Arizona AG: No crimes in sheriff's department handling of deputy's alleged rape

There was no criminal wrongdoing in the actions taken by Pima County Sheriff Chris Nanos following the alleged sexual assault of a female deputy by her supervisor, the Arizona Attorney General’s Office says.

The Pima County Board of Supervisors in September 2023 requested an independent investigation by the state into how Nanos and the sheriff’s department handled the alleged sexual assault of the female deputy at a party attended by several members of the department.

The deputy has claimed that a lieutenant, captain and chief failed to adequately respond to the alleged sexual assault by a former sergeant, Ricardo Garcia, at the 2022 Christmas party. Garcia was fired then later arrested on suspicion of sexual assault.

A lawsuit filed by the deputy against Garcia, Pima County and other law enforcement officials says Garcia, who at the time led a team of school resource officers, and his girlfriend allowed the deputy to stay in their spare room after she felt she was unable to drive home. Garcia then allegedly sexually assaulted the deputy while she was unconscious, the document says.

Supervisors who voted for an independent review of the investigation cited the manner in which the internal investigation was handled, specifically that Nanos paused the internal investigation until the case made its way through the court system.

The Attorney General’s Office found no criminal wrongdoing in the sheriff department’s investigative process, according to a county memo to supervisors from Jan Lesher, the county administrator. The state office did, however, find possible violations of four sheriff’s department policies. According to the state findings, those are:

• “All members are required to take appropriate police action toward aiding a fellow police peace officer or department member exposed to danger or in a situation where danger might be pending.” This policy may have been violated by command staff.
• “A member shall act in an official capacity, whether on or off duty, if an incident is observed which requires policy action and time is of the essence or when such action will safeguard life or property, preserve the peace, or prevent the escape of a criminal. All responses must be consistent with the responses of an on-duty member.” This policy may have been violated by a sworn police officer who was off duty but on scene.
• “Supplemental Reports should be submitted when commissioned members participate in law enforcement activities requiring a case report to document their involvement in the incident.” This policy may have been violated by command staff who were on the scene or received direct reports but failed to document their involvement.
• “Unless otherwise approved by a supervisor, all property and/or evidence shall be packaged and secured in an approved property and evidence locker or delivered to the P&E Unit prior to the end of shift.” This policy may have been violated by a detective failing to properly secure evidence.

The Attorney General’s Office added that it is willing to review the internal investigation after it is completed by the sheriff’s department if county supervisors continue to have concerns.

Louis Fidel, the attorney representing Garcia, said he was surprised by the AG’s conclusion that the case was handled in a proper fashion.

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“I will say that we have felt from the beginning that the investigation of this case was not handled properly,” Fidel said. “I have deep concerns about that. From the very beginning we expressed that (concern) to the Sheriff’s Department, prosecutors, and the court. And we will continue to do that.”

Fidel said his client refused a plea deal in which he would serve no jail time and will head to trial in December.

“Ricky is adamant that he is not guilty,” Fidel said. “He is eagerly anticipating a trial and we expect he will be found not guilty.”

The lawsuit also states that Sheriff Chris Nanos “knew or should have known that policies and practices of his department were inadequate to protect victims of crime” and that there was a “culture of avoiding proper channels and chain of command in conducting official business.”

Greg Stoltz, the attorney representing the deputy in her lawsuit, said the AG’s ruling has little bearing on his client’s case. In fact, Stoltz, said it might speed things up. He noted that the complexity of the case — involving a lawsuit, a criminal case, as well as internal and external investigations — is rare but that he and his client are ready to move forward.

“She’s ready for this to be over, as you can imagine. It’s been going on a long time,” Stoltz said. “This report is positive news for our civil case.”

Scholtz described his client as a strong, single mother who continues to work and go to therapy in an attempt to process what she says she went through that night.

“She’s strong, and determined, and tough,” Stoltz said. “She’s gotten through hard things before, but she’s a real fighter and she’s ready to move on.”