Tohono O'odham Roadblock Incident

Defense:

I was charged with two violations of State law by the TOPD after being dragged from my vehicle for asking questions regarding the nature of the roadblock. I retained an attorney to help defend myself against the trumped up charges and prepared for the initial court date only to find out the TOPD violated State law by failing to file a copy of the complaint with the court prior to the court date the TOPD set. The judge dismissed the charges against me without prejudice but took no action against the TOPD for their disregard of State law and court procedure.

Approximately six months later, I filed several Notice of Claims against the TOPD for civil rights violations associated with the unlawful roadblock and arrest. Much to my amazement, the charges against me were quickly re-filed by the TOPD in retaliation to my claims. Several months later - all charges against me were finally dismissed with prejudice after the TOPD refused to comply with a judicial subpoena for copies of TOPD records during a pre-trial conference in December of 2003.

Even though Judge Casey dismissed all charges against me for a second time because the TOPD refused to comply with a judicial subpoena, he once again refused to hold the TOPD accountable for their blatant disregard for the rule of law.

Detailed documentation related to this phase of the roadblock appears below - including court filings, general documentation, and audio interviews conducted with two TOPD officers by my defense attorney.

A comprehensive document timeline is available here.

Document Title:
Filing Date:
File Type:
Arizona Traffic Ticket And Complaint - The TOPD complaint against me as written up by Detective George Traviolia at the roadblock
20-Dec-2002
79 KB pdf
Ajo Justice Court Dismissal Order - A court order dismissing the charges against me without prejudice after the TOPD violated State law and Court rules by failing to file the complaint with the court prior to the initial court date
08-Jan-2003
89 KB pdf
Tohono O'odham Police Department Incident Report - A copy of the Incident report generated by the TOPD
16-Jan-2003
306 KB pdf
Notice of Claim against Chief Richard Saunders - A Notice of Claim filed against TOPD Chief Richard Saunders
31-May-2003
293 KB pdf
Notice of Claim against Detective George Traviolia - A Notice of Claim filed against TOPD Detective George Traviolia
31-May-2003
281 KB pdf
Notice of Claim against Lt. Michael Ford - A Notice of Claim filed against TOPD Lt. Michael Ford
31-May-2003
257 KB pdf
Notice of Claim against Officer Eric O'Dell - A Notice of Claim filed against TOPD K-9 Officer Eric O'Dell
31-May-2003
262 KB pdf
Affidavit of Service - Proof of delivery of the notice of claims generated against the TOPD officers
16-Jun-2003
81 KB pdf
The Second Complaint -  A short time after receiving the notice of claim, Detective Traviolia maliciously re-filed the charges against me nearly six months after the judge first dismissed them without prejudice
20-Jun-2003
102 KB pdf
Court Summons - Ajo Justice Court summons received on July 2, 2003 after Detective Traviolia re-filed the charges against me
25-Jun-2003
91 KB pdf
Motion to Suppress Evidence - Our motion requesting the suppression of all evidence against me based upon the unlawful nature of the roadblock
25-Jul-2003
1.16 MB pdf
Motion for Jury Trial - Our motion demanding a trial by jury
25-Jul-2003
143 KB pdf
State's Opposition to Motions for Jury Trial & Evidence Suppression - The prosecutor's motion opposing a jury trial and suppression of evidence
07-Aug-2003
591 KB pdf
Defendant's Response to State's Opposition - Our reply to the prosecutor's opposition to a jury trial and evidence suppression
14-Aug-2003
1.64 MB pdf
Interviews - Links to transcripts of the taped interviews conducted between my defense attorney Marc Victor & Detective Traviolia & Lt Ford. There are three links associated with each interview - the original unedited transcript, a commented version of the transcript, and links to the unedited audio files
Dec-2003
14 KB html
Dismissal with Prejudice - A court order dismissing all charges against me with prejudice after the TOPD refused to comply with a court order to produce a copy of their roadblock procedures.
09-Dec-2003
109 KB pdf
No Sanctions Court Order - A court order to NOT impose sanctions on the TOPD after their refusal to comply with a judicial subpoena to produce records for the hearing
19-Dec-2003
424 KB pdf
Court transcript - A transcript of the Ajo Justice court proceedings from Dec 9, 2003. All charges were dismissed with prejudice.
29-Dec-2003
707 KB pdf
Letter to Judge Casey - A letter I generated to Judge Casey regarding his order to not impose sanctions against the TOPD
04-Jan-2004
319 KB pdf