Upload
fixpinalcounty
View
120
Download
4
Embed Size (px)
DESCRIPTION
Letter and evidance Sheriff Paul Babeu ignored regarding coverups and corruption in Pinal County Sheriff Department.
Citation preview
Mark Dixon P.O. Box 12695 Casa Grande, Az. 85130 [email protected] 520-705-2945 September 6, 2010 Pinal County Sheriff's Office Paul Babeu 971 Jason Lopez Circle Building C Florence, AZ 85132 [email protected] RE: Mulitple complaints regarding Pinal County Sheriff Deputies and citizens Sheriff Babeu, In this letter and documentation I am bringing personally to your attention many crimes and wrong doing’s done on behalf of members of your staff and several citizens of Pinal County. These situations which have occurred, mainly perpetrated against myself have until now gone unresolved. In the interest of justice and the desire to see the fair and impartial application of justice applied these matters and facts are being brought to you, as the Sheriff of Pinal County, to proceed forward with your duty and right the wrongs which have occurred. I will address these issues by each individual then with a conclusion at the end. SGT. JOHN ELLSWORTH Marc A. Appel, Esq has presented as evidence that Sgt. Ellsworth made the statement that he spoke to me at some point prior to December1, 2009, please see exhibit 2 p.2 ln.3-8. I will assure you that I have never spoken to Sgt Ellsworth regarding any issues, please see exhibit 2, p 6 ln 24-26, p7 ln1-6. If this is in fact true that Sgt John Ellsworth has made any statement of the sort then he has committed perjury at the very least. It should be noted that per Sgt. Ellsworth all communication were verbal no records are available, please see exhibit 6 p. 1. SGT. WAYNE CHASHMAN It is my understanding that you and your office are diligent in performing a fair and impartial investigation. In the review of Sgt. Cashman’s investigation regarding my notice of claim many inconsistencies come up, following are those inconsistencies.
- 1 -
1) How can Sgt. Cashman perform an impartial and fair investigation when he never interviewed the list of witnesses included in the Notice of Claim I filed with Pinal County. To make matters worse not only did he not interview the list of witnesses but he did not interview myself, yet he interviewed Carol Dixon but failed to list her as a witness.
2) Sgt. Cashman in his report continually references the re license of my dog Shilo on 10-28-09. Quite apparently Sgt. Cashman failed to contact the Pinal County Animal Control to verify any license issues regarding my property. Had he contacted the Pinal County Animal Control it would have been discovered that my property was licensed to me and me alone since the original license was issued on 1-23-08, see exhibit 3 p.1-3. Had he contacted myself or Pinal County Animal Control he would have discovered this to be a fact. Further he would have discovered that someone called in on 12-29-09 and canceled my legal dog license with the explanation “MOVE AWAY”.
3) Sgt. Cashman states Sgt Leblanc learned of the suspended drivers license well after he arrived at the traffic stop on Woodruff, yet in Det. Goode’s report of the traffic stop he states that he phoned Sgt. Leblanc, informing him of the suspended license prior to Sgt. Leblanc reaching the scene with Det. Pile.
4) I was never aware of having a suspended license, I never received any notification regarding a suspended license nor did I ever represent that I had taken care of a suspended license. On 12-2-09 I provided proof of taking care of my traffic ticket with the City of Casa Grande, the document I provided to Sgt Leblanc was the letter from DMV dated 09-22-09 which voided the suspended license plate on one of my trucks, exhibit 4, p.4. It should be noted that the traffic ticket issued by Det. Goode was dismissed by the County Attorney for “no reasonable likelihood of conviction”. It amazes me that the explination to the County Attorney’s office was sufficient to dismiss the ticket but not adequate for Sgt. Cashman, or is this another piece of evidence he chose to overlook. Please see all of exhibit 4.
5) Carol Dixon made statements that she spoke to a clerk at the Casa Grande Justice Court. I will make a small leap of faith that that clerk was none other than Mercedes Clark, Cpl Stephen Clark’s wife. This is another piece of information Sgt. Cashman would have found out had he done just a little effort in his investigation.
6) Carol Dixon also stated that she spoke to a Casa Grande Police officer, an unknown officer. Here again it would take a very small leap of faith to realize that that officer was actually Cpl. Mike Bejarano, whose wife, Lizz Bejarano, is the branch manager in Casa Grande for the Pinal County Federal Credit Union. This is the same institution and branch Carol Dixon works for and has an intimate relationship with Lizz Bejarano. It beggs to question why this information was not disclosed.
7) Had Sgt. Cashman called or otherwise interviewed me he would have found out that Cpl. Clark first contacted me on 11-17-09 as represented by my phone bill, see exhibit 9. It would have also been very apparent that at that time I told him in a 3 minute phone call, Shilo, my dog, was legally my property and all the issues in question were a civil matter. I also informed him that my dog Shilo had always been licanced to me, was a gift from my ex wife prior to our marriage and had
- 2 -
been with me since she was given to me. Sgt. Cashman would have also seen the pattern of events of Carol Dixon going to every institution, but never filing any paperwork anywhere. It would have also been apparent that Cpl. Clark and the other deputies then decided to take matters into their own hands and steal my property from me without regard to any evidence supporting my claim. All of which was available with a simple phone call to county agencies.
To call the internal investigation report Sgt. Cashman prepared a whitewash would be a compliment. The report does not even match the theft reports etc. provided by the officers he was supposed to investigate. His final conclusions were a little accurate in that this was a civil matter but what little facts that were presented were twisted in a manner to strictly support the actions of the officers in question, this does nothing for public trust or his oath of office. CPL. STEPHEN CLARK Cpl. Stephen Clark is the beginning of this total breach of public trust and the beginning of the lies and deceit that has led up to the events of today.
1) Cpl. Clark in any and all reports and statements has failed to mention that he called me on 11-17-09, see exhibit 9, demanding that I return my dog Shilo to Carol Dixon. At that point he sent Carol Dixon on a goose chase to the Superior Court, Justice Court, Casa Grande Police, see exhibit 6 p. 21-22. In his report and the internal investigation Cpl. Clark represents that the first time he spoke to Carol Dixon was on 12-1-09, that is nothing less that a bold faced lie when he called me on 11-17-09.
2) Cpl. Clark never asked me for any evidence to support my claim of ownership, rather he strictly insisted that I give my property to Carol Dixon or I would be charged with theft, that in itself is theft by extortion.
3) Cpl. Clark apparently never verified Carol Dixon’s claim of the dog being licensed to her, otherwise he would have found through Pinal County Animal Control the dog had always been licensed to me.
4) Cpl. Clark never verified the microchip information for the dog, rather ran forward with a false claim.
To put it bluntly, Cpl. Stephen Clark in no way shape or form performed his duties as an officer of the law. He knowingly took the law into his own hands and used his authority to pursue his own personal desires. He had from 11-17-09 until 12-01-09 to investigate this case which could have included asking me to come in and talk to him, there was no investigation rather a decision to do the bidding of Carol Dixon, a Commercial Loan Officer. It would be very interesting to see if Cpl. Cark’s side business Diamondback Protective Services has received any funding through the Pinal County Federal Credit Union.
- 3 -
SGT. PHILLIP LEBLANC Sgt. Leblanc is probably the most despicable individuals involved in this sad state of affairs. As late as 2007 Sergeant Phil LeBlanc was in the Professional Standards unit charged with investigating complaints on sworn staff, he served in this unit with Sgt. John Ellsworth, interesting that apparently Sgt. Ellsworth is willing to lie for his former partner. The following are the inconsistencies involved with his activities in this matter.
1) Sgt. Lebalnc agrees to take over the case from Cpl. Clark, exhibit 6 p.16 pp 2. After taking over the case Sgt. Leblanc never verified any of the supposed evidence, talked to myself or asked for any other version than what was pre conceived. He never verified any dog license information with Pinal County Animal Control otherwise he would have realized the dog was always registered to me.
