Joe Arpaio's U.S. Veteran Victim Marty Atencio: Family Files Suit in Superior Court

goonslaugh.jpg
MCSO and PPD officers laugh and joke as U.S. Army vet Marty Atencio dies in an MCSO "safe cell"

The family of U.S. Army veteran Marty Atencio is filing suit today in Maricopa County Superior Court over his brutal death late last year in Sheriff Joe Arpaio's Fourth Avenue Jail.

Atencio, who suffered from mental illness, was off his meds and wandering the streets in a daze on December 15, when he was picked up by Phoenix cops, allegedly because he had frightened a woman with his bizarre behavior.

Read the Atencio family's lawsuit.

That woman later stated that she'd hoped Atencio, 44, would receive the help he needed if he was in custody.

Instead, he received a one-way ticket to a military funeral.

See also:
-Joe Arpaio's Victim Marty Atencio: Family Files Notices of Claim Totaling $20 Million in Wrongful Death Case
-Jailhouse Goons Make Fun Of and Kill a Mentally Ill Inmate
-Joe Arpaio's Victim Marty Atencio Killed by "Law Enforcement Subdual," Among Other Factors, Says Medical Examiner (w/Update)
-
Joe Arpaio's Victim Ernest "Marty" Atencio Laid To Rest
-Joe Arpaio's Latest Victim Marty Atencio: MCSO Video of His Detention

Though Atencio was processed first without incident at the Phoenix Police Department's southern command station, his experience later in Fourth Avenue would be brief, humiliating and fatal.

There, Atencio was taunted and made fun of by MCSO detention officers, as is recounted in the suit:

After going through the medical screening, Marty was taken to have his mug shot
taken. While Marty was having his mug shot taken, the D.O.s were taunting him, asking him to "clown" for them, telling him to "turn left," "turn right," and making fun of Marty's
inability to follow instructions.

As the guards made fun of Marty, they told him to make funny faces and the photographer, and a female Detention Officer, kept saying "let's make this one the Mug Shot of the week." After they took a particularly humiliating mug shot, the D.O.s had finished their fun with Marty and took him back to the holding tank.


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172 comments
NoMoreArpaio
NoMoreArpaio

Can't wait until this goes to a jury and they watch the tapes of the Goons beating Antenio to death.

That should cost the tax payers 20 million for sure.

mrh0202201091
mrh0202201091

THESE PEOPLE ONLY WANT TO SEE THINGS THEIRE OWN WAY...AND FORGET THAT THERE ARE OTHER VIEWS BESIDES THEIR OWN THE VIDEO PLAINLY SHOWS EXESSIVE FORCE ...THEIRES ALOT WE HAV ENT SEEN BECAUSE THE CAMERA WAS HIDDEN BY ONE OF THE OFFICERS NOW IF THERE NOT DOING ANYTHING WRONG WHAT DO THEY HAVE TO HIDE..

danzigsdaddy
danzigsdaddy topcommenter

this post is for YPS (i know he will find something to correct me on though, no offense YPS)  if the family wants to hit Arpaio on this case and hit him hard, they need to seriously evaluate how they approach it. they can not say MCSO killed Marty, because the ME report only listed MCSO involvement as one of a few factors. they could say definitivly that MCSO contributed signifcantly in his death, and possibly were a major factor in the cause of his death, but they can not say that MCSO was THE cause of Marty's death. Joe has gotten away with too much for too long because nobody calmed down enough to just hit Joe with only the facts they did have. we all get in so much of a rush to get rid of joe, that we start to lump things up and we get ahead of ourselves. nobody has to have 20 charges or complaints against him, 2 or 3 would be enough to focus your energies on to get that win. if you just stuck to your facts and got your win, the next guy can come in with his 1 or 2 and get a win also. enough people start getting their wins and it will all pile up on him. it would be easier to take him down one or two steps at a time instead of trying to take him all the way in one shot

NoMoreArpaio
NoMoreArpaio

The MCSO Goons need to be locked inside a cell with the inmates so the inmates can have a party.

robert_graham
robert_graham

I support Sheriff Paul Babeau too and I know he'll be re-elected too.

robert_graham
robert_graham

Marty Atencio caused his own death because he was combative towards officers.  Had he not been combative towards officers he would not have been tased.  Obviously he was high on drugs, possibly PCP when he was arrested.

