2018 ANNUAL REPORT Maricopa County Attorney’s Office MaricopaCountyAttorney.org A Growing City and County Our community has seen a population boom since the early 1900s. MCAO has been expanding since that time to meet the demand. In 1928, the City of Phoenix and Maricopa County combined into the oldest standing government building in downtown Phoenix. MaricopaCountyAttorney.org/County-Courthouse 2018 Annual Report Dear Friends, In 2018, the Maricopa County Attorney’s Office continued its mission to provide a safe and wellgoverned community by delivering high-quality prosecution, comprehensive victims’ services, crime prevention programs, and legal representation for County government on behalf of the people of Maricopa County. We did this in the nation’s fourth most populous county that was the fastest growing county in the U.S. for the third year running and now numbers over 4.4 million residents. All the while, the Maricopa Attorney’s Office continues to receive national recognition for our innovative programs and our public outreach efforts continue to reach more of the people we serve. This annual report provides information on office operations with updates on crime and a new perspective on the handling of criminal cases. We highlight important cases handled in the last year, illustrating work performed by prosecutors in addition to facts and figures demonstrating how this Office impacts crime in our community and processes the cases submitted by law enforcement agencies throughout the county. Overall from 2016 to 2017, the crime rate fell 1.4% to 3,422.9 crimes per 100,000 Arizonans1. That is a level we have not seen since 1963 when the overall rate was 3,394.5. However, while overall crime is down in Arizona for the sixth year in a row and nine of the last ten years, the results are mixed. The violent crime rate rose 7.9% from 2016 to 2017, while the property crime rate fell 2.9%. Our Community Based prosecutors continue to identify crime drivers and partner with local law enforcement and communities to develop strategies to further reduce the incidence of crime in our community. The number of annual prison commitments fell from 8,004 in FY 2010 to 5,550 in FY 2017, a decrease of 30%. The state prison population also fell a second year in a row and has declined in six out of the last ten years. We have achieved this drop without negatively impacting public safety by distinguishing between offenders who would best benefit from drug treatment or other recidivism reduction programs, and those offenders responsible for the greatest amount of crime and committing acts of violence against our fellow Arizonans. For example, our Felony Pretrial Intervention Program (FPIP) has grown since we concluded the pilot phase by over 100% with a recidivism rate of less than 5%. Both inside the courtroom and out in the community, we continue to work hard to make a difference and set high standards that other public prosecution agencies often seek our help in replicating. As we move forward, our Office will seek to build on these accomplishments and set the bar even higher. The people of Maricopa County can be confident that we will continue to serve with integrity, ensuring justice for all. Bill Montgomery Maricopa County Attorney 1 Crime rates are based on information provided by the Federal Bureau of Investigation’s Uniform Crime Report: https://ucr.fbi.gov/crime-in-the-u.s/ 1 Maricopa County Attorney’s Office Definitions and Methodology Race: Information on race/ethnicity is reported by the law enforcement agency in the incident or departmental report submitted for review. MCAO does not ask about race during any part of the case lifecycle so as to avoid even an appearance of race being a factor in any case decision. MCAO does not independently verify or correct information on race provided by law enforcement agencies. Additionally, some demographic groups where individuals identify as “other,” mixed race, or Hispanic/Latino may have varied meanings from one individual to the next, which can have an impact on reported data. Hispanic/Latino: This data is unlikely to accurately represent submittals, filings and sentencing rates with Hispanic defendants. This is because the Census codes Hispanic as an ethnicity, while the majority of reporting law enforcement agencies in Maricopa County code Hispanic as a race. It is likely many cases are coded as White/Caucasian instead of Hispanic and vice versa. Unknown: This category includes individuals whose race or sex were listed as unknown or where the fields were left blank. Deferred Prosecution: This definition represents defendants offered diversion or deferred prosecution programs or services such as Treatment Assessment Screening Center (TASC) or the Felony Pretrial Intervention Program (FPIP). Successful completion of TASC or FPIP can result in charges not being filed or cases being dismissed with prejudice and no conviction entered. If the defendant fails to complete the program, the prosecutor may file criminal charges or reinstate prosecution. This report lists the number of referrals sent to deferred prosecution, not the number of successfully completion. Disposition and In Process Cases: Defendants who entered a plea of guilty at any point in the case, either at an early resolution setting or just prior to a trial were combined under the general disposition of pled. Submittal: A law enforcement agency submits an incident or departmental report to MCAO for the determination of whether or not a crime has been committed and whether a charge should be filed. Filing: The formal filing of a criminal charge with the Superior Court. Disposition: The outcome of filed cases, which can range from offering