‘Let them all assault me’: Records show armed, off-duty Phoenix cop's plan at student anti-ICE walkout

Records show armed, off-duty Phoenix cop's plan at anti-ICE protest

A Phoenix Police sergeant is under internal investigation for his involvement as an armed and masked counter-protester during a student led anti-ICE protest in Chandler, according to records. FOX 10 Investigator Justin Lum obtained the Chandler Police report detailing how the off-duty officer allegedly wanted students to assault him.

CHANDLER, Ariz. - We’ve learned that an armed man who authorities say created a tense situation for high school students protesting ICE in Chandler is a Phoenix police sergeant. The incident he’s involved in is now under review by the Professional Standards Bureau. 

These student walkouts happened a week after federal agents in Minneapolis shot and killed Alex Pretti on January 24. Pretti was armed with a handgun he legally owned. As for this protest against Immigrations and Customs Enforcement in Chandler, the armed counter-protester is Dusten Mullen, a Phoenix PD community action sergeant with the Sound Mountain Precinct who was off-duty. According to this Chandler report, his goal was to get juvenile protesters to assault him.

The backstory:

Back in late January, student-led walkouts protesting ICE erupted across the Valley. On January 30, outside Hamilton High School in Chandler, a teenage girl was arrested. She was accused of throwing a water bottle at someone supporting ICE.

That’s what Chandler PD told us in its press release, but the report we’ve obtained reveals much more. That day, a Chandler officer assigned to the protest says 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 confirmed to be Phoenix PD Sergeant Dusten Mullen, who wore a black shirt, blue jeans, baseball hat, an exposed holstered handgun on his hip with two extra handgun magazines on his other hip, and his face was covered. 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. But the officer says he never saw any flags touch the car.

Dig deeper:

Students 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. Court records obtained by FOX 10 show Mullen has been employed with Phoenix PD since at least 2011.

Chandler PD’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."

A little later, a teen girl allegedly threw a cup of water on Mullen from a few feet away, not a bottle per the report. She was detained and later picked up by her mom from the site of the protest. Mullen did tell Chandler PD he wanted to press charges and was later escorted out of the area by police.

What they're saying:

Phoenix PD Commander Mercedes Fortune released this statement on Mullen:

"The Phoenix Police Department has been made aware of an incident involving Sergeant Mullen that took place while off-duty in a neighboring city. The matter is currently under review by our Professional Standards Bureau. Sergeant Mullen remains an employee of the department."

The other side:

Meanwhile, Mullen's attorney, Steve Serbalik, says "This matter is currently under investigation by the Phoenix Police Professional Standards Bureau. Sgt. Mullen cooperated with this investigation as a condition of his employment, and out of respect for the internal affairs process, he cannot comment on the story further. He hopes that PSB’s investigation will consider all factors, and result in a fair report."

What's next:

As for the case against the student, Chandler PD says it was submitted to juvenile court. We're told by the county attorney's office that misdemeanor charges for assault and disorderly conduct were submitted, but MCAO declined due to "no reasonable likelihood of conviction."