2) Sgt. Leblanc states that he learned of my drivers license being suspended after reaching the scene and informing me that I was going to give up the dog and had no choice in the matter, exhibit 6, p 18 pp4-5. Sgt. Leblanc knew my drivers license was suspended before he reached the scene of the traffic stop per phone call from Det. Goode, exhibit 8 p.51 pp.2.
3) In Exhibit 6 p. 19 pp 4-5 implies that I lied to him regarding having a suspended drivers license and could not produce any paperwork showing I had taken care of the suspension issue. I DID NOT KNOW MY DRIVERS LICENSE WAS SUSPENDED. I knew I had a ticket with the City of Casa Grande and believed I had taken care of that ticket. I provided Sgt. Leblanc with a letter from DMV showing my registration was suspended in error and informed him that I had taken that letter to the Casa Grande Justice Court and was told the ticket was dismissed, see exhibit 4 all inclusive.
4) Sgt. Leblanc did inform me that if I did not give up my dog he would arrest me for driving on a suspended license and impound my truck, his mind was made up and he had a plan.
5) In the analysis of Exhibit 6 p20 pp3, it is very clear that the threat of arrest for driving on a suspended license did in fact occour. Had I not turned over my property to Sgt. Leblanc he would have arrested me for driving on a suspended license and taken the dog anyway. At no point in time did I cooperate willingly, rather I submitted to the threat of extortion. I have 2 children that I am solely responsible for, what else was I going to do with 3 armed thugs.
6) On 12-8-09 Sgt Leblanc states that he received a packet of paperwork with statements from individuals stating the dog was mine. Also in that packet was paperwork showing the dog license information which included pages 4,5,6,8,9 of exhibit 3. These same exhibits were provided to Sgt. Leblanc on 12-2-09 when he took my dog. Page 4 clearly shows that Shilo was licensed to me for the entire year ending 09-04-09. This at the very least should have stopped all actions at that moment as it completely disproves his statement “This dog was licensed to Mrs. Dixon…”, Exhibit 8 p20.
- 4 -
Sgt. Leblanc, being the previous head of his area of the Professional Standards Unit does know the proper procedure’s of investigation, the rules behind illegal search and seizure, due process etc. With malice and forethought he decided single handed to help her when no one else would. He ignored all policy and procedure and rather reverted to the show of lethal force and extortion to accomplish his personal goals. In the whole process he never verified any of the allegations represented, but when I presented him with the evidence I had at the time he choked for a minute but continued forward with the threat that “if I gave him any trouble over this he would come back and arrest me for driving on a suspended license”, well that charged was dismissed by the County Attorney. CAROL DIXON If we accept the reports of Sgt. Cashman, Sgt. Lebalnc, Cpl Clark and the public record of the City of Casa Grande then the following statements are true and factual and should be delt with accordingly.
1) Carol Dixon reported to Sgt. Cashman that she lived alone with Shilo from mid May 2009. We did not move out to our old residence until mid June 2009, at which time Shilo moved with us, exhibit 6 p 21 pp3. False reporting to a police officer.
2) Carol Dixon reported to Cpl. Clark that I offered to watch the dog for her while she moved. The dog was always in my possession, licensed to me, living with me, see statements and affidavits provided. False reporting to a police officer.
3) Carol Dixon reported to Cpl. Clark that I relicensed the dog, naming myself as the owner. The dog was always licensed to me as the owner, she never owned the dog, see exhibit 3.
4) Carol Dixon said she had a microchip registered to her, that registration was acquired by fraudulent means which can be both false reporting to a police officer and falsifying a public document (a class 6 felony).
5) On 12-29-09 Carol Dixon called the Pinal County Animal Control and had my valid dog license cancelled giving the explanation of “MOVE AWAY”. The license has since been reinstated and is the only valid and legal dog license. This constitutes a class 6 felony of altering a public document along with a misdemeanor of removing a dog license.
6) Please see Exhibit 1 all inclusive for the several felonies and misdemeanor’s which have occurred in the process of securing a dog license through the City of Casa Grande.
7) On several occasions within the reports Carol Dixon relies on the fact that she purchased the dog, which she did, as a gift for me prior to our marriage. It should be noted that the Hon. Kevin White upheld our divorce decree and stated the division of property and decree stands as is, see exhibit 8 p.11 item 5d, and exhibit 11.
I should be noted that these are just a partial list of the charges that should be brought against Carol Dixon. This whole situation began with Carol Dixon becoming upset because my daughter, a 14 year old teenager, wanted to go to the mall with her friends
- 5 -
- 6 -
and not babysit when demanded, followed by myself not taking Carol Dixon’s side over my daughters. The house of cards made up of lies is falling and the facts can not be ignored any longer. Whatever the hold Carol Dixon has over the individuals involved can easily be uncovered through some simple subpoenas and a very small amount of investigation, which would of course help clean up our whole county system. RACHEL GUILLEN
Ms. Guillen’s part of this conspiracy is very simple. On Sunday, January 3, 2010 she opened up the City of Casa Grande finance department and knowingly used falsified information to procure a dog license for Carol Dixon. She completely ignored her duty, the law and violated the public trust as a city employee by participating in the acts as outlined in exhibit 1. Ms. Guillen should be prosecuted to the fullest extent of the law for betraying the public trust placed in her.
It has become apparent to myself that many of the acts above and many others were encouraged if not initiated by Deputy Pinal County Attorney Joe A. Albo, along with more to come. Please review exhibit 2 in it’s entirety. I am sure that one to come soon will be an attempt to bring a charge of theft against me for possession of a stolen vehicle, please see exhibit 7. The situation that is building here smells of the same type of situation which occurred with Ms. Patti Lee who was indicted for assaulting a sheriff’s deputy over a year after that same deputy severely assaulted her. Our county and county attorneys office will resort to the most vicious means to accomplish their goals, protect their friends, keep the good ole boy system intact and ignore their duty. Every item mentioned here is true and factual. There is an additional 400+ pages of evidence to back up these charges and many others, in just these cases. I am writing this letter because Wally Catton among others assures me that you have an extreme desire to clean up the corruption in Pinal County andwill act swiftly to remedy these problems. I believe and support the law enforcement agencies and individuals who put their lives on the line every day for the citizens of this country, it is sad though that a few bad apples do such deplorable things which results in the honor and integrity of the majority being tarnished. I wish to have each and every charge brought and am at your disposal to bring these charges along with the evidence which has been accumulated. Thank You, Mark E. Dixon
March 15,2010
City of Casa GrandeBrett Wallace, City Attorney510 E. Florence Blvd.Casa Grande, Az. 85122
SENT BY FAX. CERTIFIED MAILRETURNIRECIEPT REQUESTED AND EMAIL
Mr. Wallace,
I received an email March 11,2010, from Edith Regan, the City Clerk's Office Assistantregarding my Public Record Request. She indicated a need for clarification regardingSection III, item 3. If you would look at the earlier request, dated February 22, 2010,which this one refers back to, the individual in question is City of Casa Grande employeeRachel Guillen. To clarify my request please provide all payroll records beginning thepay period which includes Sunday, January 3, 2010, thru the current pay period,including all time cards, electronic signatures, official leave and earnings statements, andall approved comp time/overtime requests for the City of Casa Grande employee RachelGuillen.
For clarification on Section III item 1, Ms. Regan replied "We are not in possession ofany responsive documents". The information provided in response to my February 22,2010 request included a printout from the Casa Grande Animal Hospital. This documentwas apparently utilized as the rabies certificate for issuance of the dog license andreceipt# R10-000015. The printout from Casa Grande Animal Hospital had MarkDixon's information "marked-out" as the owner and Carol Dixon's name, address andphone number hand written in, as the owner. The alteration of this document andsubsequent use for receipt# RIO-00015 is in direct violation of ARS 11-1010 and City ofCasa Grande Code. This constitutes a class 6 felony.
