PJ’s Pajama Party

Phoenix Suns player P.J. Tucker - Photo from FOX videoOPINION by Glen Davis

PHOENIX – Finally. Arizona is complying with the Eighth Amendment. Sort of.

You might recall last month when Arizona executed Joseph Wood while he slept. This has apparently had a significant impact on Arizona jurisprudence.

PJ Tucker will not have to spend time in icky old tent city in Phoenix for his extreme DUI conviction. He’s been sentenced to three days in Kawliforna.

While being sentenced to spend time in California might be a violation of the Eighth Amendment, he will have to spend his time in sunny, California in an air conditioned cell separated from the other icky inmates. And he will have to pay a whole $200 a day to do it!

In addition he will be grounded for eleven days when he returns home and have to have an ignition interlock device installed.

You or I would probably be held to the standard of Arizona Revised Statute 29-1382, Section D. 2:

A person who is convicted of a violation of subsection A, paragraph 2 of this section [Blood alcohol content of more than 0.20] shall be sentenced to serve not less than forty-five consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

There are possible extenuating circumstances surrounding any case of which we may be unaware. Maybe his apology had something to do with it. If you are ever arrested for extreme DUI, do not forget to apologize.

The lesson here is DO NOT drink and drive. Unless you have a significant bank account.

To be fair to Mr. Tucker, he may have been actually remorseful and may never do it again. Only time will tell.

Deputy County Attorney receives Prosecutor of the Year Award

FLAGSTAFF – The Coconino County Attorney’s Office is pleased to announce that one its felony prosecutors has received statewide recognition.

Deputy County Attorney Ammon Barker was awarded Prosecutor of the Year for Rural Counties by the Arizona Prosecuting Attorneys’ Advisory Council on July 31st at the annual conference in Tucson. Barker competed against numerous other worthy candidates from other County Attorney Offices, but prevailed as a result of his exceptional year in obtaining jury verdicts in several major criminal cases.

“Ammon had a stellar year in the courtroom and we are very proud of him”, said County Attorney David Rozema.

Barker arrived in Coconino County less than four years ago through the office’s recruitment program with dreams of trying the most violent offenders. During the last year, his dream became reality, as he successfully tried a first degree murder, two machete attack cases and a domestic violence murder. The first degree murder conviction was based largely on a tire print taken from the scene and other scene reconstruction. The other cases presented challenges as well, including evidentiary difficulties and hostile witnesses.

Additional APAAC award recipients from the County Attorney’s Office include Chief Deputy County Attorney Michael Lessler, who received the Prosecutor Lifetime Achievement award in 2006, and former Senior Trial Attorney Jonathan Mosher, who received the Prosecutor of the Year award in 2011.

Coconino County Sheriff’s Office Conducts OUI Checkpoint at Lake Powell

boatPAGE – On Saturday, August 9th 2014 law enforcement agencies in Northern Coconino County will be conducting an Operating Under the Influence (OUI) and boating safety checkpoint at Lake Powell from 3:00 pm to 7:00 pm. In an effort to reduce the number of persons killed and injured in alcohol and drug involved boat collisions, OUI checkpoints are conducted to identify offenders and get them off the waterways as well as to inform and educate the public of the dangers of impaired boating.

OUI checkpoints are a proven-effective method for achieving this goal. By publicizing these enforcement and education efforts, the Coconino County Sheriff’s Office believes boaters can be deterred from operating watercraft while under the influence of alcohol or drugs. In addition, members of the boating community are encouraged to ensure their vessels are properly outfitted with required safety equipment to ensure a safe voyage.

Traffic volume and weather permitting, all vessels may be checked for safety equipment and operators who are under the influence of alcohol and/or drugs will be arrested. Our objective is to send a clear message to those who are considering operating a watercraft after consuming alcohol or drugs-Boat Safe, Boat Smart, Boat Sober! Deputies of the Coconino County Sheriff’s Office will partner with Officers of the Arizona Game and Fish Department, National Park Service, Arizona Department of Public Safety, and the Page Police Department. It is our desire that this two pronged approach of public awareness/education and strict enforcement will allow boating enthusiasts to have an enjoyable and safe recreational experience in Coconino County.

