Phoenix cop accuses Gilbert officer of lying


Feb. 2—A Phoenix cop wants $250,000 from the town, alleging that a former colleague now working for Gilbert Police “intentionally” lied, which led to his false arrest.

Gilbert Police declined to comment, citing “pending litigation.” Under Arizona statute, a claim is deemed denied if the town takes no action 60 days after the Dec. 21 filing.

Attorney Jesse Lorona, who represented Phoenix Officer Jason Klingensmith, would not go into detail on the claim.

“The only comment I am willing to make is that they have not rejected the claim,” Lorona said in an email.

A Gilbert Public News Jan. 4 public records request for the Gilbert Police report of the arrest went unfulfilled as of last week.

The events forming the foundation for the complaint unfolded at 11:36 p.m., Saturday, June 24, 2023.

Gilbert Officer T. Sheppard was parked at Higley and Guadalupe roads conducting traffic patrol when he heard and saw a dark-colored Ford Raptor and a yellow Ford Mustang speeding alongside each other north on Higley, according to the claim.

Gilbert Officer J. Stewart indicated in his report that the vehicles reached speeds of 70-plus mph when they passed him.

Sheppard stopped the driver of the Mustang and informed dispatch that the pickup had an Arizona license plate that read 136IN.

Stewart stopped the suspect pickup truck near Higley and Warner roads, which was driven by Klingensmith. According to Klingensmith’s social media accounts, he lived in Gilbert.

Klingensmith provided his driver’s license, registration and proof of insurance. He also had his Phoenix Police badge in his wallet, which was seen by Stewart.

Stewart cited Klingensmith for “racing/exhibition of speed.” According to the complaint, Klingensmith was to appear in Gilbert Town Court on July 20 but the charge against him was dismissed July 5.

“Jason denied being involved in the incident and he denied he was the driver of the motor vehicle involved in racing on a public highway,” attorney Lorona said in the complaint.

Lorona said that Sheppard did not go to the scene of Klingensmith’s arrest “because he claims” the two had worked together in the past at the Phoenix Police Department.

Sheppard also “did not conduct a one-on-one identification of the vehicle,” or review Stewart’s body-work camera of the arrest.

Further investigation into the matter, which included video footage from an Ace Hardware on Guadalupe Road, “it was ‘unequivocally clear that Mr. Klingensmith’s Ford F-150 was in no way involved in the racing that took place between the suspect vehicles,” Lorona said.

On or about June 24, someone from Gilbert Police contacted the Phoenix Police Department with information that Klingensmith was arrested, the claim stated.

A Phoenix Police lieutenant then notified the department’s Professional Standards Bureau, which initiated an investigation against Klingensmith.

The bureau obtained the same Ace Hardware video footage, which showed that his client was not involved in the alleged speeding, Lorona said.

The bureau closed its investigation in October, concluding that “Jason was the victim of a false arrest,” Lorona said, adding that the false arrest was a “result of police misconduct in violation of (Klingensmith’s) civil rights pursuant to the Arizona Civic Rights Act.”

The claim alleged that Sheppard “was very familiar” with Klingensmith and with his vehicle as the two parked in the same parking lot while working assignment shifts for Phoenix Police.

Sheppard also was familiar with the license plate to Klingensmith’s vehicle, Lorona claimed.

“It is alleged that this is why Officer Sheppard was able to give a part of Jason’s license plate to Officer Stewart,” he said. “Officer Sheppard intentionally and falsely identified the suspect vehicle as Jason’s.”

Lorona also alleged that Sheppard was the one who notified Phoenix Police about Klingensmith’s arrest.

“Jason was the subject of a false arrest, which ultimately resulted in Jason undergoing a several-months investigation by the Phoenix PD and PSB,” Lorona said.

“Although Jason was ultimately cleared, he needlessly had to undergo an investigation, which had damaged his reputation and character with the Phoenix PD and has caused him to suffer unwarranted emotional distress and anxiety.”

Lorona said that Gilbert Police’s actions “have damaged” his client, who prefers to avoid litigation or a protracted legal dispute.

The claim asked for $25,000 for false imprisonment; $50,000 for false arrest; $125,000 for pain and suffering and $50,000 for punitive damages in a certified or cashier’s check to be delivered within the state’s timeframe for a notice of claim.

“If we do not receive the check by that time or if other arrangements have not been made that are satisfactory to our client, he will likely take the steps necessary to enforce his rights through the U.S. District Court, where he will seek a much larger recovery,” Lorona warned. “He will be entitled to compensatory damages, punitive damages, and attorney fees.”

Lorona also requested that Gilbert Police preserve all electronic and physical evidence.

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