9 July 3rd-July 10th, 2024 phoenixnewtimes.com PHOENIX NEW TIMES | NEWS | FEATURE | FOOD & DRINK | ARTS & CULTURE | MUSIC | CONCERTS | CANNABIS | pointing a gun at two police officers. Mitchell allowed Ryan to plead no contest to a disorderly conduct charge, receiving two years probation instead of the far more severe felony of aggravated assault on a police officer. Several Tempe police officers objected, and even the judge was troubled by the county attorney’s sentencing recommendation. Godbehere called it a “sweetheart” plea deal. “I spent 25 years in that office trying mostly dangerous violent crimes,” Godbehere said at the debate. “Nobody else got a plea deal like that.” The fact that Ryan was drunk was no excuse under the law. “She chose to do probation, no jail because she claimed he had been using alcohol,” Godbehere said. “Well, voluntary intoxication is not a legal defense.” When Arizona Attorney General Kris Mayes raised similar concerns in May, Mitchell shot back that Mayes was being “legally irresponsible” and maligning the “experienced prosecutors” who worked the case. Future debate fodder? In other cases, Mitchell’s charging decisions — or lack thereof — have come under fire. Earlier this month, Mitchell revealed that her office declined to bring felony charges against a former certified nursing assistant at Goodyear long-term care facility Palm Valley Post Acute who was accused of raping and impregnating a patient. The man, Bobby Lee Williams, surrendered his CNA certificate, and the Arizona Department of Health Services fined the facility $2,000 for negligence and improper reporting. Mitchell turned down a criminal case, though, saying that there was “no reason- able likelihood of conviction.” Mitchell also has been criticized for how her office has handled the so-called Gilbert Goons cases. Recently, alleged Goon Jacob Pennington, 20, was arrested for underage drinking on June 13, the same day he was sentenced to three years of supervised probation and deferred jail time as part of a plea deal with Mitchell’s office. The county attorney’s office recently filed a court motion to revoke probation for Pennington, who also was convicted on June 10 of aggravated assault in Pinal County. The saga raises the question of why Mitchell made a deal with Pennington in the first place. When asked about the case on June 20, Mitchell said Pennington had been charged with a class 6 felony for aggravated assault, the “lowest level of felony in our criminal justice system” and one that could be knocked down to a misdemeanor at trial. In that case, it would be “overwhelm- ingly likely” that Pennington would get probation anyway, she said, “and so we made that offer.” We gonna debate or what? There are no more debates scheduled for the Republican race for Maricopa County Attorney. In the Democratic primary, Tamika Wooten is running unopposed. In a statement provided to Phoenix New Times, Godbehere all but accused Mitchell of hiding from voters. “By refusing to engage in public debates, shutting down reporters and dismissing the concerns of community members, she is demonstrating a blatant disregard for the voters to make an informed decision,” the statement said. “Her actions continue to indicate she is more concerned about protecting her own interests than serving the needs of the public.” Should Mitchell’s scheduling conflicts clear up, Godbehere added, the Republican challenger is more than willing to add another debate to the election calendar. “I will make it simple,” the statement continued, addressing Mitchell directly. “I will meet you at any time at any station to inform the public of the reasons why they should remove you as county attorney.” Jacob Pennington was given three years probation as part of a plea deal with the Maricopa County Attorney for a Gilbert Goons aggravated assault. (Photo by Pinal County Sheriff’s Office) Undebatable from p 6
