Synopsys

#Cops Lies Matter

 

I will show you evidence to prove that cops lie and get away with it.  If you scroll down you will read what happened to Michael Micolo in the early morning hours of May 17th 2014.  You will see how a young mans dreams of becoming a Radiation Therapist were stolen from him on account of Cops Lies and why I feel, they are becoming the hunted because of their fellow brothers who help to cover up their crimes. 

To anyone who may be in law enforcement and reading this, you may think I am just a cop hater, well Im not.  I love cops, I moved here because I wanted to feel safe and I knew that the cops is Arizona were a bit more aggressive when it came to criminals.  I never thought in a million years that they would attack my son and then lie to me.  If you scroll through the Michael Micolo story you will find Sgt. Sherwoods and Deputy Reyes Taser Records, hospital reports and EMS Records as well as a ton of personal emails and complaints filed.  Eventually I will add court files so that you can see how the Pinal County Superior Court and the Prosecutors Office Blocked FOIA Requests  making it impossible to defend himself.

I am going to prove beyond a shadow of a doubt that Deputy D. Reyes tasered Michael Micolo while he was restrained in the back of an ambulance with 3 pieces of evidence found right here.

Deputy Reyes Taser Records       EMS Records                         

TO ANYONE UNABLE TO SEE THE 3RD ITEM:        IT IS BECAUSE YOU NEED A COMPUTER WITH MEDIA PLAYER ON IT.

The audio file is of Deputy Reyes stating that she was following the Ambulance to the hospital.  Look at her records for the May 17th. 2014 that is the day this incident took place.  EMS Log shows they made it to the hospital but the milage is off.  Take the time to read through the evidence and play detective for the night.  It will be well worth it.  You will see who is covering up for who. 

 

  I am also going to prove how there is no justice in the justice system.  Everyone is in bed together in the Pinal County Superior Court with respect to suppression of evidence, burying evidence, blocking FOIA requests and failure to interpret the law. (regardless of how vague it really is) And finally how there is not one person in the FBI willing to stamp out this blatant disregard for my son's life and going public will be the only way to do so.  America has let me down once again.

Narrative

My son was knocking and ringing a doorbell of a house that he thought his friend lived at. He did not damage anyones property and he posed no threat.  We believe that Sgt. Sherwood punched Michael so hard in the chest that he was unconscious for a while and then made it appear that Michael was resisting arrest for the sake of the victims statements.  Michael was suffering from Delerium due to dehydration, however after being attacked by officers that did not clearly identify themselves, Michael became combative giving way to the appearance that he was resisting arrest.  That was due to Excited Delerium.   

The victim was clearly upset about what the cops did, as she was found sobbing on the audio recordings however she wrote a damaging statement that would have made him guity in court for Resisting Arrest.  He would have likely served jail time if the jury followed the courts directions properly.  I wanted to take that chance as I believed in the justice system, specifically the people of the jury, but it was not my life that swayed in the balance, it was ultimately my sons decision to accept guilt for a crime he did not commit.

Victims Statement

Two Public Defenders and two lawyers later we were no closer to solving the mystery of what really happened to our son and Michael utimately gave in accepting the 12 month supervised probation for Resisting Arrest.  Matt Hilsher was the lawyer that made the accommodations for 12 months probation.  It was only accepted by the court after he made reference to the fact that the officer on defense had ties to someone that worked for the judges office in open court.  {Those records can be furbished upon request but it is something that anyone using a FOIA request can obtain.} However when it came time for Michael to sign the paperwork, it said 18 months probation so we had to get that fixed on our own because Matt and the lawfirm of Salvadore Phillips failed to get the evidence due to the states suppression and they knew without it we didnt have enough, or so they say. More like Matt was getting his duckling feet wet in Pinal and BS'd us to reduce the 18 to 12.  Thanks Matt Thanks.... I told Matt to say something to the judge about discovery hold ups.  He said it would do no good to speak with the judge, leaving me the impression that they were all in this together. 

One big crime ring that was going on down here and it exists in Pinal County Superior Court, l look at how big that courthouse is getting with the new expansion and I think how many people go through there that are innocent but are forced to accept the plea, it is just like the Chevy Chase movie, without a doubt.  

That plea killed the Civil Case based on Heck and Humpfrey.  I dont understand what one has to do with the other but Judge Campbell decided in Sgt. Sherwoods favor and closed the case.

