By Matthew Holloway |
Judicial Watch, a conservative watchdog group, announced this week it has asked the City of Sedona to “review and revise” the Sedona Police Department’s warning shot policy. The group says the policy could have officers committing felonies.
The organization requested the review and revision of the SPD policy, according to a letter released by Judicial Watch Southwest Projects Coordinator Mark Spencer, a 25-year veteran, former Phoenix police officer, and former President of the Phoenix Law Enforcement Association.
In the letter, Spencer cited potential conflicts with A.R.S. §13-3107, known as Shannon’s Law, as well as standards set by the Arizona Peace Officer Standards and Training Board (AZPOST).
Judicial Watch reported in its statement that the organization’s intervention began with a public records request (PRR) to Sedona City Manager Annette Spickard regarding the SPD’s warning shot policy on July 28th. But according to the group, the request for records was not fully complied with:
“Judicial Watch sought various SPD documents, including training records, policy manuals, and communications related to the use of warning shots. However, many of the requested documents were not provided or available.
The responsive documents included 26 emails, which revealed a timeline of events and issues related to the warning shot policy. Notably, on April 18, 2023, an email indicated that a revised policy manual for SPD was under consideration, which included and allowed warning shots. Subsequent emails showed ongoing evaluations and suggestions for policy revisions, with some recommendations to exclude warning shots.”
According to Shannon’s Law, “A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.”
Judicial Watch cautioned that the use of a warning shot under current SPD policy could constitute a criminally negligent discharge under Shannon’s Law, making the officer following the policy guilty of a class 6 felony.
In the text of the letter, Spencer noted that among the 26 responsive emails received by Judicial Watch, “An email indicated that a revised policy manual for SPD was under consideration. “Warning shots” were acknowledged, included, and allowed in the policy. Within this email, it was also stated, “Officers are taught during their academy training about reasonable force, deadly force, warning shots (emphasis added), when and how to use non-deadly weapons, and when and how to use deadly force and firearms.”
Conversely, in a later email from Sedona’s outside legal counsel, Eric Edwards, policy revisions were submitted for the SPD officer’s manual addressing the use of “Warning Shots.” Edwards reiterated in the formal police policy that “Officers are taught during their academy training about… Warning Shots.” He then makes the following change in policy by suggesting, “Officers will not…Generally, fire warning shots.”
Spencer concluded, “Judicial Watch expressed concerns that the current policy may conflict with A.R.S. §13-3107, also known as Shannon’s Law, which could classify the use of warning shots as a class 6 felony. Additionally, they questioned the accuracy and consistency of the policy with AZPOST (State law enforcement certification agency) and other law enforcement standards. Judicial Watch has requested the City Council and City Manager to consider revising the SPD policy to eliminate the use of warning shots. They have indicated their intention to make a formal complaint to the Arizona Peace Officer Standards and Training Board (AZPOST) and the Arizona Attorney General’s office if the policy is not revised.”
As of this report, the City of Sedona has made no official statement regarding the Judicial Watch request.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