For clarification on Section III item 2, Ms Regan replied "we are not in possession of anyresponsive documents". The information provided in response to my February 22, 2010request included a printout from Avid, PETtrac Data Verification. This document waspresented as documentation for receipt# R10-000016, registration of Avid microchip#036285557. The information attached to my request included a letter from CarterMetcalf DVM of Casa Grande Animal Hospital, and a certificate from Avid. The abovementioned printout from Casa Grande Animal Hospital clearly shows that the microchipwas implanted by John McWhirter DVM practicing at Casa Grande Animal Hospital, notDr. James Hapak of the Small Animal Clinic PC. Again submitting the altered documentwith falsified information as a public record is in direct violation of ARS 11-1010, whichagain constitutes a class 6 felony.
In our meeting on Wednesday, March 10,2010, we discussed the City of Casa Grande'sliability caused by the City of Casa Grande's employee Rachel Guillen and Carol Dixon.Further, we discussed the fact that Rachel Guillen and Carol Dixon are in direct violation
1 mark dixon/pcso complaints/9-5-10
EXHIBIT 1 1 of 14
of ARS 11-1010, as well as ARS 39-161 which constitutes a class 6 felony. I shouldremind you that Carol Dixon is in violation of ARS 11-1008 (E), which is a class 2misdemeanor.
You informed me that you, as City Attorney, did not have the authority to prosecute afelony charge as this authority is reserved by the Office of the Pinal County Attorney. Iadvised you that I would be glad to prefer charges through the Casa Grande PoliceDepartment, but questioned whether they would even take a report without yourauthorization, you nodded your head in agreement. Clearly you, as the City Attorneyhave the authority to enforce laws broken within the City of Casa Grande.
You have failed to contact me regarding these crucial issues, as you stated you would,therefore it is implied that you, and/or or the Pinal County Attorneys Office are notwilling to uphold your sworn duty and prosecute these violations. I will caution you atthis time, this is unquestionably a continuance of the conspiracy started by Carol Dixonand the Pinal County Sheriffs Deputies which began on December 1,2009, as outlinedin District Court Cases CIV'092650PHXSRB and CIV' 100325PHXDKD. By failing topursue prosecution of these issues, considering the in depth knowledge you have withthese cases, your inaction clearly implies that you and the City of Casa Grande may beparticipants in the conspiracies outlined in these two cases.
I hereby give you formal notice and request that these allegations are to be added asadditional charges to the claim against the City of Casa Grande which was properlyserved on the City of Casa Grande on February 2,2010. Please contact me in writing ifmy conclusions are unfounded.
Sincerely,
P.O. Box 12695Casa Grande, Az. 85130Phone (520)-705-2945Email: [email protected]
Cc: Tom McMahon, Southwest Risk ServicesScott Barber, City of Casa Grande
2 mark dixon/pcso complaints/9-5-10
EXHIBIT 1 2 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 3 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 4 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 5 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 6 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 7 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 8 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 9 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 10 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 11 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 12 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 13 of 14
mark dixon/pcso complaints/9-5-10
EXHIBIT 1 14 of 14
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Marc A. Appel, Esq., #010759 APPEL LAW OFFICE, P.L.L.C. 10601 N. Hayden Rd., Suite I-103 Scottsdale, Arizona 85260 Telephone: (480) 315-1216 Facsimile: (480) 315-1218 Email: [email protected] Attorney for Defendants Pinal County, James Walsh and Paul Babeu
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Mark E. Dixon, PLAINTIFF, v. 1. PINAL COUNTY, a Political Subdividsion; 2. JAMES WALSH, Pinal County Attorney, in his Official Capacity Only; 3. PAUL BABEU, Pinal County Sheriff, in his Official Capacity Only; 4. PETE RIOS, Pinal County Supervisor in his Official Capacity Only; 5. BRYAN MARTYN, Pinal County Supervisor, in his Official Capacity Only; 6. DAVID SNIDER, Pinal County Supervisor, in his Official Capacity Only; et. al. DEFENDANTS.
No. CIV ’10 0325 PHX DGC
PINAL COUNTY DEFENDANTS’ FIRST SUPPLEMENTAL RULE 26(a)(1) DISCLOSURE STATEMENT
Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure, defendants Pinal
County, James Walsh and Paul Babeu (hereinafter the “Pinal County Defendants”) make their
first supplemental disclosure as follows:
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 1 of 12
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(A) The name and, if know, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, indentifying the subjects of the information:
1. Sgt. John Ellsworth [Pinal County Sheriff’s Office, 971 N. Jason Lopez Circle,
Building C, Florence, Arizona, 85132 – (520) 866-5133]: This witness may testify regarding the
following subjects: His conversation with Carol Lee Dixon when Ms. Dixon advised her of her
ex-husband’s theft of her dog and Sgt. Ellsworth suggestion that Ms. Dixon see if the issue could
be resolved through the civil courts rather than as a criminal prosecution and his subsequent
conversation with Mr. Dixon.
2. Karna Buckner [Casa Grande Justice Court, Precinct Two, 820 E. Cottonwood
Lane, Casa Grande, Arizona, 85122 – (520) 866-7404]: This witness may testify regarding the
following subjects: Her knowledge regarding Mr. Dixon’s complaints regarding the Casa
Grande Justice Court and any information she has regarding Carol Lee Dixon contacting the
Casa Grande Justice Court concerning the taking of civil action against her husband for his theft
of her dog and Ms. Dixon being referred back to the Pinal County Sheriff’s Office because all
the civil courts could do was award her damages.
3. Lt. Tamatha Villar [Pinal County Sheriff’s Office, 971 N. Jason Lopez Circle,
Building C, Florence, Arizona, 85132 – (520) 866-5133]: This witness may testify regarding the
following subjects: Her knowledge of the Pinal County Sheriff’s web site that includes
frequently asked questions and why, based upon her understanding of the facts underlying this
case as they relate to Carol Lee Dixon’s claim that Mr. Dixon stole her dog, that the matter was
not a civil matter.
DATED this 18th day of June, 2010.
APPEL LAW OFFICE, P.L.L.C. By /s/ Marc A. Appel___________________
Marc A. Appel, Esq. 10601 N. Hayden Road, Suite I-103 Scottsdale, Arizona 85260 Attorney for Defendants Pinal County, James Walsh and Paul Babeu
COPY of the foregoing mailed and emailed this 18th day of June, 2010, to:
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 2 of 12
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
William J. Pearlman, Esq. 1237 S. Val Vista Dr., Ste. 101 Mesa, AZ 85204 Attorney for Plaintiff [email protected] /s/ Heather Coover
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 3 of 12
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 4 of 12
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 5 of 12
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 6 of 12
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 7 of 12
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 8 of 12
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Marc A. Appel, Esq., #010759 APPEL LAW OFFICE, P.L.L.C. 10601 N. Hayden Rd., Suite I-103 Scottsdale, Arizona 85260 Telephone: (480) 315-1216 Facsimile: (480) 315-1218 Email: [email protected] Attorney for Pinal County, James Walsh and Paul Babeu
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Mark E. Dixon, PLAINTIFF, v. 1. PINAL COUNTY, a Political Subdividsion; 2. JAMES WALSH, Pinal County Attorney, in his Official Capacity Only; 3. PAUL BABEU, Pinal County Sheriff, in his Official Capacity Only; 4. PETE RIOS, Pinal County Supervisor in his Official Capacity Only; 5. BRYAN MARTYN, Pinal County Supervisor, in his Official Capacity Only; 6. DAVID SNIDER, Pinal County Supervisor, in his Official Capacity Only; et. al. DEFENDANTS.
