Joe Arpaio-Deputy-Threaten-er (Alleged) Richard Malley's Arrest Report Released, and Malley's "Arizona Special Operations Group"

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The MCSO has released its report on an August 17 incident, during which Glendale resident Richard Malley allegedly pointed an AR-15 at one of Sheriff Joe Arpaio's deputies in the desert near Gila Bend.

Following his run-in with MCSO Deputy P. Arend, which could have easily ended in bloodshed, Malley, 49, was arrested for aggravated assault. Later, he was publicly chided by Sheriff Joe Arpaio, who said Malley was "lucky he didn't see 30 rounds fired into him."

But under the handle "Doc Garratt" on a Facebook page entitled "Justice for Robert Malley," Malley -- who is unemployed and lives with his mother -- complains that he was wrongly arrested "for flashing my flash light at someone to i. d. them." This, while begging for donations to help with his legal bills.

MCSO's report tells a different story, of course, and mentions that the flashlight in question was attached to the barrel of his AR-15, a fact omitted by Malley, who refers to himself as the "commander" of the "Arizona Special Operations Group," which I'll get to in a moment.

See Also:
Joe Arpaio, Richard Malley, Robert Crooks, Harry Hughes and Rusty Childress' New Nativist Group "Remember 1986"

Included in the report is Deputy Arend's account of what happened. He and another deputy were patrolling for drug smugglers on Interstate 8 near Vekol Valley, stopping their car and honking its horn, in hopes of flushing out marijuana mules waiting for a ride.

At mile marker 140, after honking, Arend parked his car and got out on his own to look for signs of foot traffic with his flashlight. Shortly thereafter, Malley confronted Arend in a standoff that almost turned deadly.

Read the MCSO's incident report on Richard Malley's arrest for aggravated assault.

Arend writes:

I heard an unknown male who was later identified as Richard Malley...yelling commands for me to show my hands. I turned around and looked northwest at a thicket of Palo Verde trees and saw Malley pointing a rifle (AR-15) with a mounted flashlight directly at me blinding me. I verbally identified myself as a Deputy Sheriff several times. Malley continues to order me to show him identification while holding me at gunpoint, while at the same time saying he was with "Arizona Special Operations Group." I gave him commands to show me his identification and once again verbally identified myself as a Deputy Sheriff. After a few seconds he finally lowered his rifle.

As he did the light left my eyes and I was able to clearly identify his rifle as an AR-15. It was later discovered the weapon had a loaded thirty-round magazine with a live round in the chamber and the rifles' selector switch was in the `fire position.' During the confrontation I was in fear of my life believing if I would have met the lethal force with lethal force I would have been shot, due to the fact I was at a disadvantage by him already having his rifle pointed at me and the fact I believed he was [with] another law enforcement agency. I noticed my hands and voice were trembling. I was also confused by his verbal commands `Arizona Special Operations Group' believing at first he was a Law Enforcement Officer from another agency.

Angry, Arend informed Malley that he just committed aggravated assault on a peace officer. Malley replied that he didn't know Arend was a cop. So Arend pointed at the sheriff's patch on his left shoulder.

"[Malley] then told me that didn't prove anything...saying he had patches on his uniform," Arend writes.

Though Arend produced his sheriff's badge and his MCSO identification card, Malley refused to turn over his weapons. By this time, Arend's fellow militia-men Rob "Lil' Dog" Crooks of the Mountain Minutemen (or "Minuteman," as seems more appropriate) and Robert Deatherage, the supposed "captain" of Arizona Special Operations Group, were on the scene.


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71 comments
astroturf
astroturf

Malley wasn't falsely wrongly arrested by any means. It's crazy that after what he did he wants people to give him cash for his defense.

MaskedMagician1967
MaskedMagician1967 topcommenter

Why would Malley continue to hold the deputy at gunpoint even after the deputy identified himself as a law enforcement officer?

Until the deputy identified himself Malley was in the right. Then the deputy had the authority to make Malley into Swiss cheese until Malley lowered his rifle.

wtf...
wtf...

Bunch of fucking cops wanna be's, if they're so concerned about the border then join the fucking border patrol and get paid for it instead of begging for donations!


