[ {"id":"e0f7b5ec-46fe-54e5-9f44-01eceb3fea03","type":"article","starttime":"1487704500","starttime_iso8601":"2017-02-21T12:15:00-07:00","lastupdated":"1487708365","priority":45,"sections":[{"crime":"news/local/crime"},{"watchdog":"watchdog"}],"flags":{"watchdog":"true","top_story":"true"},"application":"editorial","title":"Among horrors scalded Tucson girl faced \u2014 living with sex offender","url":"http://tucson.com/news/local/crime/article_e0f7b5ec-46fe-54e5-9f44-01eceb3fea03.html","permalink":"http://tucson.com/news/local/crime/among-horrors-scalded-tucson-girl-faced-living-with-sex-offender/article_e0f7b5ec-46fe-54e5-9f44-01eceb3fea03.html","canonical":"http://tucson.com/news/local/crime/among-horrors-scalded-tucson-girl-faced-living-with-sex-offender/article_e0f7b5ec-46fe-54e5-9f44-01eceb3fea03.html","relatedAssetCounts":{"article":0,"audio":0,"image":3,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"By Patty Machelor\nArizona Daily Star","prologue":"The 5-year-old girl's 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Before being submerged in scalding water, allegedly by the woman who recently adopted her, a Tucson 5-year-old lived with a foster father now imprisoned for sex crimes against children.

The girl, who was left in critical condition, had been shuttled from one troubled home life to another before 911 responders found her severely burned on Dec. 29.

State authorities had removed her from her biological parents and placed her, as a toddler, in the Sierra Vista home of David Frodsham, where she lived with other foster children from 2013 until January 2015.

Frodsham was arrested in 2016 after federal authorities accused him of sexual misconduct with children and of providing at least one child to an alleged child pornographer, Randall Bischak, for sexual contact. The foster father eventually pleaded guilty to counts involving a child over age 15, in return for prosecutors dropping other charges. The names of child sex victims are not public record and would not be published by the Arizona Daily Star.

Previous reports on his case quote a federal criminal complaint as saying Bischak and Frodsham allegedly met for consensual sex with children present.

The biological mother of the Tucson child says she raised concerns with state workers that while living in Frodsham\u2019s home, her toddler daughter had repeated urinary-tract infections, which can be a sign of sexual abuse in children, but says those concerns went unanswered.

From Frodsham\u2019s home, the little girl had to commute nearly 90 minutes each way to see her biological parents in Tucson. She initially would \u201ccry until she fell asleep\u201d after she left her parents, said Beth Breen, a former taxi driver for children in state custody. Breen took the child back and forth for nearly a year, ending in March 2014.

The little girl would scream in fear around strange men, Breen said, making it nearly impossible for male drivers to take her, and so Breen said she became her regular driver. Breen would sing to her and the girl would watch movies on a DVD player Breen bought for the drive.

Breen has had trouble sleeping since she realized, about a week ago, that the little girl in the news was the toddler she\u2019d transported.

After the recent news reports, Breen looked up the child\u2019s adoptive parents on social media and saw family photographs that confirmed her fears: This was the same girl she had known.

\u201cWe spent a lot of time together. We would sing songs and play \u2018I spy,\u2019\u201d Breen said. \u201cI would know that child anywhere. I have always had a special place in my heart for her.\u201d

Arizona Department of Child Safety records show that the girl\u2019s biological mother, Michelle Tremor-Calderon, was nearly reunified with the child before her parental rights were terminated in 2015.

What Calderon desperately wants now \u2014 and she has asked Tucson attorney Lynne Cadigan to help her \u2014 is to see her hospitalized daughter and, if the little girl is not going to survive, to say goodbye.


The child was adopted last summer by Samantha and Justin Osteraas and given a new name, law enforcement records and accounts on social media show.

Samantha Osteraas, 28, was arrested Jan. 5 after the girl suffered third-degree burns over 80 percent of her body, from the upper chest down, sheriff\u2019s records show. Osteraas might have waited up to six hours to seek medical treatment, court records say. She told 911 dispatchers she didn\u2019t realize she was bathing her daughter in scalding water.

Deputies also noted bruises to the child\u2019s neck and left arm, and saw blood and signs of trauma on her upper lip. Hours after the incident, the 5-year-old was reported to be in respiratory and organ failure. She remains at Banner-University Medical Center in a medically induced coma.

DCS spokesman Darren DaRonco said Samantha Osteraas did not have a history as a perpetrator with the child-welfare agency before this case.

After the arrest, the DCS removed the Osteraas\u2019 three young biological children from the family\u2019s home near North Shannon Road and West Lambert Lane. It is unclear whether they have been reunified with their father.

Samantha Osteraas, charged with two counts of child abuse, was released Thursday from the Pima County jail on a bond of $25,000.


Calderon learned a little more than a week ago that the hospitalized girl was the child she\u2019d lost. Calderon has not seen her daughter since July 2015, but, like Breen, looked up the adoptive parents on social media and saw her daughter in their family photos.

The girl was taken from her in April 2013 following a domestic fight between Calderon and the child\u2019s father, Jonathan Hileman. She remained in foster care while her parents, who struggled with cocaine addiction, worked toward reunification.

The girl\u2019s father, who is a registered sex offender from a 1999 crime involving an adult victim, had failed to notify police about his new address, and that was another factor in their case, at least initially.

Throughout the dependency case, Hileman continued to relapse while Calderon began to sustain her sobriety, reports show.

As of May 2014, Calderon was moving toward reunification with her daughter when she violated a court order by letting the father, who was not allowed unsupervised visitation, to be at home with them.

The couple tried to remedy that significant error by later separating, records show. In February 2015, Hileman relinquished his parental rights. Calderon said he did this primarily to help her regain custody of their daughter.

A couple of months later, in April 2015, court records showed Calderon to be in full compliance with her case plan. But the behavior of their then-3-year-old child was deteriorating around this time, DCS records show. She had prolonged temper tantrums, urinated on herself and cried for prolonged periods after her visits.

The child\u2019s caseworker and a DCS-appointed family therapist testified this was because the child was having difficulty relating to her mother, that the mother had \u201cinappropriate conversations\u201d in front of the child and \u201cdidn\u2019t know how to meet her daughter\u2019s emotional needs.\u201d

In the end, a judge severed Calderon\u2019s parental rights based on her violating the court\u2019s orders related to Hileman, the length of time the child had been in out-of-home care without successful reunification \u2014 well beyond the nine months required by law \u2014 and the \u201cserious negative behaviors\u201d the child would exhibit around her mother but reportedly would not display when away from her.

Calderon tried to appeal the termination, but was not successful.

\u201cThey took her away,\u201d she said last week, \u201cand look what they\u2019ve done to her.\u201d


Calderon repeatedly told Breen, the driver, that she thought something was wrong while her daughter lived in Sierra Vista. Calderon said she was always on the watch, fearful her daughter was being mistreated \u2014 so much so that it was brought up as a problem in her trial to sever her parental rights.

At one point, Calderon called Sierra Vista police to have a welfare check done at the house, and this was not well-received by the DCS, according to both the mother and DCS records.

\u201cI did address my concerns to the case manager and she had no concerns,\u201d Calderon said. \u201cShe told me the (Frodsham) home was a good home and nothing like that was going on there.\u201d

The repeated urinary-tract infections, which records show were treated following medical visits, were blamed mostly on the child consuming too many sugary drinks.

Records show the caseworker thought it was Calderon who was teaching her daughter to fear men and told her to stop more than once.

Breen, who also thought the Frodsham home seemed like a safe placement, said she feels guilty she didn\u2019t take Calderon\u2019s fears more seriously.