Safe boating recreation is a must, and everyone should take a minute and remember to check your boats, personal watercraft and all equipment before launching at your favorite lake or waterway. Make sure you have all required safety equipment, such as proper fitting life jackets and working fire extinguishers.

Arrest in Page for Trespass on Houseboat

PAGE – On August 3, 2014 the Coconino County Sheriff’s Office received a report of trespassers on a houseboat in Antelope Point Marina on Lake Powell. Antelope Point Security Staff reported over 12 people on a docked houseboat who appeared to be using the 65 foot privately owned vessel for illegal activity.

National Park Service Rangers and a Coconino County Deputy responded and identified several subjects on the houseboat and were able to determine that no permission was given for them to be there.

A 38 year old male subject from Page was arrested for trespassing and booked into the Coconino County Jail Page Facility as a result of the investigation.

The investigation into the incident is currently under investigation by the Coconino County Sheriff’s Office.

Man Arrested on Four Counts of Sexual Conduct with a Minor

FLAGSTAFF – Coconino County Sheriff’s Detectives arrested a 69 year-old man of Doney Park on four counts of Sexual Conduct with a Minor involving his granddaughter.

On Thursday, July 31, 2014 a Doney Park resident walked into the Sheriff’s Office to turn himself in for engaging in sexual conduct between the years 2006-2011 with his then eight year old granddaughter.

During a subsequent interview with Detectives the suspect made statements implicating himself in the crime of continual sexual conduct with a minor. The suspect was arrested on four counts of sexual conduct with a minor and was booked into to the Coconino County Detention Facility located in Flagstaff.

The suspect’s name and booking photo are being withheld in an effort to protect the victim’s identity.

Arguments ‘For’ and ‘Against’ Coconino County Ballot Tax Question Sought for November 4, 2014 Election

FLAGSTAFF – On November 4, 2014, the Coconino County Board of Supervisors will hold an election asking the voters of Coconino County to vote on a ballot question that would authorize a County Sales (Transaction Privilege) Tax for maintaining and preserving the conditions of Coconino County maintained roads.

Specifically, voters will be asked:

Shall Coconino County be authorized to levy and collect a three-tenths of a cent ($0.003) sales tax, for a period of twenty (20) years, beginning January 1, 2015, to fund the maintenance and preservation of roads maintained by Coconino County and fund those costs related to, but not limited to, snowplowing, dirt road grading, road surface chip sealing, road maintenance and other road-related expenses?

The proposed three-tenths of a cent ($0.003) sales tax is equal to thirty cents on each one hundred dollars of taxable sales within Coconino County.

Coconino County will prepare an informational pamphlet for the election. The pamphlet will be mailed to all households of registered voters in the county. Arguments “For” and “Against” the ballot question are being requested by the County for inclusion in the informational pamphlet.

Anyone who would like to submit a “For” or “Against” statement regarding the election can mail or hand deliver their statement to Coconino County Elections, 110 E Cherry Ave, Flagstaff, AZ, 86001.

The statement may not exceed 300 words and must include the original signature of the submitting party. If the argument is sponsored by an organization, it must be signed by two of the organization’s executive officers. If the argument is submitted by a political committee, it must be signed by the committee’s chairman or treasurer. The person(s) signing the argument must provide their mailing address and phone number (this information will not be printed in the pamphlet).

The cost to file an argument is $100 per argument filed on paper. If the argument is submitted electronically (on a cd or USB drive), the cost is $75 but, in order to meet the requirement for an original signature, it must be accompanied by a paper copy.

Arguments must be received by 5 p.m., August 11, 2014 in the Coconino County Elections Office at 110 E Cherry Ave., Flagstaff, AZ 86001.

For more information regarding the statements, call 928-679-7860
.

Northern Arizona Gazette predicts winners in city council race

Mayor John Moore may be re-elected

Mayor John Moore may be re-elected

WILLIAMS – Using the latest polling and scientific methods, the Northern Arizona Gazette feels confident in predicting the outcome of the city council race in the City of Williams.

With the results of the early balloting not yet in, we believe that Don Dent, Lee Payne and even Bernie Hiemenz will retain their council seats.

