Tag Archives: Coconino County Sheriff

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.

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 Sheriff’s Office Deputies involved in fatal shooting

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FLAGSTAFF – At approximately 1:13 AM Deputies with the Coconino County Sheriff’s Office were involved in an armed confrontation leading to an Officer-Involved fatal shooting south of Parks on County Road 141.

Coconino County Sheriff’s Deputies out of the Williams Substation were called to the Pine Aire neighborhood near Parks, AZ, after receiving a report of domestic violence. The reporting party had called the Coconino County Sheriff’s Office Williams Substation to report that her ex-husband had pulled a gun on her while at their residence during an argument. The reporting party told Deputies that he had fled the house in a white passenger car. Deputies immediately began responding to the residence. While in route to the house, Deputies came across a vehicle matching the description given by the reporting party parked along side of County Road 141, approximately 4 miles from the residence.

Upon contact with the vehicle, the occupant immediately exited with a handgun in his hand. Despite multiple commands to drop the gun the suspect continued to advance on the deputies with the gun in his hand, prompting one Deputy to discharge rounds from his patrol rifle. The suspect was hit by at least one round and fell to the ground. Deputies on scene attempted to render aid to the suspect but he sustained fatal injuries during the altercation.

The suspect was identified as Paul Mcvicker, a 43-year-old Parks resident, was later pronounced deceased on scene. This incident is currently under investigation by the Northern Arizona Officer Involved Shooting Team, with the Flagstaff Police Department taking the lead.

The investigation is ongoing, and updates will be provided as further information is available.
The Deputies involved in the incident were not injured. The deceased was transported to the Coconino County Medical Examiner Office for further investigation.

Public Notice of First Responder Exercise at Cromer School

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FLAGSTAFF – On April 24, 2019 the Coconino County Sheriff’s Office will be conducting a Critical Incident Response Drill at Cromer School in the Doney Park area. The drill will occur between 5 pm to 9 pm and will involve personnel from Coconino County Sheriff’s Office and Summit Fire District.

We want residents to be aware that this training will result in increased police and fire activity in the area. The training will be a reality-based exercise to provide first responders an opportunity to practice integrated response to critical incidents.

The Sheriff’s Office would like to thank Cromer School for providing the venue for this training.

Arrest Made in Blue Ridge Homicide

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Patrick D. Nagal, booking photo – CCSO

HAPPY JACK – On March 30 around 3:30 p.m., the Sheriff’s Office responded to a report of a partially decomposed body at Bly Pit in the Blue Ridge area.

Detectives were able to make a preliminary identification of the victim as 37-year-old Tika Young of Happy Jack, Arizona. The ID is still pending by the Coconino County Medical Examiner’s office.

With the preliminary identification, CCSO detectives served a search warrant at a residence in the community where they discovered evidence of a crime. During the search, they identified a person of interest. The person of interest was Patrick D. Nagel, 62-years-old of Happy Jack.

Nagal was brought into the Sheriff’s Office for questioning. During an interview with Detectives, the person admitted to striking the victim several times while the victim was lying in bed. The subject then moved the victim and concealed her in the area identified as Bly Pit where her body was subsequently found.

Nagel was arrested and booked into the Coconino County Jail for First Degree Homicide, Aggravated Assault with a Deadly Weapon, Tampering with Physical Evidence, Abandonment/Concealment of a Dead Body, and Consuming Liquor While Operating a Vehicle.

Body Found at Bly Pit in Blue Ridge

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HAPPY JACK, Arizona – On Saturday, March 30, 2019 around 3:30 pm, the Sheriff’s Office responded to a report of a deceased body found at Bly Pit in the Blue Ridge area. Investigators responded to the scene and located the body of a female. The body had undergone some decomposition. There was no identification on the deceased person and Detectives and the Medical Examiner’s Office are working to identify the deceased. The death is being investigated as a homicide. There is no further information being released at this time.

Investigation of Homicide in Doney Park

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FLAGSTAFF – Sheriff’s deputies respond to a domestic violence call at about 7 a.m. yesterday. A reporting party notified the Sheriff’s department that a male fled the scene.