\u201cWhen I was transporting her, her mom kept saying, \u2018Something\u2019s not right, something\u2019s not right,\u2019\u201d Breen said. \u201cI kept reassuring her that it seemed like a good home.\u201d


Frodsham was licensed to have up to five foster children at a time, male and female, with the ages ranging from birth to 11, the DCS reported. DCS officials said they could not comment further on the case.

Breen said several foster children of various ages were living in the home when Calderon\u2019s child was there, including one other toddler. Frodsham was licensed as a foster parent in Arizona from 2002 until January 2015, when he was arrested on charges of aggravated drunk driving. His license was then suspended due to suspension of his fingerprint clearance card.

Frodsham was later charged with sex crimes after federal authorities, in 2016, alerted Sierra Vista police about his alleged involvement with Bischak, a former U.S. Army specialist. The Department of Homeland Security was investigating Bischak for allegedly producing and distributing child pornography.

Frodsham, who was indicted on seven counts related to sex crimes against children, pleaded guilty in June 2016 to three counts, including two counts of sexual conduct with a minor and attempted sexual conduct with a minor, said Cochise County Attorney Brian McIntyre.

Frodsham is now serving a 17-year prison sentence with the Arizona Department of Corrections and will be required to register as a sex offender for life.

There is an investigation pending on Bischak in Cochise County, but that\u2019s on hold until his federal case is done. Bischak was indicted on multiple counts of child pornography in a case pending in U.S. District Court in Tucson.


Calderon has a small collection of photographs from her visits with her daughter, along with photos she collected of bruises and scratched feet she feared indicated her daughter was being mistreated in foster care.

Months after her rights to her daughter had been severed, she learned about Frodsham\u2019s arrest.

She agonized over that, thinking \u2014 until now \u2014 it was the worst news she could ever hear.

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The families of two men who were shot and killed by Tucson police officers last year in unrelated incidents have filed $6 million in claims against the city, records show.

The first claim, filed in November by Ellcie Cajoux, is asking for $1 million from the city in the May 30 death of her son, Osee Calix.

An officer stopped Calix, who was riding his bicycle in the area of North Columbus Boulevard and East Fairmount Street, when he attempted to brake and fell, Tucson police said at the time.

Paramedics arrived to treat Calix\u2019s minor injuries, and after receiving care he stood up and produced a handgun. When officers tried to take the gun from him, Calix fired at least one shot One of the officers then fired his gun, striking Calix, according to police.

It was determined later that Calix was wanted on a felony warrant for a probation violation out of Florida involving drug offenses.

The wrongful-death suit says the officers used excessive force and that the department exercised negligence in its training and supervision.

The officer who shot Calix is also named in the claim for an additional $1 million.

The second claim, filed Dec. 28, also alleges negligence by the department, this time in the July 8 death of Abraham Smith.

Tucson police arrived at Smith\u2019s mobile home, in the area of West Grant Road and North Stone Avenue, at the request of the countywide Mobile Acute Crisis Team, which deals with mental-illness situations, Tucson police said at the time.

The team, which was there to serve Smith with a court-ordered emergency mental-health petition, requested the assistance of TPD\u2019s Mental Health Support Team, according to police.

Officers were told Smith was mute and communicated through writing and gestures, and they attempted to make contact with him from outside the trailer for 15 minutes before entering the home, Tucson police said.

The three officers encountered Smith coming out of a back bedroom with what appeared to be two knives in his hands. Police later learned that Smith was holding a piece of broken glass from a mirror in one hand and a 10- to 12-inch kitchen knife in the other.

Two officers were able to back out of the trailer and out of Smith\u2019s way, but the third was backed into a fence and unable to escape as Smith continued to advance, according to police.

The officer ordered Smith to stop before firing his gun, police said.

The claim, filed by Smith\u2019s mother, Joan Smith, said the Mobile Acute Crisis Team was asked by Smith\u2019s sister not to bring police because her brother was afraid of them.

Joan Smith is asking the city to settle the claim for $5 million.

TPD\u2019s internal investigation into Smith\u2019s shooting is closed and it was determined to be justified within policy, said Sgt. Pete Dugan, a department spokesman.

Calix\u2019s shooting is still under departmental review, Dugan said.

City Attorney Mike Rankin has previously told the Star that he\u2019s unable to comment on pending litigation.

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A Tucson police officer reinstated to the department after being fired for not paying for a burrito was disciplined by the state agency that oversees law enforcement certification, officials said.

The Arizona Peace Officer Standards and Training Board accepted an agreement with Jose Olivares on Wednesday, and issued a retroactive suspension of his state certification, according to AZPOST documents.

Olivares was fired from the Tucson Police Department last February after he failed to pay for a burrito during an October 2015 visit to Viva Burrito, according to AZPOST documents.

The day after the incident, one of Viva Burrito\u2019s employees told a police lieutenant what had happened, leading to a department investigation.

Olivares told investigators he forgot to pay, but security footage from the restaurant showed him reaching toward his pocket at least four different times, but never producing any payment, AZPOST documents show.

The investigation determined Olivares committed theft while in uniform and on duty, and he was fired.

Olivares appealed his termination with the city\u2019s Civil Service Commission, which ruled there wasn\u2019t just cause for the type of discipline imposed.

He was reinstated to the department after serving an 80-hour suspension, city records show.

His suspension with AZPOST was considered served between Feb. 26 and March 16, 2016, according to AZPOST documents.

Olivares is on full-duty at TPD, working in the department\u2019s Alternative Response Callback unit, according to a department spokesman.

"}, {"id":"71385e46-a541-55c6-b26b-782d728c29eb","type":"article","starttime":"1486922400","starttime_iso8601":"2017-02-12T11:00:00-07:00","lastupdated":"1486946214","priority":40,"sections":[{"college":"news/local/education/college"}],"flags":{"watchdog":"true","top_story":"true"},"application":"editorial","title":"Pima College athletics department was careless with cash, student files, audit finds","url":"http://tucson.com/news/local/education/college/article_71385e46-a541-55c6-b26b-782d728c29eb.html","permalink":"http://tucson.com/news/local/education/college/pima-college-athletics-department-was-careless-with-cash-student-files/article_71385e46-a541-55c6-b26b-782d728c29eb.html","canonical":"http://tucson.com/news/local/education/college/pima-college-athletics-department-was-careless-with-cash-student-files/article_71385e46-a541-55c6-b26b-782d728c29eb.html","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"By Carol Ann Alaimo\nArizona Daily Star","prologue":"Identity theft was a risk because player records were stored, unsecured, in a campus gymnasium.","supportsComments":true,"commentCount":0,"keywords":["pima college","pima college governing board","piima community college athletics","identity theft","internal audit"],"internalKeywords":["#latest","#watchdog"],"customProperties":{"arm_id":"73623"},"presentation":"","images":[{"id":"cb15ac28-45fe-5214-9fec-5400193a063c","description":"Edgar Soto","byline":"Courtesy of PCC","hireswidth":null,"hiresheight":null,"hiresurl":null,"presentation":"","versions":{"full":{"type":"image/png","width":"208","height":"286","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/c/b1/cb15ac28-45fe-5214-9fec-5400193a063c/589e6a0db76e5.image.png?resize=208%2C286"},"100": {"type":"image/png","width":"100","height":"56","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/c/b1/cb15ac28-45fe-5214-9fec-5400193a063c/589e6a0db76e5.image.png?crop=208%2C117%2C0%2C59&resize=100%2C56&order=crop%2Cresize"},"300": {"type":"image/png","width":"300","height":"169","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/c/b1/cb15ac28-45fe-5214-9fec-5400193a063c/589e6a0db76e5.image.png?crop=208%2C117%2C0%2C59"},"1024":{"type":"image/png","width":"1024","height":"576","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/c/b1/cb15ac28-45fe-5214-9fec-5400193a063c/589e6a0db76e5.image.png?crop=208%2C117%2C0%2C59"}}}],"revision":11,"commentID":"71385e46-a541-55c6-b26b-782d728c29eb","body":"

Generations of Pima Community College athletes were put at risk for identity theft when their player eligibility records were stored, unsecured, in a campus gymnasium, a recent internal audit found.

