Four years after Phoenix police colluded with county prosecutors to invent a fake gang and falsely charge protesters as members, officials finally decided that the officers involved in the arrests will not face any criminal repercussions.
A criminal investigation recommended that charges should be considered against eight officials – seven officers and one prosecutor.
But in a declination letter, Pinal County Attorney Kent Volkmer wrote his office’s incident review board would not bring a case.
“It is the opinion of this Board that none of the (individuals) committed any acts that warrant criminal prosecution,” according to the letter.
A defense attorney for the falsely charged protesters disagreed.
“I believe there’s more than enough evidence to bring that to a jury,” said attorney Christina Carter. She added, “I think it speaks to there’s not accountability. There’s no real accountability.”
POLITICALLY CHARGED: ABC15 investigates Phoenix protest arrests
The criminal investigation was farmed out to retired FBI agent James Egelston because a handful of other Arizona law enforcement agencies refused to investigate the scandal. Egelston’s investigation was submitted to the Pinal County Attorney’s Office because of Maricopa County’s role in falsely charging the protesters.
Egelston declined an interview request.
Volkmer, who made the decision not to prosecute during the remainder of his lame-duck term, did not respond to multiple interview requests.
Phoenix Police Chief Michael Sullivan also did not agree to be interviewed.
The criminal investigation was launched during the fallout from ABC15’s “Politically Charged” series, which exposed how Phoenix police and the Maricopa County Attorney’s Office targeted and falsely charged protesters in multiple cases.
In his report, Egelston found the following five officers wrote false reports and felony charges should be considered for tampering with a public record: Officer Joseph Crowley, Sgt. James Groat, Officer George Herr, Det. Adam Legere, and Officer Alex Volk.
Most of the false reports were written about a group of protesters arrested on Oct. 17, 2020.
In that case, police arrested a group of 17 protesters in downtown Phoenix and then invented a gang and charged them as members. One of the people arrested was Ryder Collins, who was accidentally swept up by officers but remained charged for months without any evidence.
The criminal investigation also recommended perjury charges related to the October 2020 case for Sgt. Doug McBride and now-former MCAO prosecutor April Sponsel.
Before a grand jury, the two repeatedly presented false information about the protestors and said the group was a “documented” gang that was similar to the Bloods, Crips, and Hells Angels.
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Egelston’s investigation further confirmed ABC15 reporting that showed McBride and Sponsel were part of a core group of officials who invented the gang and then worked to try and create evidence after charging the protesters.
All charges were quickly dismissed after ABC15 exposed the scandal with a judge blasting officials for their collusion and false statements.
The Department of Justice also found Phoenix falsely charged the protesters as did a pair of outside investigations commissioned by the city and MCAO. In addition, the county recently settled with the protesters for $6 million. [Phoenix is still fighting the lawsuit.]
But despite those findings of fault, the Pinal County attorney said the evidence didn’t meet a criminal standard.
“The proposed charge of Tampering with a Public Record requires proof beyond a reasonable doubt that a person knowingly made a false statement in a public record and that the person did so with the intent to defraud or deceive,” Volkmer wrote. “The proposed charge of Perjury requires proof that an individual made a false statement while believing it to be false.”
Egelston’s investigation also recommended a misdemeanor assault charge against Officer Christopher Turiano.
During his review, the retired FBI agent found body camera footage following a protest that showed Turiano push a bystander down to the ground without a legitimate reason.
ABC15 has reported on multiple past issues with Turiano, who’s on the “Brady” list for excessive force.
Phoenix police released the following statement about the criminal investigation and decision by PCAO not to prosecute:
"The City asked the Maricopa County Sheriff’s Office to investigate, who engage retired FBI Agent James E. Egleston to conduct an independent, third-party investigation. Upon completion, his report was submitted to Pinal County for a criminal review. The Pinal County Attorney’s Office (PCAO) concluded that "none of the individuals listed above committed any acts that warrant criminal prosecution." The Phoenix Police Department’s Professional Standards Bureau suspended the internal investigation during the criminal investigation process. However, following the receipt of the declination letter from PCOA at the end of September, the administrative investigation resumed. The department is now actively reviewing hundreds of pages of documents to bring the internal investigation to a conclusion. "
Mass Liberation Arizona, an group that advocated for the protesters, also released a statement:
"Phoenix police lied to arrest protesters, fabricated gang charges, and weaponized the law to retaliate against their critics. These weren’t mistakes—they were deliberate acts of violence. The Phoenix Police Department’s corruption has poisoned our city, and the cover-up continues to spread. Resignations and firings—including Jeri Williams, Michael Kurtenbach, and others—reveal the depth of this scandal. The Pinal County Attorney’s refusal to hold these corrupt police and prosecutors accountable, despite clear evidence of their misconduct, highlights how this unethical system is designed to protect itself. Participating in this cover-up is a poor and career-ending decision and Pinal County should seriously reconsider its complicity before facing irreversible consequences. Our community will not let this go. We won’t stop until everyone involved is held accountable and this Phoenix cop cover-up is completely dismantled. "
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