wherewasi
wherewasi topcommenter

 @NoMoreArpaio

 While I hate to be a taxpayer footing that bill, I agree that Marty's family is entitled to every penny.  I just hope that a big chunk of that comes out of Arpaio's hide.

robert_graham
robert_graham

 @danzigsdaddy Actually there is no case for the family. They will likely be counter-sued.  Fact is that whether or not Marty was on drugs is besides the point.  Facts show that he was combative and confronted deputies in a threatening manner so deputies did what they would do in that case and that was to tase Marty. Cops do it all the time, and then they placed him in that safe cell for his own safety. It is not deputies fault that Marty Atencio died from being tased.

danzigsdaddy
danzigsdaddy topcommenter

 @JoeArpaioFan so thats 2 people who look the other way about child molestation that you are supporting.......I am starting to see a pattern with you. you arent allowed within 500 yards of schools or playgrounds are you?

MaskedMagician1967
MaskedMagician1967

 @JoeArpaioFan Good luck with that one JAF.

 

Babeu is on his way out the door along with your hero, mentor and savior the MCSO shurf.

wherewasi
wherewasi topcommenter

 @JoeArpaioFan

 Very interesting, JAF.  I knew that no one could truly be as much of a stupid imbecile as you try to make us think you are by your outrageous posts. 

 

You've just demonstrated that you really ARE smart enough to know better than to post this defamation on your silly little webiste, and instead posted this to your website's backup and just linked it here.

 

I DARE you to post it on your actual website.  Michael Manning would love to file a defamation suit against you, and believe me, you little c*nt, he has the tools to find out who you are in about 10 seconds flat.

 

I'm also having him take a look at your posts about one of his other clients who recently won a $3.25 million suit against the Most Sued Shurf in the Country.

 

You may think you're really funny.  We don't.  And you are playing with fire when you post incredibly filthy lies about people who have already stood up to - and won against - people MUCH more powerful than you. 

ConcernedCitizen
ConcernedCitizen

 @JoeArpaioFan  Obviously, most likely, possibly...whoever you are, you are most obvioiusly, most likely, possibly a poor excuse for a human being and you will be the recipient of your own karma...just wait...it will come. May you lie on the cement floor, naked, abandoned, tortured and demeaned. It will be justice served.

MaskedMagician1967
MaskedMagician1967

 @JoeArpaioFan Interesting because the Medical Examiner has already said there were no illegal drugs in his system.

 

Go back to the mental institution from which you escaped and make sure the nurses put you back into your straitjacket and force feed you those anti-psychotic drugs for the voices in your head. 

DNichols
DNichols

JoeArpaio Fan you are a Anti American Weasel.

 

Marty was a U.S. Army Veteran who like thousands of other Veterans needed Mental help, he did nothing wrong, and was Murdered by Arpaio's "Goon Squad", who's favorite tool of Death is the "Taser", like Scott Norberg, who in 1996 was Totally Restrained, a wet towell shoved down his throat to keep him from begging for his life, and then Tased over Twenty Times by six of Arpaio's Brave Goons!

 

Arpaio, and his specially trained "Goon's" are "Monsters", who beleive they are Judge, Jury, and Executioners when ever they choose.

 

To: Justice.

wherewasi
wherewasi topcommenter

 @JoeArpaioFan  You are an idiot.  Did you watch the video?  Your total lack of comprehension is mind-boggling.  It's as if you watch a video of 8 people pouring gasoline through a huge house and lighting fires in 8 different areas, and then you watch the video and say "I have decided that the cause of this fire is that the home owner fell asleep smoking on the couch."

 

I've watched the tape - many times, Moron.  Where - I repeat WHERE do you see Marty being "combative"?

 

Do you know how easy it was for me to find Michael Manning's email address and report you to him as a possible contributor to the lawsuit against your hero, Joe Arpaio?  Do you recognize that you sound like you have a vested interest in this situation?  Do you know that your IP address is being examined as we speak (post).   Do you know that you have CROSSED THE LINE?

 

Do you have the common sense to understand that when you play with fire you will get burned?

 

You are a stupid c*nt and I don't use the "c" word loosely.