It also appears that Mayor John Moore should receive a majority of the votes provided no dogs, horses or other animals or livestock are written in.

On a serious note, Proposition 402 appears to be not consistent with Arizona voting practice. In the past, courts have stopped Propositions which asks voters to approve two different items in one proposal.

This Proposition calls for voters to approve the extension of the alternative expenditure limitation, or the so-called Home Rule. Otherwise the city would have to comply with the expenditure limits imposed by the State of Arizona. This proposal would allow Home Rule in Williams through 2019.

It also allows the candidates for office to be declared the winners in the primary election without having to appear on the ballot for the General Election on November 4. This would prevent any person desiring to be a write-in candidate for the General Election from running.

Williams receives a weather respite

Rain drops rippled puddles this morning.

Rain drops rippled puddles this morning.

WILLIAMS – The Zip Line ride in downtown Williams opened this afternoon as the city received a respite from the hailstorm of yesterday. The rain continued throughout the night and into this morning.

140803-18-hail

No. That green thing is a real softball.

The good news is that the ground is so saturated that puddles are forming throughout the town. This limits the fire danger considerably. This is particularly helpful since the Kaibab Forest service plans to continue managed burns. Patches of hail remain from the storm yesterday.

The forecast shows a 40% chance of thunderstorms throughout the night which has already started as of this writing. The low is expected to be about 54 with south southeast wind around 8 mph.

Here's mud in your face.

Here’s mud in your face.

Tomorrow there is a 50 percent chance of showers and thunderstorms. It will be mostly cloudy, with a high near 75. The wind will be south 7 to 16 mph, with gusts as high as 25 mph. Tomorrow night there is a 30 percent chance of thundershower activity with winds just slightly less.

Tuesday and Wednesday are expected to be clear with a chance of thunderstorms beginning again on Thursday.

The weather for Flagstaff is essentially identical and the weather service has issued a warning about possible localized flooding for the area.

Williams experiences global cooling

Williams drenched by rain and hail.

Williams drenched by rain and hail.

WILLIAMS – The City of Williams was deluged, today, by a short duration of rain and hail. It hailed so heavily that there appeared to be piles of snow on the ground and traffic slowed to the speed limit.

Williams was enjoying a warm day when the rain and hail hit about 1 pm. Electricity went out for about a minute. The ground was still so warm that in some areas steam began to rise creating a thin fog. The temperature dropped drastically and as of this writing is still cool.

Motorists traveling from Flagstaff to Kingman should plan ahead, expect delays

adot-logo-03aPARKS – Motorists traveling along Interstate 40 from Flagstaff to Kingman need to plan ahead and allow extra travel time as the Arizona Department of Transportation continues a rockfall containment project approximately 15 miles west of Flagstaff that will require weekly 30-minute rolling closures due to blasting operations.

Beginning at 9 a.m. on Thursday, July 31, a rolling closure for up to 30 minutes will be necessary in both directions of I-40 near Parks (mileposts 180-181) to allow crews to perform blasting rock cuts along the highway and clear debris from the roadway. In preparation for the blasting work, westbound I-40 is currently narrowed to one lane through the work zone until the restriction is lifted on Friday afternoon.

A weekly 30-minute rolling closure is scheduled to occur at 9 a.m. during mid-week until the project is completed. ADOT will notify the public in advance of the weekly rolling closures until the project is completed.

The $1.6 million safety improvement project is necessary to protect motorists and prevent damage to the highway from falling rocks, particularly during monsoon storms and heavy rains, while reducing the frequency of closures due to falling rocks. Work includes rock excavation and scaling, installing rockfall netting and constructing a wider rock ditch.

This is one of four current I-40 projects between Flagstaff and Kingman. ADOT recently started a $13.6 million project to upgrade a 15-mile segment between Rattlesnake Wash, five miles east of Kingman, and the US 93 junction (mileposts 57-72). The paving project is expected to be completed this fall.

ADOT is nearly complete with a resurfacing project from Ash Fork to Williams (mileposts 146-161). The $10.5 million project started last summer, and following a winter shutdown, the project will be completed this year. In the same vicinity, ADOT is also working on bridge rehabilitation projects from Ash Fork to West Ash Fork (mileposts 143-147).