Casa Grande, Az. 85130 Md20033@yahoo.com 520-705-2945
September 6, 2010
Pinal County Sheriff's Office Paul Babeu 971 Jason Lopez Circle Building C Florence, AZ 85132 Paul.Babeu@pinalcountyaz.gov
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 doings 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. Cashmans 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. Goodes 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 Attorneys 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 Clarks 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 Dixons 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. Carks 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 procedures 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 misdemeanors 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 Dixons 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. Guillens 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 its 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 sheriffs 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 Grande Brett Wallace, City Attorney 510 E. Florence Blvd. Casa Grande, Az. 85122 SENT BYFAX. CERTIFIED MAILRETURNIRECIEPTREQUESTEDAND EMAIL Mr. Wallace, I received an email March 11,2010, from Edith Regan, the City Clerk's Office Assistant regarding my Public Record Request. She indicated a need for clarification regarding Section 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 employee Rachel Guillen. To clarify my request please provide all payroll records beginning the pay period which includes Sunday, January 3, 2010, thru the current pay period, including all time cards, electronic signatures, official leave and earnings statements, and all approved comp time/overtime requests for the City of Casa Grande employee Rachel Guillen. For clarification on Section III item 1, Ms. Regan replied "We are not in possession of any responsive documents". The information provided in response to my February 22, 2010 request included a printout from the Casa Grande Animal Hospital. This document was apparently utilized as the rabies certificate for issuance of the dog license and receipt# R10-000015. The printout from Casa Grande Animal Hospital had Mark Dixon's information "marked-out" as the owner and Carol Dixon's name, address and phone number hand written in, as the owner. The alteration of this document and subsequent use for receipt# RIO-00015 is in direct violation of ARS 11-1010 and City of Casa Grande Code. This constitutes a class 6 felony. For clarification on Section III item 2, Ms Regan replied "we are not in possession of any responsive documents". The information provided in response to my February 22, 2010 request included a printout from Avid, PETtrac Data Verification. This document was presented as documentation for receipt# R10-000016, registration of Avid microchip #036285557. The information attached to my request included a letter from Carter Metcalf DVM of Casa Grande Animal Hospital, and a certificate from Avid. The above mentioned printout from Casa Grande Animal Hospital clearly shows that the microchip was implanted by John McWhirter DVM practicing at Casa Grande Animal Hospital, not Dr. James Hapak of the Small Animal Clinic PC. Again submitting the altered document with falsified information as a public record is in direct violation of ARS 11-1010, which again constitutes a class 6 felony. In our meeting on Wednesday, March 10,2010, we discussed the City of Casa Grande's liability 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 should remind you that Carol Dixon is in violation of ARS 11-1008 (E), which is a class 2 misdemeanor. You informed me that you, as City Attorney, did not have the authority to prosecute a felony charge as this authority is reserved by the Office of the Pinal County Attorney. I advised you that I would be glad to prefer charges through the Casa Grande Police Department, but questioned whether they would even take a report without your authorization, you nodded your head in agreement. Clearly you, as the City Attorney have 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 not willing to uphold your sworn duty and prosecute these violations. I will caution you at this time, this is unquestionably a continuance of the