Almost 90 days to the day my son accepted guilt, we received the FOIA requests we asked for in August.  They were, the Police Proceedure Manual, Deputy D. Reyes Taser Records, Sgt. S. Sherwoods, Taser Records and the 911 call originally placed that night by Heather Shroder.  We already had a copy of the 911 call but because it came to us entitled Redacted, we believed that parts of the tape were just that.  When we listened to the audio recording, we found obvious differences in the tape but the biggest thing to stand out was the female cop questioning him after reports that he was tasered.  She was overheard yelling, "What drugs are you on?"

911 transcription found here

The Police Procedure manual stated that the officer who used their taser has to document it through paperwork entitled excessive force.  Their taser is to be logged and probe cartridge, if used should be cataloged.  Also as proceedure officers must call out their commanding officer who is supposed to document all statements and clear the scene, however Sgt. Sherwood did not contact anyone he handled everything himself.  I believe he did this because after he got off the phone with me that night, he knew my son was not a druggy from the neighborhood and that they did something illegal for kicks.

Sgt. Sherwoods taser records are extensive.  He has tasered so many people in the 4 years prior to my son that I am willing to bet some of those uses were unneccessary to say the least.  However, he has no record of using his taser and following the protocols from the May 17th 2014 incident.  If those records were received before he accepted the plea, he would not have accepted the plea and likely would have had to go back to Criminal Court as a Pro Se Defendant.  Something far beyond that of a 19 year olds capacity but still required by law all the same.

And finally, what I had suspected but could not prove, Deputy D. Reyes Taser Records.  Her taser was used at 2:40 am on May 17th.  That is the same time she was transporting Michael to the hospital for Electrocution.  There is an audio tape of her stating that the Ambulance had to pull over to Arizona Farms and Hunt Hwy. to re-restrain the suspect.  

These new findings were what lead us to filing a Rule 32 Post Conviction Relief with the courts.  Judge White decided to give Michael a private attorney who lives and works in Tuscon however Michael and his attorney never formally met, everything was sent to her via email and she took several months to read through all the documents we sent her.  However the judge took what she wrote and all the findings and decided that they were not going to allow his case to be heard.

As of January 1st 2017, Mark Lamb is in charge of the Pinal County Sheriff's Office and Volkmer is in charge of the Prosecutors Office.  Mark Lamb has visited with us at our home to try and get and understanding of what the past administration was doing wrong, however Volkmer did not feel it was necessary to sit down with us and discuss the evidence.  Instead he has gone back to court and attempted to feed the judge the wrong information making it almost unfollowable.  Mark Lamb insists that his IA Investigator is trying hard to get his own FOIA requests answered and is finding a delay in the response back. 

I speak for myself when I say, I cannot trust in his word because he is the Sheriff, how come he cannot get ahold of his deputies taser records?

Currently

We are in the court of appeals trying to get this case reheard.  I am expecting them to exonerate him on all charges based on the bruitable beating he received and the cops record of the incident being considered a fabrication of the truth, that is if they allow the case to be reheard.  I know the county is praying that the court of appeals sides in their favor so they can avoid the embarrassment and legality of cops lying in records.  I will have more stuff posted as time goes on but in the meanwhile feel free to click on the links and read what is written.  Read through note, letters sent to lawyers, I hold no confidentiality here because my son was innocent of everything other than knocking on a door.  If Sherwoods taser didnt go off and Deputy Reyes taser did that night then none of his story can be true.  Dont you want your record to reflect the truth? 

 

The Whole Truth and Nothing But...

mug.jpg

Michael Micolo Mugshot @ 18

May 2014

My son was a week away from graduation, everything was right on track for him.  He planned his life out to be a Radiation Therapist since 10th grade.  He wanted to help people and show his support for those suffering and needed treatment.  He joked about how he could even go mobile one day.  He was working part time at Little Cesar's when a friend he hadn't seen in a while stopped in. 

They exchanged contact information and Michael made plans on sleeping over that Friday night.  At that time my son was 6'1" and weighed about 120lbs.  Safe to assume tall and slender.  He grew up on Long Island and had only lived in the Desert for 2 summers prior to the incident I speak about.  Being so skinny, he wasn't much for retaining water so made poor choices when it came to hydration.

After school, Michael came home, grabbed some of his games and headed off to Trent's house for the night. The boys got together with others in the neighborhood and played some basketball around 5pm.  Unfortunately they smoked some marijuana before heading back to his friends house to play some video games and chill for the night. According to the weather reports it was a high of 105 that day.  Around 12:30 a.m. on Saturday May 17th my son went to his car for something and accidentally let his friends dog out.  While out looking for the dog, he said he got confused and thought he was knocking on his friends door.