a diversion or deferred prosecution program to a conviction through a plea agreement or after a finding of guilty by a judge or jury. Disposition Options Filed: The formal acceptance of a criminal complaint by the Court. Not Filed: The disposition of an incident or departmental report setting forth specific reasons for declining to file charges after a prosecutor has reviewed the case. Refused: The disposition of an incident or departmental report that has been referred to another criminal prosecution agency. In Process: The charge was filed and has not yet been disposed or sentenced. Furthered: A request from the prosecutor to the law enforcement agency asking for further investigation of the incident or departmental report. Sentencing: Cases which end in conviction and have a sentence imposed are counted as sentenced. If the defendant pleads guilty or if the defendant is found guilty by a judge or jury, the judge will set a date for the defendant to be sentenced. In felony cases, sentencing will generally occur 30 days after the change of plea or guilty verdict. Prior to sentencing the Court will request a pre-sentence report about the defendant from the Maricopa County Adult Probation Department (only for felony cases). 2018 Annual Report 2 Sentencing Outcomes: Jail/Probation - Generally, sentences of one year or less are served in the county jail. Defendants may be sentenced to a term of probation that includes jail time, community service and/or counseling. Prison/Community Supervision - Generally, sentences of more than one year are served in the Arizona Department of Corrections with a term of supervision equivalent to one day for every seven days served. Prison/Probation - Some resolutions may result in a defendant being supervised by Adult Probation following a prison sentence instead of Community Supervision. This typically occurs where Adult Probation is capable of offering more extensive programs and services. Confinement in the State Hospital Defendants vs. Cases vs. Charges The data in this report is formatted by defendant. A single defendant could have multiple cases and each case could have multiple charges or counts. By reporting statistics based on defendants, this information will not capture the total resource impact to MCAO or the Superior Court or Adult Probation Department. Data Source MCAO employs approximately 400 Deputy County Attorneys assigned to seven divisions: Community Based Prosecution East and West, Major Offenders, Organized Crime, Special Victims, Juvenile and Civil Services. The data from this report was collected from the criminal case management system, Prosecutor by Karpel (PbK), and includes data from calendar years 2017 and 2018 based on a data extraction performed in April 2019. This report does not include information on cases processed through the Juvenile and Civil Services Divisions nor does it include data regarding misdemeanor cases. What this data does not describe This report focuses on four distinct decision points over the lifecycle of a case to create a demographic snapshot of cases handled by MCAO in 2017 and 2018; it does not track specific defendants. Since it can take months and even years to fully resolve a case, a defendant charged with a crime in 2016 may show up as a sentenced defendant in 2017 or 2018. Likewise, a defendant charged in 2018 may not have been sentenced until 2019. Accordingly totals across each category of data will not match up. South Court Tower The photo above is from the entrance to the South Court Tower of the Maricopa County Superior Court Complex. The full quote on the front of the South Court Tower reads, "THE FIRST DUTY OF SOCIETY IS JUSTICE" MaricopaCountyAttorney.org/South-Court-Tower 3 Maricopa County Attorney’s Office Adult Criminal Case Flowchart Figure 1 2018 Annual Report 4 5 Maricopa County Attorney’s Office Key Results (See Appendix for additional information and related charts) Submittals Results for submittals are for 2017 and 2018. Unless otherwise specified, percentages are averages for 2017-2018. Submitted Charges by Disposition and Year 2017 – 2018 50,000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 2017 ut io ec os Pr d re ef er D Disposition Appendix Data Table 1-1 n r O th e lty G ui lty Cu o N ot G ui se d is m is ed D rth er Fu us ed n si po is Re f tio d le rre nt D N ot Fi Pl ed 2018 N Number of Submitted Charges • 2018 had 8.28% more submitted charges than 2017. • Most suspects were male (75.06%.) • 59.41% of suspects were White. • 17.22% of suspects were Hispanic. • 16.58% of suspects were Black. • 2.06% of suspects were under the age of 18. • Most suspects (49.22%) were ages 18-30 years old. 2018 Annual Report 6 Submitted Suspects by Sex and Year 2017 – 2018 100% 90% Percent of Suspects 80% 70% 75.35% 60% 74.76% Male 50% Female 40% 30% 20% 24.65% 10% 25.24% 0% 2017 2018 Year Appendix Data Table 1-2 Submitted Suspects by Race and Year 2017 – 2018 2017 1.45% 0.88% 2018 1.78% 0.03% 4.10% 4.23% 15.90% 1.02% 0.10% 17.25% 15.24% 62.41% White/Caucasian 56.46% 19.16% Hispanic/Latino Indian-American/Alaska Native Black/African American Other Native Hawaiian/Pacific Island Appendix Data Table 1-3 Asian 7 Maricopa County Attorney’s Office Filings Results for charge filings are 2017 and 2018. Unless otherwise specified, percentages are averages for 2017-2018. • Demographic breakdown for filings closely followed charge submittal trends. • 62.39% of submitted charges were filed for 2017-2018. • 62.19% of submitted charges were filed for 2018. 