DEWEY-HUMBOLDT - Imagine officers arresting you because you failed to answer a summons for a misdemeanor that you never received.
That's what happened to David Waters, who said he's been living a nightmare since complaining about a neighbor's barking dog.
Waters, 55, got a ticket charging him with "dumping on a public roadway" on March 9. The neighbor, who complained to police that he'd discarded a cigar while driving his quad-runner was the dog owner who Waters turned in.
"How am I going to smoke a stogie when I have a full face helmet on?" Waters asked. "Even if I didn't have a helmet on, you'd have burn marks and with my wife on the back?"
In May the Mayer Justice Court dismissed the case for jurisdictional reasons but the complainant re-filed it in the Dewey-Humboldt Court. However, because the ticket listed Waters' street address and not his post office box, where he gets his mail, Waters never received a summons for a hearing. Instead, Yavapai County Sheriff's deputies came to his door on Sept. 1 and arrested him.
"They came to door handcuffed me and shackled me," Waters said. They told him, "'We have a warrant for your arrest.' I stepped out of the house. I showed them a piece of paper (that said the case had been dismissed)." But the officers told him the warrant was in their computer and valid. Waters spent several hours at the county jail in Camp Verde before a bail bondsman posted his bond early the next morning.
Waters' lawyer, Emily Dolan, said Waters' situation is not unique.
"It's quite common in Yavapai County," Dolan said, concerning defendants who don't receive notification because of mix-ups like Waters' case. While officials in Mayer knew Dolan represented Waters, they did not notify the court in Dewey-Humboldt of that fact.
"This happens statewide," Dolan said. "I filed a notice that I'm his attorney. Mayer had my name on the file. There is no communication." While "Mayer could have told Dewey, they never do. I've had cases in Prescott City Court where they dismiss the case and re-file the case and fail to notify my client and turn around and put a warrant out for that person's arrest. This is the same court that knows I'm the attorney. Same court, the same client, they dismiss that case and pretend it never happened."
What struck Dolan as strange was that police arrested Waters at all. Usually, when someone fails to appear for misdemeanor charge rather than a felony, the police don't bother to arrest a person unless they happen upon him, usually during to a traffic stop.
"It's very rare that somebody would proactively pick him up," Dolan said. "My guess would be that somebody who had inside contact would say, 'Go get him.' He got arrested for something he had no control over."
In Waters' case, it was really highly unusual that police officers show up at the door and arrest him, Dolan said. "He really wasn't at fault and he's being treated like a criminal. He really is innocent and they aren't even giving him the time of day. It's a problem with the system. All law enforcement officers should be more careful to make sure the address on the citation is the correct mailing address."
When asked about Waters, Jeremy Gray, the clerk of court for Dewey-Humboldt, said, "The only address the court had for him was his home address. It's the defendant's obligation to notify the court of his change of address."
Dwight D'Evelyn, a spokesman for the Sheriff's Office, said the warrant for Waters' arrest had been valid and that the deputies were serving it on behalf of the court.
"The court says it's not our fault," Dolan said. "Regardless of not their fault an innocent man went to jail on a non-jailable civil ticket. That's not right. He doesn't have any recourse. Is it that hard for law enforcement officers to ask what is your mailing address? I don't think that would require a lot of training."
Meanwhile, Magistrate Catherine Kelley granted requests for injunction against harassment against Waters by two neighbors, the same neighbor who accused him of tossing a cigar and another neighbor, according to court records. The neighbors alleged that Waters pointed a laser into their living room, shouted obscenities, laughed a "hearty crazy laugh," stared a them and owns guns.
Kelley ordered Waters to refrain from videotaping them, using binoculars or telescopes, cease using laser devices, stop using Mustang Drive East of Pony Way, refrain from using hand signals or yelling, leave his porch if the neighbors are in their yards, and must not possess firearms or ammunition.
Waters said there was no proof of his neighbors' allegations and that he is a church-going man who does not swear.
"Last time I heard it was legal to own guns and rifles in the state of Arizona," he said, but he and his wife removed their guns from their house as the judge ordered.
"This is insanity. It's more outrageous every day. It's like I'm living in a surreal world. My Second Amendment rights are gone. I can't walk on my deck. Is that even legal?"
Kelly set a hearing on the injunction for today at 2 p.m. Waters will have his day in court concerning the littering case on Jan. 21.
Reader Comments
Posted: Friday, January 01, 2010
Article comment by:
No name provided
The Mayer Court had nothing to do with it, Judge Kennedy is a very honest, and decent person, It was Dewey/Humboldt court from what I read. Hey where is Dewey/Humboldt court located anyway??
