Tag Archives: Arizona

Third Illegal Alien lawsuit by ACLU against Sheriff Driscoll dismissed by Superior Court

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On June 13, 2019, Superior Court Judge Mark R. Moran dismissed Plaintiff Jose Montelongo-Morales’ class action lawsuit against Coconino County Sheriff James Driscoll and Coconino County Jail Commander Matt Figueroa. The Court found Plaintiff Montelongo-Morales lacked standing to bring the action. The dismissal of this lawsuit marks the third time Arizona courts have dismissed an action against Sheriff Driscoll and Commander Figueroa for honoring Department of Homeland Security/ICE detainers and warrants in order to cooperate with federal law enforcement authorities in their lawful enforcement of federal immigration law.

In the ACLU’s latest attempt to frustrate the lawful enforcement of federal law, Plaintiff Jose Montelongo-Morales sued Sheriff Driscoll and Commander Figueroa for supposedly unlawfully holding him pursuant to an Immigration Detainer and a Warrant for Removal/Detention. Subsequently, DHS/ICE withdrew the Immigration Detainer for Plaintiff Montelongo-Morales and, after posting bond, he was released from custody.

Sheriff Driscoll and Commander Figueroa filed a motion to dismiss Montelongo-Morales’ lawsuit because he lacked standing to bring the action. The Honorable Mark R. Moran, Judge of the Superior Court of the State of Arizona, ruled as follows:

In the present case, the Plaintiff lacks standing to bring this action. ICE had removed the detainer at the time he posted bond and left the jail. Thus, he was no longer subject to the very policy he asked this Court to declare as unconstitutional. Plaintiff has not suffered ‘a distinct and palpable injury’ that this Court can redress. He no longer has a direct stake in the outcome of the controversy. In short, Plaintiff does not satisfy the basic standing requirement of being a true adversary for the life of this litigation.

Based on the above ruling by the Court, Judge Moran granted Sheriff Driscoll and Commander Figueroa’s Motion to Dismiss Montelongo-Morales’ lawsuit.

The dismissal of Montelongo-Morales’ lawsuit is not the first time there has been an unsuccessful attempt to prevent the Coconino County Sheriff’s Office from cooperating with the Department of Homeland Security. Earlier this year, the Honorable Fannie Steinlage, another judge in the Superior Court of the State of Arizona, denied another inmate’s application for a Temporary Restraining Order requesting that Sheriff Driscoll be ordered to refrain from cooperating with ICE. Judge Steinlage ruled that Jesus Quiroz-Villalobos did not establish a likelihood of success on the merits of his case. That case was then voluntarily dismissed by Quiroz-Villalobos on April 24, 2019.

Nearly one year ago, on July 6, 2018, United States District Court Judge David Campbell denied Plaintiff Guillermo Tenorio-Serrano’s Motion for a Preliminary Injunction challenging Sheriff Driscoll’s policy of holding persons in State custody for up to 48 additional hours, as requested in ICE detainers and warrants. Judge Campbell ruled that he could not conclude Plaintiff Tenorio-Serrano was likely to succeed on his claims. Judge Campbell also ruled that Sheriff Driscoll would face serious hardship if the Court ordered him to refrain from complying with ICE detainers. He noted the injunction would interfere with the Sheriff’s judgment as an elected official, would interfere with the Arizona legislature’s policy determination in S.B. 1070 that Arizona should cooperate with federal immigration enforcement, and may also interfere with the State of Arizona’s interest in preventing unlawful immigration, as recognized by the United States Supreme Court.

Sheriff Driscoll and the Coconino County Sheriff’s Office will continue to cooperate with the Department of Homeland Security/ICE in its lawful attempt to enforce federal immigration law. Sheriff Driscoll recognizes and strongly supports the rule of law and will make every effort to enforce the law and protect the community.

Drivers should plan for ramp closures on Interstate 40 in Williams through June

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WILLIAMS – Northern Arizona drivers on Interstate 40 west of Flagstaff should plan for travel delays due to construction work between Parks and Williams. Crews have scheduled ramp closures and lane closures while a new layer of asphalt pavement is placed on 17 miles of east- and westbound I-40 between Parks and Williams this summer. The project also includes a final layer of asphalt, known as friction course, to further improve the roadway surface, and installation of guardrail, striping and signage. The project is scheduled for completion in late 2019.