 

danzigsdaddy
danzigsdaddy topcommenter

 @JoeArpaioFan your posts are combative and threatening to many people, and there are LEO's on this site, so does that mean you should be piled upon and tased into brain death? (although the general concensus is that you already are brain dead)

MaskedMagician1967
MaskedMagician1967

 @JoeArpaioFan If there was no case for the family, Mike Manning, one of the best lawyers in the entire Valley wouldn't waste his time, the Court's time and his client's money.

 

Obviously Manning believes he's met the burden of proof to move the case forward to lawsuit stages.

 

The County and MCSO will settle this one. Quickly.

mikefrombisbee
mikefrombisbee

 @JoeArpaioFan  @danzigsdaddy Right - and that's what happened in all of the other civil cases against Arpaio and the county. Right. I don't know what you're on, but you oughta sell it on the street.

mrh0202201091
mrh0202201091

that s a lie marty was on prescribed medication from a doctor..and as such needed to be treated with care not injustice they can try to spin it anywaY THEY WANT BUT THE FACTS WILL PREVAIL..VIDEO DOES NOT LIE..

MaskedMagician1967
MaskedMagician1967

 @danzigsdaddy  Probably not.

 

Maybe you can find him on the sex offender registry and post a link to it here.

 

Or maybe you can find him in the mental institution from which he escaped from....

pearlsvaluables
pearlsvaluables

I agree NMA. JAF is a worthless piece of malarky. i don't even waste time with the prick anymore. he has too much time to waste here when not sucking Joes or his daddies cock

yourproductsucks
yourproductsucks

 @MaskedMagician1967  Did the ME rule Atencio's death a homicide?  I don't think so.  You can't cherry pick information from the ME report to bolster your position and ignore the parts that don't.

 

yourproductsucks
yourproductsucks

 @DNichols"...and was Murdered by Arpaio's "Goon Squad", who's favorite tool of Death is the "Taser", like Scott Norberg, who in 1996 was Totally Restrained, a wet towell shoved down his throat to keep him from begging for his life, and then Tased over Twenty Times by six of Arpaio's Brave Goons!"

 

Scott Norberg died on June 1st, 1996.

 

Taser International, released their first "Taser" in 1999.

 

I know, you don't let facts get in the way of your rants.

 

robert_graham
robert_graham

 @DNichols You are so wrong. Atencio was high on drugs when he was arrested and was combative towards officers who had no choice other than to tase him. It's not the fault of the police if that tase killed him.

MaskedMagician1967
MaskedMagician1967

 @wherewasi This can't be good...for JAF that is...I hope JAF posts Mr. Manning's response on his pathetic little "website."

 

JAF: You are on notice. Mr. Manning knows who you are. Keep up the bullshit and expect a civil lawsuit from him.

wherewasi
wherewasi topcommenter

 @MaskedMagician1967

 I doubt it would come to that, unless JAF persists.  Mr. Manning replied to my email that he would be in contact with JAF.  He also had some commentary about the mental health of an individual who would be so f'd up in the head to post such vile garbage.   Clearly, Mr. Manning finds JAF as disgusting as we do.  I also pointed out to Mr. Manning some of the JAF made about Deborah Ballaird that were just as outrageously reprehensible.

 

Bottom line is that I doubt Mr. Manning will cause JAF to stop being an idiotic asshole, but he hopefully can keep him from being vile and inflamatory toward Arpaio's victims and the families that Manning represents in legal proceedings.

MaskedMagician1967
MaskedMagician1967

 @wherewasi I can't wait to see what Mr. Manning does with the info you sent.

 

Hopefully it results in JAF having to pay a massive judgment out of his own pocket!!

MaskedMagician1967
MaskedMagician1967

 @wherewasi  wherewasi,

 

Did you really email Mr. Manning with about JAF and his bullshit?

 

If so, thanks for doing it.

danzigsdaddy
danzigsdaddy topcommenter

 @Flyer9753 the only selling JAF does is some lip service under the flaccid failures desk top 

MaskedMagician1967
MaskedMagician1967

I was responding to JAF and his bullshit claim that Atencio had drugs in his system at the time he was arrested.

 

Here is the text of the comment: 

 

"Marty Atencio caused his own death by being combative with officers.