The deputies found 35-year-old Crystal L. Morgan of Doney Park on the scene with several stab wounds. Medical assistance was summoned and she was pronounced dead on the scene.

Deputies sought 38-year-old Timothy M. Duran, Morgan’s ex-husband. The Sheriff’s department received information that the vehicle of the suspect was headed southbound on I-17. The Yavapai County Sheriff’s Office and Arizona Department of Public Safety assisted Coconino in stopping the vehicle on the I-17 at about 9:30.

Duran was booked into into the Coconino County Detention Facility on charges of First-Degree Homicide and Aggravated Assault with a Deadly Weapon.

Crystal Morgan was transported to the Coconino County Medical Examiner’s Office which will conduct an autopsy and further investigation to determine cause of death. The investigation is on-going.

Recent SAR Operation Locates One Alive and One Deceased

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BLUE RIDGE, AZ – The Coconino County Sheriff’s Office recently conducted a search and rescue operation over a five-day period for two lost persons east of the Hutch Mountain area. One person was located alive (a 35-year-old female of Winslow, AZ), and the other person was located deceased (38-year-old Ryan Long of Leupp, AZ).

On Thursday, March 7 the Sheriff’s Office received a 911 call from a female who was only gave her name before the call disconnected. The 911 call center was unable to get any location information from the dropped call or determine what the caller was trying to report. Later, the 911 center received a call from the mother of the initial caller, who was able to provide more information.

The mother’s call came in around 5:30 pm on March 7. The woman requested assistance in locating her lost daughter and male friend. The mother explained she received a call from her daughter around 11:00 am that morning. The only information provided by the daughter was that she and her friend (Ryan Long) left Meteor Crater that morning and the vehicle they were driving had become stuck and disabled. The daughter told her mother she could see a “lake” and requested her mother pick them up. The mother drove to the Lake Mary and Mormon Lake area south of Flagstaff to look for her daughter, and she called the Sheriff’s Office after she could not find them. The mother was not certain her daughter and friend were in the Lake Mary area but had driven there based off the statement her daughter made about seeing a lake.

A Sheriff’s Deputy called Ryan Long’s cell phone and spoke with him to try to get additional information about their location and situation. Long was uncooperative, providing little information and hung up on the deputy. The Sheriff’s Office made repeated attempts to re-contact the missing people on their cell phone, but the cell phone had been turned off. Through the investigation, deputies learned that Long may have a dislike of law enforcement.

A Sheriff’s Search and Rescue Coordinator contacted Long’s cellular provider in an attempt to determine the location of Long and the female who were reported missing. Search and Rescue initially received two possible locations of cell towers the phone had accessed, one was a tower near Strawberry, AZ and the other was a tower in the Blue Ridge area off State Route 87. The cell tower information was inconsistent with other information gathered and did not help in narrowing the search area. No search operations were conducted that night.

On Friday, March 8 the Sheriff’s Office Search and Rescue Coordinator continued the investigation with the cellular provider and families of the two missing persons. Deputies searched the roads that were accessible south and east of Meteor Crater, but did not locate the woman, Long or their vehicle. Deputies received information that Long believed he may have an arrest warrant and would likely avoid law enforcement.

New information from the cellular provider about the last activity from Long’s cell phone was obtained. The information still had many inconsistencies showing possible locations ranging from the top of the Mogollon Rim to south of Mormon Lake. However, some of the new location information showed consistency in cell phone activity in and around an area known as “Bargaman Park” near Happy Jack, AZ. This area is approximately 15 miles south of Mormon Lake and on the east side of Lake Mary Road.

The Sheriff’s Office coordinated search and rescue efforts and received assistance from several other agencies. Deputies and a fire crew from the Coconino National Forest Mogollon Ranger District responded to the area of Bargaman Park and began a search of the roads. Search efforts were severely hindered by deep snow, extremely muddy conditions, and an incoming storm that was producing intermittent precipitation and a heavy, low cloud ceiling. Travel in the area could only be accomplished using vehicles outfitted with specialty tracks. The storm and cloud cover prevented the use of a helicopter or airplane.