The Arizona Department of Transportation advises drivers to plan for travel delays while the following ramp closures are in place:

  • Friday, June 7 through Wednesday, June 12: Grand Canyon Boulevard
    • The westbound I-40 on-ramp at Grand Canyon Boulevard (exit 163) will be closed around-the-clock Friday, June 7, through Wednesday, June 12. DETOUR: Traffic accessing westbound I-40 will use westbound historic Route 66 and enter westbound I-40 at Country Club Boulevard (exit 161).
  • Monday, June 10: Parks
    • The westbound I-40 on-ramp at Parks (Exit 178) will be closed from 6 a.m. to 6 p.m. Monday, June 10. DETOUR: Traffic from Parks accessing westbound I-40 will take eastbound I-40 to Bellemont (Exit 185) and re-enter westbound I-40 toward their destination.
  • Wednesday, June 12: Grand Canyon Boulevard and Parks
    • The westbound I-40 on- and off-ramps at Grand Canyon Boulevard (Exit 163) will be closed from 6 a.m. to 6 p.m. Wednesday, June 12. DETOUR: Traffic accessing westbound I-40 will use westbound historic Route 66 and enter westbound I-40 at Country Club Boulevard (exit 161). Westbound I-40 traffic accessing Williams will exit at Country Club Boulevard (Exit 161) and enter eastbound I-40 to exit at Grand Canyon Boulevard.
    • The eastbound I-40 on- and off-ramps at Parks (Exit 178) will be closed from 6 a.m. to 6 p.m. Wednesday, June 12. DETOUR: Traffic from Parks accessing eastbound I-40 will travel westbound I-40 to Pittman Valley Road (Exit 171) and re-enter eastbound I-40 toward their destination. Westbound I-40 traffic accessing Parks will continue to Pittman Valley Road (Exit 171) and re-enter eastbound I-40 to Parks.
  • Thursday, June 13: Parks
    • The westbound I-40 on- and off-ramp at Parks (Exit 178) will be closed from 6 a.m. to 6 p.m. Thursday, June 13. DETOUR: Traffic from Parks accessing westbound I-40 will take eastbound I-40 to Bellemont (Exit 185) and re-enter westbound I-40 toward their destination. Westbound I-40 traffic accessing Parks will continue to Pittman Valley Road (Exit 171) and re-enter eastbound I-40 to Parks.
    • The eastbound I-40 on- and off-ramps at Grand Canyon Boulevard (Exit 163) will be closed from 6 a.m. to 6 p.m. Thursday, June 13. DETOUR: Traffic from Williams accessing eastbound I-40 will travel westbound to Country Club Boulevard (Exit 161) and enter eastbound I-40 toward their destination. Eastbound I-40 traffic accessing Grand Canyon Boulevard will continue to Williams (Exit 165) to re-enter westbound I-40 to Grand Canyon Boulevard.
  • Friday, June 14: Pittman Valley Road and Garland Prairie Road. These ramps will NOT be closed at the same time.
    • The eastbound on- and off-ramps at Pittman Valley Road (Exit 171) will be closed from 6 a.m. to noon Friday, June 14. DETOUR: Traffic accessing eastbound I-40 will take westbound I-40 to Garland Prairie Road (Exit 167) and re-enter eastbound I-40 to their destination. Eastbound I-40 traffic accessing Pittman Valley Road will continue to Parks (Exit 178) and re-enter westbound I-40 to Pittman Valley Road.
    • The eastbound on- and off-ramps at Garland Prairie Road (Exit 167) will be closed from noon to 7 p.m. Friday, June 14. DETOUR: Traffic accessing eastbound I-40 will take westbound I-40 to Williams (Exit 165) and re-enter eastbound I-40 toward their destination. Eastbound I-40 traffic accessing Garland Prairie Road will continue to Pittman Valley Road (Exit 171) and re-enter westbound I-40 to
  • Monday, June 17: SR 64
    • The eastbound on- and off-ramps at SR 64 (Exit 165) will be closed from 6 a.m. to 6 p.m. Monday, June 17. DETOUR: Traffic accessing eastbound I-40 will travel westbound I-40 to Grand Canyon Boulevard (Exit 163) and re-enter eastbound I-40 to SR 64. Eastbound I-40 traffic accessing SR 64 will continue eastbound to Garland Prairie Road (Exit 167) and re-enter westbound I-40 to SR 64.
  • Tuesday, June 18: SR 64
    • The westbound on- and off-ramps at SR 64 (Exit 165) will be closed from 6 a.m. to 6 p.m. Tuesday, June 18. DETOUR: Traffic accessing westbound I-40 will travel eastbound I-40 to Garland Prairie Road (167) and re-enter westbound I-40 toward their destination. Westbound I-40 traffic accessing SR 64 will continue to Grand Canyon Boulevard (Exit 163) and re-enter eastbound I-40 to SR 64.
  • Thursday, June 20: Grand Canyon Boulevard. The on- and off-ramps will not be closed at the same time.
    • The westbound I-40 on- off-ramps at Grand Canyon Boulevard (Exit 163) will be closed from noon to 6 p.m. Thursday, June 20. DETOUR: Traffic accessing westbound I-40 will travel eastbound I-40 to SR 64 (Exit 165) and re-enter eastbound I-40 to Grand Canyon Boulevard. Westbound I-40 traffic accessing Williams will exit at Country Club Boulevard (Exit 161) and enter eastbound I-40 to exit at Grand Canyon Boulevard.