Posted: Wednesday, December 30, 2009
Article comment by:
La Raza
Take out the cookies and slide them off the sheet, this neighborhood is cooked. Well too bad the guy got his guns back as it goes against our rights as Americans when nuts have guns.
Posted: Wednesday, December 30, 2009
Article comment by:
La Raza
Turn the oven off.
The USA is done.
Posted: Wednesday, December 30, 2009
Article comment by:
WORDS OF more WISDOM!
WORDS OF WISDOM what you say has no validity due to you are a person that can't even spell. This is such a weird town. Full of idiots. The man is innocent, however he lives in Yavapai County what did he expect? Look at the DeMocker case.....for example.
Posted: Wednesday, December 30, 2009
Article comment by:
Chuey
It's obvious by reading the blogs that most of these are posted by the Mr. Waters. Grow up sir. Life is too short to act like you're six.
Posted: Wednesday, December 30, 2009
Article comment by:
No name provided
If you want to save money by not going to the circus; stop by the Mayer Circle K.
It's like the mutants from "The Hills Have Eyes"...
Seriously, what is in the water in that town? It does not surprise me when I see the most white-trash, convoluted stories coming out of Dewey-Humboldt, and Mayer...
Posted: Wednesday, December 30, 2009
Article comment by:
Judge This...
With the budget shortages facing all levels of government should 3 deputies driving 3 fifty thousand dollar units with the most advanced electronics available be involved with arresting someone for the offense of dumping a cigar butt? Sheriff you got to make some policies that list priorities. You have made the taxpayers believe you need all these men and all these fine cars yet we see so much waste and overkill it is hard to justify your budget. Someone stole a fund raising jar off the counter of a neighbor hood store and they sent 3 sheriff's cars out to investigate a six dollar theft. Get real folks. sheriff, your phone is ringing.
Posted: Wednesday, December 30, 2009
Article comment by:
No name provided
A solution to a common problem. Unfortunately the courts failure to notify a defendant of a required hearing, or a defendants failure to notify the courts of a change of address is all too common in the judicial system. Simply put, it is a failure to communicate resulting in increased legal fees, jail overcrowding,a waiste of the courts valuable time and of tax payers dollars. A simple solution to this problem would be to employ the services of a company such as www.eCourtDate.com. Cost effective and very reliable.
Posted: Wednesday, December 30, 2009
Article comment by:
WORDS OF WISDOM
Incent people being victmized be the police and judges, property taxes going up when property velues is going down tax returns 640 to 1280 less this year and a presdient that bows to other counturies spells terisam to me. Some say we are not vilanet, we will handle this thru leagel means but the leagle system is tated and the civil war was not won with words but with bullets.
Posted: Wednesday, December 30, 2009
Article comment by:
No name provided
too bad the judge didnt see the neighbors are retaliating. Dont call the cops or you will be arrested seems to be the way in AZ.
people with dogs think they can let them bark and rule the neighborhood
Posted: Tuesday, December 29, 2009
Article comment by:
No name provided
the address problem is classic. The police will not accept a PO Box as an address and ask for a physical address. This happens time and time again. As far as recourse using an attorney, you have got to be kidding! We do not have a justice system...PERIOD!
Posted: Tuesday, December 29, 2009
Article comment by:
THE TIME IS NOW!
I work for a local utility company and had a DPS officer that had a personal beef with me make up charges, when I went to court in mayer the charges were droped but the judge refused to press charges agisnt the dps officer. The judge told me off the record if he was to request charges agisnt the officer it would open a can of worms and did not want to be invold in, he also told me they bring in alot of money to mayer from there illiagle searches and what not. This is orginazed crime folks.
Posted: Tuesday, December 29, 2009
Article comment by:
Had Enuff Stupidity!
The Mayer Justice Court is a total joke and an embarrassment to this entire county. Just ask attorneys and judges for their honest opinion. All of this mess over an ALLEGED littering of a cigar and a barking dog? Common sense would've told the deputies it is not necessary to arrest a man on such a misdemeanor charge that was only ALLEGED to have happened. This is absolutely ludicrous.
Posted: Tuesday, December 29, 2009
Article comment by:
Attorney Malpractice?
YUP -- MUCH more to this story, especially since it's obvious his arrogant attorney did not do her job to protect him. Sounds like malpractice to me. HOW LONG has she been representing Waters? Easy to blame it on YCSO, but scratch a little deeper and no doubt you'll find there is a long history, and Dolan will turn out to be the one who dropped the ball.
