PHOENIX — Maricopa County Attorney Rachel Mitchell said her office is attempting to reduce gun violence in the Valley by requiring defendants to serve time in prison for gun-related crimes.
After a string of violent homicides around the Valley over the last month, the county's top prosecutor announced some policy changes she's making to hold criminals more accountable.
Starting this Friday, MCAO prosecutors must now offer plea deals to defendants that include a prison sentence if their crime involved the use of a firearm.
The policy won't apply to defendants who were simply in possession of a gun when the crime was committed. The firearm had to be "actively used" to facilitate a crime, MCAO records state.
When prosecutors negotiate plea deals, they will often make stipulations outlining how the defendant shall be sentenced for their offenses. Plea deals often include more lenient punishments compared to if a defendant takes their case to trial before a jury.
For example, a former Phoenix police officer recently avoided a long prison stay for fraud charges after he signed a plea deal that stipulated a term of probation -- even though the defendant had initially been indicted on charges that could have resulted in prison sentences.
EN ESPAÑOL: Tras oleada de violentos homicidios en el valle, la fiscal del Condado Maricopa hace rigurosos cambios
But Mitchell is now essentially requiring her staff to include prison stipulations in all plea deals offered in gun-related cases. Deviations from this rule will require approval from a supervisor, she said.
Furthermore, a defendant with a felony criminal history must serve time in prison if they're prosecuted for being in possession of a gun.
“The revision to our plea policies recognizes that these crimes will not be tolerated in Maricopa County. Those who choose to put the residents of this county at risk by using a firearm in the commission of felony will be held accountable,” Mitchell said in a statement.
Mitchell, who was appointed to replace the late Allister Adel earlier this year, noted how her agency has recently received submittals for 16 homicide cases within a 10-day period.
“Keeping families and businesses safe is a priority for my office and this begins by holding dangerous offenders accountable," the county attorney said.
The Arizona Revised Statutes already outlines how defendants shall be punished if they're convicted of "dangerous offenses," meaning their crime involved the use of a deadly weapon.
At the minimum, defendants categorized as "dangerous" must serve at least 1.5 years in prison for the lowest felony offenses.
Julie Gunnigle, the Democratic nominee for Maricopa County Attorney, gave 12News the following statement regarding the new policy:
"Unfortunately for the communities most impacted by gun violence, this blanket policy is a campaign ploy rather than smart policymaking based on data and evidence. It totally ignores the root causes of gun violence, such as mental illness and addiction. Maricopa County residents deserve better than expensive policies that put a revolving door on private prisons but never address the issues that would actually keep us safer."
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