60,000 55,000 50,000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 2017 n io er ec O ut th lty ui G Pr N os ot G ui lty d is m is D rth er se ed ed Fu us Re f N o ef Disposition D Cu er re rre d nt D is N ot po si Fi Pl le tio n d 2018 ed Number of Filed Charges Filed Charges by Disposition and Year 2017 – 2018 Appendix Data Table 2-1 Filed Defendants by Sex and Year 2017 – 2018 100% 90% Percent of Defendants 80% 70% 60% 78.11% 77.00% 50% Female 40% 30% 20% 10% Male 21.89% 23.00% 0% 2017 Year Appendix Data Table 2-2 2018 2018 Annual Report 8 Filed Defendants by Race and Year 2017 – 2018 2017 2018 0.85% 4.20% 1.07% 0.05% 4.52% 16.24% 1.40% 0.88% 0.06% 17.25% 16.30% 61.30% White/Caucasian 56.90% 19.02% Hispanic/Latino Indian-American/Alaska Native Black/African American Other Native Hawaiian/Pacific Island Appendix Data Table 2-3 Asian 9 Maricopa County Attorney’s Office Deferred Prosecution MCAO referred 8,611 offenders to deferred prosecution programs in 2017 and 2018. • 62.12% of referrals were in 2018. • 63.84% of suspects were White. • 15.26% of suspects were Hispanic. • 15.37% of suspects were Black. • Total number of referrals sent to deferred prosecution increased by 63.98% from 2017 to 2018. Number of Referrals Number of Referrals to Deferred Prosecution 6,000 5,349 5,000 4,000 3,262 3,000 2,000 1,000 0 2017 2018 Year Deferred Prosecution Referrals by Sex and Year 2017 – 2018 100% 90% Percent of Referrals 80% 70% 60% 71.75% 71.61% 50% Female 40% 30% 20% 10% Male 28.25% 28.39% 0% 2017 Year Appendix Data Table 3-2 2018 2018 Annual Report 10 Referred Suspects by Race and Year 2017 – 2018 2017 1.13% 0.89% 2.82% 2018 1.44% 0.09% 1.01% 3.03% 13.00% 0.06% 15.26% 14.26% 15.37% 63.84% 67.81% White/Caucasian Hispanic/Latino Black/African American Indian-American/Alaska Native Other Asian Native Hawaiian/Pacific Island Appendix Data Table 3-3 Deferred Prosecution Referrals by Age and Year 2017 – 2018 500 2017 2018 400 300 200 100 50 49 47 48 46 45 43 44 42 41 39 40 37 >50 Appendix Data Table 3-4 38 35 36 33 34 31 32 30 29 27 28 25 26 23 24 21 22 20 19 17 18 16 15 0 11 Maricopa County Attorney’s Office MCAO Deferred Prosecution is made up of several diversion programs: Check Enforcement, Child Abuse, Drug, Felony Pretrial Intervention Program (FPIP) and Justice Court. Under authority of the County Attorney, the Maricopa County Juvenile Probation Department administers Juvenile Diversion Programs. An Animal Cruelty Diversion Program is currently under development. Of these programs, FPIP is the latest diversion program to our office. Here's a look at how this particular program has grown over the last few years: FACT SHEET for the MCAO Felony Pretrial Intervention Program (FPIP) FY16 - FY18 and Part FY19 (From Inception to May 31, 2019) Total Referrals to FPIP Fiscal Year Offense Total Referrals to FPIP by Offense Count Count Percent FY16 151 13.18% Aggravated Assault 232 20% FY17 134 11.69% Forgery 126 11% FY18 277 24.17% Theft 96 8% FY19 (7/18-5/31/19) 584 Total 1146 Total Referrals to FPIP by Gender Gender Count Male 686 Female 460 Total 1146 Total Referrals to FPIP by Age Age Count 18-24 476 25-34 350 35-44 169 45-54 90 Over 54 61 50.96% 100% 92 66 65 58 58 34 33 29 28 21 18 10 8 8 8% 6% 6% 5% 5% 3% 3% 3% 2% 2% 2% 1% 1% 1% 8 1% 6 150 1146 1% 13% 100% Burglary Criminal Trespass Resisting Arrest/Hindering Percent Stolen Property 59.86% Shoplifting 40.14% Unlawful Flight 100% Marijuana/Drug Possession Criminal Damage Percent Unlawful Discharge of Firearm 41.54% Theft - Credit Card 30.54% Narcotic Drug Possession 14.75% Disorderly Conduct 7.85% Weapons Misconduct 5.32% Possession or Use of Dangerous Drug Prohibited Possessor/Disorderly Total 1146 100% Conduct w/Weapon Total Referrals to FPIP by Race/Ethnicity Unlawful Means of Transportation Race/Ethnicity Count Percent Other Asian 9 0.79% Total Black/African American Hispanic/Latino Indian American/Alaska Native Native Hawaiian/Pacific Islander White/Caucasian Unknown Total Maricopa County Attorney's Office 209 Percent 18.24% 'Other' Includes Offenses Such As: Prostitution, Vulnerable Adult Abuse, Animal Cruelty, Attempt Armed Robbery, Possession of Altered Receipt, Attempted Aggravated 47 4.10% Assault, Escape Second Degree, Criminal Simulation, 2 0.17% Computer Tampering, Unlawful Possession of Access Device, Unauthorized Use of Criminal History, Taking 695 60.65% Identity of Another, Destruction of or Injury to Public Jail, Hindering Prosecution, Attempt to Commit Burglary, 12 1.05% Organized Retail Theft, Unlawful Imprisonment, False 1146 100% Report, Tampering with Physical Evidence and Aggravated Criminal Damage. May 2019 172 15.01% Recidivism from 7/1/15 through 5/31/19: Of 497 Successful FPIP Participants, 22 Participants (4.4%) had a subsequent Referral to MCAO. 2018 Annual Report 12 Sentencing Results for charges sentenced between 2017 and 2018. Unless otherwise specified, percentages are averages for 20172018. • Demographic breakdown for sentenced charges follows submittal and filing trends. • Life sentences (0.24%) and the death penalty (0.02%) were rare. 30,000 25,000 20,000 2017 15,000 2018 10,000 5,000 le d ed N ot Fi us er Re f th O ui N ot G is m is D Cu rre nt D lty d se lty G tio is po si Pl ui n 0 ed Number of Filed Charges Sentenced Charges by Disposition and Year 2017 – 2018 o Disposition N Appendix Data Table 4-1 Sentenced Defendants by Sex and Year 2017 – 2018 100% 90% Percent of Defendants 80% 70% 60% 78.40% 77.28% 50% Female 40% 30% 20% 10% Male 21.60% 22.72% 0% 2017 Year Appendix Data Table 4-2 2018 13 Maricopa County Attorney’s Office Sentenced Defendants by Race and Year 2017 – 2018 2017 4.10% 1.14% 0.80% 2018 1.38% 0.89% 0.04% 4.42% 0.02% 16.72% 17.25% 57.32% 57.98% 19.24% 18.69% White/Caucasian Hispanic/Latino Indian-American/Alaska Native Black/African American Other Asian Native Hawaiian/Pacific Island Appendix Data Table 4-3 Sentenced