Editor's note: This story has been updated online to reflect further reporting after the print story was published.
A Corona de Tucson man has filed a $300,000 claim against the South Tucson Police Department, saying he was falsely arrested by a former police sergeant.
But the former police officer, who is now a Pima County constable, disputes many of the details in the claim, saying their contact was brief and he never made any threats of violence against the man.
In the claim, filed with the city Dec. 29, Garrett Clinton Murphy says he was driving home from Green Valley on July 3 when he noticed a car tailgating and "aggressively following him."
Murphy continued home, and when he pulled into his driveway, he noticed the car was right behind him.
The man following himΒ identified himself as South Tucson police Sgt. Thomas Schenek, showing Murphy his badge. Because Schenek wasn't in uniform or driving a marked vehicle, Murphy refused to provide his driver's license until calling Schenek's supervisor to verify he was a police officer, according to the claim.
Schenek told Murphy his truck had kicked up a rock, cracking the front windshield of Schenek's car.
A Pima County sheriff's deputy arrived, as Schenek had called the sheriff's department while following Murphy, and Schenek asked the deputy to arrest Murphy for criminal damage and reckless driving, the claim said.
Murphy told the deputy he was unaware that he'd kicked up a rock, and explained the details of Schenek's aggressive driving, saying he wasn't sure if the man was a real police officer, according to the claim.
Murphy was cited by the deputy for failure to have mud flaps on his truck.
After getting permission from his supervisor, Lt. Jeff Inorio, Schenek left and returned to Murphy's home in a South Tucson police car, arresting him on multiple charges, the claim says.
He was cited for civil charges of passing in a no-pass zone and failure to stop for a red light, and criminal charges of reckless driving, failure to identify himself to Schenek after being told to do so and criminal damage, all of which were subsequently dismissed by prosecutors.
In August, a Pima County Consolidated Justice Court judge granted Murphy and his family an injunction against harassment from Schenek. The injunction was dismissed a month later, court records show.
The claim, filed by Murphy's attorney, Mark E. Evans, says Murphy is an Iraq War veteran who has post-traumatic stress issues.
"Needless to say, the event in question did not help his PTSD," Evans wrote in the claim, adding that Murphy is being evaluated by a doctor for additional issues that have arisen on top of the PTSD.
Two days after the incident, Schenek submitted paperwork to medically retire from the department, said South Tucson Police Chief Michael Ford.
Schenek later told the Star his medical retirement had nothing to do with the incident and that he had discussed it with the department multiple times in the year leading up to the encounter with Murphy.
"I did not want to retire as much as my doctor encouraged me to do so for health reasons," Schenek wrote in an email to the Star, adding that he was already looking for another line of work when he submitted his papers to run for constable in February 2015, months before the incident with Murphy.
"His retirement request is under review of a panel that is outside of police supervision," Ford said.
At the time he submitted his retirement papers, Schenek was on administrative leave while the Arizona Department of Public Safety assisted the city with its investigation into the incident with Murphy, Ford said.
"The city's review of that investigation did lead to the termination of the supervisor who was consulted on and approved some of the actions taken in this event, and Mr. Schenek's actions were determined to not be within policy," Ford said.
After leaving the department, Schenek was elected as a Pima County constable in November.
In addition to the police department, Ford, Inorio and Schenek are all named as responsible parties in the claim.
Evans said he was unable to comment.
The city has 60 days to respond to the claim before Murphy can file a lawsuit.