Lone_Wolf
Lone_Wolf

I wonder if this is the same criminal "operations" group that stole 19 firearms from a nearby military gunshop in Wilson? I'm sure the F.B.I. is monitoring them.

eric.nelson745
eric.nelson745 topcommenter

Hmmm. I wonder whether Mr. Malley has a criminal record apart from this duel in the desert. He looks like he could be a member of Hell's Angels or some other biker group. Anyway, I have a question for you Second Amendment wackos. Do you really, truly want these crazy fucks out there "patrolling" the desert, endangering the lives of the real cops? The incident described in Lemons' story could certainly have turned out very differently, with Deputy Arend being eulogized.

DNichols
DNichols

I just wonder where these Racist Idiots were the night of the Eloy Immigrant Murders?!

Two People were Murdered, then Pinal County Sheriffs came and checked if they were un-documented.

This could haave been any one!

These are Racist Drunken Whack Jobs with Night Scopes,Sniper Rifles, and even Military Rocket Propelled Grenades as found at J.T. Readys Massacre!

The Federal Government should be trhe only ones P)atrolling America's Borders!

dennis20
dennis20 topcommenter

Morgan Lowe at CBS 5 went undercover with this group. The link of his report should be on line today.  It's a great report. One of the things that stuck out with me was his last line: 

"Many of the members are government employees and Military contractors." 

Let that sink in folks. 

danzigsdaddy
danzigsdaddy topcommenter

AR-15's and box cutters are not illegal, pointing either at a cop are considered threatening, one guy is alive one guy is dead, this debate is going to get way worse and way more debated as time for Malley's sentencing gets closer. i can see logic on both sides of the debate, but if Malley gets a light sentence or plea bargain...............i see this turning into a big issue in this state. (personally, i think he had a right to have that weapon and patrol the border, but he also has the right to serve a maximum sentence for pointing that rifle at a cop and he should be happy to serve it, most stories like Malley's end with a funeral)

ReggieVV
ReggieVV

Crazy self appointed idiots. The deputy can thank his idiot boss the sur rife for fanning the flames of these lunatics.

Eleanor_Holguin
Eleanor_Holguin

In Tempe we have a cop killing a guy for having a box cutter.

MCSO lets this guy get away with pointing an automatic rifle at them. 

What is wrong with this picture?


royalphoenix
royalphoenix

Military vets ? I'm a USMC vet. These tards are nothing but low life racist pukes. peace

dennis20
dennis20 topcommenter

The website states: 

Arizona Special Operations Group

We are private contractors for the great state of Arizona, That work with U.S. Border Patrol and local law enforcement agencies. 


dennis20
dennis20 topcommenter

Richard Malley is one of many monsters Arpaio and the anti-immigrant politicians helped create.  A few weeks before this incident, Rusty Childress, Barb Heller and all the other fake patriots were camping with this guy. Now they want nothing to do with him to save their own face.

As for MCSO, BP and Pinal County Sheriff, they all were called by JT Ready while he held undocumented crossers against there will and at gun point.  They could've stopped that madness when they had a chance.  At least now, there is one deputy that understands what a real threat these people are. I am grateful he is OK. If he would've been shot- he would still be missing and Mexicans would be the only suspects just like the dead rancher. 

And while I am at it-The FBI and HLS spent more resources on infiltrating, spying and even sabotaging or trying to encourage illegal activity during Occupy Phoenix. The undercover cop posing as an anarchist from Mexico was spotted early on and reported to me.  He tried to get people to commit crimes that would've gotten them in big trouble and his name later showed up on the FOA police reports released by the ACLU in case anyone thinks I am exaggerating.  The 99% was a bigger threat than JT Ready or any of these folks?


ConfusedReader
ConfusedReader

Stephen Lemons Wrote:

"The MCSO has released its report on a September 17 incident, during which Glendale resident Richard Malley.."

Didn't this actually happen more than a month ago...  like maybe August 17th?

danzigsdaddy
danzigsdaddy topcommenter

i think the officer showed tremendous self restraint. that situation could have gone any one of many different ways and most have them could have been real ugly

shadeaux14
shadeaux14

@wtf... ,

 Except for the "begging for donations" part, that's a pretty accurate description of the MCSO.

dennis20
dennis20 topcommenter

@eric.nelson745  To deny that the gun crazy culture isn't at least partially responsible for this is to not accept reality. But since when have the gun nuts accepted responsibility or reality? 

TheyCallMeMrTibbs
TheyCallMeMrTibbs

@dennis20 He didn't go undercover with ASOG. It was a different group. He did hang out with Crooks, but not with Malley and thhhat other guy. Good segment, tho.

Flyer9753
Flyer9753 topcommenter

@danzigsdaddy

"but he also has the right to serve a maximum sentence for pointing that rifle at a cop and he should be happy to serve it, most stories like Malley's end with a funeral"

WHAT?!?!?!