The Arizona Department of Transportation advises drivers to plan for travel delays while these ramp restrictions are in place.

Learn more about this project on the project site.

 

Traffic Alert: Lane closures on Interstate 40 and Beulah Boulevard in Flagstaff scheduled to begin this week

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FLAGSTAFF – The Arizona Department of Transportation advises drivers in Flagstaff to allow extra travel time and plan for lane closures on east- and westbound I-40 at I-17 and north- and southbound Beulah Boulevard under I-40 while crews complete bridge deck replacement work on four bridges.

Drivers should prepare for delays while the following restrictions are in place weekdays between 6 a.m. and 6 p.m.:

  • Beulah Boulevard will be narrowed to one lane in each direction Monday, June 3, through Friday, June 21.
  • I-40 will be narrowed to one lane in each direction Monday, June 10, through Friday, June 28.

No weekend work is scheduled.

These closures are necessary for crews to finalize work including paving, seeding for natural vegetation, pavement marking and striping.

Drivers should allow extra travel time, proceed through the work zone with caution and watch for construction personnel and equipment.

Ramp closures on Interstate 40 in Williams set for next week

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WILLIAMS – Northern Arizona drivers on Interstate 40 west of Flagstaff should plan for travel delays due to construction work between Parks and Williams. Crews have scheduled ramp closures and lane closures while a new layer of asphalt pavement is placed on 17 miles of east- and westbound I-40 between Parks and Williams this summer. The project also includes a final layer of asphalt, known as friction course, to further improve the roadway surface, and installation of guardrail, striping and signage. The project is scheduled for completion in late 2019.

The Arizona Department of Transportation advises drivers to plan for travel delays while these ramp closures are in place:

  • The westbound I-40 on-ramp at Grand Canyon Boulevard (exit 163) will be closed Monday, June 3, through Tuesday, June 11. DETOUR: Westbound I-40 traffic accessing Williams will exit at Country Club Boulevard (Exit 161) and enter eastbound I-40 to exit at Grand Canyon Boulevard.
  • The westbound I-40 on-ramp at Parks (Exit 178) will be closed from 6 a.m. to 6 p.m. Wednesday, June 5. DETOUR: Traffic from Parks accessing westbound I-40 will take eastbound I-40 to Bellemont (Exit 185) and re-enter westbound I-40 toward their destination.
  • The eastbound I-40 on-ramp at Parks (Exit 178) will be closed from 6 a.m. to 6 p.m. Thursday, June 6. DETOUR: Traffic from Parks accessing eastbound I-40 will travel westbound I-40 to Pittman Valley Road (Exit 171) and re-enter eastbound I-40 toward their destination.
  • The westbound I-40 off-ramp at Parks (Exit 178) will also be closed from 6 a.m. to 6 p.m. Thursday, June 6. DETOUR: Westbound I-40 traffic accessing Parks will continue to Pittman Valley Road (Exit 171) and re-enter eastbound I-40 to Parks.
  • The westbound off-ramp at SR 64 (Exit 165) will be closed from 6 a.m. to 6 p.m. Friday, June 7. DETOUR: Westbound I-40 traffic accessing SR 64 will continue to Grand Canyon Boulevard (Exit 163) and re-enter eastbound I-40 to SR 64.