No. CIV ’10 0325 PHX DGC
THE PINAL COUNTY
DEFENDANTS’ SEPARATE
MEMORANDUM SETTING FORTH
THEIR RECOMMENDATIONS
WITH RESPECT TO THE
REMAINDER OF THE CASE
The Pinal County defendants, by and through undersigned counsel, submit the
following separate memorandum setting forth the Pinal County defendants’
recommendations with respect to the remainder of the case as ordered by the court. The
Pinal County defendants are submitting a separate memorandum because they do not
Case 2:10-cv-00325-DGC Document 46 Filed 09/03/10 Page 1 of 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 9 of 12
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
agree with the plaintiff’s recommendation that the case “proceed to an expedited trial in
a manner consistent with the point and authorities outlined.” Rather, the Pinal County
defendants recommend that the case be withdrawn from the expedited trial process and
moved back to the standard track which permits the filing of dispositive motions.
The Pinal County defendants’ recommendation that the case be removed from
the expedited trial process is supported by the following:
1. The manner in which the plaintiff’s complaint is drafted has led to a
confusion of the issues. As the court will recall from the parties’ proposed final pretrial
order and the discussions during the final pretrial conference, it was clear from the
court’s inquiries to the plaintiff’s attorney that the plaintiff’s attorney was not clear
regarding the issues that were being raised by the plaintiff’s complaint. As it was also
made clear during the final pretrial conference that the Pinal County defendants’
attorney considered the issues raised by the plaintiff’s complaint to be different than
what was at least partially clarified by the court’s inquiries to the plaintiff’s attorney.
For example, based upon inquiries from the court, it appeared that the plaintiff was
moving from a Fourth Amendment case to a substantive due process case and then to a
“whitewashing” case. The filing of dispositive motions will resolve that confusion and
narrow the issues.
The confusion of the issues is most recently demonstrated by the plaintiff’s
memorandum with respect to the remainder of the case. In that memorandum, the
plaintiff, for the first time, asserts a “due process” claim. While it is not clear whether
the plaintiff is attempted to assert a substantive or a procedural due process claim, the
words “due process” are not even contained in the plaintiff’s complaint. In addition to
the new claims attempting to be asserted, there are new factual allegations being
asserted that are not related to the allegations contained in the plaintiff’s complaint.
Those new factual allegations involve alleged actions by a Deputy County Attorney
(which are denied) that have nothing to do with the plaintiff’s complaint which, as
currently understood, alleges a “failure to prosecute” claim against the County Attorney.
There are also new allegations of withholding and fabricating evidence (which are
Case 2:10-cv-00325-DGC Document 46 Filed 09/03/10 Page 2 of 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 10 of 12
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
denied) which are not related to the allegations of the plaintiff’s complaint.
All of the foregoing issues, and the more that will probably be raised during a
dispositive motion process, will be resolved through motion practice. Then, if any
issues remain, they can be tried. However, without first resolving the current confusion
of the issues and the narrowing of the issues, it has been made clear that trying the case
will be difficult, if not impossible.
2. There are legal issues involving collateral estoppel and prosecutorial
immunity that are going to be procedurally difficult to deal with in an expedited trial
proceeding. Those procedural issues were raised by the court during the final pretrial
conference. Removing the case from the expedited trial process will permit the court to
resolve those legal issues through dispositive motions.
3. The fact that the plaintiff’s attorney has moved to withdraw and that the
plaintiff will soon once again be representing himself has the potential of clarifying and
narrowing the issues without the benefit of dispositive motions even more challenging.
That is most clearly demonstrated by the new legal and factual allegations being raised
by the plaintiff’s memorandum setting forth his recommendations with respect to the
remainder of the case.
For the foregoing reasons, and for the additional issues previously raised in the
parties’ proposed final pretrial order and during the September 3, 2010 final pretrial
conference, the Pinal County defendants request that this case be withdrawn from the
expedited trial process and it be moved to the standard track.
Dated this 3rd
day of September, 2010.
APPEL LAW OFFICE, P.L.L.C. By /s/ Marc Appel _________________
Marc A. Appel, Esq. 10601 N. Hayden Road, Suite I-103 Scottsdale, Arizona 85260 Attorney for Pinal County, James
Walsh and Paul Babeu
Case 2:10-cv-00325-DGC Document 46 Filed 09/03/10 Page 3 of 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 11 of 12
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORIGINAL of the foregoing electronically filed this 3
rd day of September, 2010, to:
United States District Court of Arizona Clerk of the Court 401 W. Washington Phoenix, Arizona 85003 COPY of the foregoing mailed and emailed this 3
rd day of September, 2010, to:
Mark E. Dixon PO Box 12695 Casa Grande, Arizona 85130 Pro Se William J. Pearlman, Esq. 1237 S. Val Vista Dr., Ste. 101 Mesa, AZ 85204 Attorney for Plaintiff [email protected] (motion to withdraw pending)_ /s/ Heather Coover
Case 2:10-cv-00325-DGC Document 46 Filed 09/03/10 Page 4 of 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 2 12 of 12
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 1 of 19
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 2 of 19
PINAL-COUNTYW"Wt oprn "pporlunily
Pinal County Animal Care and Control764 S. Eleven Mile Comer Road, Casa Grande, AZ 85222
(520) 509-3555 (520) 866-7610 FAX www.pinalcountyaz.gov
Receipt Number: R08-005993
Person Information:MARK DIXON
PO BOX 12695
CASA GRANDE, AZ 85230
Receipt Date: Thursday, September 04,2008
PID: P007938
Received From: MARK DIXON Check No: 1522 Phone: (520) 705-2945
Item: AnimallD: Reference No: Price: Each: Amount:
L1C UNALTER
Animal Information:
A055356 L08-025851 $20.00 1
Total Fees Due:
Payments: Cash:Check:
Credit Card:
Total Payments Received:
Thank You!Change:
Balance Due:
$20.00
$20.00
$0.00$20.00
$0.00
$20.00
$0.00$0.00
A055356 SHILOH - OF AGE, FEMALE, AUST SHEPHERD, WHITE DOG
License Information:Tag Number: Expires: Animal#
L08-025851 09/04/09 A055356
Vacc Date:
07/31/08
Term: Expires: Amount: Type:
36 07/31/11 $20.00 L1CUNALTER
HAL LICENSE FEES: $20.00
Cleric CathyF SHELTER
Shelter HoursMonday - Friday 8:00AM - 5:00PM" Saturday 9:00AM - 12:00PM"
Shelters CLOSED Sundays and HolidaysTransaction Date: 09/04/08 Print Date: 01/28/10 ware\Chameleon\Crystal\receipt.rpt
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 3 of 19
PINAL-COUNTYMb uptll DpprmlmilJ
Pinal County Animal Care And ControlP.O. Box 3061RS
Casa Grande, AZ 85222(520)509-3555
License Tag: L08~025851
Tag Expiration Date: 09/04/09
Rabies Expiration Date: 07/31/11
Dog's Name: SHILOH
Breed: AUST SHEPHERD
Color: WHITE
Sex: Female
DOB: 01/01/07
Payment Due: $20.00
Want to help us save money to care for the animals and get your renewal notices faster? Give us your email addressand we can send your next renewal notice electronically!
MARK DIXON
PO BOX 12695
CASA GRANDE, AZ 85230
Email: _
Phone: (520) 705-2945
RETURN THIS PORTION WITH YOUR PAYMENT, RABIES AND ALTER CERTIFICATES IF REQUIRED
MARK DIXON
License Expires: 09/04/09
Rabies Vaccination Expires: 07/31/11
Avoid penalties. Renew by: 10/04109
L08-025851
License Fee Due: $20.00
* If your t hasveterinarian to rec •
ltered, you m t Include a copy of the altering certificate issued by youra reduced cost license.
We are sending you this notice to inform you that your dog's license will expire on 09/04/09. A $2.00 late penalty will be addedif the license is not renewed by the end of the 30-day grace period.