Had he not been combative with officers he would not have been tased.

Obviously he was high on drugs, possibly PCP when he was arrested."

 

I didn't cherry pick information from the ME report. I merely called bullshit when I saw it.

yourproductsucks
yourproductsucks

 @Flyer9753  In the incident you ae referring to, the same one that became a youtube sensation, the idiot was struck with a TASER from TASER International.

 

Flyer9753
Flyer9753 topcommenter

 @MaskedMagician1967 

 

Lol - would not surprise me.

 

I remember hearing about it but not really caring about the details of the incident and all - I had known about tasers since 1982 when my dad had an office in Scottsdale Air Park and the guy next door was working with tasers.

 

I was just using the phrase to point out to YPS that the term taser and variations of it (tase for instance) has become and is recognized as a term to describe any electrical stun type weapon and is actually defined that way in the current websters and other dictionaries.

 

Therefore the entire discussion point YPS is trying to make above, regarding Taser and copyrights/patents and the millennium and was it an actual Taser (TM) made by Taser International who currently holds that copyright is meaningless BS

MaskedMagician1967
MaskedMagician1967

 @Flyer9753  "Don't Tase me bro."

 

I remember that happening. If memory serves, it happened in a Boston courtroom.

 

I think the guy who got tased sued and won a substantial judgment.

Flyer9753
Flyer9753 topcommenter

 @danzigsdaddy  @MaskedMagician1967

 

There is actually a better question to all of this in regards to the ME's report.

 

Would the ME have still written in his report what he wrote, if he HAD seen the video evidence released to date?

 

It's valid evidence and the ME is an expert that would be able to properly interpret what he/she saw on the video with respect to human injuries and contributing factors to the cause of death.

Flyer9753
Flyer9753 topcommenter

 @yourproductsucks 

 

Don't Tase me bro

 

but go ahead and use any of the other taser like devices, that's ok, including the original taser developed by the original designer that was called a Taser long before Taser International ever came on the scene.

 

Did you do the searches for a definition of taser? Figured you didn't.

 

You attempt to use patent law to justify your erroneous statement above - you are truly pathetic

 

They wouldn't even let you get away with that in court and you are trying to use it on a blog - ROFLMFAO!!!!!!!

yourproductsucks
yourproductsucks

 @Flyer9753

 So you can't produce evidence to support your claim?  Taser is patented and can't be used by any other company except Taser International.  Your ignorance is on par.

Flyer9753
Flyer9753 topcommenter

 @yourproductsucks 

 

It does not matter how other companies describe their product. It's an accepted definition that a taser is a shock device, of which there are many types.

 

Go type in 'definition taser' on google. Look up taser in the World English Library.

 

Do your own damn research for once and stop trying to split hairs to make your argument valid.

 

You lost, end of story and end of discussion.

yourproductsucks
yourproductsucks

 @Flyer9753  Please provide a link to the other companies who use the word "taser" to describe their product.

Flyer9753
Flyer9753 topcommenter

 @danzigsdaddy  @MaskedMagician1967 

 

YPS's post to me above regarding tasers is another good example of this.

 

Is Taser a name of a product? Yes

 

However Taser is also the name of a device made by several companies to stun and incapacitate people

 

YPS argues above that since the actual product by the company name of taser was not used by MCSO until the millennium, that means no tasers at all were used by MCSO prior to the millennium

 

This is BS hair splitting in an attempt to call themselves 'right' since taser devices have been in use since the mid 80's

 

A stun gun that you press against someone is a taser device, that was actually the first design model of the actual product named Taser.

 

A distinction that is accepted in court as well, but YPS attempts to use it here to make their incorrect argument seem correct - disgusting

yourproductsucks
yourproductsucks

 @Flyer9753  I did see the video.  I saw nothing in the video that supports the claim Atencio was murdered.  I've seen more violent footage on bumfights.com.  I saw the Medical Examiner's press release.  Nowhere did it state Atencio's death was a homicide.  I'm certain you are unaware exactly what that means. 

The reasons for his death were plural.  The County will surely pay a settlement to the Atencio family, as will the City of Phoenix, simpy because you can't bleed money from personal responsibility and poor health.