 At 2:00 a.m. dispatch gets a call from a woman stating that someone is trying to break into her house and need assistance.   She believed there might have been more than one person and seemed quite scared.  She locked herself into a bathroom toward the back of the house while her dogs continuously barked.   Listening to the 911 tape is just as good as having a police-cam when listening to this victim who goes into the incident unfolding.

  SHERWOODS  STATEMENT   Richerson Statement    Booking Report

911 RECORDING    911 Tape from 6/1/15 Deciphered       Dispatch Log

Scene Photos      REYES TO DISPATCH PULLING OVER    Sherwood to Dispatch      

The dispatcher asked the woman to tell Michael that she called the cops.  She told dispatch that apparently he got angered and hit the light like he was trying to knock it out.  The tape went on for 12 minutes before the sheriffs arrived.  The dispatcher would get updates on what was going with the scene.  If the light got knocked around how come the scene photos do not contain one of the damages.

The victim calms herself in those 12 minutes so much  that she realizes he is just some kid knocking and ringing her doorbell in  the middle of the night.  She jokingly says at one point, I should just open the door and let him see he doesn't live here.  Even dispatcher Anaya feels compelled to get in on the fun when she says:

D;  Yeah maybe he thinks he lives there. Sometimes these kids will get high and stuff like that and their thinking they live somewhere and they actually don’t ya know and nothing scares them. The officer is just turning onto Magma right now Ill let you know when he's there.

 

  Michael recounted that when he was knocking, he was hearing the dog barking and he just couldn't understand why his friend wouldn't open the door so he just kept knocking and ringing the bell.  He couldn't put two and two together and think, maybe I am not at Trent's.  That would or could be a side effect of dehydration.

When the officers arrived my son was not aware of their presence.  He has maintained from the beginning that he was standing at the door when he heard a noise that made him turn around.  He saw a flash of light and than nothing.  After that he said he woke up to me standing over him at the hospital asking his what drugs he took.

  

I remember looking over at the clock when the phone rang 2:23am.   I thought who could it be. My husband Joe Answered the phone and Sergeant Stacy Sherwood identified himself and said that they had our son Michael in custody for attempted burglary.  I could hear a male Police officer and was quickly awakened by the thought that my son was not home.  I snatched the phone from my husband's hands and after he repeated himself I said, no way, I think you must have the wrong kid cause he has a car and a job and certainly no reason to steal from others.

 He asked for some information including  his last name and DOB.  He told me that my son was on illicit drugs and had super human strength and that he was forced to taser him several times in order to gain compliance.  It was like living in the twilight zone where everything is not as it seems, I was just trying to process what this guy was telling me about my son.

I asked where his friends were and was told that he was by himself.  I asked the officer if his car was nearby.  The Sergeant asked what type of vehicle he drove and I said a Nissan Altima, the officer said there was a Nissan nearby and asked about the license plate number.  I couldn't recall what the plate number was, but was quickly reminded by Joe of the large fin my son installed on his car trunk earlier that week.  The officer said "NO, then this is not your sons car" The Sergeant stated that he sent him to the hospital to find out what drugs were in his system for pending charges.  

I raced out of the house and down to the hospital.  It was like a ghost town in there. I was the only person in the ER waiting area. When I was lead into the consult area I was told I needed to ask him what drugs he took so that they can help him with the side effects, so I did.  When I got in the room I was surrounded by Drs. It was my son that lay lethargic in the bed!  I think that is when my whole world just exploded.

  Already disrobed in a hospital gown, his left arm with an IV attached to the bedside, his other hand bound by a leather restraint above his head.  I said Michael a few times before he barely opened an eye.  I asked him what the hell happened and what drugs he took.  He said " I didn't take nothing and I don't even know what is going on.  The Dr's. now confirm that he is 18 years old and that I have to let them do their job.  They acted like I had no say in his medical treatment and urged me out of the room so they could run tests.  After I went back to the waiting area is when I had my first encounter with Sergeant Stacy Sherwood.

Sgt. Stacy Sherwood

Sherwoods Taser Report

He was a pretty big, heavyset guy, when I met him.   With a vest on and god knows how many pounds worth of gear I would guess he was easily pushing 225.  He introduced himself as the officer I spoke to on the phone.  He told me that Michael was out of control and that he must have been on bath salts or Heroin because he had super human strength and that when he approached him breaking into the home, that is when my son attacked him.  He said he was left with no choice but to taser him.  I acted on what the officer had told me because I had no other information other then what I was told and what I thought I saw.  I just kept thinking, why?.. why? ….why?

