Charges unable to be filed against MCSO deputy accused of unlawful sexual conduct
Gary Kaplan (Maricopa County Sheriff's Office)
PHOENIX - Officials with the Maricopa County Attorney's Office say they are unable to file charges in the case of a Maricopa County Sheriff's Office deputy who was accused of unlawful sexual conduct.
FOX 10 first reported the story on Oct. 4. The deputy, identified as Gary Kaplan, was placed on administrative leave, but officials did not disclose any details on what led to the arrest.
In a statement obtained by FOX 10 on Oct. 9, officials with MCAO say the facts surrounding the matter "do not meet the statutory requirements for Unlawful Sexual Conduct A.R.S. 13-1412," because the victim in the matter was not the subject of an investigation, and the law states it is a crime for a peace officer to engage in sexual conduct with the subject of an investigation.
According to the Arizona State Government website, A peace officer is deemed to have committed unlawful sexual conduct, under A.R.S. 13-1412, "by knowingly engaging in sexual contact...with any person who is in the officer's custody or a person who the officer knows or has reason to know is the subject of an investigation."
"This in no way diminishes the alleged conduct. We are extremely concerned and shaken any time a peace officer violates the trust given to them by the community, especially members of the community who go to them for assistance," read a portion of the statement by MCAO.
Officials with MCAO say they are discussing whether to seek a legislative change to the law in question.
Officials with MCSO say respect the decision of MCAO, but do not comment on current investigation "where factors are still under review."