Naydene Miller And Her Son David Allege Tucson Police Lied And Covered Up For Tucson's City Manager.
By Vicki Hart
"This is no secret. The Arizona Daily Star, Tucson
Citizen and channels Four, Nine and 13 all have the information,
and they've all found there's really nothing here and you'll probably
find the same thing and won't write about it. The only purpose
in publicizing it would be to embarrass the City Manager."
--Lt. Bill Richards, Tucson Police Department
IT WOULDN'T BE us embarrassing City Manager Luis Gutierrez--he
managed to do that all by himself, apparently with a little help
from his family and friends. And since, as Richards says, it's
no secret, we're happy to share what we know.
Gutierrez and his family have lived across the street from Naydene
Miller and her family since the 1960s. There's never been any
love lost between the families; for the most part, it appears
they ignore each other.
But a few years back, Miller's son Damon found his cat had been
shot and killed with a pellet gun. Other animals and pigeons in
the neighborhood were also injured or killed, says Damon, who
believes the Gutierrez family was responsible. In particular,
he singles out Luis' daughter Annette, claiming she'd been complaining
about his cat leaving footprints on her car shortly before its
untimely demise.
Damon Miller says he wrote letters complaining about the situation
to the City Council, and even called City Councilman Steve Leal,
who's Gutierrez's next-door neighbor. He says he was put off by
the bigwigs.
Damon, now 41, admits that since the incident, he makes a point
of harrassing Annette whenever he's visiting his mom. Among other
rude remarks, he often asks if she's killed any cats lately.
On Mother's Day, May 11, 1997, Damon was dining at his mother's
house. He recalls that he was outside and saw Annette and her
husband getting into a car. Damon asked if Annette had killed
any cats lately and called her "a fucking cunt."
Annette's husband, Rodney, yelled back, "I'll be back to
kick your ass," as they left, Damon recalls.
[Annette and Rodney's last name is also Miller, but they are
not related to Damon and Naydene. We will only refer to Damon
and Naydene as "the Millers" throughout this tacky tale.]
When Naydene Miller heard her son's altercation with Annette
and Rodney, she asked him what had happened. When he explained
the situation, she admonished him, reminding him she had to live
near the Gutierrezes. According to both Naydene and Damon Miller,
about 10 minutes later they heard someone banging on the front
door. There, according to Damon, was City Manager Luis Gutierrez
Sr.
"Step out here," Damon recalls Gutierrez saying. By
now Naydene says she was near the front door, too, and saw Damon
step out onto the porch. Naydene says she also saw eight other
people from the Gutierrez clan--including Gutierrez's wife Maria,
his brother Richard, and his son Gabe--standing in her yard.
According to Damon and Naydene, as Damon stepped out, Luis Sr.
said, "You called my sister"--rather than "daughter"--"a
fucking cunt. I'm going to kill you." They claim the City
Manager began slapping Damon with both hands in the face.
Damon says he was hit at least five times, and that Gutierrez
grabbed and twisted his finger. Damon claims he didn't fight back
and Gutierrez finally ceased. But both Millers claim Gutierrez
continued to say, "I'm going to kill you."
Naydene says she ordered everyone to leave her property and told
them she was calling the police. She says she called the Tucson
Police Department and told them, "Your city manager is beating
up my son and threatening to kill him." She says she gave
the police Gutierrez's name.
Naydene says the Gutierrezes retreated to the edge of her property.
She claims Guiterrez told her, "If your son ever calls her
a name again, I'll kill him." She says Luis' brother Richard
was also threatening and insulting Damon. Naydene says the Gutierrezes
then left her property and turned out the lights at their home.
Most of them left in cars.
Naydene says she and Damon waited for the police for a long time,
during which they observed that a police car was parked across
the street and that officers were taking to members of the Gutierrez
family. Naydene found this odd, since she had called 911. She
says when officers Bill Penta and Steve Norris finally came over,
they acted as if the incident was Damon's fault. She also recalls
they kept referring to Luis Jr., Gutierrez's son, as if he were
the one who'd hit Damon. She says she and Damon told them Luis
Sr., not his son, had assaulted Damon. Naydene says they hadn't
even seen Luis Jr. that night.
Then Naydene realized that at her front door, Luis Sr. had been
saying, "You called my sister a fucking cunt."
Perhaps, she reasons, Luis Sr. was trying to pretend that it was
his son that had come to the Miller's door.
The police questioned Damon about the incident and he admitted
to calling Annette a name; he described what happened and said
he wanted to prosecute. Police noted a scratch on Damon's nose,
which he attributed to the blows from Luis Sr.
The next day, TPD Det. Tom Ralston contacted the Millers. His
taped conversations with Damon Miller reveal a contrite man who
says he "regrets the whole ugly incident." He asks the
detective to convey his apologies to Annette. Ralston tells him,
"Generally if people feel like it's over with and resolved,
there are no charges," adding that the Gutierrezes won't
press charges over the incident with Annette. Today, Damon says
he knew his mom had to live there, so he agreed to make peace
and not prosecute for assault.