Plan for SR 89A-Fain Road lane closures beginning Monday, June 3

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The Arizona Department of Transportation advises motorists to plan ahead and allow extra travel time for pavement repair along State Route 89A-Fain Road next week. The work will occur from 7 a.m. to 5 p.m. Monday, June 3, and Tuesday, June 4, on north- and southbound State Route 89A-Fain Road between the junction with SR 69 (milepost 331) and the junction with SR 89A-Robert Road (milepost 324).

Paving scheduled Monday, June 3, will require the following closures:

  • Northbound Fain Road will be narrowed to one lane (right lane closed)
  • Southbound Fain Road will be narrowed to one lane (left lane closed)

Paving scheduled Tuesday, June 4, will require the following closures:

  • Northbound Fain Road will be narrowed to one lane (left lane closed)
  • Southbound Fain Road will be narrowed to one lane (right lane closed)

The restrictions are necessary so ADOT crews can do fog-seal work, which helps to protect and extend the life of the highway pavement.

Drivers should proceed through the work zone with caution, slow down and watch for construction personnel and equipment.

Daytime lane closures on State Route 89A near Jerome scheduled to begin June 5

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The Arizona Department of Transportation advises drivers to plan for lane closures on north- and southbound State Route 89A between the town of Jerome (milepost 344) and Old Fain Road (milepost 330) while a pavement-repair project is underway. Drivers could experience delays up to 30 minutes while SR 89A is reduced to one lane only.

Work is scheduled from 7 a.m. to 5 p.m. Wednesday, June 5, and Thursday, June 6.

Flaggers and a pilot car will direct drivers through the work zone.

The restrictions are necessary so ADOT crews can do fog-seal work, which helps to protect and extend the life of the highway pavement.

Drivers should proceed through the work zone with caution, slow down and watch for construction personnel and equipment.

Suspects arrested for aggravated assault and weapons violation in Tusayan

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TUSAYAN – On May 27 at about 3:57 p.m. the Coconino County Sheriff’s Office received a report of a male subject pointing a gun at people inside and outside of the Squire Inn in Tusayan. Further reports indicated several shots had been fired outside of the hotel with no injuries reported.

Deputies from the Sheriff’s Office, Department of Public Safety Helicopter, Department of Public Safety Officer’s and Park Rangers from the Grand Canyon Nation Parks Service responded to the scene. During the investigation the male subject was identified as 23-year-old Ezekiel VALENZUELA and female subject identified as 20-year-old Reyna MUNOZ.

Upon responding to the Squire Inn, deputies spoke with witnesses on scene who described a male and female subject in the arcade engaged in an altercation. Bystanders attempted to intervene to stop the altercation when the male subject pulled a hand gun from his waist and pointed it at patrons.

Both subjects exited the Squire Inn and began walking towards a forested area to the west of the hotel. The male subject again pointed the gun at an employee in the parking lot as the two were walking from the area.

Both subjects were found to work at the Wendy’s in Tusayan and reside in local housing. Deputies, DPS and National Parks Service Rangers were able to locate the subjects at a residence in the area and detained both subjects without incident.

Upon interviewing the subjects, MUNOZ reported she had been the one who had discharged the gun after taking it from VALENZUELA. MUNOZ reported she had not discharged the gun at anyone.

A search warrant was obtained for the residence, where deputies located the firearm and the clothing they had been wearing at the time of the incident as indicated by video surveillance.

Both subjects were transported to the Coconino County Jail in Flagstaff and booked on multiple charges including Aggravated Assault, Disorderly Conducted with a Deadly Weapon, Endangerment and False Information to Law Enforcement.

Coconino County Offices closed in honor of Memorial Day

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FLAGSTAFF — All Coconino County administrative offices will be closed Monday, May 27, 2019 in honor of Memorial Day.

While the administrative offices at the Sheriff’s Office will be closed on Monday, May 27, Dispatch, Patrol and Detention will be operating under normal schedules. Records will be open from 8 a.m. – 4 p.m. May 27. Please dial 9-1-1 for emergencies. For non-emergencies, dial 928-774-4523 to connect with the non-emergency Dispatch number or to leave a message for one of the administrative offices.