 

Flyer9753
Flyer9753 topcommenter

 @danzigsdaddy  @MaskedMagician1967 

 

While I agree with everything you say, this is not a court of law.

 

I have to assume that YPS saw the video that has been released as well as the other evidence that has been released in addition to the ME's report.

 

That being said, once again this is not a court of law and YPS trying to use court arguments for this discussion against the preponderance of evidence that is available - most notably the video - is disgusting.

 

This is supposed to be a discussion based on the facts, not a legal game played on a blog which is just what YPS is doing wih their comments.

 

Did the ME rule it a homicide? No, which in the context of this discussion with the un-disputable evidence we have available means absolutely nothing in a real or legal sense.

danzigsdaddy
danzigsdaddy topcommenter

 @MaskedMagician1967 a lot of people have good points, but i have to give this one to YPS. he is thinking it out like a lawyer would, and pointing us in the right direction. we need to hit the flaccid failure with cold hard facts and keep to the letter of the law. thats why elizabeth johnson isnt spending most of her life in prison, the didnt base their case on facts and her atty. did. the jury was there to decide if she had kidnapped baby gabriel and her atty took it to the definition of the law and got her off of charges

danzigsdaddy
danzigsdaddy topcommenter

 @MaskedMagician1967  whether you agree with YPS or not, you have to give him one good point, we have to stick to exact facts. if we base a case against Arpaio on half truths or unfactual claims, thats his way off the hook. its been how he's beaten everything else. we have always based cases on emotional instead of just cold facts, and thats how he always wins 

MaskedMagician1967
MaskedMagician1967

 @danzigsdaddy Agreed.

 

JAF claimed that Marty was high on PCP and I merely called bullshit. That's all.

 

Mike Manning has already obtained the ME report and he is the one who said there were no illicit drugs in Marty's system.

 

NT did post a story on this. I'll have to dig through the archives.

danzigsdaddy
danzigsdaddy topcommenter

 @MaskedMagician1967  he's saying cherry picked because the ME didnt  contribute Marty's death entirely on the abuse heaped on him. it was listed as multiple factors combined. we may not agree with it, but its the finding that was released. i find it to be a mitigating factor, but i didnt get to write the report 

MaskedMagician1967
MaskedMagician1967

 @yourproductsucks  And Mr. Manning, the Atencio family lawyer, obtained the ME report and he is the one who said that the ME stated that no illicit drugs in Marty's system.

 

NT posted a story on this very fact.

 

So no, I didn't cherry pick info. JAF posted something, and I called bullshit.

danzigsdaddy
danzigsdaddy topcommenter

 @yourproductsucks  the ME did not find drugs, true. the ME also contributed a few factors including "police subdual" into the cause of death, so NO it was not ruled a "MURDER".  you are correct, the video however paints a different picture, but it paints a picture that is up to a jury to decide upon. we can only hope that the jury will be fair in its interpertation of what they see. i may be overly optimistic, but i think it is going to be viewed in favor of marty atencio and his family (if it makes it to the jury) 

Flyer9753
Flyer9753 topcommenter

 @wherewasi  @yourproductsucks 

 

Did not know that, cool (in an odd way, you know what I mean)

 

I was not meaning to sound like I was correcting you, I was agreeing with you :)

wherewasi
wherewasi topcommenter

 @Flyer9753  @yourproductsucks

 Actually, according to Wikipedia - the first electronic defensive device was created in the late 1800's.  There were obvious flaws, which included an almost 100% death rate of those who were "tased".

 

Yes, Flyer - my ex husband, who was a detention officer in a state prison and then later a county deputy ... (we divorced in the early 1990s...) used to talk about a tool that he referred to as a "bolt".  It was a device that was designed to deliver an electronic shock to the recipient.  It was NOT from Taser International.

Flyer9753
Flyer9753 topcommenter

 @wherewasi  @yourproductsucks 

 

http://www.ehow.com/facts_7482273_invented-taser-gun.html

 

I was playing with them in 1982. The guy next to my fathers shop at scottsdale airpark was working on them

 

These were the original tasers, when Jack was the company owner prior to running out of money, selling the company and getting hired by them to continue working on future development.

 

They were being sold commonly to LEO's and in some specific cases/locales to 'civilians' - these were when tasers were extremely dangerous as to risk of death since they did not have all the safety systems current tasers have in them, but they were still used and still sold a lot.