Sgt. Sherwood said that after he was tasered my son soiled himself, he would need a change of clothing before being booked.  I was dumbfounded and couldn't keep my composure.  At one point he tried a relatable tactic, by saying he had 4 kids,  He went on to tell me how the eldest were his wives prior to marriage and how he couldn't believe some of the antics that her son would do to piss him off.  He said no matter what their upbringing sometimes they just make bad choices and unfortunately that was the case here too. 

 I went home for a few hours to talk to my husband and prepare for my return to the hospital.  I was to wait for the phone call, while they worked to figure out what my son was on and resolve his metabolic acidosis.

Around 2:30pm Michael called and said that the hospital was going to be releasing him.  I said to him that the officer said he was under arrest and that I was bringing him some clothes.  He couldn't believe it.  He said that one minute he was knocking on Trents Door and the next I was standing over him in the hospital asking what drugs he was on.  I told him I was on my way regardless.

I get to the hospital around 3:15pm. Once I walked in I saw a Dr. who said he was treating Michael.  He just had some paperwork to prepare for the release.  I gave Michael his clothes and I asked him what happened.  He said he didn't really know why he was tasered but they told him he fought with the officer and I said, that is what they told me too.  He said he couldn't remember doing anything. I was able to find out where his friend moved to so that I can get his car.  He didn't know the exact address but I knew where the Y was so I would figure it out from what he said.

Five minutes or so go by and we are greeted by Officer Richerson and a plain clothed Hispanic man who instructed Michael to get dressed.  He did.  He proceeded to ask Michael what happened that night.  My son was honest and admitted to smoking the marijuana but that he could only remember flashes of something to do with the cops and that was it.  They read my son his rights and arrested him right there, I was at such a loss, I sat in the parking lot staring at the SUV my son was in for over 45 minutes while I cried incessantly with my husband on the phone. 

At one point the arresting officer approaches my vehicle to let me know it will be a while longer before they transport him to the jail and he wouldn't be arraigned till the next day and that I should just go home and wait on him to call me.   I told him why I was still there if it weren't obvious enough and he walked away. 

After returning home I picked up Joe and drove to Copper Basin.  I drove up the block where the car was supposed to be, but it wasn't there.  When I found my son's car, it was parked in a way that you wouldn't think anything was wrong with it until you walk around to the side facing the field. 

Someone had broken out the back window of his car from the inside but there was no glass on the ground. I knew that the car was not vandalized where it sat, but rather it was moved there after the fact.  There was a cup sitting in the back cup holder, If It were Michael's it would have been up front.  We were beside ourselves and called the police. 

I had to believe that if my son was on drugs that caused him to do these things it was without his knowledge. We talked about drugs and the effects they had on the body.  He was always mindful and while I knew he tried Marijuana a few times to help him with his ADHD, (according to him) all the other drugs were considered to have serious side effects and he knew not to mess with them. But with any teen out with some friends, they sometimes make bad choices.  I figured this was the case and that whatever his fate he would get what he deserved.  The stigma's I guess.

C.Cetta Report     States Evidence

We call the police to report the problem and dispatch actually transferred me to the officer en route, C Cetta.  I started telling him about my son's car being vandalized and assumed stolen.  I said supposedly they said my son was on drugs.   and we wanted them to take fingerprints because we were left with a kid in jail, a car not where it was supposed to be, a broken back window (but no glass around) and "friends" nowhere to be found while my kid got "caught" breaking into a house. 

The cops showed my husband and myself very little respect through our ordeal, and quickly turned it around to avoid paperwork. They refused to address our concerns because of the prior nights incident. They refused to finger print or take the cup found in the rear cup holder for DNA to figure out who stole the car, where it was stolen from and give us justice because as he said to me, "What do you really expect us to do, your son assaulted one of my officers and probably did all these things to his own car while on drugs."  "We are not going to waste our time and resources on this." I said "Fine then just get back into your air conditioned truck and leave, there is no sense in you being here if you're not going to do anything.

The next day I get a call from Michael and race out to the prison.  He got ROR'd.  I was surprised, given that there were strong ties to NY,    My son was trying to tell me that everything was OK and that they would probably drop the charges cause no one got hurt and that he was not trying to burglarize anything. 

Once home, my son went to his room and passed out,  I could only imagine how much he slept in jail.  I didn't see much of him for  a day and a half.  He had to call out sick from school and work on Monday. Tuesday morning he still felt sick so he stayed home.  That afternoon he managed to get up.  That is when I saw the bruise on his arm.  I said I just wanted to take a few just in case photo's, a bunch were too dark or blurry but here is what I managed to retrieve, after that he checked out the condition of his car.  When he was looking through it he found his keys in the glove box.  I am now so confused as to how that could or would have happened.  I actually thought well, never mind what I though because that would call someone in authority a liar and a criminal and I dont want to do that.