Coconino County’s parks and natural areas will remain open Monday, May 27, but administrative offices at Fort Tuthill County Park will be closed and limited staff or services will be available. Coconino County parks and natural areas’ trails, ramadas, picnic areas and watchable wildlife sites/viewing platforms are open. Fort Tuthill Campground and Flagstaff Extreme Adventure Course will remain open.

Coconino County Public Health Services District (CCPHSD) Animal Management will have an officer available from 7 a.m. – 5 p.m. Monday, May 27. Contact the CCPHSD Animal Management office at 928-679-8756 and leave a message and an officer will respond. Call 9-1-1 for emergencies.

Apply online now for 2019 fall hunts

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PHOENIX — Attention, procrastinators:

There’s not a better time than right now to apply online for 2019 hunt permit-tags issued through the draw process for deer, fall turkey, fall javelina, bighorn sheep, fall bison and sandhill crane.

All online applications must be received by the Arizona Game and Fish Department (AZGFD) no later than 11:59 p.m. (Arizona time) Tuesday, June 11.

To apply online, visit www.azgfd.gov/draw. As a reminder, applicants must possess a valid Arizona hunting license to apply online for a hunt permit-tag. That license must be valid on the last day of the online application period (June 11). Licenses are available online and at department offices and license dealers statewide.

A few helpful hints to keep in mind when filling out an online application:
  • An applicant is not required to have an AZGFD portal account, or be logged into that portal account, to apply online.
  • Be sure to check the three boxes under “Draw Checklist” and acknowledge the security feature on the first page of the draw site before continuing to the application.
  • Customer service representatives are available by phone from 8 a.m. to 5 p.m. Monday through Friday (except holidays).
Applicants will find everything needed to apply for a hunt on the department’s website:
AZGFD encourages applicants to consider adding “PointGuard” when applying online for a hunt permit-tag. PointGuard ensures if a successful applicant is unable to participate in a hunt for any reason, the accumulated bonus points that were expended to draw that hunt permit-tag will be reinstated.
All online applicants must sign up for a free AZGFD portal account to purchase PointGuard (visit https://accounts.azgfd.com/Account/Register). PointGuard is $5 per species, per applicant, purchased at the time of completing the online application or through June 27, which also is the deadline to update credit card or debit card information. For more information about PointGuard, visit https://www.azgfd.com/hunting/pointguard.
AZGFD encourages all hunters to open a free portal account. The portal allows customers to create a secure account where they can manage and view their contact information, as well as their license and draw results history and bonus points, in their personal “My AZGFD Dashboard” section. A portal account is a mobile-friendly, convenient way to access the online license purchase and hunt draw application systems.
For questions about opening a portal account, call the department at (602) 942-3000 and press “7.”

AZGFD to participate in multi-agency OUI checkpoint on Colorado River

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KINGMAN — The Arizona Game and Fish Department (AZGFD) will participate in a multi-agency enforcement patrol May 31-June 2 on the Colorado River, pursuing those who are operating their boats and other watercraft while under the influence (OUI) of drugs or alcohol.

AZGFD, together with the Nevada Department of Wildlife and the National Park Service, will be enforcing Arizona’s OUI legal limit of a .08 blood-alcohol content.

Throughout the weekend, boaters may be required to pass through a checkpoint and be subject to a systematic safety inspection. Operators will be checked for any sign of impairment from alcohol or drugs, and to ensure the required safety equipment, such as proper life jackets and working fire extinguishers, are aboard.

“The responsibility for boating safety among watercraft users is critically important,” said Brandon Carley, law enforcement supervisor for the department’s regional office in Kingman. “The area is growing quickly, and we share these waterways with California and Nevada. It’s becoming very congested, which lends itself to more potential hazards.”

Carley advises boaters and watercraft users should review all regulations prior to launching. That includes having a U.S. Coast Guard-approved life jacket for every person on board and making sure that anyone 12 and under is wearing one at all times. Boats also must be equipped with a fire extinguisher and a Type IV throwable personal flotation device (PFD).

For more information on boating in Arizona, or to sign up for a free safety course, visit www.azgfd.gov/boating.