Defendants by Age at Offense and Year 2017 - 2018 1400 2017 2018 1200 1000 800 600 400 200 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 >50 0 Appendix Data Table 4-4 2018 Annual Report 14 Defendant Case Highest Sentencing Outcome by Race and Year 2017 – 2018 DOC with Probation 2017 DOC with Probation 2018 0.84% 0.00% 0.42% 0.23% 0.70% 0.23% 11.92% 12.45% 11.45% 11.60% 53.80% 57.01% 18.46% 20.89% DOC Only 2017 DOC Only 2018 0.44% 4.16% 0.82% 0.02% 17.78% 0.78% 0.58% 3.52% 0.06% 18.45% 56.32% 57.01% 19.60% 20.46% White/Caucasian Hispanic/Latino Indian-American/Alaska Native Black/African American Other Native Hawaiian/Pacific Island Appendix Data Tables 4-5 & 4-6 Asian 15 Maricopa County Attorney’s Office 4.86% Jail with Probation 2017 0.00% Jail with Probation 2018 1.01% 0.71% 5.67% 14.29% 63.21% 60.34% 16.17% Jail Only 2017 1.25% 0.99% 15.84% 15.92% 2.50% 0.99% Jail Only 2018 1.25% 1.85% 1.85% 13.89% 14.38% 12.96% 9.38% 69.44% 61.25% White/Caucasian Hispanic/Latino Indian-American/Alaska Native Black/African American Other Native Hawaiian/Pacific Island Appendix Data Tables 4-5 & 4-6 Asian 2018 Annual Report 16 Probation Only 2017 1.10% 0.88% 3.44% Probation Only 2018 0.03% 1.17% 0.97% 0.06% 4.50% 16.56% 17.91% 16.51% 61.48% 58.97% 16.40% White/Caucasian Hispanic/Latino Indian-American/Alaska Native Black/African American Other Native Hawaiian/Pacific Island Appendix Data Tables 4-5 & 4-6 Asian 17 Maricopa County Attorney’s Office MCAO Divisions The Maricopa County Attorney’s Office (MCAO) covers an area of more than 9,000 square miles and each neighborhood in this vast area has its own unique crime issues and challenges. To best serve the large and diverse community across the county, MCAO expanded its communitybased prosecution model in 2017. This helps the Office provide front line prosecutors with a more direct link to working with law enforcement agencies, residents, and business leaders to collaborate on effective public safety strategies. It strengthens our partnerships with law enforcement and enables closer working relationships with each community we serve. The Community Based Prosecution East Division includes five bureaus and contains front line prosecutors, paralegals and administrative professionals working with law enforcement agencies, residents and business leaders on the east side of the valley. • Phoenix Central Bureau • East Phoenix/Scottsdale Bureau • Southeast Valley Bureau Security Building Home of the Civil Services Division • Mesa Bureau • Justice Courts East Bureau The Community Based Prosecution West Division includes five bureaus and contains front line prosecutors, paralegals and administrative professionals working with law enforcement agencies, residents and business leaders on the west side of the valley. • North Central Phoenix Bureau • West Valley Bureau • West Central Phoenix Bureau • Southwest Valley Bureau • Justice Courts West Bureau MCAO has three specialty prosecution divisions. These 13 bureaus and sections include prosecutors, investigators, paralegals and administrative professional staff with extensive, specialized expertise in order to prosecute unique and often complex cases. The Major Offenders Division includes five bureaus and sections responsible for the prosecution of dangerous, violent and repeat felony offenders, as well as death penalty cases. • Capital Litigation Bureau • Gang Bureau • Repeat Offender (ROP) Bureau • Vehicular Crimes Bureau • Cold Case Section The Organized Crime Division includes four bureaus responsible for complex cases involving criminal syndicates, human and drug smuggling organizations, fraudulent schemes, white collar crimes and organized prostitution and trafficking. • Asset Recovery Bureau • Drug Enforcement Bureau • Fraud and Identity Theft Enforcement (FITE) Bureau • Special Crimes Bureau The Special Victims Division includes four bureaus responsible for prosecuting crimes involving victims of domestic violence, sex offenses and auto theft. • Auto Theft Bureau • Family Violence Bureau • Sex Crimes East Bureau • Sex Crimes West Bureau The Juvenile Division at MCAO is responsible for the prosecution of delinquent and incorrigible children between the ages of eight and eighteen. Unlike most adult criminal cases, which are heard by a jury, juvenile cases are adjudicated by a judge with the ultimate goal of rehabilitating a youthful offender in a manner that also ensures public safety. Many firsttime offenders may be eligible for pre-filing diversion programs, which may include consequences such as community service, letters of apology, or behavioral and cognitive classes. The Juvenile Division includes four bureaus: • East Bureau A • East Bureau B • West Bureau A • West Bureau B The Civil Services Division represents the interests of the citizens of Maricopa County by providing legal advice and litigation and support to the various boards, agencies and officials of County government. The Division is organized around four Practice Group Areas: • Litigation Practice Group • Human Resources and Behavioral Health Practice Group • County Electeds Practice Group • Board of Supervisors and County Departments Practice Group 19 Maricopa County Attorney’s Office MCAO is committed to honoring and respecting the rights of crime victims as detailed in Article 2, Section 2.1 of the Arizona State Constitution, also known as the Victims' Bill of Rights. Advocates, administrative professionals, certified facility dogs, restitution specialists and claim specialists provide victim notification, restitution and compensation assistance to victims and families involved in cases currently in the Maricopa County criminal justice system. The Victim Services Division includes