It also found \u201csignificant\u201d fault with how PCC athletics handles cash deposits and donation checks, and it criticized the department for not making good on pledges to fix its problems promptly.

The athletics audit undertaken in late 2016 is the third since 2012 to detect problems that were said to put the college at unnecessary financial risk.

The findings were troubling to a committee of local experts that advises PCC\u2019s Governing Board on financial practices. The committee send a letter of concern to Chancellor Lee Lambert.

\u201cWe wish to express our considerable concern about the length of time that has elapsed from the initial audit, and the apparent failure to implement necessary changes in a timely manner,\u201d the Jan. 20 missive said. Lambert wrote back on Feb. 8 saying all the remaining problems are fixed.

Edgar Soto, the longtime head of PCC athletics, would not answer questions about the audit findings. Libby Howell, the college\u2019s public relations chief, also wouldn\u2019t answer questions.

Howell did provide a brief statement that praised the athletic department\u2019s progress to date. It noted the 2015 audit was done at Soto\u2019s request and stressed that none of the audits have \u201cfound any misuse or diversion of public or donor funds.\u201d

Athletics, which received a $500,000 infusion from taxpayers this year to keep sports programs running as enrollment shrinks, lacks a \u201cstrong culture of compliance\u201d with the rules that govern its operation, the latest audit found.

The mishandled player eligibility records, stored in 21 boxes and nine large filing drawers in the West Campus gym, are \u201chistoric records (that) go back for decades\u201d, the audit said.

The set-up left the records \u201caccessible to unauthorized individuals, placing former students at risk for identity theft,\u201d the audit said.

Only former athletes\u2019 files were mishandled, the audit said. Those of current PCC athletes are properly stored in the college registrar\u2019s office, it said.

Athletics also didn\u2019t always follow rules for handling cash and donor checks, the audit said. Cash from game receipts, for example, is required to be deposited within three business days but sometimes took two or three times that long to reach the bank.

Donation checks often weren\u2019t cashed for weeks or months. A $100 check from early 2014 was found uncashed in an office safe during the most recent audit in late 2016.

A 2015 audit identified 12 problem areas, seven of which were fixed or nearly fixed a year later when a follow-up audit took place. \u201cSignificant internal control weaknesses continue to exist,\u201d the recent follow-up audit concluded.

Lambert\u2019s letter to financial advisers said the athletics department\u2019s previous reform efforts were delayed by organizational changes at the college.

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Churches like Hope Christian that don\u2019t have their own buildings typically must rent space at substantial cost \u00a0to hold services.

Hope\u2019s parent church, for example, was paying close to $100,000 a year to rent the auditorium of Amphitheater High School until the Tucson church changed locations in 2015.

Hope, which had revenue of $1.6 million last year, gets\u00a0\u00a0free meeting space during the school year through an ASU policy that allows a church-affiliated student club to book space at no cost for worship services.

Hope has one directly affiliated student club, Hope4ASU, known as Sun Devils 4 Christ until a recent name change. Since 2008, the club has been booking Neeb Hall, a 500-seat auditorium on campus, for weekly services advertised on Hope's website and open to the public.

A 500-seat meeting space typically rents for around $2,000 a day if booked by an outside organization, according to an ASU rental website.

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A Tempe church that sprang from a controversial campus ministry in Tucson is under investigation by Arizona State University, accused of stalking, hazing and other misconduct.

Seven disciplinary charges are pending against Hope Christian Church for suspected violations of the state university system\u2019s student code of conduct, public records obtained by the Arizona Daily Star show.

The allegations include hazing \u2014 described as \u201cacts of mental harm, personal degradation and embarrassment\u201d \u2014 stalking, unauthorized entry to student housing, unauthorized use of student information, and discrimination based on gender or sexual orientation.

Five campus clubs that partner with the church also face misconduct charges.

ASU started investigating after 14 people, including eight current students and an alumnus from Tucson, filed a 123-page complaint against the church in July. The university launched formal misconduct proceedings in November after reviewing the allegations, records show.

Public records also show that Hope, which takes in more than $1 million a year in donations, has received hundreds of thousands of dollars in free rent from taxpayers since 2008. The church holds its services on campus in facilities one of its student clubs is allowed to book at no cost. (See related story.)

Church officials dispute allegations of wrongdoing and say they are cooperating with the university\u2019s investigation. A pastor working with Hope Christian says the church hired a third-party mediator in July and has been asking former members to meet with leaders to try to sort out their differences.

ASU \u201chas yet to hear our side of the story, and we look forward to working with them to make sure they have all the facts,\u201d said Corey Vale, chairman of the church\u2019s board of directors.

\u201cWe\u2019re confident that ASU will be able to determine which student complaints, if any, need to be addressed and which complaints are simply an attempt from outside detractors to promote religious discrimination and intolerance through bullying and hate speech,\u201d he said.

Vale and other church leaders maintain the ASU complaint was manufactured by a former Hope employee who has raised concerns about the church on social media. Students say they wrote the complaint themselves and didn\u2019t find out until they were nearly done that an ex-employee shared their concerns.

Church officials haven\u2019t seen the complaint, but ASU officials briefed them on its content. The Star received a copy from a complainant on the condition that names of students \u2014 whose identities are protected by federal law \u2014 would not be disclosed without their consent.

It isn\u2019t clear how long the investigation will take. The staff in ASU\u2019s Dean of Students Office did not respond to three requests copied to four employees over a three-week period.

ASU\u2019s online rulebook for disciplinary cases says the dean uses a \u201cmore likely than not\u201d standard of evidence to determine if misconduct occurred, and if so, whether sanctions are warranted.

The church and its clubs could lose access to campus if the charges are upheld.

\u201cBONA FIDE CULT\u201d

The student complaint calls Hope a \u201cbona fide cult\u201d that showers new recruits with attention and affection \u2014 a tactic known as \u201clove-bombing\u201d \u2014 and then uses twisted Bible quotes and psychological manipulation to keep them in line.

It says the church uses five ASU student clubs as \u201cfront groups\u201d to solicit new members.

Church leaders and supporters reject such claims.

Hope advisory board member Gary Kinnaman, a former megachurch pastor in the Phoenix area, said Hope\u2019s leaders had authoritarian tendencies when the church was founded in 2004. Since then, Kinnaman said, he and other pastors have been helping Hope create a \u201ckinder, gentler ministry.\u201d

\u201cHas Hope been controlling? Yes. Extremely controlling? Perhaps in some cases,\u201d said Kinnaman, who now runs a religious consulting firm and is an occasional guest preacher at the church. \u201cHowever, Hope\u2019s board and advisers have recognized this tendency, have addressed it formally, have outlined changes Hope needs to make, and Hope has made those changes.\u201d

Kinnaman helped set up a Phoenix-area support group for evangelical pastors, known as the Grace Association, whose leaders have been working with Hope almost since its founding to help the church adopt healthy practices. He and other Grace pastors appear regularly in Hope advertisements praising the Tempe church and its leadership.