As a confused and hurting mother would,I was began harrassing him as to how that could be and insisted he no longer communicate with Trent or anyone else if he wanted to keep living under my roof. He was crying and physically upset, he was screaming he was sorry that he couldn't remember much, over and over and over again. 

 Tuesday night when he got to work he was still so sick and weak that they sent him home.

When he got to school on Weds. he had to complete 3 finals.  He worked Weds. night shift because he was supposed to graduate that Friday.

  I was so conflicted I didn't know what to believe of our situation. We actually thought that Trents friends' laced the joint he smoked. We had no idea with what.  We probably should have followed up with the hospital as far as what was found in his system but our lack of insight lead us a stray and we tried to stay focused on the future.

To spite all that happened to him, he was able to pass his tests and graduate on time. However, that saturday when he called in to get his hours for the next week he was told by Glenn the Manager that there  was no room on the schedule for people like him.  Michael tried to ask him what he meant by it and asked if Glenn would talk to him if he drove up to there. Apparently, Glenn must have been notified by someone of Michael's incident, or maybe he came about it from our local websites. Whatever the case, in one week our whole world changed.

EMS Records          Hospital Records           Medical Experts Opinion

Pictures of Bruises   AZ Central News Article   AZ Family.com

 

These news outlets got their story from the article below.  San Tan Valley.com were the originators of the story but have since removed it from their servers.

 

San Tan Valley Man Arrested After he Assaults Pinal County Sheriff’s Sergeant

 Details 2 years ago Last Updated: 08 September 2016 On Saturday, May 17th, 2014 at 1:58 a.m.

a San Tan Valley resident, who lives in the 4000 block of Morenci Road, called 9-1-1 to report someone was banging on her front door and attempting to break in. The resident reported she did not know the man who was attempting to open her front door. As she was on the phone with the Pinal County Sheriff’s dispatcher, she told the suspect, “I’m calling the cops”. Michael Micolo (age 18 of San Tan Valley) The caller told the dispatcher this seemed to anger the suspect and he began to bang louder on the door. When a Pinal County Sheriff’s Sergeant arrived on scene and confronted the suspect, he appeared to be under the influence of drugs and rapidly approached the sergeant. The suspect who was later identified as Michael Micolo (age 18 of San Tan Valley) did not comply with the sergeant’s commands and began to fight with him. Michael was repeatedly yelling, “you’re going down” and “you’re done”. After fighting with the sergeant, Michael was eventually taken into custody. He continued to be confrontational and struggle with the sergeant and medical personnel, who were called to the scene to medically, evaluate him. Michael was transported by ambulance to a local area hospital where he received medical attention for the affects he was exhibiting from the illicit drugs he had used. While at the hospital Michael continued to struggle with medical personnel who were attempting to provide him medical care. Upon Michael’s release from the hospital, he told a Pinal County Sheriff’s Deputy he remembered “smoking marijuana with friends, flashes of something going on with the cops at a house and waking up in the hospital.” Michael was booked into the Pinal County Jail for Aggravated Assault, Resisting Arrest, Disorderly Conduct and Trespassing. Michael has prior arrests for Minor Consumption of Alcohol, and other crimes involving Possession of Marijuana. Sheriff Paul Babeu stated, “Supporters for the legalization of marijuana claim the drug does not induce violent behavior but rather calms and pacifies the users of the drug. This case highlights how the drug can affect some individuals in an adverse and destructive manner.”

Content Provided by SanTanValley.com: https://www.santanvalley.com/news/san-tan-valley-news/san-tan-valley-man-arrested-after-he-assaults-pinal-county-sheriff-s-sergeant
San Tan Valley News

This was just the start of the websites that got a hold of information that was later discovered to be false.  This news travelled clear across the country to the point where my family living in NY and his father living in Florida found out about this terrible ordeal before I had a chance to even put all the pieces together here. 

 

At Graduation:

I remember walking towards the field.  We walked past two Pinal County Sheriffs, observing and communicating with each other while the stands were filling up. For a second or two, I kept feeling like they were there to re-arrest Michael.  I thought they were gonna arrest him again in front of all those people.  I didnt know if they knew we were his family, or what but I was feeling paranoid to say the least.