nine bureaus: • Field Response Bureau • Child Advocacy Bureau • Victim Compensation Bureau • Community Based Advocacy East Bureau • Community Based Advocacy West Bureau • Property and Financial Crimes Bureau • Survivor Advocacy and Support Bureau • Special Victims Advocacy Bureau • Victim Information and Resource Bureau Administration assists the Maricopa County’s Office in delivering a safe and well-governed community. This support often extends beyond the courtroom and includes the Office’s Crime Strategies Section which includes detectives, paralegals, prosecutors and analysts who use technology and information sharing to identify crime trends and patterns. This Information Focused Prosecution (IFP) model, one of only a few in prosecutor’s offices across the U.S., focuses the resources to help provide a safe and well-governed community by identifying and reducing crime. The Division also includes the Finance and Human Resources teams, support and management of the MCAO computer-based information systems, Records and the busy attorneys and administrative professionals in the Intake Sections who represent Maricopa County at preliminary hearings. The nine bureaus and sections include: • Crime Strategies Section • Finance Section • General Services Section • Human Resources Section • Information Technology Section • Records Section • Intake Downtown Sections A and B • Intake Southeast Section The Operations Division delivers administrative and prosecution support for the office. It includes the Training Bureau who is providing essential ongoing training for prosecutors and administrative professionals, the Appeals Bureau and Grand Jury and Probation Violation professionals. Bureaus included in the Operations Division are: • Appeals Bureau • Training Bureau • Early Disposition Bureau • Grand Jury and Probation Violation • Diversion Programs Bureau The Investigations Division is comprised of sworn and civilian positions that support the prosecutorial efforts of the Office. These six bureaus perform specific law enforcement related and investigative support functions for the Office. • Community Based East Bureau • Community Based West Bureau • Professional Standards Bureau • Special Crimes Bureau • Administration Bureau • Violent Crimes Bureau 2018 Annual Report 20 MCAO Employment Of all Bureau Chiefs in the Office, nearly two-thirds are women and more than half of prosecution Bureau Chiefs are women. Of all supervisory positions within the Office, two-thirds are women. MaricopaCountyAttorney.org/Careers 21 Maricopa County Attorney’s Office 2018 Noteworthy Cases Francisco Nieblas Rodriguez Sentenced to 33 Years for String of Armed Robberies Francisco Nieblas Rodriguez was sentenced to 33 years in the Department of Corrections after being found guilty of seven counts of armed robbery, two counts of attempted armed robbery, seven counts of kidnapping and nine counts of aggravated assault. From mid-April through the end of December 2016, the defendant, referred to as the “Bearded Bandit,” targeted and robbed six different check cashing businesses in Phoenix and Glendale. He would approach a female employee, usually when they were alone at the locations toward the start or close of the business day and would point a gun at them demanding money. Once the defendant had been given all the cash available, he would leave the location before police arrived. This matter was prosecuted in the Major Offenders Division, Repeat Offender Bureau and the prosecution team included: Deputy County Attorney Kevin Okano; Paralegals Jennifer West and Allison Bassett and Victim Advocate Luisa Cisneros. Jason Lindsey Found Guilty of Murder for Drive-By Shooting Killing a Teen Girl Jason Lindsey was found guilty by a jury on the charges of first-degree murder, drive-by shooting and three counts of aggravated assault all related to him firing a gun from the passenger side window at another car killing 16-year-old Niani Rayshawn Allen. On February 20, 2015, an issue arose between several people attending a high school basketball game and eventually led to four people inside a small sedan being followed by an SUV from the school parking lot. A short time later near 67th Avenue and Broadway Road, witnesses saw the defendant shoot at the sedan from the passenger side window of the SUV. The driver of the sedan drove to a nearby store to seek help while the SUV was seen driving away. This matter was prosecuted in the Community Based Prosecution West Division, West Valley Bureau and the prosecution team included: Deputy County Attorney Lori Eidemanis; Paralegal Michael Blumen and Victim Advocate Nicole Wendorf. 2018 Annual Report Jadyn Curtis Sentenced to Natural Life for Murder and Assault of 70-Year-Old Woman Jadyn Curtis was sentenced to natural life in the Department of Corrections after pleading guilty to first-degree murder. Curtis also received a consecutive life sentence for sexual assault and consecutive 21-year sentences for kidnapping and armed robbery. On June 24 officers were called to a strip mall near Indian School Road and Drinkwater Boulevard where a 70-year-old victim was found with obvious signs of a physical and sexual attack. The woman frequently slept on a patio at the building and was known to many in the area. Investigators were able to use evidence from the scene and surveillance video from the businesses at the building to determine how the suspect attacked the victim with a large rock before pulling her body into a breezeway where he raped her. A few days later the victim died from her injuries at the hospital and police asked the public for help identifying her killer. Tips from the public helped investigators identify Curtis, a former employee of