Tag Archives: Flagstaff

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.

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.

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.

AZGFD seeks to improve road leading to Northern Arizona Shooting Range

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-AZGF Photo

PHOENIX — The Flagstaff Ranger District of the Coconino National Forest is considering a proposal by the Arizona Game and Fish Department to improve, operate and maintain a portion of Forest Service road 128A, which provides access to the Northern Arizona Shooting Range near Flagstaff.

The goal is to improve a half-mile stretch of 128A and provide a simple road structure of adequate strength to support increases to vehicle traffic, while also providing drainage as necessary to prevent unacceptable environmental damage.

The range, which opened in July 2012, has experienced an average of 3,852 user days since 2014. That’s considerably more use than a Maintenance Level 2 road is intended to provide, being that it’s designed for high-clearance vehicles and not for user comfort. In order to provide safer access to the range, the department is requesting the ability to make 128A a Maintenance Level 3 road to be accessible by a standard passenger car.

The public is invited to share comments, concerns or ideas with Jessica Richardson, District NEPA coordinator, at the Flagstaff Ranger District, 5075 N. Highway 89, Flagstaff, AZ, 86004. Richardson can be reached at (928) 527-8219, or email at jessicarichardson@fs.fed.us. Input also can be provided at comments-southwestern-coconino@fs.fed.us. The deadline to submit comments to ensure consideration in the decision process is May 30.

Red Cross Memorial Day safety tips

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Phoenix — This Memorial Day, many people will be traveling, firing up the backyard grill and the American Red Cross offers a series of steps everyone can follow to safely enjoy the holiday weekend. “Everyone looks forward to having fun over Memorial Day and the Red Cross wants to make sure people know how to stay safe while enjoying the holiday, “said Jim Gilloon, Regional Communication Manager.

HIGHWAY SAFETY Millions of people will be on the highways over the Memorial Day weekend. The Red Cross offers these tips everyone should do to stay safe while traveling:

  1. Buckle seat belts, observe speed limits.
  2. Do not drink and drive.
  3. Pay full attention to the road – don’t use a cell phone to call or text.
  4. Have an emergency preparedness kit in your vehicle.
  5. Clean the vehicle’s lights and windows to help the driver see, especially at night. Turn the headlights on as dusk approaches, or during inclement weather.

Fire Season typically begins in May.

  1. Avoid parking or driving through areas with grass that would touch your muffler.
  2. Dispose Cigarettes properly
  3. Don’t Drag Chains—One Spark Is All It Takes.

GRILLING SAFETY Every year people are injured while using charcoal or gas grills. Here are several steps to safely cook up treats for the backyard barbecue:

  1. Always supervise a barbecue grill when in use.
  2. Never grill indoors – not in the house, camper, tent, or any enclosed area.
  3. Make sure everyone, including the pets, stays away from the grill.
  4. Keep the grill out in the open, away from the house, the deck, tree branches, or anything that could catch fire.
  5. Use the long-handled tools especially made for cooking on the grill to keep the chef safe.

RED CROSS APPS: People can download the all-inclusive Red Cross Emergency app which offers emergency alerts to help keep the user safe. And there is a special mobile app – Monster Guard – designed for kids, teaching them to prepare for emergencies at home by playing an engaging game. Users can find the apps in smartphone app stores by searching for the American Red Cross or going to redcross.org/apps.

County tests Emergency Notification System

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FLAGSTAFF – Coconino County Emergency Management is conducting a test of the emergency notification system between 9 a.m. and 10 a.m. on Monday, May 27. This will help ensure that the system is up to date.

County officials are encouraging all residents to sign-up to receive emergency notifications. During the test, residents should receive a message verifying they have been entered into the emergency notification system. People that did not receive a message can sign-up at coconino.az.gov/ready. For questions or assistance call 928-679-8311.

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 Health Officials urge precautions against rabies

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FLAGSTAFF – Coconino County Public Health Services District (CCPHSD) Officials are urging people to protect themselves against rabies.

CCPHSD advises individuals to seek immediate medical attention if they are bitten or have had contact with an animal suspected to have rabies. Postexposure prophylaxis, a series of injections, may be recommended to prevent disease. Once symptoms appear, rabies is fatal in humans.

Prior to symptoms appearing, Rabies is a preventable viral disease of mammals most often transmitted through the bite, scratch or lick of a rabid animal. Most animal rabies cases reported to the CCPHSD each year occur in wild animals like foxes and skunks.

People are urged to take the following precautions to protect from rabies:

  • Avoid wildlife, especially those exhibiting unusual wildlife behaviors which can include; showing no fear of humans, aggressive behavior, staggering and/or acting sickly and nocturnal mammals active during daytime.
  • Keep all pets current on vaccinations and obey leash laws.
  • Always keep pets away from wild animals.
  • Never pick up, touch or feed wild or unfamiliar animals, even if they do not appear sick or aggressive.
  • Report any wild animal exhibiting erratic or aggressive behavior.

Pet owners should seek medical care from their veterinarian and call the appropriate authorities if their pet is bitten by wildlife.

Call Coconino County Public Health Services District Animal Management at 928-679-8756. In an emergency, call 911.

For more information on rabies visit www.azhealth.gov/rabies.

Coconino County Courts host Law Day

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FLAGSTAFF — Coconino County Courts are hosting Law Day at the Coconino County Courthouse at 200 N. San Francisco Street in Flagstaff. The proceedings will begin at 8:45 a.m. Friday, May 3, 2019.

This year’s Law Day theme is “Free Speech, Free Press, Free Society.” The theme provides an opportunity to explore the ways the First Amendment has shaped American law and society. Law Day activities in Flagstaff are coordinated by Coconino County Superior Court, the Coconino County Bar Association and local attorneys. The theme is selected by the American Bar Association each year.

Throughout the day, local middle and high school students will participate in Moot Courts. Students prepare, present and argue cases with the assistance of local attorneys in front of a Superior Court Judge. This opportunity shows students the complexities of the legal system.

The Coconino County Board of Supervisors approved a proclamation during the April 17 regular meeting declaring May 3, 2019 as Law Day in the County. This was in accordance with the nationally recognized day for commemoration.

The public is encouraged to attend and participate in all activities for this year’s Law Day.

Superintendent seeking applicants for multiple Governing Board Seats

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FLAGSTAFF – Coconino County Superintendent of Schools Dr. Risha VanderWey is seeking applicants for appointment to five school districts. One seat is vacant in the Coconino Association for Vocations, Industry, and Technology (CAVIAT) Education District in Fredonia, Fredonia-Moccasin Unified School District, Grand Canyon Unified School District, Coconino Community College District #5 and three seats are open in Maine Consolidated School District.

Applicants must be Arizona registered voters and residents of the school district for at least one year prior to the date of appointment. Applicants or their spouses cannot be an employee of the district.

Application information:

Download the application at http://www.coconino.az.gov/schoolboardapplication
Deadline to submit is 5 p.m. on April 30
Submit by email to aterhaar@coconino.az.gov (live signature original required)
Submit by fax to 928-526-1469 (live signature original required)
Mail/Drop off: Coconino County School Superintendent, 2384 N Steves Blvd, Flagstaff, AZ 86004

An advisory committee may be assembled consisting of district residents and a current board member to conduct interviews and assist Superintendent VanderWey in the appointment process.

For more information, please call the Office of the Coconino County School Superintendent at 928-679-8070 or email: aterhaar@coconino.az.gov.