 We sat down near a group of about 8 young guys.  Just before the ceremony took place I overheard one guy talking to the others regarding Michael's incident.  He was about to tell the other guys more hearsay when I interrupted him telling him there was a time and place for that kind of conversation and that was not the time nor the place.  I guess they didn't realize who we were and that the 2 little kids we had with us were his sisters until we cheered for him when his name was called. 

I was so numb and dismayed over what had happened, that we had no party, there was no celebration of what should have been a crowning achievement in his life.  Maybe someday when this is all past us, we can take out those Graduate 2014 decorations and do just that.

 

After Graduation:

June 6, 2014 we were summoned to the Apache Junction Courts.    We arrived early as I was starved for answers to my questions.  Nearing 4:15 the clerk indicated that no one showed up so we were free to go.  We thought they just dropped the case that day. Thanking god all the way home we accepted our punishment and geared up for college.

 Michael started college that fall as planned.  The taser burns to his stomach were healing but still present.  All the other bruises he had long since faded away.  While he still couldn't take in too much food without feeling nausea, he tried to focus on his future. 

scaring left by tazer.JPG

The second week in October a letter to appear in Florence Superior Court arrived.  We were a bit concerned but none of the less we showed up on October 24th 2014 to find my son being charged with Resisting Arrest, Assault on a Peace Officer and Trespassing.  They assigned us Mark Bennink, a Public Defender.  Mark handed us a few pieces of paper and asked a few questions.    We explained the medical issues we believed played a factor in Michael's poor judgment,  A few months before this incident Michael got Valley Fever and it caused some health issues as well as the trauma to his brain when he got assaulted and robbed by a gang of 2 kids in our own neighborhood.  He really didn't seam to care the reasons for what he did, he said, "It's simple, no matter what the reason you did it, you still did it and will be considered guilty. Then you will have a record always.

 Mark Bennink stated that taking the plea was recommended because he wouldn't get jail time and he would be monitored for several months before reducing the felony to a misdemeanor some time later.

 If he chose trial he could face up to 3 years in jail for those offenses.  I tried to tell him of my sons plans to work in the medical field and how this record would prevent him from doing that.  He said that we needed to think about our options and come back.  We set a new court date for two weeks later. 

While still in the car I couldn't help but glance over some of the paperwork that was given to us.  The Public Defender handed us the first bits of damming evidence, the Police officers statements and dispatch log.   As I read through the paperwork I looked for answers to the questions I had for months.  What Happened That Night?

I was flawed by what they said my kid was being accused of.  I was thinking, there is no way anyone is going to hire you with a record like that.   You are doomed to "Living in the basement" forever, I thought.

I could not believe what I was reading.  My son did all this?  Once I looked closer at the dispatch times and what S. Sherwood was saying about being the only officer and having no choice but to taser him, I smelled a rat and had to get to the bottom of this. 

The call starts at 2:00am.  Sgt. Sherwood is shown reporting as arrived at 2:11 then again at 2:12.  Deputy Reyes shows as arriving at 2:14. How can Sgt. Sherwood do all the things he indicated in this report in only 2 minutes.   When looking at the EMS report it shows they were dispatched at 2:16 and arrived on scene at 2:21am C. Nardelli arrived at 2:25.  At 2:29 D. Reyes was reassigned to Chase the Ambulance.  at 2:30 the ambulance left 4117 E. Morenci and travelled 7.3 miles in 10 minutes.  EMS records show as arrived at the hospital at 2:40, BUT they didnt transfer care until 3:43.  Deputy Reyes taser went off 4 times at or around 2:40am.

Crime Scene Photos        Deputy Reyes Taser Records

 Image below is from Google maps.  It shows that it takes 10 minutes in lite traffic to get from the scene to the hospital. It also shows it is 6.5 miles away so somewhere along the lines they went somewhere else or Southwest Ambulance billing department has figured out a way to make more money.

maps.JPG

 

In Sgt. Sherwood's statement it said that D. Reyes went with the EMT's and had to pull over at Arizona Farms and Hunt Hwy because he was getting out of his restraints and they had to re-secure them. I guess the audio tape was to be used as proof that he had super human strength. 

 According to the Pinal County Procedure Manual Deputy Reyes was supposed to file a narrative because she was on the scene and did have interaction with "The Suspect", however there was never any statement produced by her.

I figured if Sgt. Sherwood stretched the truth about the size of the pots the plants were sitting in,   I was sure he lied about so much more and I was right.   Sad to say, I was right.... But I still needed the hard evidence I couldnt just go around saying the officer was a liar. We were gonna get to the bottom if it regardless of the outcome in court.