Hope\u2019s critics say the outside pastors are seldom on site and don\u2019t see what goes on day-to-day.


The current complaint against Hope is the fifth to ASU officials since 2010, public records show.

In April 2013, the father of a freshman wrote to ASU President Michael Crow saying his son was \u201cin danger of hurting himself\u201d because of \u201cbrainwashing\u201d by the church.

\u201cBecause of what they have done to him, he is a shell of the individual I sent there,\u201d wrote the father, whose name, along with his son\u2019s, was redacted in the email ASU released to the Star.

\u201cWhen I dropped him off at school last August, I had but one request \u2014 to be happy,\u201d the father wrote. \u201cDuring a 62-minute call with him yesterday, he did nothing but cry.\u201d

ASU officials looked into the complaint but didn\u2019t pursue it formally because father and son both objected to sharing it with the church, records show. The son defended the church when contacted by school officials, said ASU spokeswoman Herminia Rincon.

A few months later, the father wrote to Crow again. \u201cI have no choice but to remove my son from your campus,\u201d he said.

In another 2013 complaint, residents of a dorm on ASU\u2019s downtown campus reported being badgered for their contact information by a \u201ccult-like\u201d group. Hope campus minister Sean Hamby, who is still with the church, was part of that group, an incident report by dorm personnel said.

Students who gave out their cell numbers said they were \u201cconstantly bombarded with texts\u201d to a point it seemed \u201charassing and intimidating,\u201d the report said.

Two other complaints of \u201charassment by a religious solicitor\u201d were filed in 2010 by dorm residents at ASU\u2019s Barrett Honors College. Both involved former Hope staffer Chad Pentecost, who worked for the church from 2010 to 2016, according to his Facebook timeline.

Pentecost wandered the dorm halls unescorted \u2014 in violation of university rules \u2014 and banged on doors to invite students to church-related events, the incident reports said.

Questioned by dorm personnel during one incident, Pentecost \u201cdid not seem to understand how his actions have repeatedly made residents feel unsafe,\u201d one of the reports said.

The current ASU complaint cites six similar incidents, including cases where Hope ministers entered dorm rooms uninvited. Two of the current misconduct charges against the church and related clubs are for \u201cnon-compliance with university housing policies\u201d and for \u201centering student residential rooms without permission.\u201d

In an interview, Hope executive pastor Ricky Rudaflores disputed reports of aggressive soliciting. \u201cWe train our staff to abide by all university policies,\u201d he said.

He provided the Star with a code of conduct and code of ethics that prohibit church employees from recruiting in residence halls. The policies also ban virtually every other form of misconduct the church is accused of.

Hope put the written rules in place June 5, which records show was two weeks after ASU alerted the church that students were preparing a formal complaint.

Rudaflores said Hope began using the rules long before there were written policies.

Dozens of ASU students report positive experiences at Hope, and their stories often are featured in church advertising.

Gila County Superior Court Judge Timothy Wright, whose daughter attends ASU and joined the church last school year, told the Star he and his wife have visited Hope a half-dozen times and came away impressed.

\u201cWe have had a chance to meet pastor Brian (Smith) and his wife, several staff members (and) other volunteers,\u201d Wright said in an interview.

\u201cWe have full confidence that they have the students\u2019 best interests at heart and there are no hidden agendas.\u201d


Five current Hope complainants say church leaders pressured them to confess their sexual histories. They report being questioned at length about whether they masturbated or used pornography, whether they were gay, whether they\u2019d been molested as children and whether they\u2019d been sexually assaulted.

An email to the Star co-written by Hope\u2019s top three leaders and Vale, the church board chairman, denied the claims. \u201cPressuring people for deeply personal information is not a healthy practice, and we would not encourage anyone on our staff to act in this manner,\u201d it said.

Hope provided the Star with records of training ASU provided to church staffers in 2015 and 2016 that covered areas such as mental health and how to help students cope with traumatic life experiences.

An ASU senior who attended Hope from 2014 to 2016 said she came to regret telling a campus minister she\u2019d been sexually assaulted during freshman year. The minister and three other staffers later pressured her for details of her \u201crelational sins,\u201d including the sexual assault, the student wrote in the recent complaint to ASU.

\u201cI was forced to relive the experience in a space I was highly uncomfortable in with people I did not want to be talking to,\u201d she wrote. The exchange took place in a hotel room during a church trip, she wrote.

Another ASU senior who attended Hope during that time said she was \u201cregularly forced\u201d to recount childhood molestation. \u201cThey would tell me I was broken and that if I told them God would heal me,\u201d she wrote in the ASU complaint.

\u201cI was also told that being sexually assaulted at a fairly young age was a good thing because it had prevented me from engaging in intimate relationships before marriage.\u201d

ASU alumnus C.J. Stewart, a graduate of Desert Christian High School in Tucson who attended Hope from 2005 to 2011, said Brian R. Smith of Mesa, the church\u2019s head pastor, summoned him to a meeting in 2006 after Stewart told another minister that a man had molested him as a child. Stewart gave the Star permission to use his name.

Stewart said Smith, whom he\u2019d never met until then, showed no empathy for his pain and \u201cwent directly to asking me about my sexual attractions, his first question being, \u2018When you were in locker rooms with other boys at school, did you get erections looking at them?\u2019\u201d

The incident Stewart described, though a decade old, was included in the current complaint in a bid to show a long-term pattern of church misconduct.

Former ASU student Taylor Outlaw, who attended Hope in 2013 and 2014, told the Star about a sex-related seminar that made her cringe.

Hope employees showed a video on sex addiction to a mixed crowd of male and female students, then separated them by gender and pressured them to confess to the group whether they masturbated or used pornography, she said.


Hope Christian Church was founded in 2004 as a satellite of Faith Christian Church in Tucson, which 20 former insiders described to the Star as a cult that has operated on the University of Arizona campus since the 1990s.

Their claims were the subject of a 2015 Star investigation that resulted in the Tucson church\u2019s ouster from a council of campus religious leaders. The UA investigated but found no proof rules were broken, so the Tucson church continues to recruit on campus.

Cara Snyder of Tucson says her son Greg was solicited as a UA freshman last year by a Faith Christian campus minister who asked him if he thought he was going to heaven.

When Greg, now 19, started attending church activities and doing \u201chomework\u201d assigned by the minister, Snyder said she felt uneasy and researched the church and its leadership. She shared the Star\u2019s previous coverage with her son and arranged for him to meet with someone who explained why Faith Christian had been kicked out of the UA\u2019s religious council. To her relief, she said, her son\u2019s interest in the church waned.

Faith Christian founded eight satellite churches, including the one in Tempe, that recruit university students in three other states and New Zealand. The Tucson church and three of the satellites have been censured in recent years in response to complaints from students. (See related story.)

The Tempe church still is led by several of its Tucson founders. But the two churches had a falling out in 2005 and no longer have contact, said Smith, Hope\u2019s head pastor and primary founder. Smith, a UA fraternity leader and student council president in the 1980s, is a former member, elder and associate pastor of the Tucson church, and got his start recruiting students on the UA campus. He was trained by Faith Christian\u2019s founder, Stephen M. Hall, who has consistently refused to comment on criticisms of his church.

Smith said he initially practiced \u201ca similar style of leadership\u201d to Hall, which he described as \u201cauthoritarian, controlling and legalistic.\u201d But over the years, he said, the Tempe church has \u201cbuilt a new, healthy ministry culture.\u201d

\u201cFRONT GROUPS\u201d

Complainants says Hope recruits members through five student activity clubs that function as \u201cfront groups\u201d while claiming to be independent of the church.

