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State v. Ms. W (DMC No. 15290)

Ms. W worked for the Hayden Police Department in Gila County. She was in charge of taking cash pertaining to vehicle impounds, issuing receipts and releasing the vehicles. The Hayden Police Department alleged that money from 30 Impound Hearings, at $150 each, were missing and there were no receipts. All 30 of these impound fees were paid in cash by various citizens, totaling $4,500.

According to detectives, various witnesses claimed that they were told by Ms. W that they must pay in cash. Ultimately, a warrant was issued for charges regarding 8 Counts of Fraudulent Schemes and Artifices. After we were retained, we had the warrant quashed and had the case set to a Case Management Conference. After speaking with the Prosecutor on the case, we informed them that they did not have the following information which would be necessary for a successful prosecution: no clean copy of the Authorization for Release of Impound Vehicle covering the section of the towing and charging checkbox area; no copies of the tow sheets and citations for two particular cases; no copy of the citation in one of the departmental reports; and no copy of the Authorization for Release of Impound Vehicles without Post-it notes covering up vital information. Ultimately, the Prosecutor filed a Motion to Dismiss without Prejudice regarding these charges, which left Ms. W. with a clean record.

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