APACHE COUNTY, Ariz. — Arizona Attorney General Kris Mayes said in a letter Friday that her decision to raid the Apache County Attorney's Office is connected to allegations of "misuse of public monies" and "threatening and intimidating a political opponent."
Mayes wrote the letter to the Apache County Supervisors explaining her decision to serve a search warrant on the county office on Tuesday.
In the letter, Mayes indicated her office has been conducting an ongoing investigation into alleged threats and intimidation, and that County Attorney Michael Whiting has not been seen in days.
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"Seeking and executing a warrant on a County Attorney’s office was a significant decision that I did not take lightly," Mayes wrote. "Since serving the search warrant, County Attorney Michael Whiting has not returned to the office, and attorneys from the office are now calling on him to resign."
A letter shared with 12News shows attorneys in Whiting's office have asked him to resign due to his continued absence and unknown whereabouts. The ongoing investigation has caused significant disruptions to the agency, the letter states, and the allegations against Whiting reflect poorly on the entire office.
"You are the figurehead of the office and the subject of the investigation," they wrote.
On the day the search warrant was served, the employees wrote, Whiting was less than a mile away at the Board of Supervisors chambers. They wrote employees called him when the agents arrived, with no response.
"You repeatedly assured us you were on your way to the office," they wrote, but said Whiting never arrived.
The letter says employees were asked to track Whiting using the GPS on his county-issued car, but they wrote they found the GPS unit had been turned off.
"...your whereabouts remain unknown," the letter reads.
The letter is signed by Chief Deputy County Attorney Celeste Robertson, Assistant Chief Deputy County Attorney Tyron Jensen, and Lead Prosecutor Garet Kartchner.
Mayes told the Apache County Supervisors that she is empowering Robertson to make decisions "as if the Chief Deputy were the county attorney," Mayes's letter reads.
In Whiting's absence, Mayes said her office will be providing supervisory assistance over the county attorney's office for the next 90 days. If Whiting is to return then he must "obtain approval from the Criminal Division Chief of (Mayes') office before making personnel decisions or expending more than $200."
"The exercise of my supervisory authority is intended to assist the Apache County Attorney’s Office, not control it," Mayes wrote.
The warrant issued earlier this week about the investigation remains under seal.
Also Friday, the State Bar of Arizona confirmed it received a complaint against Whiting, saying that the complaint is in the "pre-screening" process.
Whiting said in an e-mail to 12News Friday that he has been in touch with special agent in charge and said he doesn't know why it is being reported that no one knows where he is. The statement, in part, reads:
I was actually at the monthly Board of Supervisors meeting (at the county seat) on Tuesday, June 4th, 2024, when the search warrant was served on the Apache County Attorney's Office. Sometime later that day (Tuesday) I spoke with the special agent in charge who indicated he didn't need anything from me. After the phone call I attended another meeting in a different city in the county. Later that night, after that meeting, I drove back to the county seat and was informed that the special agent in charge now wanted a laptop and a cell phone. I provided those to him. At that point he said he didn't need anything else. (Tuesday night).
The next day, Wednesday, he was contacted again and asked if he needed anything further to which he responded no. I then went to California on a pre-planned trip with family. I came back from California today, June 7th, 2024, been to the office, and in contact with County management, etc.
Accordingly, I'm not sure why there's been any statements that I am not present or my whereabouts are unknown.
Whiting had previously emailed this statement to 12News on Thursday:
On June 4th, 2024, personnel from the Attorney General's Office presented a search warrant at the Apache County Attorney's Office. We knew the process would be somewhat disruptive to the efficient operations of the office, but the agents were very professional and the disruption was minimal. In speaking with people present, including one of the agents, everybody was very cordial and very cooperative.
As expressed to many people in the last 24 hours, the Attorney General and her office are elected by the people of the State of Arizona to investigate any allegations, no matter the office or how small they may be. As such, our office remains committed to continued cooperation and transparency. Our office is open and we are continuing to serve the public. The staff from both offices continue to do a great job in serving the public.
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