You are actually blaming him for doing something that is 100% legal, for not being clairvoyant and knowing ahead of time it was a cop and for lowering the weapon in a few seconds time after the deputy identified himself??

Way to smooch the cops ass and make sure that LEO running roughshod over citizens simply because they can, continues to happen.

danzigsdaddy
danzigsdaddy topcommenter

@ReggieVV  and Brewer. she wanted these militia activities. when the cop, border patrol agent and civilian bodies start piling up because of "Mistaken Identity" she can tell us what a great plan she had. the law should be left to those who are trained in it

marcy
marcy

@Eleanor_Holguin 

Here's another way of looking at it Eleanor.

How many countries has the US invaded in the last 65 years?

How many of those countries had nuclear weapons?


marcy
marcy

@Eleanor_Holguin 

The lesson here is don't bring box cutters to a gun fight, you'll die.

The cops are more respectful when someone has the drop on them.

MaskedMagician1967
MaskedMagician1967 topcommenter

Thank you for your service royal. As a former soldier I despise these fools.

eric.nelson745
eric.nelson745 topcommenter

@dennis20 I'm waiting for some active-duty military member to be caught out there with these thugs. What a story that will be.

Flyer9753
Flyer9753 topcommenter

@danzigsdaddy 

While I agree with you, and do not in any way condone the methods this idiot group uses, the facts are that the citizen was in the right.

Until the officer identified himself clearly, he is just another person in the desert, possibly on private land, possibly a danger. 

Do I agree with using a rifle mounted flashlight to illuminate him, hell no, just like PCSO deputies should not use rifle mounted scopes to look at something/someone, but the fact remains that it's not aggravated assault and that until the deputy was identified, he was nothing more than a trespasser on someones land or an unknown person in the desert.

Yes the officer showed restraint and intelligence by realizing that someone had the 'drop' on him and not escalating the situation needlessly since it very well could have been him getting filled with holes. 

After that the deputy stopped acting like a deputy and started acting like a control freak in a situation that he has no right to control.

dennis20
dennis20 topcommenter

@WalrusKong @dennis20  My mistake. These groups do seem to cross over with one another but you are absolutely right. 

eric.nelson745
eric.nelson745 topcommenter

@Flyer9753 @danzigsdaddy Listen, Flyer. Pointing an AR-15 at a sworn officer is patently illegal. Now as for the dead man wielding a box cutter, the cop who shot him should not get away with what he did. The man was not putting anyone, and I do mean anyone, in any imminent danger.

yourproductsucks2
yourproductsucks2 topcommenter

You cannot point weapons at people except in certain circumstances. The militia idiot was arrested and charged because his actions were illegal.

TheyCallMeMrTibbs
TheyCallMeMrTibbs

@Flyer9753 @danzigsdaddy Dude, ur nuts. The citizen was not in the right. Follow ur logic, and u could pull a rifle on anyone and everyone you bump into in the dark. Doesn't matter who they are, children, women, etc. Why not go the next step, and say he had the "right" to shoot the deputy? after all, he feared for his life, thought he was a drug dealer, etc.I mean, if ur gonna sanction agg assault on a cop, next ull be sanctioning a kill zone called the desert. Nope. That is not the law.

danzigsdaddy
danzigsdaddy topcommenter

@Flyer9753 in defense of the officer turning into a control freak................after having a AR-15 pointed at me by a guy hiding in the dark, i think i might have been MORE high strung than the officer. (just being honest about it)

eric.nelson745
eric.nelson745 topcommenter

@Flyer9753 @eric.nelson745 @danzigsdaddy We'll see how he does at his criminal trial. The cop did ID himself as a peace officer. Refusal to comply with deputy's order to lower his weapon could have put him in one of the county coroner's refrigerator drawers. Try it yourself and see what happens.

shadeaux14
shadeaux14

@eric.nelson745,

Next time somebody threatens you with a box cutter, see if you "feel like you're in imminent danger" 

I'd be willing to bet that you do.

Flyer9753
Flyer9753 topcommenter

@eric.nelson745 @Flyer9753 @danzigsdaddy 

Listen Eric. Pointing a weapon at someone who has yet to identify themselves, who you do not know who they are since they are not carrying a neon sign when you feel fear for your safety is NOT illegal.

Until the deputy identified himself clearly and that identity was verified, he was not pointing at an LEO, just another person and he in that situation had every right to do so.