Smith said the church supports what the five clubs do and partners with them for some student events. But there\u2019s no \u201cdirect connection\u201d between the clubs and the church, he said.

But internal church documents, submitted to ASU as part of the recent student complaint, show the five clubs \u2014 Sun Devils Wear Prada, Sun Devil Survivor, Outlaw Comedy, Man Up and WOW Factor \u2014 each play a key role in helping Hope attract new members.

A church website from 2013 names all five clubs as participants in Hope\u2019s annual drive \u2014 known as Operation 72 \u2014 to befriend as many freshmen as possible within 72 hours of their arrival on campus and obtain their contact information.

Another internal document, a 2016 slide show created by Hope campus minister Trevor Pentecost, analyzed which student clubs were most successful at helping the church \u201cmake a lot of friends that actually became disciples.\u201d

Hope\u2019s \u201cRespect Movement\u201d \u2014 which encompasses student clubs Man Up and WOW Factor \u2014 and Sun Devil Survivor, a wilderness competition, did best at attracting students who went on to join the church, the slide show said.

ASU senior Stephen Wicker, a former officer with the student club Man Up and one of the main authors of the ASU complaint, said the clubs host comedy shows, fashion shows, barbecues and pool parties, but they exist to promote the church.

\u201cThese are in no way independent organizations,\u201d said Wicker, who attended Hope from 2014 to 2016.

Student contact information acquired by any of the clubs is turned over to the church for follow-up solicitations, according to Wicker and other complainants who said they personally entered such data into Hope\u2019s central database.

Each of the five clubs now faces formal misconduct charges for allegedly misusing student information, entering student dorms without permission and failing to follow campus housing rules, ASU records show. Four of them, all except for Outlaw Comedy, also are accused of stalking.

Phoenix-area pastor Mark Buckley, part of the group that\u2019s been counseling Hope\u2019s leadership for more than a decade, doesn\u2019t buy the criticisms. From his vantage point, the church has been largely successful and members have had positive experiences.

\u201cOur conclusions are that Hope is a good tree, bearing a lot of good fruit, that has needed some pruning,\u201d he said, \u201cnot a bad tree that needs to be uprooted.\u201d

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At first, the ground crack is a few inches wide, as it cuts south from a dirt road through mesquite-and-creosote flats about a dozen miles south of Eloy.

Slowly, it opens up, at times wide enough to swallow a quad vehicle and deep enough that you can\u2019t see bottom. Back and forth, the fissure narrows then widens, grows deeper then shallower, until petering out nearly two miles later.

\u201cThis is the longest single fissure ever discovered in Arizona,\u201d geologist Joe Cook said recently as he walked along it. Up to 10 feet wide and 27 feet deep, \u201cit\u2019s deep enough that you wouldn\u2019t want to fall in.\u201d

It is also Arizona\u2019s newest physical evidence of the impacts of chronic over-pumping.

The groundwater pumping leads to subsidence, the geologic phenomenon of ground settlement that triggers fissures. It\u2019s a persistent and worsening problem in some rural areas, even as other areas have replaced groundwater with Colorado River water.

Lying about halfway between Tucson and Phoenix, west of Picacho Peak and north of Ironwood Forest National Monument, this fissure was discovered in two parts. The northern half appeared in December 2014 in Google Earth satellite images. The southern half, which hasn\u2019t shown up on Google yet, was discovered Jan. 12 by Cook, manager of the Arizona Geological Survey\u2019s fissure mapping program.

It\u2019s one of hundreds if not thousands of earth fissures across the state. First discovered in the Picacho-Eloy area in 1927, Arizona\u2019s fissures total about 170 miles today and are increasing in number yearly. About 70 miles of fissures have opened in this area alone, the state water agency said in a new report.

While no humans have fallen in, at least in Arizona, fissures are a known hazard to animals, having swallowed a 1,500-pound horse and a number of cattle over the years.

Across the state, the cracks have undermined roads, homes, power lines, sewer lines, irrigation canals and one section of Central Arizona Project aqueduct. They can be conduits for contaminants traveling to the aquifer, and sometimes become dumping grounds for people\u2019s unwanted pharmaceuticals, tires, garbage and even refrigerators.

\u201cI think it\u2019s a little shocking that we\u2019re causing these huge cracks to form in the landscape,\u201d Cook said. \u201cIsn\u2019t it a rude awakening \u2014 a wake-up call?\u201d

Fissure creation could speed up if and when Lake Mead drops low enough to trigger a Colorado River shortage that curtails CAP deliveries to farmers, said Cook, state water officials and Brian Betcher, general manager of a Pinal County irrigation district. Then, farmers could step up their groundwater pumping, triggering more subsidence.

For now, this giant crack aside, the state\u2019s most active fissuring is in the Willcox groundwater basin in Cochise County, said state officials. There, unregulated groundwater pumping has increased in recent years as more farmers have moved in and sunk new wells.

Forty-two miles of earth fissures are known in the Willcox area. Nearly 20 miles have opened up in the neighboring San Simon-Bowie area.

In both the Willcox and the Eloy-Picacho areas, said geologist Cook, \u201cevery time I look at Google Earth, I see another fissure.\u201d


Subsidence and fissuring are problems across the arid West. In the 1970s, fissures undermined home foundations in North Las Vegas, causing $14 million in damage. In California, a new NASA study shows that subsidence from over-pumping in the drought-stricken Central Valley has caused a 2-foot drop in sections of the California Aqueduct, limiting its ability to deliver water to 25 million people and nearly a million acres of farmland.

In Arizona in July 2007, a fissure opened and swallowed a horse, after a thunderstorm dropped 2 inches of rain in an hour and eroded ground at the Maricopa-Pinal County border. Known as the \u201cY-Crack,\u201d the fissure had opened and been backfilled several times before. This time, water undermined the backfill, leaving a hole 40 feet deep and 15 feet wide. A 13-year-old horse named Cash fell in and died despite 15 hours of rescue efforts.

In the late 1990s, workers discovered a section of CAP canal in Scottsdale was sinking because of land subsidence. Project officials spent $350,000 fixing the problem. And in September 1992, more than $3 million in damage occurred at Luke Air Force Base west of Phoenix when subsidence caused the slope of a drainage facility to reverse, sending floodwaters to the base.

A 9-mile-long discontinuous earth fissure in the Picacho-Eloy area crossing Interstate 10 has repeatedly damaged the freeway and required repairs. In the Phoenix area, authorities had to spend $200,000 to prevent damage from a fissure crossing the Red Mountain Freeway during its construction.

In agricultural areas of Pinal and Cochise counties, the fissures aren\u2019t as big a threat because few people live nearby, officials say.

But in the Willcox area, two major intersections are regularly broken up by fissures: at Dragoon and Kansas Settlement roads and at Kansas Settlement and Parker Ranch roads.

At Dragoon and Kansas Settlement roads, \u201cthe county consistently backfills it and puts up warning signs,\u201d said Murray McClelland, a longtime area resident and former president of the Pearce-Sunsites Chamber of Commerce. That fissure has also ruptured a nearby high-pressure natural-gas line.

An earth fissure also lies underneath fly ash ponds at the Apache Generating Station near Cochise southeast of Benson, the state water agency said.

As Cook walked along the newest Pinal County fissure, he recalled pulling a calf out of one near Elfrida in Cochise County a few years ago.

