Maricopa County Attorney Rachel Mitchell said she assigned a team with decades of experience to prosecute and hold accountable two former Phoenix police officers accused of a violent and unreported traffic stop during an Aug. 27 press conference.
"My commitment to the community is to ensure that every person, including those entrusted with enforcing the law, is held accountable when there is evidence of criminal conduct," Mitchell said.
Luis Vasquez Jr. and Antonio Felix were fired and arrested on Aug. 22 before being charged with multiple felonies in connection with the Aug. 5 traffic stop in south Phoenix. Investigators haven't identified a motive behind the stop, although Mitchell didn't believe that would be an issue.
"Fortunately, motive is
not an element of the crime that has to be proven in court," she said. "Is it something that a jury might wonder about, want to see? Of course. That's a possibility. But it's certainly not the first time we've had cases in this office where we don't really know exactly why somebody committed a criminal act. But we have been successful nonetheless."
The county attorney also remained confident that prosecutors had enough evidence to convict the former officers despite the lack of body-camera footage or other video evidence capturing the incident.
"Unfortunately, I'm old enough that I remember a lot of cases without video evidence," Mitchell said. "And they are still provable. You look at witness statements. You look at a lot of other information that's available. Without going into any detail on this case, it's certainly possible to prosecute a case without that."
Peace officer certifications suspended as former officers face multiple felonies
Prosecutors charged the two former officers with two counts of kidnapping, two counts of aggravated assault, conspiracy to hinder prosecution, evidence tampering and making threats. One of the two aggravated assault charges against Vasquez is a more a serious Class 3 felony. He is accused of pointing his department-issued handgun at the driver during the stop. He also faces one misdemeanor charge for criminal damage.
She noted that the criminal allegations against Vasquez and Felix were not representative of the Phoenix Police Department or the officers who continue to serve and protect the community.
The Arizona Peace Officer Standards and Training Board deactivated peace officer certifications for Vasquez and Felix as it opened a separate investigation. That could result in suspending or revoking their certifications, according to the former officers' certification records obtained by The Arizona Republic.
Vasquez and Felix would be unable to work as police officers at another agency without an active peace officer certification.
Prosecutors reviewing open and closed cases tied to former officers
Mitchell said she's asking prosecutors to evaluate ongoing cases Vasquez and Felix were involved in and how their involvement potentially impacts the case, along with disclosing their arrest to the defense in those respective cases.
She also requested her office's Prosecution Integrity Unit to review closed cases involving the former officers.
"I want to make sure these are people who potentially are witnesses in other cases, and I want to make sure that we've not only disclosed this information to the defense, but we've evaluated the case in a new light with this information," Mitchell said.
The county attorney wasn't sure how many cases the officers were tied to or whether many of them would lead to open cases being dismissed or closed cases reopened.
"I'm hopeful not, because obviously it impacts victims," Mitchell said. "But we will do what is right regardless. We'll see what happens."
Mitchell commends police chief, has no issue with Phoenix investigating itself
Mitchell dismissed any notion that an outside agency should investigate the former officers rather than Phoenix police. She commended Chief Matt Giordano for taking swift and decisive action.
"I have seen no evidence that they're doing anything but their utmost to investigate this case," she said of the Phoenix Police Department. "They're being diligent. They're dotting every I, crossing every T. Like I said, I've met with them. I am confident that they are conducting a thorough investigation."
Phoenix police were conducting a broader investigation into the South Mountain Precinct, where Vasquez and Felix were based, to determine whether their alleged misconduct was part of a systemic problem. The County Attorney's Office was not assisting with that, Mitchell said.
Reach the reporter Perry Vandell at perry.vandell@arizonarepublic.com or 480-341-9433.
This article originally appeared on Arizona Republic: County attorney promises to hold ex-officers in Phoenix accountable