Around 3:00 pm, the Coconino National Forest crew located the lost female alive and suffering mild hypothermia. She was found on a forest road about 4.6 miles north of Bargaman Park. She was transported out of the forest to Lake Mary Road by a tracked vehicle. A ground ambulance then transported her to Flagstaff Medical Center where she was treated and released. The rescued woman was unfamiliar with the area and not able to provide much information about the route she and Long had travelled.

Throughout the day, Search and Rescue was in communication with the National Weather Service (NWS) staff in Bellemont. On Friday afternoon, searchers received word from the NWS that there was an expected break in the cloud cover that might allow for a flight over the area. The Arizona Department Public Safety helicopter from the Central Air Rescue Unit based in Phoenix, AZ was able to respond and conducted about 40 minutes of searching by air before the storm forced them out of the area. Neither Long or his vehicle were located at that time.

The search was continued on Saturday, March 9 by teams on the ground supported by air operations. Arizona Game and Fish Department had a fixed-wing flight scheduled that day and assisted by flying the area. Neither Long or the vehicle were located at that time.

The search was continued on Sunday, March 10 by teams on the ground supported by air operations. The Department of Public Safety helicopter from Central Air Rescue Unit based in Phoenix searched by air. The air rescue team located Long’s truck stuck in the mud on a closed forest road approximately 4.8 miles north east of Bargaman Park and approximately 3.6 miles east of where the other missing person had been found. Searchers were unable to locate Long.

The search was continued on Monday March 11, 2019. The ground search was again aided by the DPS Northern Air Rescue Unit. Due to impassible conditions on the ground, ground searchers were transported by helicopter to the location of Long’s truck to search by foot.

Sheriff’s deputies and Search and Rescue volunteers located Long’s tracks in the intermittent snow patches south east of where the woman had been located on Friday. Searchers were able to track Long and found him deceased around 2:15 pm. His body was found about two miles south east of where the woman had been rescued. Evidence of Long’s foot prints indicated he had tried to avoid being tracked by staying off snow and the roads. His body was found approximately 30 yards off a two-track forest road. Deputies believed the two had traveled south from Meteor Crater, through the Chavez Pass area, then west on closed forest roads to the location they became stuck several miles east of Hutch Mountain.

There are no signs of foul play and it appears Long may have died of exposure. Deputies and detectives are continuing the investigation. The Coconino County Medical Examiner’s Office is conducting an autopsy to determine the cause of death.

This was a multi-day extended search conducted with the assistance of several agencies. Although the outcome was tragic in the loss of one life, one person was saved. The Sheriff’s Office would like to thank the Coconino National Forest Fire Crew, the Arizona Department of Public Safety Air Rescue Units and the National Weather Service for their support and participation in this search effort.

Sheriff’s Office Search and Rescue Snow cat Utilized in Medical Emergency

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FOREST LAKES – Coconino County Sheriff’s Office Snow Cat and Search and Rescue volunteers were utilized to transport a patient from Young, AZ to waiting ambulance to a hospital in Payson, AZ.

The Coconino County Sheriff’s Office had deployed and pre-positioned a Snow Cat with a Search and Rescue crew to Forest Lakes in preparation for the heavy snow fall. The crew and machine were in place to respond to and support the communities of Forest Lakes and Heber in Navajo County.

The Coconino County Sheriff’s Office coordinated with the Forest Lakes Fire Department over deployment of the Snow Cat. Forest Lakes Fire would support the operation with housing the crew and placing paramedics on the snow cat. Forest Lakes Fire had coordinated with surrounding Fire Departments and ambulance companies of the added resource of the snow cat.

Around 8:00 PM the Pleasant Valley Fire Department and Life Line Ambulance responded to a diabetic emergency in Young, AZ. Life Line Ambulance, knowing they could not make it to the call due to impassable roads, contacted Forest Lakes Fire requesting the snow cat response. The search and rescue crew with Forest Lakes Fire paramedics responded near Young.