  As time passed, I would be all to consumed in trying to find the truth so much so that we couldn't talk about much more.  We had so many arguments when I told him he had to keep looking for work and trying at college but nothing helped.  He failed all three semesters and quit trying.  He basically stopped eating because he always felt nausea.  We took him to Dr's. and Therapists.  They scoped his stomach to find out why he couldn’t keep food down.  The GI Dr. found an anomaly on the top part of his stomach.   He declined to specify possible causes but we all knew it was likely due to the tasering.

After two weeks of fact finding and letter writing we went back to court.  In our hands were the Medical Records from Anthem Hospital showing that my son was dehydrated when this incident occurred and that the only drugs found in his system was the Marijuana. If you read through Sherwoods narrative, he too confirmed dehydration.  The hospital did not address the burns to his stomach in the reports so I have to assume they were helping the cops to cover this up. Why else would a doctor alter records several months after the incident.

I thought that the Public Defenders would see it was just a mistake and talk to the prosecutor.  That he would see that no one got hurt except Michael and even though we thought that the officers statement wasn’t true, we would accept a fate of probation for trespassing and call it a day.  That did not happen.  In fact Mark Bennink had another Public Defender sit in who also laughed off our claims and plea for help.  They reiterated how much time each offense was going to get him.

 Mark Bennink didn't care when I told him that I thought this was a case of Excessive Force and how my sons life held in the balance.  He laughed and said, "Well what are you going to do, sue them? Good luck".

When we left the courthouse that day I made it my mission to find an affordable lawyer who would listen and actually cared because those two Public Defenders did not!

 

   I was referred to Chelsea Peterson from a good customer of ours.  We were informed ahead of time that she works or worked for law enforcement before becoming a lawyer and that she could help. 

We spoke in depth over the phone about the officers actions and how the hospital personnel and the Police were trying to make me believe that Michael was on drugs that night because of how many people it took to hold him down.  She addressed the fact that the officers statements alone, incriminate himself and if we sued him for excessive force he would likely be found guilty from that alone.

At that point I feverishly combed the internet looking for Civil Rights Laws.  I read something regarding filing complaints.  I thought that was all I was doing. I think it said something like you have to put the officer on notice that I lodged a complaint.  I went down to the Apache Junction Courts with Michael on November 17th to submit it. 

Turning ahead for just a moment... They forced the complaint to suit and changed venues before we realized what we were committing to.

We met with Chelsea on November 19th. 2014 to get her take on the legality of my sons circumstances.  Seeing as she is or was a Police Officer in Parker at the time, we felt as though she understood Officer mentality and would help us get to a positive resolution.  When she read the files we had and listened to our story, she was flawed.  She asked about the clothes he was wearing that night.  I told her the hospital said they threw them away.  She said that was supposed to be evidence.  She talked about procedures and protocols that Sherwood broke by his own statements.  She said pointing a gun in his face was not how they were supposed to handle things and that she would get to the bottom of it.  My husband asked Ms. Peterson if there was going to be a conflict of interest on account of us filing the complaint and showed her a copy.  Chelsea said, no there is no conflict of interest because they are two different courts.  

We knew lawyers were expensive.  We were grateful that Chelsea's contract stated that it would be a flat rate fee, if we go to trial or not.  She was pretty confident in herself.  So much that she thought it was going to be the quickest $4000 she ever made, only that didn't happen the way she hoped. 

The very day we hired her she had her guns in hand.  She sent out letters to all the officers who were on the scene, stating she was his lawyer and requesting interviews. S. Sherwood, CC. Nardelli, D. Reyes, and D. Richerson were all notified.  She also Petitioned the court and filed a motion to obtain all records.  She was quick and smart.  By Nov 24th 2014 she was able to obtain scene photos and apparently other information that she didn't share with us. 

Undisclosed Letter to Chelsea    Motions Filed By Chelsea   Interview Requests    Emails to and from Chelsea

On December 18th 2014 we filed a complaint with IA as per request from Chelsea. I received a response back from Detective Joey Cruz on 12/31/14 stating that he concluded his investigation and that procedure was followed by the officers. 

Complaint Filed With IA    IA Response Back    Hospital Records    Ambulance Bill

 

On January 13, 2015 received these EMS Records.                           EMS Records      EMS Complaint Response

As you go over the records please understand one VERY IMPORTANT thing.  My wonderful husband has spent the majority of his life as a VOLUNTEER EMT.  Not only that but he was Chief of his department for 7 years.  It is safe to assume he knows a thing or two regarding procedures and protocols.  The EMT's never gave him a starter IV, air mask, or monitor his pressure.  They said it was due to the restrains. all they did was transport.

