveling 60 miles per hour in a residential neighborhood.

Attempts to find French have not been successful.

http://www.azcentral.com/community/tempe/articles/2011/05/23/20110523tempe-police-officer-certification-revoked0525.html

Surprise police fire officer on suspicion of DUI charge

Mike Phillips, a rookie police officer who dreamed of becoming a detective, was fired Monday following his April arrest on suspicion of aggravated DUI and endangerment, Surprise Police Department officials said.

Phillips, who lives in Waddell, was arrested April 12 by fellow officers after police said he bumped another vehicle at a low speed with his vehicle outside his child's school, police said. Police said the incident did not occur on school property.

Phillips did not return a request for comment.

Maricopa County Attorney's Office spokesman Jerry Cobb said prosecutors haven't charged Phillips and are seeking more information.

Cobb said it could take several months for prosecutors to decide.

"There's no real yardstick because each of these things is different," he said.

Police said Phillips was impaired by a "nervous system depressant" at the time of the incident. That could be any number of things, including cold medicine, authorities said.

Police said Phillips was at Paradise Education Centers, at 15533 W. Paradise Lane, to drop off his child. He was booked into the Fourth Avenue Jail and placed on administrative leave pending an internal investigation.

Sgt. Mark Ortega, a department spokesman, said Phillips' supervisors took into account the severity of the charges and the fact that he was a probationary employee before they decided to fire him.

Phillips, a 39-year-old rookie on the job less than a year, was a longtime McDonald's franchise manager. He told The Republic in August of his dreams of becoming a detective.

Lt. Penny Riherd said at the time that Phillips was hired in part because he was new to law enforcement.

http://www.azcentral.com/community/surprise/articles/2011/05/12/20110512surprise-police-officer-fired-suspicion-dui.html

Buckeye police officer put on leave after argument with teens

A Buckeye police officer has been placed on paid administrative leave after she was cited on suspicion of disorderly conduct.

Corrina Griffith, 36, was cited after a heated argument with teenagers outside a grocery store in Buckeye, said Lt. Dave Hubalik, a Buckeye police spokesman.

The Police Department placed Griffith on leave the morning after the altercation while an internal investigation into her conduct is ongoing, he said. The Goodyear Police Department is conducting a criminal investigation.

"We asked Goodyear to step in for us so that there was no possible appearance of impropriety," Hubalik said. "Goodyear did all the interviews of all the people there. Basically our officers stepped out of it so that there was no influence of any manner, and Goodyear made their decision on what they needed to do."

According to a Goodyear police report, Griffith, who was not on duty, arrived at Bashas' grocery store in Verrado at about 10 p.m. March 13. She was looking for her 15-year-old stepdaughter. The teen reportedly had told her friends that night she had run away from home. Griffith said she has been upset with the girl over various family issues.

The girl was in front of the store with a group of friends - four 15-year-olds and a 17-year-old - when Griffith arrived. Witnesses said Griffith told her stepdaughter to get in the car and then used strong words in threatening language toward the group of teens, the report states.

That sparked an argument between Griffith and one of the teens, who said she "had never been so disrespected in her life," and told Griffith "she needed to act like a mom," according to the report. The two continued to call each other names, and other teens called parents to pick them up.

One parent, Stephanie Rutherford, 36, called police and later confronted Griffith, starting another "loud verbal confrontation" that could be heard in the background of one of the 911 calls, the report states. Another parent reportedly told Griffith, "I know you are a cop, act like one."

Several witnesses said Griffith had an odor of alcohol, but a Goodyear police DUI investigation found that she did not have bloodshot, watery eyes, and did not have any balance or speech issues. She refused a field sobriety test.

Griffith was cited in lieu of arrest on suspicion of misdemeanor disorderly conduct and then released. She is scheduled to appear at the Agua Fria Justice Court in Tolleson on April 21, according to police records.

"It's always disturbing when a police officer gets into trouble, but we're going to handle it just like any other citizen," said Cmdr. Ralph McLaughlin, a Goodyear police spokesman.

Hubalik said Buckeye's internal investigation will determine whether Griffith violated any department policies, including "unbecoming" conduct.

"It's an unfortunate situation, and we're going to wait to see what the internal investigation bears out. Whatever decisions are made will be done in a fair and ethical manner," Hubalik said. "We truly believe that . . . we should hold ourselves to a higher standard, and we will not tolerate this type of behavior."

