State v. Mr. N (DMC 14216) – Felony Sexual Assault and Felony Surreptitious Recording – Not Charged – Pima County Sheriff’s Office Investigated (DR No. 20XX-XXXXXX4); Tohono O’odham Police Department Investigated (DR No. 20XX-XXXXXX4); Pima County Attorney’s Office Turned Down Prosecution.
Mr. N had known a lady for quite some time and he invited her over to his house because he was moving to Phoenix the next day. He had a large group of friends at his house, and everyone was drinking. This woman got to his house at approximately 2 AM and was doing shots of tequila with Mr. N. Eventually, they went upstairs and appeared to have engaged in consensual sex.
The next day, people were contacting the young lady stating that she had sent them various photos of her naked and engaged in sexual activity. In one of the photos, it appeared she was asleep. One of them was sent to her ex-husband, and another one was sent to a man that she had begun dating online a couple weeks prior. She denied to the police that she had ever sent any photos like this to anybody before, and she felt she had been sexually assaulted.
We became involved in the case, and we requested that the police interview the other gentleman that she had met online and sent photos to. He told them that she had, in fact, sent him pictures in the past of her engaged in various sexual activities. Because Mr. N was an Immigrations and Customs Enforcement Officer, the case was reviewed by several investigating agencies. Ultimately, it was sent to the Pinal County Attorney’s Office, who declined to proceed with prosecution. Initially, Mr. N could have faced well over a decade in prison if convicted of these charges. However, he was never charged, and he was allowed to keep his career as a law enforcement Officer.