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    • Sign defacement case against Chandler Vice Mayor OD Harris dismissed
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    Sign defacement case against Chandler Vice Mayor OD Harris dismissed

    Online Niel Posted on

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    The case alleging that Chandler Vice Mayor OD Harris criminally vandalized a political sign during this summer’s primary election was dismissed by a judge, who ruled Oct. 16 that there was insufficient probable cause to pursue the charges, but that the case could be reopened in the future.

    The case stemmed from a July 28 incident when a political sign was “torn down” in downtown Chandler near Hearthstone Way and Chandler Boulevard. He belonged a group called “Vote Out OD Harris” who campaigned against Harris, who is black, with messages that were often racially charged.

    But the signs are still protected political speech under the law, so Chandler police began investigating the incident. In a Sept. 26 report, the department accused Harris’ wife, Elizabeth Ward, of being one of two women who destroyed the sign and claimed that Harris himself was their getaway driver. The department’s findings include:

    • Several resident witnesses, who were not affiliated with the anti-Harris campaign, said the getaway driver looked exactly like Harris when they saw him from about ten feet away.
    • Harris confirmed that he, his wife and another woman were driving that day to “fix” political signs, including at the intersection. He told detectives he didn’t see what his wife was doing because she may have been watching YouTube.
    • Harris confirmed that he was driving the alleged getaway car and that his wife was wearing a green dress that day. Witnesses filmed a woman in a green dress carrying a political sign at that intersection, and the car Harris was driving was caught on security video “speeding” from the scene.

    More on the police report: Police charge Chandler Deputy Mayor OD Harris in political sign vandalism case

    Prosecutors in Scottsdale took over the case earlier this month to avoid a conflict of interest in Chandler. They charged Harris on Oct. 9 with a Class 2 misdemeanor, which carries a penalty of up to four months in jail and $750 in fines.

    But Judge Jennifer Jermaine of San Marcos Justice Court in Chandler declined to arraign Harris, ruling there was no probable cause to charge him. She dismissed the case without prejudice, meaning prosecutors can charge Harris again for the same incident in the future if they come up with more evidence.

    “It is the court’s finding that the State lacks probable cause to assert the enumerated complaint … against the defendant,” the judge wrote in an opinion. The judge did not provide further information about his decision.

    Harris denies any wrongdoing. He has not responded to The Republic’s requests for comment since then published an investigation the summer he found the deputy mayor had not completed his contract in the US Army National Guard. The Republic later found that he exaggerated his military servicealong with other gaps in his life story.

    A cloudy background: Questions arise about the life story of Chandler councilor OD Harris

    Harris told other media outlets that the charges were the result of a conspiracy against him by the Chandler Police Department. Harris referenced a feud between former Chief Sean Duggan’s administration and the police officers’ union, claiming his support of the latter had put Harris in the crosshairs of certain high-ranking police officials.

    Chandler spokesman Matt Burdick told The Republic via email that Harris’ allegations against the police department “will be reviewed by an outside agency to avoid the possibility of any real or perceived conflict influencing the outcome. We respect this process and reserve comment until a conclusion is reached.”

    Similarly, Scottsdale prosecutors handled the criminal case against Harris to prevent any bias from creeping into the legal process. They alone were responsible for deciding whether charges were worth pursuing.

    Prosecutors argued in an Oct. 15 brief that the judge would be violating state law if she refused to issue Harris a subpoena, which is basically a notice that he must appear in court. They cited Arizona statutes that say judges can dismiss arrest warrants based only on probable cause, but must issue a subpoena if it’s signed by a prosecutor.

    The judge did not address that argument in any filings obtained by The Republic. A day later, she dismissed the case.

    Former Maricopa County Deputy District Attorney Tim La Sota said the next step for Scottsdale prosecutors would be to appeal the magistrate court’s decision to Maricopa County Superior Court if they still want to pursue charges against Harris.

    Scottsdale spokeswoman Holly Peralta told The Republic that “The Scottsdale City Attorney’s Office does not agree with this dismissal and is currently weighing what legal remedies or options to pursue.” She did not provide further details.

    Kelly Corsette, another Scottsdale spokeswoman, said in an email that the city is “reviewing a case related to” Harris Wife. He wrote that “the case is still under review” as of October 24.

    Reporter Sam Kmack covers Tempe, Scottsdale and Chandler. Follow X @KmackSam or reach him at [email protected].

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