\u201cI was mapping a fissure and a saw a big white triangular thing down there \u2014 a cow\u2019s face, only a few feet deep. It was stuck in the mud,\u201d Cook said. \u201cMe and another guy had to lever it out, seesawing it back and forth.\u201d

Pointing to the new fissure, he added, \u201cIf a cow is in this thing, I\u2019m sorry, cow. I\u2019m not going to get you out.\u201d


Fissures can exist for years or decades underground before they\u2019re even seen.

Often, they open only after monsoon storm waters erode the ground and seep into existing cracks. Many fissures that could form above ground in the future probably exist today, undetected.

For the root cause, scientists blame \u201cdifferential subsidence,\u201d when adjoining sections of land decline at different rates as groundwater is pumped.

In Arizona, where groundwater over-pumping was rampant until the CAP arrived, more than 3,400 square miles have subsided in at least 26 separate areas, said the new Arizona Department of Water Resources report.

Only one known fissure has formed in Pima County \u2014 in the Avra Valley in 1981. Since then, subsidence from groundwater pumping has declined here because of the retirement of farms and arrival of the CAP.

But in the Eloy-Picacho area north of where the big fissure opened, land has dropped up to 19 feet since the 1940s. An area about 15 miles north of the new fissure sank 15.5 feet just from 1954 to 1985.

No one can say whether the new fissure was triggered by old or recent pumping. Since CAP water arrived in 1986, Pinal farmers\u2019 groundwater pumping has dropped two-thirds, but it started rising again in this decade.

The subsidence that caused this crack \u201cwas likely caused by the collective impacts of groundwater withdrawals over several decades,\u201d the state water agency said.

Brian Betcher, general manager of the Maricopa-Stanfield Irrigation District north of Eloy, said he suspects the cause is historic pumping because despite recent increases in groundwater use, \u201cwe\u2019re not even near those levels of pumping in the 1960s and \u201970s.\u201d


As Cook walked along the new fissure, he recalled that when its northern end was discovered in 2014, it was deeper and wider than now. Much of it has filled in with sediment dumped by big storms. That\u2019s happened to many other fissures and will eventually happen to this fissure\u2019s southern end, he said.

But longer-term solutions to fissuring are more elusive. The Arizona Department of Water Resources has held five planning meetings on water in the Willcox area since March 2016. There\u2019s been \u201czero\u201d progress, said former chamber president McClelland. While some farmers there are willing to self-regulate their pumping, other landowners including ranchers see that as a violation of property rights. Another meeting will be held by this spring.

In Pinal County, efforts to arrest groundwater pumping are hampered because the 1980 Groundwater Management Act, while \u201cterrific up to a point, doesn\u2019t really give the department the tools it needs to stop the overdraft completely,\u201d said Kathleen Ferris, former director of the state commission that drafted that law.

For example, the state water agency has the right to impose a pump tax on farmers to raise money to buy and retire farmland, said Ferris, who ran the department in the 1980s. But the tax is limited to $2 an acre-foot, \u201cand we\u2019ve known from the beginning that it wouldn\u2019t generate enough money to buy much ag land and put it out of production,\u201d she said.

In Las Vegas, authorities were able to halt subsidence and fissuring by replenishing the aquifer with water from neighboring Lake Mead. But recharging won\u2019t restore previous aquifer conditions or prevent future fissures in Pinal County, said state water agency spokeswoman Michelle Moreno.

A great deal of the subsidence in the Pinal area stems from compaction of fine-grained sediments that lost water.

Such subsidence, she said, \u201cis permanent and irreversible.\u201d

"}, {"id":"35321a1e-3e89-522c-bf02-8795f72dbc70","type":"article","starttime":"1486854000","starttime_iso8601":"2017-02-11T16:00:00-07:00","lastupdated":"1487354680","priority":30,"sections":[{"watchdog":"news/local/watchdog"}],"flags":{"watchdog":"true","top_story":"true"},"application":"editorial","title":"Man claiming self-defense in shooting at The Hut bar","url":"http://tucson.com/news/local/watchdog/article_35321a1e-3e89-522c-bf02-8795f72dbc70.html","permalink":"http://tucson.com/news/local/watchdog/man-claiming-self-defense-in-shooting-at-the-hut-bar/article_35321a1e-3e89-522c-bf02-8795f72dbc70.html","canonical":"http://tucson.com/news/local/watchdog/man-claiming-self-defense-in-shooting-at-the-hut-bar/article_35321a1e-3e89-522c-bf02-8795f72dbc70.html","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"By Caitlin Schmidt\nArizona Daily Star","prologue":"Fight at pool table erupted into shooting at popular hangout.","supportsComments":false,"keywords":[],"internalKeywords":["#watchdog","#latest"],"customProperties":{"arm_id":"73701"},"presentation":"","images":[{"id":"6f4e2c25-b4e4-5e9b-81e5-5d8971b0f2a8","description":"The Taqueria El Semental trailer doing business outside The Hut along 4th Ave. in 2015.","byline":"Kelly Presnell / Arizona Daily Star","hireswidth":4589,"hiresheight":3011,"hiresurl":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/6/f4/6f4e2c25-b4e4-5e9b-81e5-5d8971b0f2a8/589df6be558e1.hires.jpg","presentation":"","versions":{"full":{"type":"image/jpeg","width":"620","height":"406","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/6/f4/6f4e2c25-b4e4-5e9b-81e5-5d8971b0f2a8/589df6bdf3e49.image.jpg?resize=620%2C406"},"100": {"type":"image/jpeg","width":"100","height":"66","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/6/f4/6f4e2c25-b4e4-5e9b-81e5-5d8971b0f2a8/589df6bdf3e49.image.jpg?resize=100%2C66"},"300": {"type":"image/jpeg","width":"300","height":"197","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/6/f4/6f4e2c25-b4e4-5e9b-81e5-5d8971b0f2a8/589df6bdf3e49.image.jpg?resize=300%2C197"},"1024":{"type":"image/jpeg","width":"1024","height":"671","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/6/f4/6f4e2c25-b4e4-5e9b-81e5-5d8971b0f2a8/589df6bdf3e49.image.jpg?resize=1024%2C671"}}}],"revision":12,"commentID":"35321a1e-3e89-522c-bf02-8795f72dbc70","body":"

A Tucson man is facing charges of aggravated assault with a serious weapon, after police said he opened fire and injured a man in a December altercation inside a popular Fourth Avenue bar.

Mark Anthony Johnson, 40, was indicted on felony charges of aggravated assault with a deadly weapon, aggravated assault causing serious injury and misconduct involving a weapon, according to Pima County Superior Court records.

He has a case management hearing with Pima County Superior Court Judge Richard D. Nichols scheduled for Monday, Feb. 13.

Johnson, who is claiming self-defense in the incident, is accused of shooting a man at least four times after a Dec. 17 fight at The Hut, 305 N. Fourth Ave., according to a Tucson police report.

Police went to bar shortly before 1:30 a.m., after receiving reports of a shooting. Officers found Johnson being held on the ground by several men, according to the report.

Johnson told officers he was playing pool with his girlfriend and some friends, when a man started \u201chitting his girl\u201d and Johnson went to stop him. He told the man he was going to fight him when Johnson was struck on the head with a pool cue or pool ball, knocking him down, the police report said.

Johnson said that when he got up, he flashed his gun at the man standing in front of him, who grabbed the gun . They began to fight for control of the firearm, according to the police report.

\u201d(Johnson) stated that his finger was on the trigger and he must have pulled it a few times when trying to get the gun back,\u201d the officer wrote in the incident report.

Inside the bar, police found blood spatter on the floor and bullet holes in the walls and a television, the report said.

Johnson was taken to the hospital where he received stitches for cuts on his head before being booked into the Pima County jail. He\u2019s still being held on a $25,000 bond.