As of June 1, 2003, the dog licensing fees are as follows:* Altered: $12.00 per year* Unaltered: $20.00 per year.* Altered $30.00 for three years.* Senior Citizen (Based on Owner's Age) Altered $6.00 per year.* Senior Citizen (Based on Owner's Age) Altered $18.00 for three years.
You may buy a multiple year license, depending on the rabies vaccination expiration. The rabies vaccination must be validthrough the full license period.
You may renew your dog's license at our office Monday - Friday from 8:00 AM to 5:00 PM and 9:00 AM to 12:00 PM onSaturdays. You may also renew your dog's license by mail.
Please make the check payable to: Pinal County Animal Care and Control.
Please contact our office immediately if you have moved or no longer have your dog.
Please call with any questions.
P007938 A055356 101 mark dixon/pcso complaints/9-5-10
EXHIBIT 3 4 of 19
tt~Al~C.O\J~"Y
......_~s:;c
Pinal County Animal Care and Control764 . Eleven :viile Comer Road, Casa Grande, AZ 5222
C20) 509-3555 (520) 66-7610 fAX www.pinalcoun '3Z.g0'v
Receipt Number. R09.Q1&465
Person Information:MARK DIXONPO BOX 12695
CASA GRANDE, AZ. 85194
Received From; MARl< DIXO Checlc. No:
Rece;pt Date: Wednesday. October 28, 2009
PID. P064051
Phone: (520) 205·2945
Item: AnlmallD' Reference 0: Price Each. I',moun
UCUNALTER A093285 l09-Q38672 520.00 20.00
$0.00$000
$20.00
$20.00$0.00$0.00
S20.00
Total Fees Due:
Oayments: Cash.Ched<.:
Credrt Card:=====
Total Payments Received:
Thank You!Change:
Balance Due'
Animal Information:A09328S SHILO • OF AGE. FEMALE. AUST SHEPHERD. BROWN AND WHITE DOG
Ucense inform<rtion:Tag Number: Expires; Animal# Vacc Date: Tenn: Expires: Amount: Type:
L09·038672 10128110 A093285 10J2a109 12 101281 0 $20.00 LIe NALTER
>TAL UCENSE FEES: S20.OO
Cieri<' CathyF SHELTER
~~ .er HOUrSMonday· Friday 8':ooAM - 5:00PM' Saturday 9-00AM. 12:00PM' EXHI BIT 2
Shelters CLOSED Sundays and Holidays
Transaction Date 1012 9 Porn Date ~0I281ll9 "''8re\Ctlamel~n\ClYStal\lecelpt,ro:
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 5 of 19
I 036285557 IMICROCHIP UM2>ER
1l1lllllll11lllll1llllII,AVID*036*285*557
AVIDMicroChip DATe
This Certifies t at__:::.S~hi~·l.><.o....,.....,. --lo..C.aa..un.L!:jn.l.lOe _~,r-:c's ,,"ol,e SpeCiES
Ausmman Shepherd ;tt4-30-0i
has been identified with the above number by:
John McWhirter, DVMAddress
BroWriJ White
1645 North Pinal Avenue, Casa Grande, A Z
The holder of said animal 15 .,...........,.-,..,......-- _'Jo."e Mark Dixon
P.O:1fox12695 Casa Grande, AZ 85230transferable 0 lyon he books of Avid by the holder hereof in person or by attorney upon
surrender of this certifica e properly endorsed.
111llli "~~I IfIDll[nll1AVID*036*285*557
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 6 of 19
RABIES VACClNATIO.. CERTni'ICAIT
A LEGAL DOClJME iT ISSlJED 10-28-09 BY CASA GRANDE ANIMAL HOSPlTAi.
Patient. arne: ShilCl
'. pecie.:
Breed:
Color:
ex:
Canine
ustralian Shepherd
Brown/Whit
r
Date r)f f->irrh: 04-30-07
Weight: 39.00 IDs
Mic ochip#: 036285557
O'vmer Information: Mark DixonP.O. B x12695
Casa Grande. AI. 85230(520)205-294-
Date of Vaccination: 10-28-09 Expiration Date: 10-28-10
Rabie: Vaccine Information- MFG: MERlA. L<>t #: 12531 A Vaccine Exp: 19MAYI0
Casa Grande .A..nimal Hospilal1645 onh Pinal AvenueCasa Grande. Arizona 85222Phone: (520) 836-5979 Fax: (520) 836-0391
VeterinaI'ian:
License Number:
John McW1rirter, DVM
3090
D 1's Signature: EXHIBIT 3
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 7 of 19
RABIES VACCINATION CERTIFICATE
A LEGAL DOCUMENT ISSUED 10-28-09 BY CASA GRANDE ANIMAL HOSPITAL
Patient Name: Shilo
Date of birth: 04-30-07
Microchip#: 036285557
39.00 Ibs
BrownlWhite
Australian Shepherd
Canine
F
Owner Information: Mark DixonP.O. Box 12695
Weight:
Color:
Sex:
Breed:
Species:
Casa Grande, AZ 85130(520)705-2945
Date of Vaccination: 10-28-09 Expiration Date: 10-28-10
Rabies Vaccine Information- MFG: MERIA Lot #: 12531A Vaccine Exp: 19MAY1 0
Casa Grande Animal Hospital1645 North Pinal AvenueCasa Grande, Arizona 85122Phone: (520) 836-5979 Fax: (520) 836-0391
Veterinarian: John McWhirter, DVM
License Number: 3090
g~~~gn~W~~ pJY)
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 8 of 19
INVOICECasa Grande Animal Hospital1645 N. Pinal Ave.Casa Grande, AZ 85122520-836-5979
FOR: MarK DixonP.O. Box12OO5Casa Grande, AZ 85230
Printed:Date;Account:Invoice:
10-28-09 at 336p10-28-096753298089
Date For Net Price
Services by John McWhirter, DVM10-28-09 SMo10-28-0910·28-0910-28-0910-28-0910-28-0910-28-09
1 DHLPP+Corona - Booster1 Bordatella· Canine - Intranasal1 Rabies - Canine· 1 Year1 HeartwormlErt1lichiaflymeslAP Test1 Microchip Placement1 OffiCe Visit - We!lness Exam - Sm Animal6 Heartgard Plus Green 1 month
16.008.008.00
30.00 ....33.0024.003499
Services by
10-28-09 Visa. payment -153.99
Old balance0.00
Charges payments153.99 153.99
Discount22,00-
New balance0.00
Your invoice total reflects our (unnamed) discou.nt.
10-28-09
10·28-0910-28-0910-28-09
_l~
Tlll: 15'11
Mm~
mmsmem1~m"t
H8S7~SI£W\IIl!\ t1
~iI: ,5
OCT tS, a,S/liCIH is!
Re~~~~!?~_~~i~~~~~!.~~~~t:ls_::...~2'L..__ ...._.__...~~~ d~e.10·28-10 DHLPP+Corona - Booster10-28-10 Heartworm Test10-28-10 Bordatella - Canine - Jntranas10-28·10 Rabies - Canine - 3 Year04·26-10 Heartgard Plus Preventative
Doctor's Instructions
Microchip PlacementIf any changes to your acklress and phonenum~please oonlact Casa Grande AnimalHospital so we can update your microchip lnfonnation.
TOTAL 51.53.99
Rabies - Canine - 1 YearPinal County Rabies/Animal Control, P.O. Box 3061Cass Grande, p,;z 85294 Phone: 509-3555
Cass Grande City Hall. 510 E. Florence Blvd.
