PHOENIX - A federal judge will decide what’s next in the internal investigation of a Phoenix police sergeant whose alleged off-duty conduct during a protest is under scrutiny.
The backstory:
We have been reporting on an incident involving Sgt. Dusten Mullen since early April.
Per our first report 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.
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."
As mentioned above, Mullen was off-duty when the incident happened.
"I was very clear with the chief that because this is a sergeant that works in one of the precincts that oversees my district, I have a lot of concerns with this officer working the streets in my community," said Phoenix City Councilwoman Anna Hernandez on April 8.
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.
On April 29, we reported that Mullen had filed a civil lawsuit, accusing Phoenix Police Chief Matt Giordano and Councilwoman Anna Hernandez of retaliation.
What Happened Today:
On May 4, Mullen's attorney told a judge the resulting internal investigation was rushed and influenced by a city councilwoman's criticism. For now, a temporary restraining order is pausing any potential disciplinary action.
The current contention is a "Loudermill" hearing — a pre-termination proceeding for public employees, which the judge put a pause on.
Neither Mullen, Chief Giordano, nor Councilwoman Hernandez appeared in district court. Still, Mullen is suing them for First Amendment retaliation and due process violations, as attorneys made their arguments before Judge Susan Brnovich.
"I think that there needs to be a thorough and fair review of the information that’s been presented. That’s what we asked for from the city prior to this and that’s what we’re continuing to ask for now," said Mullen's lawyer, Steve Serbalik.
Mullen’s attorney, Steve Serbalik, argues the Professional Standards Bureau rushed the internal review of his client's actions, and claims the investigation remains incomplete.
Phoenix Police Lieutenant Byron Bewley testified the investigation was rushed, claiming he was ordered to escalate Mullen’s violation to a Class 3 only after Hernandez’s public comments. Class 3 violations are for conduct so outrageous that "attempts to correct performance would be fruitless," a criteria that supports termination.
Lt. Bewley had only been on the Professional Standards Bureau for five months. He said he was denied more time to finish his investigative report, which he was responsible for editing and signing.
A city attorney maintains no decision on termination has been made, calling the three-month investigation fair and thorough. City attorneys declined to comment after court.
What's next:
A federal judge will decide what's next regarding the internal investigation.
"I’m glad that she took the time to hear the testimony, and I’m confident that she’ll consider the entire record," Serbalik said.
The Source: Information for this article was gathered by FOX 10 Investigator Justin Lum.