a business near the building where the attack happened. The defendant’s DNA was a match to evidence found at the murder scene. This matter was prosecuted in the Major Offenders Division, Capital Litigation Bureau and the prosecution team included: Deputy County Attorney Jennifer Carper; Paralegal Karen McDermott and Victim Advocate Nicole Wendorf. Decarlos Jones Sentenced to 90 Days for Beheading of Pet Dog Decarlos Jones was sentenced to a 90-day jail sentence followed by three years of supervised probation with domestic violence and animal cruelty terms for the torture and decapitation of his and his girlfriend’s dog. Jones pled guilty to a Class 6 designated felony animal cruelty charge on November 30, 2017. In September 2017, officers were made aware of an incident that happened at the home shared by Jones and his girlfriend. The girlfriend told officers she came home to find that Jones had killed their six-month-old puppy in the bathtub and then placed its head on a table. When interviewed by investigators, Jones admitted he had become angry after the puppy had urinated on the floor in the home. He admitted he placed the dog in the tub and then hit the dog repeatedly against the tub before stabbing the puppy to death. Jones said he then decapitated the puppy and left the animal’s head on a table for his girlfriend to see. As of August 27, 2019, an offense like this one can be charged as a Class 5 felony, instead of a Class 6. MCAO worked with our Legislature to give prosecutors better tools for prosecuting horrific acts of animal cruelty. This matter was prosecuted in the Organized Crime Division, Special Crimes Bureau and the prosecution team included: Deputy County Attorney Casey Mundell; Paralegal Pamela Acker and Victim Advocate Veronica Perez. 22 23 Maricopa County Attorney’s Office Lashawn Johnson Sentenced For First Degree Murder of Woman He Met on Dating Site On April 19, 2016 the victim, 24-year-old Angela Russo, went to meet the defendant at his Phoenix apartment after making contact through a dating site. She never returned home from the planned date and family members alerted police to her disappearance. Investigators were able to determine that Russo last used her phone in the area of the apartment and the phone was not used after that time. After speaking with the defendant’s girlfriend who also lived at the apartment with the defendant, detectives learned Johnson called her the evening after he was supposed to meet Russo. She told investigators that weeks later the defendant took her hiking out in the desert near Tonopah and the defendant brought her to a burned out car. Investigators located the burned car in the desert and were able to identify it as the car Russo was last seen driving to meet Johnson. In the same area they found a grave with remains that were later identified as Angela Russo. At trial, Johnson claimed that he had consensual sex with Russo and was interrupted that next morning when his girlfriend returned home from her work shift. He claimed his girlfriend became enraged and she took a knife from the kitchen and killed Russo. He admitted to helping clean up the murder scene. This matter was prosecuted in the Special Victims Division, Sex Crimes West Bureau and the prosecution team included: Deputy County Attorneys Joseph Hinrichsen and Jeffrey Roseberry; Paralegals Sara Brotherston and Michelle Voss and Victim Advocate Nicole Wendorf. Francisco Covarrubias Sentenced to 35 Years for Horrific Abuse of 3-year-old girl Francisco Covarrubias was sentenced to 35 years in the Department of Corrections and lifetime probation upon release, after pleading guilty to three counts of attempted child abuse and two counts of kidnapping. In January 2016, officers received reports that a 3-year-old girl was being severely abused by her caretaker and he was possibly offering the young child to other men to sexually abuse. Once officers located the Mesa apartment where the girl was seen, they found Covarrubias inside the apartment but no sign of the little girl. The defendant finally admitted to officers the victim was being kept in a closet. They discovered the young girl on the floor of a hallway closet inside of a trash bag that had been pulled up to the top of her head. Once officers freed her from the trash bag they found that she had tape over her mouth and tape bounding her wrists and ankles. She had multiple bruises and injuries and had obviously been left in a heavily soiled diaper for some time. The little girl was taken to a nearby hospital where she was found to be malnourished and dehydrated. She also had extensive injuries related to being left in soiled diapers and possibly sexual abuse. She was not able to communicate and could barely stand. Covarrubias admitted to placing the victim in the trash bag so her soiled diaper would not get on his apartment floor. He also said he kept her bound in the closet, so she would not get out when he had company over and when he left her alone for hours while he was at work. He said the child’s mother had been a previous co-worker and he had been watching the child off and on for her for a couple of months. This matter was prosecuted in the Special Victims Division, Sex Crimes West Bureau and the prosecution team included: Deputy County Attorneys Frankie Grimsman & Lacey Fisher; Paralegal Michelle Voss and Victim Advocate Elizabeth Cortopassi. 