Griffith, a patrol officer, joined the Buckeye Police Department about two years ago from the Maricopa County Sheriff's Office. She changed from full time to part time in February 2010.

Griffith is married to Buckeye police Lt. Jared Griffith, a spokesman for the department.

Goodyear police are investigating possible charges against Rutherford, who "also chose not to disengage in a disorderly event" and continued "to argue with Mrs. Griffith, which only escalated the situation," the Goodyear police report states.

http://www.azcentral.com/news/articles/2011/03/24/20110324buckeye-police-officer-argument-teens.html

Phoenix police detective, sergeant arrested in separate DUI incidents

PHOENIX – Two Phoenix police officers have been arrested for alleged drunk driving, adding another chapter to the story of a department that has been the center of controversy for the past few months.

According to Sgt. Mark Ortega of the Surprise Police Department, one of the officers was arrested three weeks ago. The other was cited over the weekend.

The first officer, identified as Detective Cameron Scadden, 42, was stopped for a traffic infraction near RH Johnson Boulevard and Bell Road in the early morning hours of Feb. 18. The officer saw Scadden's police identification as he reached for his driver’s license. When asked about it, Scadden said he worked for the Phoenix Police Department.

After a field sobriety test was administered, Scadden, 42, was taken to the police station where officers had him blow into an Intoxilyzer®, which is an alcohol breath testing device. Ortega said Scadden blew a concentration of .107 the first time and .111 the second time. Both results were well above the legal limit of .08.

Scadden was cited and released.

The second incident took place on March 5 shortly before noon. Sgt. John Flanagan, 41, was pulled over for speeding near Greenway and Litchfield roads. Just like what happened with Scadden a few weeks earlier, the officer saw Flanagan’s ID. Flanagan willingly told the officer he worked for the Phoenix Police Department.

Believing he smelled alcohol on Flanagan’s breath, the officer administered a field-sobriety test.

Like, Scadden, Flanagan was taken back to the police station for an Intoxilyzer® test. Flanagan also consented to a blood draw. While the blood test is not back yet, the Intoxilyzer® returned results of .178 and .170, which is more than twice the legal limit.

He, too, was cited and released. Because the charge in Flanagan's case could be aggravated DUI, police are waiting for the results of the blood test to file.

“In both cases, they called a lieutenant they work for, a supervisor in the Phoenix Police Department,” Ortega explained. “We also made sure we made contact with that supervisor and let him know that we had arrested their people.”

Ortega insisted the two officers were not shown preferential treatment.

“Citing and releasing for DUI is a common practice, not just with our department, but many departments,” he said. “You have to have a criteria that has to be met before you can do that.”

Ortega said his department looks at DUI history, as well as the behavior and level of cooperation of the subject. He said they also try to determine if the person arrested might be a flight risk. Finally, officers determine if there is a responsible party to whom the subject can be released, somebody who can and will take charge and make sure the subject gets home safely.

“In both cases, the vehicles were impounded so there wasn’t a threat of them getting back in and driving,” Ortega said. “This is the criteria we’ll use with a construction worker, an office worker, anybody.”

Arizona has some of the toughest DUI laws in the entire country, requiring mandatory fines, jail time ranging from 24 hours to 10 days, license suspension for at least 90 days, and the installation of an ignition interlock device for first-time offenders.

News of the arrests of the two Phoenix police officers on suspicion of DUI comes just a week after the department’s chief, Public Safety Manager Jack Harris, was reassigned amid allegations of manipulating kidnapping statistics in order to obtain federal grant money. While Harris retained his title and duties as public safety manager, he no longer oversees the daily running of the police department.

Auditors with the U.S. Justice Department are reviewing the numbers that sparked the controversy. In the meantime, spending of the $1.7 million the city Phoenix received has been frozen and interim Police Chief Joe Yahner has taken over day-to-day operation of the department.

Even as they story was unfolding, another scandal broke, this one involving alleged drug theft and evidence tampering. Those allegations came up after a routine random audit in January. Investigators said the alleged crimes could have been going on for years. A Phoenix detective resigned amid the investigation.

http://www.azfamily.com/news/local/2-Phoenix-police-officers-arrested-in-separate-DUI-incidents-in-Surprise-117742138.html