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    • Sign destruction case against Chandler Vice Mayor OD Harris dismissed
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    Sign destruction case against Chandler Vice Mayor OD Harris dismissed

    Umito Posted on

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    The case alleging that Chandler Vice Mayor OD Harris criminally destroyed a political sign during this summer’s primary election was dismissed by a judge, who ruled Oct. 16 that there was no sufficient probable cause to pursue charges, but that the case could be reopened in the future.

    The case stems from an incident on July 28, when a political sign was “torn down” in downtown Chandler, near Hearthstone Way and Chandler Boulevard. It belonged to a group called “Vote Out OD Harris” who campaigned against Harris, who is black, with messages often tinged with racism.

    But the signs still constitute political speech protected by law, so Chandler police began investigating the incident. In a September 26 report, the department accused Harris’ wife, Elizabeth Ward, of being one of two women who destroyed the sign and claimed that Harris himself was their getaway driver. The department’s findings include:

    • Several resident witnesses, who were not affiliated with the anti-Harris campaign, testified that the fleeing driver looked exactly like Harris when they saw him about ten feet away.
    • Harris confirmed that he, his wife and another woman were driving that day to “fix” political signs, including at the intersection. He told detectives he didn’t see what his wife was doing because he may have been watching YouTube.
    • Harris confirmed that he was driving the alleged getaway car and that his wife was wearing a green dress that day. Witnesses filmed a woman in a green dress carrying a political sign at that intersection, and the car Harris was driving was caught on security video “driving fast” from the scene.

    Learn more about the police report: Police charge Chandler Vice Mayor OD Harris in political vandalism case

    Scottsdale prosecutors took over the case earlier this month to avoid a conflict of interest with Chandler. They charged Harris on Oct. 9 with a Class 2 misdemeanor, punishable by up to four months in jail and a $750 fine.

    But Judge Jennifer Jermaine of San Marcos Court in Chandler declined to summon Harris to court, ruling there was no probable cause to charge him. She dismissed the case without prejudice, meaning prosecutors can charge Harris again for the same incident in the future if they present more evidence.

    “The court finds that the State probably lacks grounds to sustain the enumerated claim … against defendant,” the judge wrote in an opinion. The judge did not provide further information about her decision.

    Harris denies any wrongdoing. He has not responded to requests for comment from La République since published a survey over the summer, the vice mayor did not complete his contract in the US National Guard. The Republic later noted that he overestimated his military serviceas well as other gaps in his life story.

    A murky background: Questions surface about the life story of Chandler council member OD Harris.

    Harris told other media outlets that the charges were the result of a conspiracy by the Chandler Police Department against him. Harris referenced a feud between former Chief Sean Duggan’s administration and the police union, saying his support for the latter had put Harris in the crosshairs of some senior police officials.

    Chandler spokesman Matt Burdick told The Republic via email that Harris’ allegations against the police department “will be reviewed by an outside agency to avoid the possibility of real or perceived conflicts influencing the outcome. We “Let us respect this process and reserve our comments until it is obtained.” arrived at a conclusion. »

    Similarly, Scottsdale prosecutors handled the criminal case against Harris to prevent bias from seeping into the legal process. It was up to them alone to decide whether the charges were worth bringing.

    Prosecutors argued in an Oct. 15 brief that the judge would be violating state law if she refused to issue Harris the summons, which is essentially a notice to appear in court. They cited Arizona laws that say judges can only dismiss arrest warrants based on probable cause, but must issue a summons if it is signed by a prosecutor.

    The judge did not address this argument in any of the documents obtained by The Republic. A day later, she closed the case.

    Former Maricopa County Deputy Prosecutor Tim La Sota said the next step for Scottsdale prosecutors would be to appeal the court’s decision to Maricopa County Superior Court, if they still wish to pursue the charges against Harris.

    Scottsdale spokeswoman Holly Peralta told The Republic that “the Scottsdale City Attorney’s Office does not agree with this dismissal and is currently evaluating legal remedies or options to pursue.” She provided no further details.

    Kelly Corsette, another Scottsdale spokeswoman, said in an email that the city is “looking into a matter related to” Harris Wife. He wrote that “the matter is still under review” as of October 24.

    Reporter Sam Kmack covers Tempe, Scottsdale and Chandler. Follow him on @KmackSam or contact him at [email protected].

    Umito
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