Posted: Tuesday, December 29, 2009
Article comment by:
Rocky
Move to mesa and see real crime! While you live in peaceful prescott area obey the law and the rules!
Posted: Tuesday, December 29, 2009
Article comment by:
UNCONSTUNAL
Officers that enforce laws that are unconstitutional are in fact breaking the law remember they take an oath to protect this country from all enemies foreign and domestic sounds like the police should have arrested the judge not this man. Oh well when there is the next civil war I am sure they will be hunted just the same as the politicians that use the constitution for toilet paper.
Posted: Tuesday, December 29, 2009
Article comment by:
La Raza
You have no idea how happy I am that these people live in Dewey and not near me. Maybe the judge should have taken away their crayons also. GROW UP PEOPLE & PLAY NICE!!!
Posted: Tuesday, December 29, 2009
Article comment by:
'Come on man!'
I won't bad-mouth law enforcement because I know they do a pretty good job and I've been treated pretty well by many of them. But let's face it folks, sometimes you encounter the one who seems to have the intellectual capacity of an 8th grader and who also has a chip on their shoulder as big as Thumb Butte. "Shackles", really? And why is it, with all the available, technology, that an officer can't possibly check out the validity of something like this before taking the guy to jail? Then there's the local courts. Again, no major complaints on that. But I have to say that I was a little concerned when one day, I had to take my insurance card to the courthouse to absolve a "warning" ticket for no proof of insurance. After basically getting "released" by the lady behind the plexi-glass, I left fearing "what if that doesn't get registered in the system"? I had no receipt etc. to prove to a cop if I needed it later on. And even if I did, it sounds like this one Sheriff's officer would have SHACKLED me anyway! It's a bit scarry.
Posted: Tuesday, December 29, 2009
Article comment by:
No name provided
Police officers are required by law to arrest you if you have a valid warrant. It does not matter what it is for or if it was a mistake. The police have no discretion on this. Agencies will do periodic warrant sweeps and that is usually the only time they would come to your house on a misdemeanor warrant (probation violations may be the other). The courts are to blame on this, not the cops. As far as his mailing address goes, it is his responsibility to make sure he gives it out. If you just give out your street address, most people will assume it is your mailing address. This is just common sense. Somebody mentioned that Humboldt doesn't get mail service. I did not know that because I don't live there. I bet most people who don't live in that area, don't know that. When I had different addresses, I always asked "which one do you want". When in doubt, I gave them both. It sounds like this guy's biggest problem is his feud with his neighbors. I'm not taking sides.
Posted: Tuesday, December 29, 2009
Article comment by:
prescott native
at least he does not live in pv they dont care if your neighbors dogs bark or if they are breaking the law by having 18 dogs it is your problem. Now in mayer we get the sherriffs office all riled up and they make a false arrest hum maybe get your self a lawyer and sue yavapai county. Maybe there is another side to the story why did courier not report it
Posted: Tuesday, December 29, 2009
Article comment by:
wabi
all the people involved in this need to return to kindergarten & learn how to play nicely together.
Posted: Tuesday, December 29, 2009
Article comment by:
Gracie
To An American: You're right, a judge has absolutely no right to make a man who is guilty of nothing remove his firearms from his home. Kind of makes one think the judge knows something YOU don't know!
Posted: Tuesday, December 29, 2009
Article comment by:
lets take a stand people
well those of you that are in favor of this man's arrest are obviously his unbelievable neighbors or their friends. this is the most ridiculous thing i have ever heard of. cant be on the porch, cant take these roads, and take your guns out of the house. well we have lawyers for a reason so i think with the right one this guy has a huge case. his civil rights were clearly violated by the police as well as the judge. time to get the naacp involved, write a letter to the governor or whoever will listen. everybody on this blog that thinks this is a bad deal, instead of typing on here write a letter to a congressmen, or the governor as i will do the same. if we dont take a stand its only gonna get worse. dont wait for it to happen to you...
Posted: Tuesday, December 29, 2009
Article comment by:
Mason
The story is not about what the neighbors said or did or what this man said or did. It is all about how the courts made a mistake and he paid for it with legal fees and arrest.
Posted: Tuesday, December 29, 2009
Article comment by:
Opossum Stew
Clarification; that 55 sign along the highway in Dewey Humboldt isn't the speed limit, it is the average IQ of those posting to this story. "GIT THE GUN MA, fer the Feds take it soes I kin wave at thim nabers diven by".
