Phoenix sergeant involved in off-duty controversy had 'exceptional' job review before incident

PHOENIX - We are learning more about a Phoenix Police officer whose alleged off-duty conduct during an anti-ICE student protest in Chandler sparked controversy.

The backstory:

We have been reporting on an incident involving Sgt. Dusten Mullen in recent days.

Per our first report on the incident on April 6, officials with the Chandler Police Department said a teenage girl was arrested on Jan. 30 outside Hamilton High School, and accused of throwing a water bottle at someone supporting ICE.

According to a report we obtained, however, a Chandler Police officer assigned to the protest said when a student pointed out a man with a full-face mask who seemed suspicious, he was seen walking back behind a palm tree. That man was later confirmed to be Mullen.

When the officer approached Mullen, he was arguing with students, telling them to "grow up and act like adults." He told the officer he wasn’t happy about kids flying flags that hit his car. The officer, however, says he never saw any flags touch the car.

The report states that students then became agitated, chanting and following Mullen, who they believed was an ICE agent. The Chandler officer advised him to take his protest elsewhere due to the volatile situation.

Dig deeper:

At the time of the incident, Mullen was armed with an exposed handgun in a holster and two extra handgun magazines.

Chandler Police’s report documents Mullen saying, "My plan is legitimately to just let them all assault me and you guys arrest them all, and I’ll keep it on film. I also have other people filming from a distance."

According to police, Mullen also said that more protesters in support of him were on the way, some armed with rifles, going on to say his goal was to "get all these kids in jail if they want to break the law."

We have learned it was Chandler Police, and not Mullen, who notified Phoenix Police about the alleged incident, another aspect under investigation by Phoenix Police's Professional standards Bureau.

On April 10, Phoenix Police Chief Matt Giordano said an employee with the department has been placed on administrative leave, following "a recent incident involving an off-duty officer in a neighboring city." The statement did not identify Mullen by name.

In the aftermath of Chief Giordano's announcement, an attorney representing Mullen said his client is being punished for protected speech, and called out the chief for implying that Mullen "engaged in misconduct."

The attorney, identified as Steve Serbalik, wants Chief Giordano to withdraw or correct his statement to the media, and lift the administrative leave. Serbalik also said Mullen promptly notified a supervisor, despite the department telling us that it was the Chandler Police Department that brought the incident to their attention.

"I don’t know why they’re saying that because I can tell you that Sergeant Mullen did make the appropriate call as required by policy," Serbalik said.

What We Know Now:

More than 100 pages of documents focused on Sgt. Dusten Mullen’s performance as an officer, and most recently, as a supervisor of the Community Action Squad. In fact, he received an "exceptional" rating days before the incident, which was captured on video.

In his 2026 review, which was dated Jan. 26, Mullen was congratulated for completing another successful year with the department. His supervisor, Lt. Robert Knapp, applauded Mullen for his team’s work on 500-plus arrests, and the recovery of nearly 60 stolen cars and 121 firearms in the South Mountain Precinct.

The incident that led to Mullen being placed on administrative leave happened four days later.

Mullen was recently made the new sergeant for the South Mountain Community Action Squad. According to the Phoenix Police Department, Community Action officers work with community groups and other city departments to "provide a holistic approach" to community concerns.

Mullen’s latest performance review also notes that he’s shown interest in supervising the Neighborhood Enforcement Team, and working toward his bachelor’s degree to become eligible for the lieutenants’ promotional process. Commander Rick Leyvas called Mullen an "experienced, professional, and dedicated leader."

In Mullen’s remarks, he thanked his superiors and said, "I look forward to continuing to work hard, lead effectively, and contribute to the success of our department."

The other side:

When asked what they should be looking for besides the statement that Mullen made to Chandler, Serbalik said, "Well, I wanna make this very clear: once you get the full video, or you wanna look for, as was their actual conduct that was said by Dustin Mullen when he was off duty, that would be inciting any type of attack."

When asked if he knew if Mullen was assaulted other than the water splash, Serbalik responded, "I do know, but this is the subject of the internal investigation and, as far as I know, those videos haven’t been released so unfortunately, I can only comment on the things that have been released, but I hope that the Phoenix Police Professional Standards Bureau, and the leadership of the department would look at all of the information which they do have in their possession."

What's next:

Phoenix Police Chief Matt Giordano says he’s taking the matter involving Mullen seriously, and will reveal his findings publicly when they are ready.