11 Dec 1st–Dec 7th, 2022 phoenixnewtimes.com phoenix new Times | cONTeNTs | feeDBacK | OPiNiON | NeWs | feaTuRe | NighT+Day | culTuRe | film | cafe | music | investigation into Halleman’s case. When its investigators report back, the board will vote on whether to take action beyond the suspen- sion handed down by Phoenix police. ‘Aggressive and Belligerent’ DUIs are some of the most common offenses committed by Arizona law enforcement officers that come before the AZPOST board. So far in 2022, the board has either suspended, revoked, or denied the certification for 54 officers across the state, according to regular bulletins it posts. Twelve of those cases, or around 22 percent, involved a DUI. Dishonesty and having sex on duty are some other common reasons for officers to face AZPOST probes, according to the bulletins. But unlike the other officers under investi- gation by AZPOST, Halleman never faced criminal charges. At some point during the criminal investigation into Halleman, it seems either prosecutors or law enforcement dropped the ball, according to case notes and emails obtained by New Times. Both the Maricopa County Sheriff’s Office and the Maricopa County Attorney’s Office initially denied responsibility for Halleman not facing formal charges. At the September meeting, AZPOST inves- tigator Mike Deltenre outlined Halleman’s case to the board. Deputies found Halleman unre- sponsive in his running car, Deltenre explained. When they woke him, he exited holding an unspecified “open alcohol container.” Halleman admitted to drinking as he was detained — “a little bit,” he told deputies, according to AZPOST documents obtained by New Times. He later told investigators that he consumed two Long Island iced teas at a Litchfield Park restaurant. He failed field sobriety tests, and a breathalyzer clocked his blood alcohol level at 0.162, well above Arizona’s legal limit of 0.08, according to case documents. Halleman was then taken to the MCSO District 3 Substation on West Bell Road in Surprise for processing. It was there that tensions grew between Halleman and depu- ties. He became “aggressive and belligerent” as deputies booked him and attempted to perform bloodwork, Deltenre said. In a one-minute clip of body camera footage presented to the board and obtained by New Times, Halleman yelled at deputies and used profanity. He then attempted to fight them until he is tackled, handcuffed, and placed in a holding cell. “Shut your fucking mouth,” he said at one point. “You want to fucking fuck me up? Fuck me up.” Halleman told internal Phoenix police inves- tigators that he had dinner in Litchfield Park that night, though he did not remember leaving the restaurant, according to notes in the AZPOST case. “I was in a vehicle. I was obvi- ously under the influence. And my conduct with the deputies was something that I would never in my right mind do or done,” he said. Efforts to reach Halleman for comment by email, text message, and a phone call were unsuccessful. Who Bungled the Case? Ultimately, Halleman’s blood alcohol level was formally tested and registered at 0.189, according to court documents. In Arizona, any blood alcohol level above 0.15 while operating a vehicle is defined as an extreme DUI and is a misdemeanor that carries a minimum penalty of 30 days in jail. Halleman’s initial DUI citation was dismissed by prosecutors in August 2021. Emails showed that a prosecutor dismissed the initial case and planned to submit new charges once the official blood results were provided by law enforcement. According to prosecutors, the sheriff’s office never resubmitted those charges or the bloodwork, despite MCAO’s requests, so charges were never filed. Also, the sheriff’s office did not pursue charges against Halleman for the altercation with deputies. “The actions of the individual at the time of booking did not meet the require- ments as defined by statute to place any addi- tional charge,” MCSO spokesperson Calbert Gillett wrote in an email to New Times. When New Times first asked questions about Halleman’s case after it was discussed at a September AZPOST meeting, both law enforcement officials and county prosecutors denied that they botched the case. On October 5, Maricopa County Sheriff’s Office spokesperson Calbert Gillett said in an email to New Times that the agency wasn’t responsible for the delayed charges. “MCSO submitted DUI charges within the timelines as defined by statute. You will need to reach out to [the Maricopa County Attorney’s Office] on why this case wasn’t prosecuted,” Gillett said. Case notes from an AZPOST investigator indi- cated that MCSO submitted the | NEWS | Maricopa County Sheriff Paul Penzone launched an investigation into what happened in a DUI case against a Phoenix police officer. Gage Skidmore/Creative Commons Botch from p 9 >> p 12
