Eight months after the Tucson shooting that killed a cop and three others, the family of one of the victims filed a $50 million claim against the Pima County and Deborah Martinez Garibay properties for negligence. I did.
Also designated are the Office of the Attorney General and the Arizona Constable Ethics, Standards and Training Commission.
Attorneys representing Angela Fox’s family said, according to a notice of amendment to the claim filed against Pima County on Feb. 17, Constable Deborah Alleged Martinez Garibay had cocaine, amphetamines, methamphetamines, and alcohol in her system.The allegations also allege that she is under county investigation for felony fraud.
Attorneys filed the first Notice of Claim on October 12. A claim must be filed before a party can file a lawsuit.
Fox was the property manager for Apollo Commons Management, which includes Lind Commons Apartments in Tucson. On the morning of August 25, Fox, along with Martinez Garibay, evicted tenant Gavin Lee Stansel.
Stansel is accused of shooting Constable Fox and another victim, Elijah Miranda, before shooting himself during the eviction.
Martinez-Garibay allegedly knew Stansell had a firearm, but had Fox accompany him to the front door of his apartment for eviction.
“Constable Deborah Martinez Garibay should not have allowed Angela Fox to be harmed during her contact with Mr. Stansel,” Fox’s family attorney said.
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In an amended notice of claim filed on February 17, attorneys argued that Martinez Garibay was ineligible for the rank of constable because of his history of violence and his felony investigation.
“MS. Martinez Garibai should never have been appointed by the Pima County Board of Supervisors.
Martinez-Garibay was hired in March 2022 to replace Kristen Randall, who resigned as District 8 Sergeant in February. Martinez-Garibay applied for her position, and the Pima County Board of Supervisors hired her on March 15 with one abstention to her 4-0 vote.
In the amended claim notice, the attorney listed a number of violent incidents involving Martinez Garibay, during which law enforcement agencies were called.
These incidents include road rage altercations, bar fights in which she punched people in the face, and other confrontations that Martinez-Garibei often escalated.
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In one incident in 2012, Martinez Garibai was accused of pointing a gun at another unarmed driver during a street collision. In another, she is said to have had an altercation with a postman.
Her attorney reiterated that these complaints were not convictions, but serious concerns about her character.
“There is a pattern of physical confrontation, harassment and interpersonal conflict, the use of the police as a means of intimidation, and a lack of composure that Martinez Garibay has clearly seen reading a series of communications with law enforcement. The last 20 years of her life,” the lawyer said.
After Martinez-Garribai was hired, she forged a signature on a nomination petition to run for constable and was found not to live in Pima County Division 8, which the county found out about.
According to lawyers, Martinez-Garibay was supposed to live in the 8th Precinct to be eligible for appointment to the post.
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The allegations said Martinez Garibay must win the November 2022 election to retain his position as constable, which requires the candidate to be a resident of the 8th Precinct. .
“The county was responsible for appointing Ms. Martinez Garibay and after these confirmed concerns were raised, the county was responsible for removing or suspending her,” the attorney said in the notice of claim..
It was also found that she did not have the required constable training. Although this training is mandatory for constables elected to the position, she was appointed by the county rather than by election, so she never attended the training.
“As an appointed employee of Pima County, I am responsible for the negligent actions of Constable Martinez Garibay through the theory of response. [sic] superior and/or vicarious liability, negligent hiring, training and supervision,” the attorney said in the amended claim notice.
Pima County did not respond to attorneys by the billing deadline.
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Please contact the reporter at sarah.lapidus@gannett.com.