The Snow Cat and crew traveled approximately 12 miles towards Young during heavy snow fall with visibility down to 10 feet. They arrived at the patient shortly after 10:00 PM where Pleasant Valley Fire transferred the patient to the Snow Cat and paramedics.

The crew traveled the 12 miles back to State Route 260, then transported the patient another 6 miles to ColCourd Camp Ground in Gila County (between Forest Lakes and Payson) and transferred the patient to Life Line Ambulance. Life Line was able to transport the patient to a hospital in Payson.

The Forest Lakes Fire Department, Pleasant Valley Fire Department, Life Line Ambulance, United States Forest Service Law Enforcement, Gila County Sheriff’s Office and the Coconino County Sheriff’s Office deputy and Search and Rescue volunteers were involved in this operation

The Sheriff’s Office would like to thank all the agencies for their pre-planning, communication, coordination and participation in making this operation and response a success.

Recent Snow Related Rescues – Reminder for Winter Recreation and Travel Preparedness

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FLAGSTAFF – CCSO Photo

– On February 17 at approximately 2:00 pm the Coconino County Sheriff’s Office received a report of an adult skier and an adult snowboarder, both from the Phoenix area, who were lost outside of the Arizona Snowbowl Ski Area boundary. An approximate location was determined from their 911 call which indicated that they were east of Viet Springs at the top of a cliff. Two deputy sheriffs and the Search and Rescue Unit responded to the call and hiked into the pair’s location. Once on scene the skier and snowboarder were provided with some water and snowshoes and then escorted out to the Viet Springs trail head on Snowbowl Road. Neither the skier nor the snowboarder was prepared for conditions outside of the ski area boundary. The area was under a winter storm warning at the time of the incident which made the conditions potentially more hazardous for both the subjects of the search mission and the rescuers. The pair was reunited with family members on Snowbowl Road.

Skiers and snowboarders who plan to exit the ski area and ski or ride in the backcountry are required to have a free Kachina Peaks Winter Backcountry Permit issued by the US Forest Service at their offices or at the Agassiz Lodge Bar on weekend days. Backcountry users need to be aware that the backcountry is not regularly patrolled, and no avalanche mitigation is conducted outside of the ski area boundary. All winter backcountry users should carry equipment for backcountry travel including food, water, navigation equipment, headlamp, emergency shelter material, extra warm clothing, first aid kit, knife or multitool, fire starting kit or backpacking stove, and whistle for signaling. If traveling in avalanche terrain an avalanche transceiver, a backcountry shovel, and an avalanche probe should be carried. A trip itinerary detailing the travel plans should be left with a trusted person.

With the upcoming winter storm, skiers and snowboarders will be tempted to exit the ski area boundary to ski or ride in the backcountry. A large amount of snow over a short period of time presents a potential avalanche hazard. It is best to wait at least a day or two after a heavy winter storm before entering the backcountry. Skiers and riders who plan to enter the backcountry should have avalanche education which can be obtained through the Kachina Peaks Avalanche Center (www.kachinapeaks.org). Additionally, the Kachina Peaks Avalanche Center publishes weekly Snowpack Summaries which discuss the snowpack on the peaks and potential hazards for backcountry travel.

After completing the mission near the Snowbowl, Search and Rescue responded to the Skinner Ridge area east of Tusayan to rescue two stranded motorists and a dog. The motorists, from Minnesota, had been following their vehicle GPS from the Tusayan area to Cameron and the GPS indicated that they should take Forest Road 302 and Forest Road 301A. The forest roads were snow covered and snow removal is not conducted on those roads. As they traveled they slid off of the road and became stuck and unable to free the vehicle. Due to the winter storm affecting the area, conventional vehicles could not access the area. Search and Rescue responded to the location using two tracked vehicles. The motorists and their dog were provided with transportation to Tusayan where they obtained a hotel room.

The Search and Rescue Unit would like to remind motorists to not blindly trust vehicle GPS or smartphone mapping tools when traveling. It is important to pay attention to road signs and road conditions to determine if the route suggested is a practical one. In many cases, especially in the winter, the GPS and smartphone apps do not take into account the weather or road maintenance and many motorists following those apps become lost or stranded due to the conditions.