conspiracy started by Carol Dixon and the Pinal County Sheriffs Deputies which began on December 1,2009, as outlined in District Court Cases CIV'092650PHXSRB and CIV' 100325PHXDKD. By failing to pursue prosecution of these issues, considering the in depth knowledge you have with these cases, your inaction clearly implies that you and the City of Casa Grande may be participants in the conspiracies outlined in these two cases. I hereby give you formal notice and request that these allegations are to be added as additional charges to the claim against the City of Casa Grande which was properly served on the City of Casa Grande on February 2,2010. Please contact me in writing if my conclusions are unfounded. Sincerely, P.O. Box 12695 Casa Grande, Az. 85130 Phone (520)-705-2945 Email: md20033@yahoo.com Cc: Tom McMahon, Southwest Risk Services Scott Barber, City of Casa Grande 2
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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:
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-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 Sheriffs 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-husbands 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. Dixons 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 Sheriffs Office because all the civil courts could do was award her damages. 3. Lt. Tamatha Villar [Pinal County Sheriffs 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 Sheriffs 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 Dixons claim that Mr. Dixon stole her dog, that the matter was not a civil matter. DATED this 18 th 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 18 th day of June, 2010, to:
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-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 Pearllaw@hotmail.com
/s/ Heather Coover
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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
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-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 plaintiffs 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 plaintiffs 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 courts inquiries to the plaintiffs attorney that the plaintiffs attorney was not clear regarding the issues that were being raised by the plaintiffs complaint. As it was also made clear during the final pretrial conference that the Pinal County defendants attorney considered the issues raised by the plaintiffs complaint to be different than what was at least partially clarified by the courts inquiries to the plaintiffs 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 plaintiffs 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 plaintiffs 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 plaintiffs complaint. Those new factual allegations involve alleged actions by a Deputy County Attorney (which are denied) that have nothing to do with the plaintiffs 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
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-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 plaintiffs 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 plaintiffs 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 plaintiffs 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 3 rd 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
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-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 Pearllaw@hotmail.com (motion to withdraw pending)_
/s/ Heather Coover
Case 2:10-cv-00325-DGC Document 46 Filed 09/03/10 Page 4 of 4
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mark dixon/pcso complaints/9-5-10 EXHIBIT 3 2 of 19 PINAL-COUNTY W"Wt oprn "pporlunily Pinal County Animal Care and Control 764 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 Hours Monday - Friday 8:00AM - 5:00PM" Saturday 9:00AM - 12:00PM" Shelters CLOSED Sundays and Holidays Transaction 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-COUNTY Mb uptll DpprmlmilJ Pinal County Animal Care And Control P.O. Box 3061RS Casa Grande, AZ 85222 (520)509-3555 License Tag: L 0 8 ~ 0 2 5 8 5 1 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 address and 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 has veterinarian to rec ltered, you m t Include a copy of the altering certificate issued by your a 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 added if 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 valid through 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 on Saturdays. 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
