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| Charges Against Two Arizona Officers Dropped |
| By Arizona Daily Star |
| Published: 10/23/2002 |
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Prosecutors have decided to drop charges against two former Pima County Jail corrections officers charged with negligent homicide for the death of an inmate. Douglas J. Carter, 40, died about two days after a Jan. 15 confrontation with corrections officers John Tollett and Don Guarriello. The Maricopa County Attorney's Office said Tuesday that it had filed a motion in Pima County Superior Court seeking to dismiss charges without prejudice against Guarriello and Tollett. Maricopa County prosecutors are handling the case at the request of the Pima County Attorney's Office to avoid a conflict of interest. Prosecutors can seek charges again in the future. They made the decision to drop the case after determining there was 'no reasonable likelihood of conviction,' said Barnett Lotstein, a special assistant Maricopa County Attorney. Although Judge Lina Rodriguez would still have to accept the motion, 'As far as we're concerned, it's dismissed,' Lotstein said. A court hearing is scheduled for today. Guarriello and Tollett were indicted on a charge of negligent homicide in May and fired in June by the Sheriff's Department, which oversees the jail. Defense attorneys say Carter was 'balling his fists,' refused to cooperate and later tried to kick and punch the officers. During a struggle with the two officers, Carter fell and hurt himself on a bunk, according to the officers. As partial explanation for why the charges should be dropped, Lotstein cited state law that allows corrections officers to use force 'for the preservation of peace, to maintain order or discipline or to prevent the commission of any felony or misdemeanor,' not necessarily for self-defense. Last month, the county settled a lawsuit filed by Carter's family for $350,000 and an apology. |
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