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The Verde Independent | Cottonwood, Arizona

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5/18/2013 11:17:00 AM
YCSO deputy fired after review of conduct in Iron Brotherhood bar fight investigation
By Lisa Irish
Contributing Reporter

Yavapai County Sheriff's Dept. Deputy Mark Boan was fired Friday in connection with his conduct during investigations of a fight between a bar patron and Iron Brotherhood members on Dec. 22, 2012, at Montezuma's Bar in Prescott.

YCSO Sheriff Scott Mascher noted in a news release Friday that the YCSO personnel review board also recommended the termination of Capt. Marc Schmidt and Sgt. Bill Suttle for their conduct in the incident. Both Schmidt and Suttle resigned to apply for retirement on March 11.

"I have thoroughly reviewed the reports submitted by Coconino County Sheriff's officials regarding the Whiskey Row incident that occurred in Prescott on Dec. 22, 2012," Mascher said. "I want to assure the public we serve that the dedicated men and women of this office hold themselves to a higher standard."

Coconino County Sheriff's Office Cmdr. Rex Gilliland wrote in his administrative investigation of YCSO personnel's involvement in the incident that while there was no evidence that Boan had been involved in the fight or had violated Arizona law, Boan had information directly from two Iron Brotherhood members involved in the altercation and did not provide that information to Arizona Department of Public Safety investigators when asked.

"In fact, Boan was made a witness when (former Prescott Valley Police Chief Bill) Fessler and (Phoenix Police Officer Eric) Amato told him what occurred that night," Gilliland wrote. "Fessler said that Amato punched the other party. Amato did not admit to the punch, but said the other party swung at him and he pushed this person and took him across the bar."

The YCSO personnel review board met Tuesday, May 7, to review the Coconino County Sheriff's Office administrative investigation that Mascher requested into YCSO personnel's actions during the incident, the initial investigation by Prescott Police, and the Arizona Department of Public Safety's criminal investigation into the incident.

According to the YCSO personnel review board report, "Deputy Boan's actions or lack thereof, commencing over the months before and following the incident, demonstrated his judgment as a veteran officer (14 years of service) has diminished with regard to the understanding of his oath as a certified peace officer and loyalty to the Sheriff's Office (prior knowledge of an assault by a club member in previous months before the night of this incident and continued support of such club and actions before and after the Moctezuma's incident)."

Boan has indicated he intends to appeal the action, YCSO Spokesman Dwight D'Evelyn said.

"As your sheriff, I want to apologize to our community for any trust we may have lost as a result of this event," Mascher said. "I know the badge has been tarnished, and we will work relentlessly to regain the community's full trust and confidence."

The DPS investigation recommended several felony charges be filed against several Iron Brotherhood members, and a misdemeanor charge of disorderly conduct against Justin Stafford, who was injured in the bar fight.

DPS had recommended felony charges against Suttle including obstructing criminal investigation/prosecution and false reporting to law enforcement agencies.

The Maricopa County Attorney's Office has not yet made a recommendation on filing criminal charges in the incident.

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Reader Comments

Posted: Thursday, May 23, 2013
Article comment by: J W

while I agree these Ex officers need to be charged, Some of you havent read the whole report. I did I sat down and for over a week went thru all 2200 plus pages. First off if any charges are to be filed it will be thru the PRESCOTT pd not prescott valley the crime happend their. Next in this case of now ex officer Boan he refused to answer question during a investigation. Now if it was a non-post person (police officer standard training) we have the right to tell them no and direct them to talk to your lawyer. as a officer they either signed a contract or it is in their policy that they have to answer question or face disciplanary action up to firing. Next Coconino County Sheriff's Office is the one along with DPS that recommended firing and poss charges. DPS is know for going after and firing officer that have done wrong. it may take time but all involved will face judgment.

Posted: Wednesday, May 22, 2013
Article comment by: Mark, now that you are jobless, why don't you enlist in the military?

Then you could be a true soldier, not just a wanna be. But I think you'd be surprised once you got there...they shoot real bullets at you!

Posted: Wednesday, May 22, 2013
Article comment by: Fessler talks, Amato walks,

while Boan is busted for not talking?

"Fessler said that Amato punched the other party."

Then shouldn't Eric Amato, the Phoenix cop, be fired and face assault charges in Prescott Valley?

Posted: Monday, May 20, 2013
Article comment by: flaco comir

Perjury and assault is a crime in AZ...So what is the hold-up here? Schmidt should be charged...and the entire posse of 1% wannabees!

Posted: Sunday, May 19, 2013
Article comment by: Tom Babbitt

National Socialists are obsessed with their fellow Arizonans body chemistry. These zealots will destroy every social institution that Arizonans have built to pursue their obsession.

Posted: Sunday, May 19, 2013
Article comment by: still wait'n

any body eles would have been take'n to jail on these charges.i didnt know you could just go home and wait to see if the county attorney is going to press charges. wow.i was told the cop at the time could press charges on whats up,? witch way does it work.thay still dont get it .you'll see,time will pass.and nothing will be done.he will just get rehired down in yuma are somewere back on the road.with a chip on his shoulders. look out.

Posted: Saturday, May 18, 2013
Article comment by: Bob Loblaw

The likelihood of charges being filed against gangster cops is about nil!

Yavapai County Sheriff's officers regularly terrorize our citizens with impunity.

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