...... Pinal County Animal Care and Control 764 . 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 DIXON PO BOX 12695 CASA GRANDE, AZ. 85194 Received From; MARl< DIXO Checlc. No: Rece;pt Date: Wednesday. October 28, 2009 PID. P064051 Phone: (520) 2052945 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: L09038672 10128110 A093285 10J2a109 12 101281 0 $20.00 LIe NALTER >TAL UCENSE FEES: S20.OO Cieri<' CathyF SHELTER .er HOUrS Monday Friday 8':ooAM - 5:00PM' Saturday 9-00AM. 12:00PM' EXHI BIT 2 Shelters CLOSED Sundays and Holidays Transaction Date 1012 9 Porn Date
mark dixon/pcso complaints/9-5-10 EXHIBIT 3 5 of 19 I 036285557 I MICROCHIP UM2>ER 1l1lllllll11lllll1llllII, AVID*036*285*557 AVID MicroChip DATe This Certifies t at__ --lo..C.aa..un.L!:jn.l.lOe _ ,,"ol,e SpeCiES Ausmman Shepherd ;tt4-30-0i has been identified with the above number by: John McWhirter, DVM Address BroWriJ White 1645 North Pinal Avenue, Casa Grande, AZ The holder of said animal 15 .,...........,.-,..,......-- _ 'Jo."e Mark Dixon P.O:1fox12695 Casa Grande, AZ 85230 transferable 0 lyon he books of Avid by the holder hereof in person or by attorney upon surrender of this certifica e properly endorsed. 111llli IfIDll[nll1 AVID*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 Dixon P.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 Hospilal 1645 onh Pinal Avenue Casa Grande. Arizona 85222 Phone: (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 Dixon P.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 Hospital 1645 North Pinal Avenue Casa Grande, Arizona 85122 Phone: (520) 836-5979 Fax: (520) 836-0391 Veterinarian: John McWhirter, DVM License Number: 3090 g ~ ~ ~ g n ~ W ~ ~ pJY)
mark dixon/pcso complaints/9-5-10 EXHIBIT 3 8 of 19 INVOICE Casa Grande Animal Hospital 1645 N. Pinal Ave. Casa Grande, AZ 85122 520-836-5979 FOR: MarK Dixon P.O. Box12OO5 Casa Grande, AZ 85230 Printed: Date; Account: Invoice: 10-28-09 at 336p 10-28-09 6753 298089 Date For Net Price Services by John McWhirter, DVM 10-28-09 SMo 10-28-09 1028-09 10-28-09 10-28-09 10-28-09 10-28-09 1 DHLPP+Corona - Booster 1 Bordatella Canine - Intranasal 1 Rabies - Canine 1 Year 1 HeartwormlErt1lichiaflymeslAP Test 1 Microchip Placement 1 OffiCe Visit - We!lness Exam - Sm Animal 6 Heartgard Plus Green 1 month 16.00 8.00 8.00 30.00 .... 33.00 24.00 3499 Services by 10-28-09 Visa. payment -153.99 Old balance 0.00 Charges payments 153.99 153.99 Discount 22,00- New balance 0.00 Your invoice total reflects our (unnamed) discou.nt. 10-28-09 1028-09 10-28-09 10-28-09
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I: ,5 OCT tS, a, S/liCIH is! ..__ .... _.__... 1028-10 DHLPP+Corona - Booster 10-28-10 Heartworm Test 10-28-10 Bordatella - Canine - Jntranas 10-2810 Rabies - Canine - 3 Year 0426-10 Heartgard Plus Preventative Doctor's Instructions Microchip Placement If any changes to your acklress and phone please oonlact Casa Grande Animal Hospital so we can update your microchip lnfonnation. TOTAL 51.53.99 Rabies - Canine - 1 Year Pinal County Rabies/Animal Control, P.O. Box 3061 Cass Grande, p,;z 85294 Phone: 509-3555 Cass Grande City Hall. 510 E. Florence Blvd. ! AERiE 10 PQ'I IittORliIIlt 10 C.. AGRitm iF CGP'i EXHIBIT 4
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mark dixon/pcso complaints/9-5-10 EXHIBIT 3 10 of 19 City of Casa Grande 510 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 DIXON 720 W O'NEIL DR #232 CASA 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: o Veterinarian: HAPAK 10 G001419 RGuilien SHELTER
CitY Hall: 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 Grande 510 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 DIXON 720 WO'NEIL DR #232 CASA 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: ThankYoul Change: 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: 10128109 Term: 12 Expires: 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 SIlellwClOSEDWeekends ami HollGays TfllllSaClIon Date: 01103/10