! AERiE 10 PQ'IIittORliIIlt 10 C..(~l AGRi£tm iF
~'QllR CGP'i
EXHIBIT 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 9 of 19
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 10 of 19
City of Casa Grande510 E Florence Blvd, Casa Grande, AZ 85222
(520) 421-8601 City Hall (520) 426-9300 Animal Control (520) 876-5992 Fax
Legal Document - Keep Safe and Available at All Times
Receipt Number: R10-000016
Person Information:CAROL DIXON720 W O'NEIL DR #232CASA GRANDE, AZ 85122
Receipt Date: Sunday, January 03,2010
PID: P006228
Received From: CAROL DIXON Check No: Phone: (480) 794-0844
Item:
MICROCHIP
Tag Expires
11/1/29
AnimallD:
A011442
Reference No:
036285557
Price:
$.00
Each:
1
Amount
$.00
Anima/Information:
Total Fees Due:
Payments: Cash:Check:
Credit Card:
Total Payments Received:
Thank You!Change:
Balance Due:
$0.00$0.00$0.00
$0.00
$0.00$0.00
A011442 SHILOH - 3 YEARS OF AGE, FEMALE, AUST SHEPHERD, BROWN AND WHITE DOG
Vaccination Information:Animal#: Vaccine:
A011442
Serial No.:
AVID
Vacc. Date: Term: Expires:
oVeterinarian:
HAPAK
10
G001419
~ler1c RGuilien SHELTER
HO\lry;of()~~liollsCitY Hall: Mo~day. Friday8:00Ml.
Shelter: Monday· Friday 8:00AM • 4:00PM
Sheller CLOSED Weekends and Holidays
Transaction Dale: 01103110 Print Date: 02J04110 on software\chameleon\crystal\receipl.rpt
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 11 of 19
City of Casa Grande510 E Florence Blvd, Casa Grande! AZ 85222
(520) 421-8601 City Hall (520) 426-9300 Animal Control (520) 876-5992 Fax
Legal Document - Keep Safe and Available at An Times
Receipt Number. R1D-OOOO15
Person Informafiol'l:CAROl DIXON720 WO'NEIL DR #232CASA GRANDE, AZ 85122
Receipt nate: Sunday, January 03,2010
PIO: P006228
Received From: CAROL DIXON Check No: phone: (480) 794-0844
Item: Tag Expires Animal 10: Reference No: Price: Each: Amount:
10128/10 A011442 L09-009186 $25.00 1
Tetal Fees Due:
Payments: Cash:Check:
CrdCarrJ:
Total Payments ReceIved:
ThankYoulChange:
Balance Due:
$25.00
$25.00
$0.00$25.00
$0.00
$25.00
$0.00$0.00
Animallnfonnation:A011442 SHILOH -3 YEARS OF AGE, FEMALE, AUST SHEPHERD, BROWN AND WHITE DOG
Vaccination Infonnation:Animal#: Vaccine:
A011442 MER IMRAB3
Serial No.:
12531A
Vacc. Date:
10128109Term:
12Expires:10128110
Veterinarian:
NELSON
10
GOO1802
)feric RGuillen SHELTER
How"sol'Operations
City Halt Monday - Friday 8:00AM • 5:00PM
ShelteI: Monday-Frlday8:OOAM - 4:00PM
SIlellwClOSED Weekends ami HollGays
TfllllSaClIon Date: 01103/10
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 12 of 19
PINAL'COU 'TVauu.",.~.1't
Pinal County Animal Care and Control764 S. Eleven Mile Comer Road Casa Grand , AZ 85222
(520) 509-3555 (520) 866-7610 FAX www.pinalcountyaz.go
Receipt Number. R10-021242
Person Information:MARK DIXON
PO BOX 12695
CASA GRANDE, AZ 85194
Received From: MARK DIXON Check No:
Receipt Date: Wednesday, February 03,2010
PID: P064051
Phone: (520) 205-2945
Item: AnimallD: Reference No: Price: Each: Amount:
L1C REP A093285 L10-041767 $5.00 1 $5.00
$0.00$0.00
$5.00
$5.00$0.00$0.00
$5.00
Total Fees Due:
Payments: Cash:Check:
Credit Card:=====
Total Payments Received:
Thank You!Change:
Balance Due:
Animal Information:A093285 SHILO - OF AGE, FEMALE, AUST SHEPHERD, BROWN AND WHITE DOG
License Information:Tag Number: Expires: Animal# Vacc Date: Term: Expires: Amount: Type:
L1 0-041767 10/28/10 A093285 10/28/09 12 10/28/10 $5.00 L1C REP
)TAL ICENSE FEES: $5.00
Monday - Friday 8:00AM - 5.Shelters CLOS
Clerk: FRNTDESK SHELTER
saturday 9:00AM - 12:00PM"
Sl.-lOa,fS and Holidays
Print Date: 02103/10 vare\Chameleon\Crystal\Receipt.rpt
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 13 of 19
PERSON INFORMATION
P007938MARK DIXON7496 N EVANS RDCOOLIDGE, AZ 85228
TAG INFORMATION
PERSON DOCUMENT02/03/10
(520) 705-2945
520-705-2945
ANIMAL 10
A009396A055356A055356
NAMELADDYSHILOHSHILOH
TAG NO
L04-032221L08-018400L08-025851
TYPELie SNL1C UNALTERL1C UNALTER
TAGEXP08/02/0508/15/0809/04/09
C:\Proaram Files\Chameleon Software\Chameleon\Crvstal\Person.rot
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 14 of 19
PERSON INFORMATIONP064051MARK DIXON10380 W PASADENA DRCASA GRANDE, AZ 85194
TAG INFORMATION
PERSON DOCUMENT02/03/10
(520) 205-2945
ANIMALID
A093285
NAME
SHILO
TAG NO
L09-038672
TYPE
L1C UNALTER
TAG EXP
10/28/10
MEMO HISTORY
MEMO NO DATE TYPE
M10-037336 01/29/1012:00 NOTE1-29-10released copies of the license information for Shiloh to Mr. Dixon. He presented a written request.
f. valenzuelaM10-037708 02/03/1012:00 NOTE***On 2-3-10 Mark Dixon came into the office seeking information on his dog "Shilo" He purchased a replacement tag for theamount of $5.00. I (Faye) told him the dogs record had been marked as "Moved Away" He stated to me that he had notmoved and has been separatedldivorced from his wife and would like this license to be re-activated again in his name.
F. Valenzuela
C:\Proaram Files\Chameleon Soflware\Chameleon\Crvstal\Person.rot mark dixon/pcso complaints/9-5-10
EXHIBIT 3 15 of 19
PERSON INFORMATIONP064051MARK DIXON10380 W PASADENA DRCASA GRANDE, AZ 85194
TAG INFORMATION
PERSON DOCUMENT02/03/10
(520) 205-2945
ANIMALIDA093285A093285A093285
NAMESHILOSHILOSHILO
TAG NO
L10-041767036285557L09-038672
TYPE
L1C REPMICROCHIPLie UNALTER
TAG EXP
10/28/1010/28/1010/28/10
MEMO HISTORY
MEMONO DATE TYPE
M10-037336 01/29/1012:00 NOTE
1-29-10released copies of the license information for Shiloh to Mr. Dixon. He presented a written request.
f. valenzuelaM10-037708 02/03/1012:00 NOTE***On 2-3-10 Mark Dixon came into the office seeking information on his dog "Shilo" He purchased a replacement tag for theamount of $5.00. I (Faye) told him the dogs record had been marked as "Moved Away" He stated to me that he had notmoved and has been separated/divorced from his wife and would like this license to be re-activated again in his name.