The shooting victim left the scene with his girlfriend, who was trying to drive him to Northwest Medical Center when the car was pulled over by Arizona Department of Safety troopers. The state troopers notified TPD of the traffic stop and followed the couple to the hospital, the police report said.

When police spoke to the victim, he said he didn\u2019t want to prosecute. After being served with a subpoena by the Pima County Attorney\u2019s Office, he testified at the preliminary hearing Dec. 27, during which the judge ruled there was probable cause to bring the case to trial, the police report said.

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A former Tucson group foster home worker was indicted Wednesday on federal charges of distributing and possessing child pornography, court records show.

A federal grand jury indicted 27-year-old Taylor Ray Freeman on one charge of distributing child pornography and two charges of possession of child pornography, according to U.S. District Court records.

The charges stem from a Dec. 27 online chat during which Freeman told an undercover police officer that he had a \u201csexual interest in children\u201d and that he had naughty pictures to trade, according to a complaint filed in federal court in Tucson.

He emailed the officer a sexually explicit photo of a girl, resulting in the charge of distributing child pornography, according to the indictment.

Homeland Security Investigations agents were able to track the email to Freeman\u2019s computer and served a federal warrant at his home Jan. 10. Agents seized a smartphone and internal hard drive, both of which contained photos and videos of child pornography. He was charged with one count of possession for each device, the indictment shows.

Pima County sheriff\u2019s deputies arrested Freeman the same day and held him in jail for less than 24 hours before transferring him to the custody of federal authorities, Deputy Cody Gress, a Sheriff\u2019s Department spokesman, previously told the Star.

On Jan. 11, U.S. Magistrate Judge Bernardo P. Velaso signed a detention order, remanding Freeman to federal detention until his trial. Velasco accepted the recommendation of Pretrial Services, which decided he posed a serious flight risk, the order shows.

Freeman was hired in 2013 by local nonprofit TMM Family Services, according to Arizona Department of Child Safety records.

TMM, which provides social services outreach, runs 10 group homes for up to 53 children ages 1 to 17, according to its website.

Donald Strauch, TMM\u2019s executive director, did not immediately respond to the Star\u2019s inquiry as to whether Freeman had contact with children.

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The Sheriff Department\u2019s former second-in-command pleaded guilty to misdemeanor theft charges on Friday in federal court.

Christopher Radtke, the Pima County Sheriff Department\u2019s former chief deputy, will be sentenced April 7 after pleading guilty to three counts of theft of government property before U.S. Magistrate Judge Eric Markovich.

Radtke\u2019s plea agreement with federal prosecutors resulted in each of the three counts being for theft of less than $1,000. He is facing up to one year of probation and an agreement to never work as a law enforcement officer or with Pima County again. The sentencing agreement has to be approved by the judge.

\u201cWe have reached a just outcome in this case,\u201d said U.S. Attorney John W. Huber of the District of Utah, which prosecuted the case. \u201cThis investigation and prosecution has cleaned the Pima County Sheriff\u2019s Office of years of corruption and ensures it will not return.\u201d

Radtke, 55, was indicted in September on one felony charge of conspiracy to launder money and seven felony charges of theft concerning programs receiving federal funds, according to U.S District Court records.

Radtke resigned from his job two weeks after the indictment, which followed a months-long investigation by the FBI into high-ranking department officials who allegedly misused public funds, according to Arizona Daily Star archives.

The investigation revealed that Radtke embezzled roughly $500,000 that had been seized from criminals under the Racketeering Influenced and Corrupt Organizations Act, known as RICO.

RICO funds are intended to be used for crime fighting and prevention, but the indictment says Radtke was misusing those funds, making purchases that didn\u2019t fall under those requirements.

Radtke admitted that for 18 years personnel at the Sheriff\u2019s Department would circumvent the strict restrictions on the use of RICO funds. The officers collaborated to make it appear the department was donating the RICO money to the Sheriff\u2019s Auxiliary Volunteers , although the funds were being used by the Sheriff\u2019s Department, according to a news release from the U.S. Attorney\u2019s Office.

Radtke admitted that he became part of the practice about six years ago, the release said.

The three counts of theft Radtke pleaded guilty to were associated with purchases made in 2011, 2014 and 2015, U.S. Attorney David Backman said in court Friday morning when summarizing the factual basis for Radtke\u2019s guilty pleas.

For all three incidents, Radtke admitted to knowingly converting funds to be used by the auxiliary volunteers with the intention of depriving the owner \u2014 the U.S. government \u2014 of the use or benefit of the money or property, Backman said.

In 2011, Radtke used a sheriff\u2019s auxiliary volunteers\u2019 check for $926 to reimburse the department\u2019s award banquet. The rest of the check was used to pay for a restaurant bill and a new microwave for the break room at sheriff\u2019s headquarters, Backman said.

Radtke also admitted to using the auxiliary volunteers\u2019 credit card in 2014, to buy two model airplanes for himself and an unnamed colleague, at a cost of $599 plus $90 for shipping. Five days later, he used the card again to pay $50 rush shipping for the airplanes, Backman said.

In 2015, Radtke used another auxiliary volunteers\u2019 check, this time to pay an artist $500 to make a menu for the chalkboard at sheriff\u2019s headquarters, owned by his niece, Nikki Thompson, Backman said.

The FBI investigation began after a November 2015 Star story about Thompson running cafes inside the sheriff\u2019s headquarters and the jail without a county contract and rent-free.

Public-records requests revealed the Sheriff\u2019s Department spent more than $30,000 on renovations and equipment, the Star reported in November 2015.

While the indictment listed a conspiracy charge and mentioned \u201cother persons known and unknown to the grand jury,\u201d no one else has been charged in connection with the investigation.

\u201cI\u2019m a little concerned about the plea agreement being for three misdemeanors, when he was charged with seven felonies,\u201d said Sgt. Kevin Kubitskey, chairman of the Pima County Deputy Sheriff\u2019s Association, and one of several department employees who came forward to the FBI to corroborate the allegations of misuse of funds. \u201cThe men and women of the PCDSA want to know why, and we\u2019re hoping that some explanation is given to us.\u201d

While it was a relief to finally hear Radtke admit wrongdoing and acknowledge this practice has been going on for 18 years, Kubitskey was also concerned the conspiracy wasn\u2019t addressed in the plea.

\u201cI hope that the U.S. attorney realizes the jeopardy people were in by giving all of this information,\u201d Kubitskey said. \u201cI worry that people may not come forward in future situations like this, because of this type of low plea.\u201d

Pima County Sheriff Mark Napier was disheartened by Radtke\u2019s admission that the illicit financial practices had been going on for nearly two decades, and said that the department is working hard to move forward and restore the public\u2019s trust.

\u201cIt\u2019s disappointing that such a long-existing conspiracy involving criminal corruption is coming to and end with three misdemeanor convictions and a year of probation,\u201d Napier said.

When asked if any changes had been made to the way in which RICO money is requested and disbursed, Napier\u2019s answer was brief.

\u201cSimply put, we\u2019re following the law.\u201d

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A Tucson toddler who died in December suffered a head injury and had marijuana in her system \u2014 a finding that differs from her father\u2019s claims that night of a near drowning, according to newly released police records.

When police responded to the 911 call on Dec. 10 shortly before midnight, they found Warren Gastelum standing next to his car with two children inside and a strong odor of marijuana emanating from the vehicle. When officers went inside the home, they found Gastelum\u2019s 4-year-old son sleeping on the floor and again smelled marijuana, mixed with the stench of dirty diapers, according to a Tucson Police Department investigative report.

