TUCSON (KVOA) – Angela Heath Fox’s family intends to sue several Pima County entities and the estate of fallen constable Deborah Martinez Garibay.
Heath Fox was the property manager of the Lynd Commons apartment complex, who was gunned down by Gavin Lee Stansel while she and Constable Martinez Garibay were serving eviction notices.
Another innocent man, Elijah Miranda, was killed, and Stansel took his own life.
They filed a claim notice last month against the property of the Pima County Supervisor, Constable, County Attorney’s Office, and the Ethics Committee of Deborah Martinez Garibay and the Arizona Constable. Also known as the Arizona Attorney General’s Office. The family is seeking $50 million and claims various faults.
They argue that county superintendents should have seen red flags before appointing Martinez-Galibay to the position just four months before the shooting.
They paint the picture that she was the instigator of the conflict, though she had more than 20 interactions with police dating back to 2001, often claiming she was the caller. She also said the county supervisor should have fired her because she was under investigation for fraud. News 4 Tucson addressed an ethical concern that saw no resolution due to the fatal shooting.
We spoke to Martinez Garibay in May about the ethics investigation she was facing.
“Despite all this stress, scrutiny and bullying in every way, I do my best every day for my landlord and for my tenants,” Martinez Garibay said. rice field.
The Heath-Fox family also suspected that Martinez Garibay should not have put Angela in harm’s way because he did not have the mandatory training for a constable and knew about the violent threats made by Stansel shortly before the shooting. I argue that it wasn’t.
The claims also point to toxicology reports reviewed by News 4 Tucson, which show that Martinez Garibay had cocaine, amphetamines, including stimulants, and alcohol in his body at the time of the autopsy.
Pima County said it would not comment on the ongoing lawsuit, and the supervisor declined to comment.
The Martinez Garibay family also declined to comment. Carlo Mercardo, Heath Fox’s family attorney, sent us the following statement:
“While awaiting a response to our allegations … we have not provided any further comment beyond what is stated in our notice. If you do not respond, I will lodge a complaint with the senior management and ask you to stand in court and seek justice on behalf of our clients who lost their beloved mothers, wives and daughters in horrific circumstances.”
The entity named in the claim notice must respond within 60 days, with a deadline of April 18th. If they ignore or deny the allegations, the Heath-Fox family can sue.
If you have a case you would like us to investigate, please email us at investigators@kvoa.com or call us at 520-955-4444.