F. Valenzuela
C:\Proaram Files\Chameleon Software\Chameleon\Crvstal\Person.mt mark dixon/pcso complaints/9-5-10
EXHIBIT 3 16 of 19
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 17 of 19
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 18 of 19
mark dixon/pcso complaints/9-5-10
EXHIBIT 3 19 of 19
mark dixon/pcso complaints/9-5-10
EXHIBIT 4 1 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 4 2 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 4 3 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 4 4 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 4 5 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 4 6 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 4 7 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 5 1 of 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 5 2 of 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 5 3 of 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 5 4 of 4
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 1 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 2 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 3 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 4 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 5 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 6 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 7 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 8 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 9 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 10 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 11 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 12 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 13 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 14 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 15 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 16 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 17 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 18 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 19 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 20 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 21 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 22 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 23 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 24 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 25 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 6 26 of 26
mark dixon/pcso complaints/9-5-10
EXHIBIT 7 1 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 7 2 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 7 3 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 7 4 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 7 5 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 7 6 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 7 7 of 7
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 1 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 2 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 3 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 4 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 5 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 6 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 7 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 8 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 9 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 10 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 11 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 12 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 13 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 14 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 15 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 16 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 17 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 18 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 19 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 20 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 21 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 22 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 23 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 24 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 25 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 26 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 27 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 28 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 29 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 30 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 31 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 32 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 33 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 34 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 35 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 36 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 37 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 38 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 39 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 40 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 41 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 42 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 43 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 44 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 45 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 46 of 52
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 47 of 52
01/26/201013:29
PINAL COUNTY SHERIFF'S OFFICELAW Incident Table: Page;
259
Incident Number: 091202091Natura, TRAFFIC OFFENSE Case !iumber: 091201072 tIllage:
Addr~ 10360 W PASADENA OR Area: C16City: CASh GRANDE St: AZ Zip: Contact: A GOODE
Complainant& 3131295Lst: 1457 GOODE Fst: ANDREW Mid,DOB: /! SSN: Adr: pesoRae: Sx; Tel: ( Cty: FLORENCE St: liZ Zip: 85232
Reported: 5499
I~O:
Narrative 1 (See below)Supplement:
Observed: 5405
CAD Call rD: CS774S415,01,01 12/02/2009 98CLR CLEARED BY ARRESTS Disp Date: 12/02/2009
Agency: PCSOLast RadLog:
Clear,mce,Disposition,
Judicial Sts;Misc Entry:
5405LT131\ GOODEA GOODEN ESTRADAo OFFICER REPORT14,54,33 12/02/200914:25:38 12/02/200914:54:33 12/02/2009
Offense Codes:Circumstances:
Rspndg Officers;Rspnsbl Officer,
Received By:HOW Received:
When Repor<ted:Occurrd between:
and~
INVOLVEMEN'1"S:Type Record #L~l 091201072NM 000044907NM 3131295CT 493560VR 136792CA C577494DS 40986OS 40694
Date12/01/2009
/ // /
12/02/2009/ /
12/02/200901/11/201012/17/2009
DescriptionTHEFTDIXON, MARK EDWARD1457 GOOOE, ANDREWDRIVE W/LIC SUSPENDED FTA/FTPWHI 2002 FORD FIS014,54 12/02/2009 TRAFFIC OFFEN
DET. ANDREW GOODE #1457CAO
RelationshipCONNECTED CASESUSPECT/CITED
-ComplainantCIT!M. nIXONVEHICLE rl<~OLVED
*Illitiating CallRECEIVEDRECEIVED
Lsw Incident Case Numbers,Case Numben.
Seq Number1 091201072
LAW Incident Offenses Detail~
Offense CodesSeq Code
1 5405 DRIVING SUSP/REVOKED DRIV LICAmount
0.00
Oissetninatlon '$ restficted to criminatJu.sttGe AgOOO$$ atlt1 alJli\cri~EHj N~fi-~"J.Ant;jnc1'~$ ONLY Secf>ndnr'j alss~llunah.OOto'unau\tlO(iled fi9J;;.iOCICS is PROHI8IT_v.
PlNALCOUNTYSBERIFFSC£PT.OATE 1-·;;..10 ! 0Cq l:a-O a-oq I
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 48 of 52
HIGHWAY/ROAD/ALLEY
LAW Incident. C.l;r;cumstances;ContxihuUng Circumst"u';es
Comme.ntsWOODRUFF/MANCHESTER
Seq Code1 LT13
LAW Incident Responders DetailResponding Officers
S~q Name Unit1 A GOODE 1457
Main Radio Log Tahle:Time/Date15:09:01 12/02/200914:55:04 12/02/2009 1
Unit14571457
Code Zone98 ClSARRVO C1a
Aguc Descriptionpeso incidll~091202091 DCS AND 8 disPCSO incid#m091202091 Traffic StOP
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 49 of 52
Narrat,ive:
PINALCOUNTY SHERI FF 'S OFFICEINCIDENT REPORT
DR II: 091202091h~ITTEN BY: Detective A. Goode 111457APPROVED BY: Sgt. P. LeBlanc #466
INCIDENT TYPE, Driving while Suspended
CASE TYPE: Drive with license suspe.nded for FTA/r"l'P
ATTACHMENTS: Arizona Traffic Ticket and Complaint 493560
EVIDENCE LIST: None
!·l.'\JZR.."'TIVE: On 12/02/09, I was assig·ned as a Detective to the Pinal CountySheriff's Office (peSO), Criminal Investigations Bureau (CIS) Property CrimesDivision. On this day 1 was driving my agency assigned unmarked vehicle #23314which is equipped with emergency lights and siren and I was dressed in plainclothes with a metal Pinal County Sheriff's Office badge affixed to my beltbeside my d.uty we.apon_ As part of Detective Sergeant LeBlanc'S inve-stigati,ou,Departme.ntal Report #091201072, r was conducting am:veil1a:nce in the area, ofN01.-th Bel Air Road and West Pa.sadena Drive in Casa Grande (Final County)}Arizona. Sergeant LeBlanc and Detective Pile were on their way to meet me aft.erI discovered the suspect under investigation may be in the residence allowing usto conduct a ~~ock and talk, instead of a search warrant.
At approximately 1423 hours, I observed a white male exit the residence locatedat 10380 W. Pasadena Drive, Casa Grande, Arizona. The male paused beforegetting into a white Ford pick-up truck, bearing Arizona license plate 794RDII.I phoned Sergeant LeBlanc and advised 1 would be following the vehicle from theresidence. Sergeant LeBlanc advised they we~'e on their way from the area ofMcCartney Road. The truck headed north on Sel Air Road to the stop sign atwoodruff Road. I followed. The vehicle came to a complete stop AAnd then turnedeast (right) on Woodruff Road, fail'ing to signal his turn. r advised pesoDispatch of my traffic stop and activated my emergency light-ing, giving twoshort bursts of my siren. The vehicle yielded to the south gravel shoulder ofWoodruff Road, west of Manchester Road. I exited my vehicle and approached thedriver's side of the Ford t~~ck making contact with the driver.
I introduced myself to the driver and requested his driver's license,registration and insurance. Lying do~~ in the passenger seat was a brown &white dog, possibly the Collie as reported stolen in Sergeant ~eBlanc's case.The driver asked me why he was being stopped and stated to me, "I suppose yourst-opping me about my ex .. wife and the dog". I advised him he was stopped fortailing to signal his turn from the stop sign at Bell\ir Road. The driver said
was just on my way to see you guygN. ! asked if he was planning on turningdog over Co Ull and he said "no". The white male pl:ovided me with an Arizona
Drivers License B14794295, identifying himself as Mark Edward Dixon (DOa,11/12/64l. Mark asked it he could get out of the vehicle and 1 asked him toremain seated in the vehicle. Mark could no~ provide me wi~h registration or
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 50 of 52
insurance paperwork.
I return.ed t.o my vehicle to run a wants and warrancs search on Ma.x-k and hisvehicle. On the return I was advised hy peso Dispatch Mark's driving privilegeshas been suspended. I phoned Sergeant LeBlanc to let him know my location andinformation. I reque9ted a. driving history on Ma"rk and was advised ~i.s driver'Slicense was suspended (X3) for failure to appear hy the Casa Gr<lnde City CO\lrton 11/03/09 ,md he was mai.led the sus.pension on the S<lme date.
