Tucsonscorruptleadership

Aggravated Assault...the punishment depends on who you are

Let's look into Aggravated Assault or Arizona Revised Statutes 13-1204. We will go over the differences in how that law is applied. We will also go into why the law is applied differently depending on who you are and what you do for a living (despite that whole "equal protection under the law" thing and "fairness" is a Tucson Police Department core value).

We'll show what happens when you commit "aggravated assault" when you are a...

Tucson City Council Person A sitting Ward 1 Tucson City Council Member attempted to disarm a uniformed police officer of his baton during an assembly that was determined to be unlawful and she was ordered to leave. She did not. We requested the body worn camera footage for this incident on June 1, 2020. We are expecting that video very soon. As soon as we get it, you get all of it.

A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:

8. If the person commits the assault knowing or having reason to know that the victim is any of the following:

(a) A peace officer or a person summoned and directed by the officer.

9. If the person knowingly takes or attempts to exercise control over any of the following:

(b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection

Tucson Police Officer We requested this investigation in its entirety. We will point out a couple things here. An arrestee was in a place he was not allowed to be. After being arrested, this arrestee spit on a uniformed police office offer. This is a felony.

A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:

8. If the person commits the assault knowing or having reason to know that the victim is any of the following:

(a) A peace officer or a person summoned and directed by the officer.

I think we can all agree that this situation could have handled much better. Of course, it is easy for us say this since we didn't just get spat upon during the COVID 19 hysteria by someone who was under arrest and not legally allowed to be where he was. Was it aggravated assault "by statute?" Yeah, I guess it was, kinda like how former Assistant Chief Ramon Batista committed hit and run in a police car (see "Dirty Chiefs"). Or how Sergeant Jimmy Scott committed lewd acts while on duty, in uniform, and in a marked Tucson PD patrol car over a period of several months (see "Clairvoyance Can Be Perilous"). Or how a retired Tucson PD Lieutenant continued to strike a female suspect even after she was no longer a threat as she was knocked out and was unable to protect herself. This happened when the Lieutenant was a sergeant. He was promoted to lieutenant soon after this incident. I guess the Tucson Police Department pursues investigations per the letter of the law...from now on.

*MANY MORE EXAMPLES ARE ON THE WAY*

University of Arizona Baseball Player, make that 2 University of Arizona Baseball Players All we know is what has been reported in the media. Here's a timeline that shows what we learned...

May 30, 2021- An incident occurred that involved University of Arizona pitchers, Randy Abshier and Gil Luna.

June 11, 2021- KOLD reported that the pitchers were suspended from the team. The reason provided was they "violated the student code of conduct."

June 21, 2021- The U of A Wildcats were eliminated from the College World Series.

June 24, 2021- KOLD updated their story and reported Randy Abshier and Gil Luna were suspended because they were suspects in an "assault."

We have requested this investigation and when we get it, we'll post all of it. Maybe we will find out why the details of this "aggravated assault" is so much different than say...the "aggravated assault" investigation into Officer Gallego. We will also be looking into the actions/ inactions of the Pima County Attorneys Office as well as the involved commanders of the Tucson Police Department. We should probably look into the extent of the injuries for these victims.