mark dixon/pcso complaints/9-5-10 EXHIBIT 3 12 of 19 PINAL'COU 'TV
Pinal County Animal Care and Control 764 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 s aturday 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 P007938 MARK DIXON 7496 N EVANS RD COOLIDGE, AZ 85228 TAG INFORMATION PERSON DOCUMENT 02/03/10 (520) 705-2945 520-705-2945 ANIMAL 10 A009396 A055356 A055356 NAME LADDY SHILOH SHILOH TAG NO L04-032221 L08-018400 L08-025851 TYPE Lie SN L1C UNALTER L1C UNALTER TAGEXP 08/02/05 08/15/08 09/04/09 C:\Proaram Files\Chameleon Software\Chameleon\Crvstal\Person.rot
mark dixon/pcso complaints/9-5-10 EXHIBIT 3 14 of 19 PERSON INFORMATION P064051 MARK DIXON 10380 W PASADENA DR CASA GRANDE, AZ 85194 TAG INFORMATION PERSON DOCUMENT 02/03/10 (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 NOTE 1-29-10 released copies of the license information for Shiloh to Mr. Dixon. He presented a written request. f. valenzuela M10-037708 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 the amount of $5.00. I (Faye) told him the dogs record had been marked as "Moved Away" He stated to me that he had not moved 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 INFORMATION P064051 MARK DIXON 10380 W PASADENA DR CASA GRANDE, AZ 85194 TAG INFORMATION PERSON DOCUMENT 02/03/10 (520) 205-2945 ANIMALID A093285 A093285 A093285 NAME SHILO SHILO SHILO TAG NO L10-041767 036285557 L09-038672 TYPE L1C REP MICROCHIP Lie UNALTER TAG EXP 10/28/10 10/28/10 10/28/10 MEMO HISTORY MEMONO DATE TYPE M10-037336 01/29/1012:00 NOTE 1-29-10 released copies of the license information for Shiloh to Mr. Dixon. He presented a written request. f. valenzuela M10-037708 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 the amount of $5.00. I (Faye) told him the dogs record had been marked as "Moved Away" He stated to me that he had not moved and has been separated/divorced from his wife and would like this license to be re-activated again in his name. F. Valenzuela C:\Proaram Files\Chameleon Software\Chameleon\Crvstal\Person.mt
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mark dixon/pcso complaints/9-5-10 EXHIBIT 8 47 of 52 01/26/2010 13:29 PINAL COUNTY SHERIFF'S OFFICE LAW Incident Table: Page; 259 Incident Number: 091202091 Natura, TRAFFIC OFFENSE Case !iumber: 091201072 tIllage: 10360 W PASADENA OR Area: C16 City: CASh GRANDE St: AZ Zip: Contact: A GOODE Complainant& 3131295 Lst: 1457 GOODE Fst: ANDREW Mid, DOB: /! SSN: Adr: peso Rae: Sx; Tel: ( Cty: FLORENCE St: liZ Zip: 85232 Reported: 5499
Narrative 1 (See below) Supplement: Observed: 5405 CAD Call rD: CS774S4 15,01,01 12/02/2009 98 CLR CLEARED BY ARREST S Disp Date: 12/02/2009 Agency: PCSO Last RadLog: Clear,mce, Disposition, Judicial Sts; Misc Entry: 5405 LT13 1\ GOODE A GOODE N ESTRADA o OFFICER REPORT 14,54,33 12/02/2009 14:25:38 12/02/2009 14:54:33 12/02/2009 Offense Codes: Circumstances: Rspndg Officers; Rspnsbl Officer, Received By: HOW Received: When Repor<ted: Occurrd between:
INVOLVEMEN'1"S: Type Record # 091201072 NM 000044907 NM 3131295 CT 493560 VR 136792 CA C577494 DS 40986 OS 40694 Date 12/01/2009 / / / / 12/02/2009 / / 12/02/2009 01/11/2010 12/17/2009 Description THEFT DIXON, MARK EDWARD 1457 GOOOE, ANDREW DRIVE W/LIC SUSPENDED FTA/FTP WHI 2002 FORD FIS0 14,54 12/02/2009 TRAFFIC OFFEN DET. ANDREW GOODE #1457 CAO Relationship CONNECTED CASE SUSPECT/CITED -Complainant CIT!M. nIXON VEHICLE *Illitiating Call RECEIVED RECEIVED Lsw Incident Case Numbers, Case Numben. Seq Number 1 091201072 LAW Incident Offenses Offense Codes Seq Code 1 5405 DRIVING SUSP/REVOKED DRIV LIC Amount 0.00 Oissetninatlon '$ restficted to criminat Ju.sttGe AgOOO$$ atlt1 ONLY Secf>ndnr'j to'unau\tlO(iled fi9J;;.iOCICS is PROHI8IT_v. PlNALCOUNTYSBERIFFSCPT.OATE 1-;;..10 ! 0 Cq l:a-Oa-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.nts WOODRUFF/MANCHESTER Seq Code 1 LT13 LAW Incident Responders Detail Responding Officers Name Unit 1 A GOODE 1457 Main Radio Log Tahle: Time/Date 15:09:01 12/02/2009 14:55:04 12/02/2009 1 Unit 1457 1457 Code Zone 98 ClS ARRVO C1a Aguc Description peso DCS AND 8 dis PCSO incid#m091202091 Traffic StOP