At approximately 1429 hours, Sergeant LeBlallC and Detective Pile ~1777 arrivedon my traffic stop. Sergeant LeBlanc spoke to Mark whUe he was still seated inthe vehicle. Mark was advised by Sergeant LeBlanc to drive his vehicle back tohis residence and ",'e would follow him there. We arr!VflO h",ck at the residenceand sergeant LeBlanc continued his investigation. Mark advised he had takencare of the issues with the court and there must be some kind ot mistake causinghis license to be suspended~ Mark could not provide any documentation tosupport his claim. I asked Mark if he received the notification from the courtand he said it is probably in his unopened mail in the house. I served Markwith an Arizona Traffic Ticket and Complaint #493560 for Arizona Revised Statute28-3473.C, DriVing while Suspended for Failure to Appear (FTA) / Failure to Pay(FTP) .
Mark signed the citation, ,,,'as provided with a copy and was the.D released with averbal warning for the turn signall registra-tion and insurance violar.ions.Hark'S vehicle which was now parked in his driveway was turned over to his son.effecting the immobilization per ARS, 28-3511. Mark was advised if he were todrive the vehicle again before reinstat'i?ment of hi-a license it "ould beimpounded for 30 days. Mark'S driver's license was later secured in the MVDDestruction box at the peso San Tan Substation.
For further related case information, see Sergeant LeBlano's Case Report091201072 .
rnere is nothing further to report at this time.
CASE STATUS, Closed
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 51 of 52
Anwna lOUnc 1leJ<el anu UlmpillW<
IJudJe'--';;l;on~...,..,__~ ---.,_--'_-L.!L.l=!Z:;:~i~ou must appear at: 1;"-.,=""...l:Ja.;..s;~.ul'!!';:.h!I.!IJ=!.L$.£L -,.= 1
at the date and time indicated
au:MiN.M.;.~~~i~"~ll'l~~avnt O~~~~l~~tif41~
-- ------------------_ .._-- ----IORIGINAl COMPLAINT
mark dixon/pcso complaints/9-5-10
EXHIBIT 8 52 of 52
Invoice Number Account Number Date Due Page
0823775382 963292042-00001 01/05/10 11 of 58
Detail for Dixon Mark: 520-705-2945
Voice, continuedAirtime Long Dist/
Date Time Number Rate Usage Type Origination Destination Min. Charges Other Chgs Total
11/17 8:47A 602-712-1515 Peak PlanAllow Casa Grand AZ Phoenix AZ 1 -- -- --
11/17 8:49A 602-542-1525 Peak PlanAllow Casa Grand AZ Phoenix AZ 3 -- -- --
11/17 8:52A 602-542-1525 Peak PlanAllow Sacaton AZ Phoenix AZ 3 -- -- --
11/17 8:56A 602-712-1515 Peak PlanAllow Sacaton AZ Phoenix AZ 3 -- -- --
11/17 8:59A 602-542-1525 Peak PlanAllow Sacaton AZ Phoenix AZ 4 -- -- --
11/17 9:04A 602-332-2053 Peak M2MAllow Sacaton AZ Phoenix AZ 1 -- -- --
11/17 10:01A 602-881-0696 Peak M2MAllow Sacaton AZ Gilbert AZ 1 -- -- --
11/17 10:02A 480-283-3740 Peak M2MAllow,CallWait Sacaton AZ Incoming CL 20 -- -- --
11/17 10:22A 000-000-0086 Peak PlanAllow,CallVM Sacaton AZ Voice Mail CL 1 -- -- --
11/17 10:31A 480-292-0255 Peak M2MAllow Sacaton AZ Phoenix AZ 1 -- -- --
11/17 10:33A 520-483-9697 Peak M2MAllow Casa Grand AZ Casagrande AZ 9 -- -- --
11/17 11:00A 520-483-9697 Peak M2MAllow Casa Grand AZ Casagrande AZ 4 -- -- --
11/17 11:14A 480-283-3740 Peak M2MAllow Casa Grand AZ Tempe AZ 2 -- -- --
11/17 11:16A 520-709-9800 Peak M2MAllow Casa Grand AZ Casagrande AZ 3 -- -- --
11/17 11:21A 480-330-5225 Peak M2MAllow Casa Grand AZ Mesa AZ 5 -- -- --
11/17 11:26A 520-483-9697 Peak M2MAllow Casa Grand AZ Casagrande AZ 1 -- -- --
11/17 12:07P 480-283-3740 Peak M2MAllow Casa Grand AZ Tempe AZ 1 -- -- --
11/17 12:08P 520-483-9697 Peak M2MAllow Casa Grand AZ Casagrande AZ 6 -- -- --
11/17 12:13P 602-577-5286 Peak M2MAllow,CallWait Sacaton AZ Incoming CL 3 -- -- --
11/17 12:15P 520-866-7417 Peak PlanAllow,CallWait Sacaton AZ Incoming CL 3 -- -- --
11/17 12:18P 520-483-9697 Peak M2MAllow Casa Grand AZ Casagrande AZ 3 -- -- --
11/17 12:20P 480-292-0255 Peak M2MAllow,CallWait Casa Grand AZ Incoming CL 11 -- -- --
11/17 12:38P 520-483-9697 Peak M2MAllow Sacaton AZ Casagrande AZ 4 -- -- --
11/17 1:14P 480-283-3740 Peak M2MAllow Sacaton AZ Tempe AZ 1 -- -- --
11/17 1:34P 602-881-0696 Peak M2MAllow Casa Grand AZ Incoming CL 1 -- -- --
11/17 2:03P 480-505-3332 Peak PlanAllow Sacaton AZ Incoming CL 9 -- -- --
11/17 2:12P 480-320-2262 Peak PlanAllow Casa Grand AZ Incoming CL 6 -- -- --
11/17 2:31P 520-483-9697 Peak M2MAllow Sacaton AZ Casagrande AZ 1 -- -- --
11/17 2:43P 520-709-9800 Peak M2MAllow Sacaton AZ Casagrande AZ 3 -- -- --
11/17 2:46P 520-709-3098 Peak M2MAllow,CallWait Sacaton AZ Incoming CL 1 -- -- --
11/17 2:46P 520-709-9800 Peak M2MAllow Sacaton AZ Casagrande AZ 2 -- -- --
11/17 3:10P 520-483-9697 Peak M2MAllow Casa Grand AZ Casagrande AZ 4 -- -- --
11/17 3:34P 602-332-2053 Peak M2MAllow Sacaton AZ Phoenix AZ 4 -- -- --
11/17 4:39P 480-283-3740 Peak M2MAllow Sacaton AZ Incoming CL 2 -- -- --
11/17 4:40P Unavailable Peak PlanAllow,CallWait Sacaton AZ Incoming CL 2 -- -- --
11/17 5:18P 520-709-3098 Peak M2MAllow Sacaton AZ Incoming CL 1 -- -- --
11/17 6:28P 520-483-9697 Peak M2MAllow Casa Grand AZ Casagrande AZ 11 -- -- --
11/18 4:59A 520-483-9697 Off-Peak M2MAllow Sacaton AZ Casagrande AZ 2 -- -- --
11/18 5:26A 520-483-9697 Off-Peak M2MAllow Casa Grand AZ Casagrande AZ 2 -- -- --
11/18 6:21A 602-332-2053 Peak M2MAllow Sacaton AZ Incoming CL 4 -- -- --
11/18 6:25A 602-881-0696 Peak M2MAllow Sacaton AZ Gilbert AZ 1 -- -- --
11/18 6:28A 602-332-2053 Peak M2MAllow Sacaton AZ Phoenix AZ 1 -- -- --
11/18 6:36A 602-881-0696 Peak M2MAllow Sacaton AZ Gilbert AZ 4 -- -- --
11/18 7:18A 520-251-1449 Peak PlanAllow Sacaton AZ Casagrande AZ 7 -- -- --
11/18 7:30A 520-251-1449 Peak PlanAllow Casa Grand AZ Incoming CL 15 -- -- --