Naydene Miller begins her taped statement by saying she's still
upset over the events of the previous night, which she recounts.
She tells Ralston she's "seriously thinking about getting
a restraining order against Luis Sr., because I'm very upset."
In a second call to Naydene, Ralston asks if her son let her
know he didn't want to pursue the matter; he also tells her the
Gutierrezes don't want to prosecute. Naydene says she's also decided
to let the matter go.
Neither of the Millers ever requested, or received, a police
report.
Case closed, right?
WRONG. MORE than a year later, the police reports of the
incident have surfaced.
And the Millers are incensed.
They insist the reports are not a true account of what happened.
They want the record set straight.
According to the report, Naydene called the Tucson Police Department
to report that "their kids are threatening to kill her son."
And, the report adds, she "doesn't know who said it."
Naydene says she told the 911 operator it was City Manager Luis
Guiterrez, and that she knew it was him.
The Millers scoff at the police report, which reads: "As
Luis knocked on Damon's door, Damon lunged at Luis, assaulting
him, so Luis defended himself."
And they note that in the report, Officer Penta says, "I
spoke to Richard, Marcella, Luis Jr. and Maria, who all indicated
that they didn't see who was assaulted first." The Millers
claim all of those people, with the exception of Luis Jr., were
standing right there in the yard.
The police report reads that "Neither Annette or Rodney
want to prosecute for the disorderly conduct," and that "Luis
Sr. also does not want to prosecute for the assault." Naydene
wonders how the Gutierrezes became the victims, when she's the
one who called 911.
Ralston's supplemental report, filed May 13, 1997, and closed
that day, lists the victims as Annette, Rodney and Luis Gutierrez.
"There is clearly probable cause for an arrest of Damon
Miller for disorderly conduct, based on his admission of calling
Annette the name he did," Ralston concludes. "There
are no unbiased accounts or clear accounts of what occurred at
the front door of the Miller home."
Arizona Revised Statute 13-2904 says a disorderly conduct arrest
is possible "if a person, with the intent to disturb the
peace or quiet, uses offensive language or gestures to any person
in a manner likely to provoke immediate retaliation."
The Millers say they don't believe that applies to the situation.
Damon insulted Annette, not Luis Sr. Then, a full 10 to 15 minutes
later, Luis Sr., not Annette, pounded on Naydene Miller's door--certainly
not the "immediate retaliation" required by the statute.
Damon says he tried to complain to TPD Internal Affairs and Liana
Perez, Tucson's independent police auditor. He also called the
Mayor and Council's Hotline, but he only heard back from Councilman
Jerry Anderson.
The Millers also received copies of their taped statements, but
were surprised to find the Gutierrezes' statements had apparently
never been taped.
When The Weekly contacted City Manager Luis Gutierrez
Sr., he declined to comment. He referred a reporter to the police
reports and asked if she had spoken with Lt. Richards.
Attempts to contact the officers who answered the 911 call that
night met with no success. Sources say Officer Norris had wanted
to arrest Luis Gutierrez Sr. that night, but was told he couldn't
arrest the City Manager. The sources add that Norris also wanted
to write a supplemental report, but his TPD superiors allegedly
ordered him not to. Sources assured us that whenever a public
figure is involved in an incident, command officers, right to
the top, are notified. In this case, they say, Sgt. Mark Timpfs
was notified immediately. The rest of the chain of command that
evening was Captain Kevin Danaher and Assistant Chief Richard
Miranda.
Many sources within the City of Tucson say Miranda is the City
Manager's choice to replace retiring Police Chief Doug Smith.
The Tucson Weekly received a call asking us to stop trying
to contact Penta and Norris. The caller said the officers would
lose their jobs if they spoke to us. Callers also said Norris'
fellow officers were being questioned about his behavior, and
that officers on the case were in a bind, allegedly because they
had changed the police report at the direction of superiors.
Asked to comment on these allegations, police public affairs
officer Lt. Bill Richards noted that Penta is in no trouble. Richards
said there had been a question about whether Penta had actually
authored his own police report, since Penta normally wrote in
longhand, but the Gutierrez report was typed.
Richards said Penta assured his TPD interrogators the report
was his; he typed it because he thought it might be distributed
to the public some day.
Richards was more vague about Norris. He said that although Norris
has not been punished, he's being investigated for "whatever
he did."
Richards confirmed what sources had already told The Weekly--namely,
that an Internal Affairs investigation is in progress. When asked
about an alleged "Memo of Understanding" that police-union
activist Rich Anemone, head of TPOA (Tucson Police Officers Association),
received regarding this case, Richards said he believes Anemone
tried to set up an "inappropriate" interview with KOLD-TV,
Channel 13.
Sources also tell us Channel 13 News has done extensive interviews
on this story, but that station management refuses to allow reporter
Bud Foster to air his findings.
"If the Tucson Police Department management is stupid enough
to discipline officers for simply discussing a matter of possible
public concern, then they richly deserve all the legal problems
they create," says Michael Piccarreta, attorney for the Tucson
Police Officers Association.
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