2018 Annual Report Aaron Ott Sentenced to 27 Years for Murder of Teen Victim Over a Video Game System Aaron Ott was sentenced to 27 years in the Department of Corrections after pleading guilty to armed robbery and seconddegree murder of 16-year-old Miguel Navarro who met the defendant to sell an Xbox. On April 17, 2016, a 911 call was made by Navarro after being shot near his home where he was attempting to sell a video game system to another man. He died from his injures while on the phone with dispatchers. According to witnesses Navarro was seen with the item talking with another male, later identified as the defendant. Witnesses saw the defendant point a gun at Navarro who then turned to walk away from the defendant. A short time later witnesses heard a gunshot and saw Navarro lying on the ground injured while the gunman ran from the area and left in a SUV. When questioned, the defendant said that he was high on marijuana and had no memory of the murder. This matter was prosecuted in the Community Based Prosecution West Division, West Central Phoenix Bureau and the prosecution team included: Deputy County Attorney April Sponsel; Paralegals Sandra Voepel and Iara Muniz-Torres and Victim Advocate Nicole Wendorf. Dwandarrius Robinson Sentenced to Death for Murder of Pregnant Girlfriend and Setting Fire to Apartment Dwandarrius Robinson was sentenced to Death after being found guilty by a jury of two counts of first-degree murder and one count of arson of an occupied structure and one count of kidnapping in connection to the 2012 murder of 21-yearold Shaniqua Hall and their unborn child. On July 18, 2012, Robinson called 911 saying he had returned to his apartment to find it on fire and he was unsure if his girlfriend, who was 9 months pregnant, was still inside the home. Firefighters entered the apartment to find Hall’s body bound with duct tape, a rag shoved down her throat, and handcuffed inside the couple’s bedroom. Investigators found the fire was intentionally set and an accelerant had been used. This matter was prosecuted in the Major Offenders Division, Capital Litigation Bureau and the prosecution team included: Deputy County Attorney Jay Rademacher; Paralegal Cathy Lutjemeyer and Victim Advocate Marti Crockatt. Leroy Orbeck Sentenced to 25 Years for Sex Trafficking and Deadly Assault on Victim’s Unborn Child Leroy Christopher Orbeck was sentenced to 25 years in the Department of Corrections for attempted second-degree murder, sex trafficking, child prostitution, attempted sexual assault, and aggravated assault. On March 30, 2017, officers were called to a motel near 51st Avenue and I-10 for a report that minor girls were being used as prostitutes inside a room at the motel. Officers found Orbeck along with three females. Follow up investigations led to disclosures by victims that they had been trafficked by Orbeck, one victim was a minor at the time. During interviews with two of his victims, they admitted Orbeck would arrange for them to meet men in the room and take the money they earned. They said Orbeck would give them drugs, sometime forcibly, and would threaten them with a gun and physically assault them. Both victims disclosed they were also sexually assaulted by the defendant. One of the victims had become pregnant with Orbeck’s child. During one violent incident Orbeck said he no longer wanted the child and beat the victim with the intent that she lose the baby. This matter was prosecuted in the Sex Crimes Division, Sex Crimes East Bureau and the prosecution team included: Deputy County Attorney Sara Micflikier; Paralegal Tracy Manus and Victim Advocate Reem Constantine. 24 25 Maricopa County Attorney’s Office Gabriel Tovar Sentenced to 12 Years for String of Purse Thefts Targeting Elderly Victims Gabriel Tovar was sentenced to 12 years in the Department of Corrections after pleading guilty to one count of fraudulent schemes and artifices. The defendant was responsible for eight different burglaries where purses were taken from a victim’s vehicle. Between June and July 2018, Tovar targeted older women who were alone at shopping centers in the West Valley. The defendant would contact the women either in the parking lots of the shopping centers or after following them home. Tovar would usually try to convince the victim there was something wrong with their cars and once the victim went to look for the bogus issue, Tovar would take their purse and leave in his truck. Tovar would then quickly use the victims credit or debit cards for purchases. This matter was prosecuted in the Organized Crime Division, Fraud and Identity Theft Bureau and the prosecution team included: Deputy County Attorney Adam Rowley; Paralegal Janet Porter and Victim Advocate Celia Ortiz. Kevin Hevel Sentenced to 16 Years for Second Degree Murder On September 22, 2017, police received multiple 911 calls that a man was driving erratically and was believed to be intoxicated near 95th and Glendale Avenues. As the defendant continued to drive along Glendale Avenue, he drove off the roadway and struck 61-year-old Peter Rankin who was riding his bicycle on the sidewalk. Rankin was hit with enough force to throw his body into a nearby light pole causing fatal injuries. The defendant then continued to drive away from the area and collided with a marked police car. The defendant admitted to officers at the scene that he had “a lot to drink” and later was found to have a blood alcohol level of 0.235. Kevin Richard Hevel was sentenced to 16 years in the Department of Corrections for second-degree murder in connection with a fatal DUI crash. This matter was prosecuted in the Major Offenders Division, Vehicular Crimes Bureau and the prosecution team included: Deputy County Attorney Aaron Harder; Paralegal Deborah Weeter and Victim Advocate Nicole Wendorf. Judith Walthers Sentenced to Life in Prison for Violent Murder of a Man for His Truck On February 4, 2014, officers were called to a Mesa apartment to the check the welfare of a tenant that the landlord had not seen for several