Take a look at the bill from Southwest Ambulance Services.  $1456.85 and all they did was furbish a blanket. 

The call to EMS services was toned out as an Electrocution call.  The EMT's knew he had been tasered, It was in the report.  Now an obvious prisoner, they transport him without using any "Life Saving" Protocols. Reading through the narrative you will get the feeling that someone is not telling the truth here and its not on our end. Perhaps they had very little regard for my sons life.  Maybe they were just doing what their buddies the Cops told them to, whatever the case, they refused to make statements.  The complaint filed with their department went no where as an investigation denied any wrong doing on their end too.

 

 

They did mention in the report that he had been dry-tazed several times but that report is supposed to be given to the hospital.  Nowhere in the hospital records does it say anything about it.   Why not? Was it for insurance purposes or perhaps someone asked for them to go into the records months later to omit the burns due to tasering.  The intake reports showing course of treatment shouldn’t ever be altered, in this case they were changed 2 months after the day it happened.  See dates on bottom of hospital report

Administering a blanket and transporting was not all the EMT's were supposed to do for a person in shock….but they claimed that because of the 5 point restraint as well as the shackles they were unable to keep an accucheck unit on his finger to monitor his pulse. Yeah OK I guess we were born yesturday right.  Shock like that could have killed him.

My husband is quite versed with 5 point restraint systems, anyone capable of getting out of that to the point the ambo has to pull over is seriously on drugs.    That just did it for me I was done.  The more lies I read from that officers report the more I thought that these cops must have figured he was just some druggy that they were gonna teach a lesson to.  Once they found out that he had a car and that he worked for Little Cesers, they started the cover up.

Emails to Brian Bohan (PD)     Emails w Chelsea    

 

 

 

 

 

 

 

I wrote a letter to the Presiding Judge McCarville, stating that I dont think my son is getting his fair day in court.  You can find all these things in Brian Bohan's link.  It was clear that Judge White got wind of the letter as he made reference to it in court.

 It seemed like no matter what we did, we couldnt get the information we needed to completely exonerate my son from his charges so I paniced and started looking for attorneys that were interested in both the Civil and Criminal case.  After speaking with Matt Hilsner, we were left to believe that Michael's Civil Case would be handled by another member of the firm but that because the case is alreadys slated for trial, we had to sign the retainer so that he could get to work.  That was in August, however Matt didn't ask the judge for more time as he stated he did.  In fact by October, Matt was telling us that his chances at trial were only 30%, scaring my son into taking a 12 month probation plea. Court transcripts reflect Matt Hilsner statements regarding Sgt. Sherwoods connection to the court, however I was not present to hear those things as I couldnt bring myself to bear false witness to my sons plea agreement with self control so I excussed myself from the courtroom and sat in the car.

Turns out that the County Attorney was holding up the FOIA requests on purpose because he knew it would prove my son was innocent and that the cops were lying.  He also sent Matt an email stating that Michael needed to plea guilty before October.   In other words Matt was securing his future dealings in Pinal by throwing Michael under the bus.  And the County Attorneys can do whatever they want to make an innocent man look guilty, sending them to jail.

Michael plead guilty to Resisting Arrest on November 2, 2015.  The Judge accepted his plea on November 30, 2015.  The Civil Case got squashed because Michael plead out. It was only a matter of time before our FOIA requests came back.  The county held the FOIA requests from October 24th until January 23, 2016 because there was still the possiblilty to file a Rule 32 Post Conviction Relief Motion that would have asked the court to see the new evidence and allow our sons case to be heard. 

FOIA request reveiled Sgt. Sherwoods Taser was not used that night.  Officer Reyes, who never made a statement regarding that night, her taser was used 4 times, and the time her taser went off places her in the back of the ambulance, while transporting Michael in a 5 point harness restraint and hobbled. 

 Not really knowing what trauma they put my son through but seeing my boy's life change in the blink of an eye has made me die inside.  Dehydration is what caused him to not know what really happened to him that night only that he was knocking on Trents door and then I was standing over him at the hospital, so we had to piece information and evidence together over time, only to painted a much different picture.  One with cops acting badly. 

 We are alleging that the cops believed that my son was just another druggy from "Compton Basin" and that they were going to teach him a lesson. 

 

 

I will complete the long version of my story when I am able to get back in the chair, for now read through the emails to and from the lawyers and you will see where we were at and what we were up against.  All I can do is fight to clear my sons good name!