mark dixon/pcso complaints/9-5-10 EXHIBIT 8 49 of 52 Narrat,ive: PINALCOUNTY SHERI FF 'S OFFICE INCIDENT REPORT DR II: 091202091 BY: Detective A. Goode 111457 APPROVED 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 assigned as a Detective to the Pinal County Sheriff's Office (peSO), Criminal Investigations Bureau (CIS) Property Crimes Division. On this day 1 was driving my agency assigned unmarked vehicle #23314 which is equipped with emergency lights and siren and I was dressed in plain clothes with a metal Pinal County Sheriff's Office badge affixed to my belt beside 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, of N01.-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.er I discovered the suspect under investigation may be in the residence allowing us to conduct a and talk, instead of a search warrant. At approximately 1423 hours, I observed a white male exit the residence located at 10380 W. Pasadena Drive, Casa Grande, Arizona. The male paused before getting 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 the residence. Sergeant LeBlanc advised they on their way from the area of McCartney Road. The truck headed north on Sel Air Road to the stop sign at woodruff Road. I followed. The vehicle came to a complete stop AAnd then turned east (right) on Woodruff Road, fail'ing to signal his turn. r advised peso Dispatch of my traffic stop and activated my emergency light-ing, giving two short bursts of my siren. The vehicle yielded to the south gravel shoulder of Woodruff Road, west of Manchester Road. I exited my vehicle and approached the driver's side of the Ford making contact with the driver. I introduced myself to the driver and requested his driver's license, registration and insurance. Lying in the passenger seat was a brown & white dog, possibly the Collie as reported stolen in Sergeant case. The driver asked me why he was being stopped and stated to me, "I suppose your st-opping me about my ex .. wife and the dog". I advised him he was stopped for tailing 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 turning dog 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 to remain seated in the vehicle. Mark could provide me registration or
mark dixon/pcso complaints/9-5-10 EXHIBIT 8 50 of 52 1.
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3. insurance paperwork. I return.ed t.o my vehicle to run a wants and warrancs search on Ma.x-k and his vehicle. On the return I was advised hy peso Dispatch Mark's driving privileges has been suspended. I phoned Sergeant LeBlanc to let him know my location and information. I reque9ted a. driving history on Ma"rk and was advised driver'S license was suspended (X3) for failure to appear hy the Casa Gr<lnde City CO\lrt on 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 arrived on my traffic stop. Sergeant LeBlanc spoke to Mark whUe he was still seated in the vehicle. Mark was advised by Sergeant LeBlanc to drive his vehicle back to his residence and ",'e would follow him there. We arr!VflO h",ck at the residence and sergeant LeBlanc continued his investigation. Mark advised he had taken care of the issues with the court and there must be some kind ot mistake causing his license to be Mark could not provide any documentation to support his claim. I asked Mark if he received the notification from the court and he said it is probably in his unopened mail in the house. I served Mark with an Arizona Traffic Ticket and Complaint #493560 for Arizona Revised Statute 28-3473.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 a verbal 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 to drive the vehicle again before reinstat'i?ment of hi-a license it "ould be impounded for 30 days. Mark'S driver's license was later secured in the MVD Destruction box at the peso San Tan Substation. For further related case information, see Sergeant LeBlano's Case Report 091201072 . rnere is nothing further to report at this time. CASE STATUS, Closed
mark dixon/pcso complaints/9-5-10 EXHIBIT 8 51 of 52 3.
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7. Anwna lOUnc 1leJ<el anu UlmpillW< __ i must appear at: -,.= 1 at the date and time indicated
avnt -- ------------------_ .. _-- ----I ORIGINAl 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, continued Airtime 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 -- -- -- Cpl. Stephen Clark office phone number