days. Inside officers found the body of 54-year-old Kevin Worzalla with multiple injuries and stab wounds. Judith Walthers was sentenced to life in prison for first-degree murder, in addition to four years for theft of means of transportation and two years for second-degree escape all connected to the death of Worzalla. Following her arrest, Walthers claimed she had a medical emergency and was taken to a nearby hospital. Once at the hospital she escaped from her escort and tried to hide in the ceiling of the emergency room. Family and friends of the suspect told investigators Walthers liked the thrill of robbing people and had made several comments to them about wanting to “kill an old man” for his truck prior to the murder. This matter was prosecuted in the Major Offenders Division, Capital Litigation Bureau and the prosecution team included: Deputy County Attorney Kristin Larish; Paralegal Jason Bauer and Victim Advocate Nicole Wendorf. 2018 Annual Report 26 MCAO Citizens Academy A free, one-day program of presentations and activities designed to educate members of the public about the unique role a prosecutor plays in the criminal justice system. MaricopaCountyAttorney.org/Academy 27 Maricopa County Attorney’s Office Appendix Appendix Data Table 1-1: Submitted Charges by Disposition and Year 2017 – 2018 Disposition 2017 2018 Pled 44,386 31,930 Not Filed 43,868 41,955 No Current Disposition 16,861 41,363 Refused 8,576 8,141 Furthered 6,897 9,818 Dismissed 4,015 1,914 Guilty 400 98 Not Guilty 135 41 Other 165 402 11 23 Sex 2017 2018 Female 6,967 7,245 Male 21,301 21,465 Deferred Prosecution Appendix Data Table 1-2: Submitted Suspects by Sex and Year 2017 – 2018 Appendix Data Table 1-3: Submitted Suspects by Race and Year 2017 – 2018 Race 2017 2018 White/Caucasian 17,680 16,241 Hispanic/Latino 4,317 5,512 Black/African American 4,504 4,962 Indian-American/Alaska Native 1,162 1,216 Other 411 512 Asian 248 293 9 28 Native Hawaiian/Pacific Island 2018 Annual Report 28 Appendix Data Table 2-1: Filed Charges by Disposition and Year 2017 – 2018 Disposition 2017 2018 Pled 56,478 45,440 No Current Disposition 12,469 31,739 Dismissed 4,915 2,997 Not Filed 3,619 3,642 Guilty 544 163 Not Guilty 184 55 Furthered 173 151 Refused 61 124 Other 7 65 Deferred Prosecution 0 0 Sex 2017 2018 Female 4,084 4,594 Male 14,572 15,378 Appendix Data Table 2-2: Filed Defendants by Sex and Year 2017 – 2018 Appendix Data Table 2-3: Filed Defendants by Race and Year 2017 – 2018 Race 2017 2018 White/Caucasian 11,449 11,378 Hispanic/Latino 3,044 3,803 Black/African American 3,034 3,449 Indian-American/Alaska Native 784 903 Other 199 279 Asian 159 175 9 11 Native Hawaiian/Pacific Island Appendix Data Table 3-2: Deferred Prosecution referrals by Sex and Year 2017 – 2018 Sex 2017 2018 Female 1,010 1,521 Male 3,844 6,711 Appendix Data Table 3-3: Submitted Suspects by Race and Year 2017 – 2018 Race 2017 2018 White/Caucasian 2,411 3,422 Hispanic/Latino 489 827 Black/African American 523 824 Indian-American/Alaska Native 108 163 Other 42 78 Asian 30 55 Native Hawaiian/Pacific Island 3 3 29 Maricopa County Attorney’s Office Appendix Data Table 3-4: Deferred Prosecution Referrals by Age at Offense and Year 2017 - 2018 Age 2017 2018 15 0 2 16 3 8 17 103 152 18 432 490 19 389 481 20 324 413 21 295 408 22 196 356 23 187 292 24 181 253 25 148 243 26 126 227 27 132 171 28 114 187 29 96 174 30 67 122 31 85 119 32 61 129 33 62 104 34 58 92 35 56 81 36 46 88 37 40 65 38 34 47 39 30 64 40 31 44 41 30 41 42 22 45 43 19 41 44 21 34 45 11 38 46 21 41 47 26 30 48 14 39 49 17 25 50 19 17 >50 109 207 2018 Annual Report 30 Appendix Data Table 4-1: Sentenced Charges by Disposition and Year 2017 – 2018 Disposition 2017 2018 Pled 29,640 26,654 No Current Disposition 6,555 5,535 Guilty 1,157 994 Dismissed 53 227 Not Guilty 4 9 Other 0 1 Refused 0 0 Not Filed 0 0 Sex 2017 2018 Female 3,681 3,295 Male 13,357 11,209 Appendix Data Table 4-2: Sentenced Defendants by Sex and Year 2017 – 2018 Appendix Data Table 4-3: Sentenced Defendants by Race and Year 2017 – 2018 Race 2017 2018 White/Caucasian 9,896 8,333 Hispanic/Latino 3,284 2,717 Black/African American 2,853 2,508 Indian-American/Alaska Native 700 642 Other 195 201 Asian 136 130 4 6 Native Hawaiian/Pacific Island 31 Maricopa County Attorney’s Office Appendix Data Table 4-4: Sentenced Defendants by Age at Offense and Year 2017 – 2018 Age 2017 2018 14 350 303 15 480 404 16 561 418 17 492 385 18 529 418 19 549 417 20 631 443 21 575 487 22 626 464 23 562 483 24 639 475 25 614 494 26 582 520 27 588 491 28 546 497 29 511 511 30 537 470 31 545 424 32 470 379 33 448 366 34 442 376 35 447 375 36 420 349 37 352 326 38 303 283 39 327 260 40 272 252 41 251 235 42 238 242 43 203 201 44 232 205 45 202 184 46 232 169 47 193 175 48 189 173 49 146 144 50 164 129 >50 1,213 1,244 2018 Annual Report 32 Appendix Data Table 4-5: Defendant Case Highest Sentencing Outcome by Race 2017 Race DOC with Probation DOC Only Jail with Jail Only Probation Probation Only White/Caucasian 255 3,301 2,057 98 4,185 Hispanic/Latino 99 1,199 518 31 1,124 Black/African American 55 1,042 465 23 1,127 189 171 0 277 Indian-American/Alaska Native Other 59 30 2 72 Asian 244 30 2 60 Native Hawaiian/Pacific Island 158 0 0 4 Appendix Data Table 4-6: Defendant Case Highest Sentencing Outcome by Race 2018 Race DOC with Probation DOC Only Jail with Jail Only Probation Probation Only White/Caucasian 244 3,057 1,821 75 3,631 Hispanic/Latino 79 1,051 488 14 1,010 Black/African American 49 989 478 15 1,103 Indian-American/Alaska Native 51 189 171 0 277 Other 1 42 30 2 72 Asian 3 31 30 2 60 Native Hawaiian/Pacific Island 1 3 0 0 4 2018 ANNUAL REPORT Maricopa County Attorney’s Office MaricopaCountyAttorney.org