If you believe otherwise I strongly suggest you go read the law and speak to an attorney before you end up on the wrong end of the law you claim to know but don't.

dennis20
dennis20 topcommenter

@WalrusKong @Flyer9753 @danzigsdaddy  I think the walrus dude nailed it folks.  You can't go around pointing your gun at people just because you suspect them of something. Oy doesn't matter if its at your apartment complex or the desert.  

Zimmerman got lucky because of a shitty prosecuter, a dad who is a former judge and a bad jury. He will kill again soon and wont be so lucky next time. 


eric.nelson745
eric.nelson745 topcommenter

@WalrusKong @Flyer9753 @danzigsdaddy Is that Arizona's version of Stand Your Ground? Zimmie could have avoided murdering Trayvon by simply following the 911 dispatcher's recommendation to break off the pursuit.

eric.nelson745
eric.nelson745 topcommenter

@danzigsdaddy @dennis20 We all know that the mighty NRA will never allow even modest measures to keep guns out of the hands of criminals and crazy people. Gun sales might go down one-half of one percent.

yourproductsucks2
yourproductsucks2 topcommenter

a lawyer and a judge already agree that it imeets tge rewuirements of aggravated assault.

Flyer9753
Flyer9753 topcommenter

@dennis20 @danzigsdaddy

" I've never heard of anyone living to talk about it-let alone fund raise off of it.  "

Because more sensational news takes the limelight.

dennis20
dennis20 topcommenter

@danzigsdaddy I've never heard of anyone living to talk about it-let alone fund raise off of it.  

danzigsdaddy
danzigsdaddy topcommenter

@dennis20 he has to be in turmoil on this one, not knowing who to support

dennis20
dennis20 topcommenter

@danzigsdaddy @dennis20 Oh COME ON! You mean to tell me that you disagree with Jaffy? How could you? He's always right about everything. 

TheyCallMeMrTibbs
TheyCallMeMrTibbs

@Flyer9753 @danzigsdaddy 

Check the "reasonable person" line. That's where a jury comes in: 

13-404. Justification; self-defense

A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.

B. The threat or use of physical force against another is not justified:

1. In response to verbal provocation alone; or

2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or

3. If the person provoked the other's use or attempted use of unlawful physical force, unless:

(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

(b) The other nevertheless continues or attempts to use unlawful physical force against the person.

TheyCallMeMrTibbs
TheyCallMeMrTibbs

@Flyer9753 @danzigsdaddy So ur walking down the street with ur AR,  in the dark, and someone bumps into u, so u whip the AR up, light him up with flashlight on ur barrel and start barking orders.

The other person does not have to stop for you, can keep on walking. What are u gonna do then, plug him? 

You have no right to shoot. No right to detain. Even if u detain, u better be sure a crime is committed, cops have limited immunity from civil action, u don't. 

As far as criminally, u may believe that fear will be a defense for you. But a jury will make that call. Should u be allowed to wander down back alleys pointing ur gun at people? Oh, hell no.

The person society really has to fear is u. But if u pull ur gun on someone and that person is also armed, they most certainly can shoot to kill. Now THAT would be lawful. 100 %.

Flyer9753
Flyer9753 topcommenter

@danzigsdaddy

A few years ago I was living in North Phx and woke up to someone in my fenced and locked back yard. No light, just someone moving around the house from the rear gate (which they scaled) towards the back arcadia door. 

I went out through the garage and came up behind him as he was trying the arcadia door - backlit him and had a weapon on him, told him to freeze as I lit him up.

Phoenix PD.

All worked out fine. After I saw that, I immediately put the gun down - he got his heart beat back, we talked, he took my weapon to check it and my info which I gave willingly but did not have to (he was the trespasser), quick word with his supervisor who showed up and that was the end of it.

Similar happened to me in Texas. It's all up to the officers at the scene.

Granted a different situation since clearly private property but still.

I want to be clear here to everyone. I am in no way defending this idiot, his group, his tactics or even him in this situation - he screwed up and that was pretty clearly covered by Lemons in the article, but so did the deputy in many respects and the agg assault charge, just based off of what we know per the incident report and the article, is excessive - that is my only aspect to all this.

