LATEST: Judge Recommends Criminal Prosecution For Sheriff Joe

By Lorin McLain

A federal judge is recommending Sheriff Joe Arpaio and three of his aides to be prosecuted for criminal contempt of court. The decision last week brings Arpaio’s racial profile case going back several years to a new stage. The sheriff and his associates now face steeper penalties if found guilty of criminal contempt.

Maricopa County Chief Deputy Jerry Sheridan, Captain Steve Bailey and Arpaio’s former defense attorney Michele Lafrate are also named in the judge’s recommendation. Arpaio and Sheridan have already been held in civil contempt of court. A guilty verdict for criminal contempt could result in jail time.

Arpaio told reporters last week his lawyers are reviewing the order and “there’ll be aggressive appeals.” Arpaio’s current attorney, Mel McDonald, says there is insufficient evidence in the decision and he’s requesting a personal meeting with federal prosecutors. A representative from the U.S. Attorney’s Office told the “Arizona Republic” the recommendation presents “a very atypical situation” with an uncertain next step. Federal prosecution of the head of a major law enforcement agency for criminal contempt is apparently highly unusual.

The MCSO has already been ordered to make changes to its internal affairs department and compensate victims of illegal detention after Arpaio, Sheridan and two others were found guilty of civil contempt charges last spring. Sheridan’s attorney also says there is plenty of evidence to prove his client didn’t violate any of the court’s orders. There are options the U.S. Attorney’s Office could take in the matter – like handing it off to the Justice Department’s Public Integrity Section in Washington.

The uncertainty continues on what could happen if the case is pursued and Arapaio is found guilty. He could find himself on the wrong side of the fence in tent city, wearing his department’s own pink underwear. It’s also unknown if he’d be legally forced to resign. Arpaio is up for re-election for his seventh term this November.