The Maricopa County Attorney's Office on Aug. 25 released an initial complaint against two former officers accused of beating and repeatedly using a stun gun on a couple during an Aug. 5 traffic stop.
The complaint lists new and slightly different charges against Luis Vasquez Jr. and Antonio Felix than were listed in initial arrest documents.
Vasquez and Felix, who were arrested and fired Aug. 22, each were booked into jail on two counts of aggravated assault and one count of kidnapping, hindering prosecution, tampering with evidence and making threats, in connection with the violent late-night encounter in south Phoenix, according to documents.
Prosecutors added a second kidnapping charge against the former officers along with a third, more serious
aggravated assault charge that's a Class 3 felony, according to the complaint. Both officers still face two Class 6 aggravated assault charges. A misdemeanor criminal damage charge was added against Vasquez.
The hindering prosecution charge was revised to conspiracy to hinder prosecution but remained a Class 5 felony.
Class 1 felonies are the most serious, and Class 6 are the least serious.
The initial complaint doesn't contain many new details about the incident beyond the new and modified charges.
A grand jury likely will deliberate whether to indict the officers on the charges listed in the initial complaint. It was not immediately clear when those deliberations would take place. Grand jury proceedings are typically confidential.
A Tempe police report first shed light on the incident. More details surfaced after Phoenix police opened a criminal investigation.
Vasquez and Felix were released from jail after posting bond on Aug. 23 and Aug. 24, respectively. A Maricopa County commissioner ordered they both be held on a $100,000 secured appearance bond, meaning they could use a bail bondsman to post bail for what’s typically a 10% fee.
Both officers face significant prison time if convicted at trial and would likely lose their Arizona peace officer certification and possibly even their pensions, according to Deputy County Attorney Tom Van Dorn.
Investigators interviewed Vasquez and Felix before their arrest and firing. Here’s what they found, according to the police probable cause statement submitted to the court.
Former officers recount violent traffic stop to investigators
On Aug. 5, the officers followed a Dodge Charger and later told investigators they believed the driver was intoxicated.
The officers ran the Charger’s Arizona license plate after stopping the couple around 11:30 p.m. near Broadway Road and 17th Avenue.
Vasquez told detectives the plate was not listed as stolen but was registered to an older woman who did not match the person driving the car, court documents said.
The officers used their Phoenix police Chevrolet Tahoe to strike the rear of the Charger after it stopped, court documents said.
Vasquez told investigators the officers identified themselves as police and ordered the driver and passenger out of the Charger. When they did not comply, he said, the officers told them they were under arrest, according to court documents.
The man who was driving the car refused to get out of the car, Vasquez told investigators.
Vasquez grabbed a partly lowered window while trying to open the door, bending it and breaking it when the driver pulled the door shut.
Vasquez punched the man several times with a closed fist in the head, face, eyes, nose and groin, investigators said.
Felix told investigators the encounter grew more tense and that the movements of the driver and passenger made him fear for his life and Vasquez's life.
Investigators said Felix put the passenger in an arm-control hold and threatened to break her arm before using a Taser on her right thigh and back and removing her from the Charger, according to court documents. He placed the passenger in handcuffs and placed her in the rear of the police Tahoe.
Felix then tased the driver in his right arm and rib area while Vasquez punched him as they tried to pull him from the Charger.
A forensic download of Felix’s department-issued Taser supported statements told to investigators and showed 29 drive-stun electrical discharges during the encounter, according to documents.
At one point, Vasquez drew his department-issued handgun, pointed it at the driver and warned the man that he would be shot if he did not get out of the Charger, court documents said.
The driver briefly got out but then got back in and drove away, documents said.
Vasquez and Felix removed the woman from the Tahoe, uncuffed her and left her along on the side of the road, the documents said.
The woman told investigators the officers warned that the driver was probably going to get shot and said they knew where she lived before leaving the area, according to documents. Vasquez acknowledged telling her that they knew where she lived, according to his statement to detectives.
Officers attempted to concealed incident, Phoenix police say
Neither officer activated their body cameras during the encounter, and investigators also found no incident report or required contact form. They found no radio, computer or supervisor notification documenting what happened, documents said.
Vasquez told investigators he stayed silent because he feared the consequences of numerous policy violations.
Vasquez also acknowledged returning to the area afterward to collect items left during the struggle.
Couple sought medical help following traffic stop
The driver had bruising around an eye and raised, swollen marks on his body, according to documents. He sought medical treatment at a hospital about four hours after the encounter, documents said. The couple still had visible burn marks about two weeks later, investigators said.
The couple photographed their injuries and gave the images to Tempe police. The photos showed burn marks on both people that were consistent with contact from a Taser 7, investigators said.
Tempe police interviewed the couple
When the man drove off, the car overheated and became disabled, and he abandoned it, according to the report. He walked from there to a relative's home in Guadalupe.
Some time later, Tempe police officers responded to a call about the disabled vehicle and contacted the registered owner to notify the person that the car was about to be towed and where it could be picked up.
The driver’s mother told police her son had permission to use the car and was likely visiting a family member in Guadalupe.
While on the phone, she answered the door to find her son's girlfriend standing before her.
The girlfriend sounded scared as she recounted the harrowing traffic stop with men who appeared to be Phoenix police officers, according to Tempe’s report.
Tempe police interviewed the man and woman about their experience before referring the case to Phoenix police.
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This article originally appeared on Arizona Republic: 2 former Phoenix officers face new charges in violent traffic stop