I simply want to see all the needed discussions and changes made to prevent this kind of crap in the future, from the law to the citizen to the LEO, nothing more.

danzigsdaddy
danzigsdaddy topcommenter

@Flyer9753  yeah, but in all honesty.....i have never heard of a cop having a gun pointed at him (for any reason) and the person not facing charges.  (unless it was another cop)

danzigsdaddy
danzigsdaddy topcommenter

@dennis20 you would hope it would, wouldnt you Dennis? unfortunately many of the people who need that wake up call will never see it. i see common sense with guns different than you or say Flyer or even JAFfy, but i do think some laws need to be re-written. i do believe in gun rights (and very strongly), but i think there need to be better checks and balances put in place to keep guns from people like Jared Laughner (or JAFfy). sadly, its too hot of a topic to get reasonable debate from either side at this point in history (there are some who are reasonable, but they get drowned out by the less rational ON BOTH SIDES)

Flyer9753
Flyer9753 topcommenter

@dennis20 @Flyer9753 @WalrusKong @danzigsdaddy 

At the time the AR was pointed at the PERSON, he was not a deputy, until he showed himself to be one.

No one is clairvoyant or all knowing, so even though I do not agree with this idiots group and methods, I will NOT expect him to do something that is impossible, such as know ahead of time it was a deputy and not someone intending him harm.

Nor should you.

Per the Deputies own statements, the gun was lowered within a reasonable time upon the deputy identifying himself.

dennis20
dennis20 topcommenter

@Flyer9753 @WalrusKong @danzigsdaddy "Guess what. Per the LAW you can pull a rifle on someone you encounter in the dark." 

Well that certainly is another reason we need common sense gun laws.  This is part of the gun problem as well as the racist extremist problem in a nut shell. Pointing an AR 15 at a deputy may hopefully wake people up to the whole problem. 


Flyer9753
Flyer9753 topcommenter

@WalrusKong @Flyer9753 @danzigsdaddy 

Guess what. Per the LAW you can pull a rifle on someone you encounter in the dark.

This was not agg assault. Go ask a lawyer or even a judge if you believe otherwise. Matter of fact, I recommend it, you clearly need an education.

Flyer9753
Flyer9753 topcommenter

@dennis20 @Flyer9753 

100% Agree Dennis

I am not in any way defending this moron and his groups activities or methods. Just speaking to the legal aspects and the unprofessional LEO aspects.

dennis20
dennis20 topcommenter

@Flyer9753 The desert is mostly BLM land and is public except for a few ranchers who lease the land at an incredably low price. It's not undocumented immigrants or even the cartels that are making our deserts unsave. It's these neo-Nazi and white supremacist militias. The fact that LE has refused to infiltrate them is a sad reflection on their priorities when so much money and resources were put into infiltrating Occupy Phoenix. 

Every week, someone is shot and killed by a police officer in Maricopa County for less than what this guy did. 

Flyer9753
Flyer9753 topcommenter

@danzigsdaddy

Oh I agree 100%, adrenaline come down is a bitch. I've felt it and had the fight with myself to stay in control during and after it.

That is the only aspect I mention the control freak aspect, and I probably overspoke there a bit. My only 'problem' for lack of a better word with the officer is the aggravated assault claim, as well as the 'lecture' afterward of things that were not accurate legally, nor accurate as to the situation.

Pointing out he is wearing a patch on his uniform for instance, in the dark, as evidence he is a cop, is ludicrous unless that patch is made out of neon lights 3ft high.

Everyone handled the situation badly in many respects but in the end, the facts (at least as we know them now) are that the citizen did nothing illegal or even wrong per se and the deputy had no business chewing him out for it or even making a deal of it.

My overall point is that handling situations like this, professionally even with the adrenaline, is what officers are trained for and if they are unable to do it they either need better/more training or to find another line of work where they can maintain professional control.

There is another aspect to this that has me curious. Re-read the officers statement and look at his own wordings in building a timeline.

He states that "I verbally identified myself as a Deputy Sheriff several times. Malley continues to order me to show him identification while holding me at gunpoint, while at the same time saying he was with "Arizona Special Operations Group." I gave him commands to show me his identification and once again verbally identified myself as a Deputy Sheriff."

ok - so far nothing about this is illegal or even unwise, when faced in the dark with an unknown person(s)..

He then states "After a few seconds he finally lowered his rifle."... a few seconds? Finally?

The exchange he outlines in the sentence prior sounds like it would take more than a few seconds, especially considering the use of the words 'several times' and 'continues to order me'.

In addition, if it was only a few seconds, it sounds to me like it was a normal encounter and that the gun was lowered within a reasonable amount of time for the situation.

Why the difference? Why the what now looks like 'embellishment' on his part?

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