 

Then that company became Taser International

yourproductsucks
yourproductsucks

 @MaskedMagician1967Yup, and do you know where it was determined Norberg died of "positional asphyxia?"

 

The Medical Examiner.

 

Do you know how Norberg's positional asphyzia was caused?  I'll bet you don't.

 

MaskedMagician1967
MaskedMagician1967

 @yourproductsucks  I read that Norberg suffered from "positional asphyxia." Would you care to explain how the Norberg family came to receive a substantial settlement (I have heard $9M) from the county?

 

Keep in mind the same lawyer who represented the Norbergs are also representing the Atencios.

Flyer9753
Flyer9753 topcommenter

 @yourproductsucks 

 

??? never said I did not use wikipedia, I said it was not my sole resource.

 

Either you really need some reading comprehension courses or you are trying to once again put words in someone elses mouth to make your point.

Flyer9753
Flyer9753 topcommenter

 @yourproductsucks 

 

Ok - so you did just what I thought

 

It wasn't 'taser international' so that fact that stun guns, stun batons and tasers from the company pre-dating teaser international doesn't matter.

 

What bullshit.

 

btw - my sole source was not wikipedia, it's also knowing the original taser developer since my father had an office next to him at scottsdale air park.

 

Thank you for proving my statement correct and yourself wrong once again.

yourproductsucks
yourproductsucks

 @Flyer9753  MCSO didn't have a contract with Taser International until after the millinium.  No Tasers were used on Norberg.  Taser is a product name, like Chevron or Texaco or Apple or Intel.

 

Stun devices were used by Detention Staff during the time Norberg met his untimely end.  It was NOT a Taser product that was used.  MCSO's first purchase of a Taser product occurred when the M26 (created in 1999, the one with the NMI technology in your above wikipedia paste) was vetted as a viable tool, several years AFTER it was first manufactured.  It wasn't until Taser International patented this new NMI technology that they became the juggernaut, or the namesake they are now.

 

When you "research" and your sole source is Wikipedia, you really should make it a practice to cite such source, especially when cutting and pasting the entire Wiki entry. Giving a history of the birth of Taser International as a company does not debunk my statement. 

 

 

 

Flyer9753
Flyer9753 topcommenter

 @yourproductsucks  @DNichols 

 

WRONG! Once again - gee, go figure

 

"The 1994 AIR TASER Model 34000 had an "anti-felon identification (AFID) system" to prevent the likelihood that the device would be used by criminals; upon use, it released many small pieces of paper containing the serial number of the Taser device. The U.S. firearms regulator, the ATF, stated that the AIR TASER was not a firearm. In 1999, Taser International developed an "ergonomically handgun-shaped device called the ADVANCED TASER M-series systems" which used a "patented neuromuscular incapacitation (NMI) technology". In May 2003, Taser International released a new weapon called the TASER X26, which used "Shaped Pulse Technology". On July 27, 2009 Taser International released a new type of taser called the X3 which can fire three shots before it must be reloaded. It holds three new type cartridges, which are much thinner than the previous model."

 

And there was actually a taser before 1994 that used a small explosive charge, similar to what you have in a bullet casing, but lower power - to provide the force to 'shoot' the barbs out.

 

Prior to that model even there were the stun baton style of contact tasers.

 

The Air Taser in 1994 was very popular amongst LEO's at the time since it didn't require getting in close proximity to the target.

 

Taser's in both private and LEO use has been around prior to 1996 as you state. Both the contact and projectile type. The original Taser researcher, who did call it a Taser, his name is Jack Cover and he started development on it in 1969

 

Don't let a little research get in the way of your being WRONG once again.

 

Or are you now going to claim, "well it wasn't called a 'taser' so I am still correct" - which would be your typical lameness

wherewasi
wherewasi topcommenter

 @JoeArpaioFan  Mr. Manning - In case the defaming web page that I sent you has been stricken either by PNT or by the culpret, JoeArpaioFan, here is the person you need to be looking at.  His website is "therealpenzone.com" and he is a true loose cannon when it comes to political correctness.  Thank you for your attention to this matter.  Mr. JAF needs to have a wake up call.

 

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