Gastelum, 27, said he was home alone with his four children when he put his daughter, 2-year-old Kamia Baptisto, in the bathtub before discovering her minutes later submerged up to her cheeks in water.

A captain with the Tucson Fire Department told police that Gastelum gave 911 the wrong apartment address and when they located the right unit, they found Gastelum standing over the girl and talking on his phone, the report said.

At that time, he wasn\u2019t performing CPR on the child, but he told police he had done so until the paramedics arrived.

He yelled at paramedics while they tried to work on Kamia, then he tried to leave the scene with the other children. Firefighters parked a fire truck behind his car to keep him from leaving, the report says.

Doctors at Banner-University Medical Center were able to restart Kamia\u2019s heart, but told detectives that she had suffered \u201cnon-accidental trauma\u201d injuries, according to the police report.

Further tests revealed she had a depressed skull fracture, intracranial bleeding and was brain-dead, the report said. She had bruises on her forehead and one side of her body, and drug tests revealed there was marijuana in her system.

Kamia never regained consciousness and died a week later.

Charged with murder

Gastelum was arrested Dec. 12 on charges of child abuse, but a first-degree murder charge was added Dec. 20, as Kamia\u2019s death was found to be caused by abusive head trauma, according to the indictment.

He\u2019s still in the Pima County jail on a $100,000 bond.

While police searched the one-bedroom apartment Gastelum shared with his girlfriend and their four children, he told officers he had a medical marijuana card. Receipts from marijuana dispensaries were found in the trash and police found drug paraphernalia in his car. The bathroom where paramedics found Kamia had the scent of burnt marijuana, the report said.

The only piece of furniture was an inflatable mattress and officers found a reddish orange stain near the bedroom door that appeared to be vomit.

Gastelum\u2019s speech was slurred and his eyes bloodshot when he spoke to police, telling them he had given all the kids \u201cnighttime\u201d medicine because they had a cough.

The interviewing officer noted that while he was in Gastelum\u2019s home, he never heard them cough, the report said.

When police spoke to Kamia\u2019s mother at the hospital, she told them all four kids had visited her at work before the incident and she had been trying to contact Gastelum to pick her up. When he finally answered the phone, he only told her something had happened then abruptly hung up. It wasn\u2019t until she returned home that she learned what had happened to Kamia.

Gastelum pleaded not-guilty to all charges and has a case management hearing in Pima County Superior Court on March 27.

The Arizona Department of Child Safety had no prior reports on Gastelum or Kamia\u2019s mother, according to a Jan. 25 case report.

"}, {"id":"6d81da4a-5778-5c63-b7f0-6e9a9346547e","type":"article","starttime":"1486657800","starttime_iso8601":"2017-02-09T09:30:00-07:00","lastupdated":"1487816825","priority":35,"sections":[{"travel":"travel"},{"business":"business"}],"application":"editorial","title":"Flight canceled because of ill pilot reveals complications of using frequent flier miles","url":"http://tucson.com/travel/article_6d81da4a-5778-5c63-b7f0-6e9a9346547e.html","permalink":"http://tucson.com/travel/flight-canceled-because-of-ill-pilot-reveals-complications-of-using/article_6d81da4a-5778-5c63-b7f0-6e9a9346547e.html","canonical":"http://tucson.com/travel/flight-canceled-because-of-ill-pilot-reveals-complications-of-using/article_6d81da4a-5778-5c63-b7f0-6e9a9346547e.html","relatedAssetCounts":{"article":0,"audio":0,"image":0,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"By Christopher Elliott\nThe Travel Troubleshooter","prologue":"When Mark Schlangel's flight is canceled, his airline refuses to rebook him on the next available flight, and he's forced to buy a new ticket. Is he entitled to a refund?","supportsComments":true,"commentCount":0,"keywords":["travel","frequent flier miles"],"internalKeywords":["#watchdog","#latest"],"customProperties":{"arm_id":"73608"},"presentation":"","revision":14,"commentID":"6d81da4a-5778-5c63-b7f0-6e9a9346547e","body":"

Q: My friend and I used our frequent-flier miles to book a flight on American Airlines\u2019 partner airline LATAM Airlines Group S.A. from Buenos Aires to Ushuaia, Argentina. That flight, the only one of the day, was canceled due to pilot illness.

Both LATAM and American refused to rebook us on another flight, each claiming that it was the other\u2019s responsibility. Since we were out of the country with limited resources and time, and given that we had to reach our destination that day to make a cruise departure, we were forced to buy out-of-pocket last-minute tickets on a different airline, and we needed to address the issue of compensation when we returned.

Now that that time has come, both airlines are still refusing culpability, leaving us with the bill. Please help us navigate this mess of deniability. \u2014 Mark Schlangel, Miami Beach, Florida

A: Ah, two of my favorite topics \u2014 loyalty programs and codesharing. Where to begin?

Maybe here: LATAM should have found another pilot and gotten you to your destination, as promised. Kind of goes without saying. But after that, this case gets a little murky.

Your airline\u2019s contract of carriage \u2014 the legal agreement between you and the airline \u2014 doesn\u2019t guarantee an arrival time. In other words, LATAM wasn\u2019t contractually obligated to get you to your destination in time for your cruise. But I think there was an understanding, based on the published flight schedule, that it would fly you there on time, or at least on the same day. And that didn\u2019t happen.

There are two complicating factors. First, the fact that you used your frequent-flier miles for these flights. Airlines generally assign little or no value to your award seats. The seats would fly empty if a loyal frequent flier didn\u2019t claim them, and for internal accounting purposes, the airline considers a \u201cmile\u201d to be worth a penny or less, give or take.

So when a flight gets canceled, you can understand how an airline might be r eluctant to put you and your friend in a revenue seat.

LATAM should have, and probably would have, flown you to your destination the next day, even if reluctantly. But that brings us to problem number two: the codesharing. You redeemed your miles on a partner airline, meaning that you are not a LATAM frequent flier, but American\u2019s \u201cproblem.\u201d

Codesharing can be a real mess, at least for passengers. It allows airlines to collude instead of compete in the marketplace, and it lets them play \u201cpass the buck\u201d with a case like yours. Your entreaties to LATAM and American were brushed off.

This could have been avoided by giving yourself more time to get to your cruise or by booking a flight on an airline that flew to your destination more than once a day. But really, it shouldn\u2019t have been an issue at all \u2014 the original flight should have taken off on time.

An appeal to a customer-service executive at one of the airlines might have helped. I list the names and numbers for the executives of American Airlines ( elliott.org/company-contacts/american-airlines) and LATAM (elliott.org/company-contacts/latam-airlines) on my consumer-advocacy site.

With the assistance of the advocates on my help forum (forum.elliott.org), you found the right people at both airlines. And the resolution to your case is one of the most interesting ones in a while. American refunded your miles for the ticket and added 10,000 bonus miles \u201cfor the inconvenience.\u201d

Your friend tweeted LATAM and included a video of the passengers on your flight \u201crioting\u201d (your words). LATAM agreed to refund half of your expenses.

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The Pima County Sheriff Department\u2019s former second-in-command will change his plea in the federal money laundering and theft case against him, court records show.

Christopher Radtke was indicted last September on one count of conspiracy to launder money and six counts of theft concerning programs receiving federal funds, after allegedly misusing money that was meant to be used for crime fighting and prevention purposes, according to U.S. District Court records.

Radtke will enter his change of plea and be sentenced at 10:30 a.m. Friday in U.S. Magistrate Judge Eric Markovich\u2019s courtroom, records show.

Radtke resigned as chief deputy Oct. 13, nearly two weeks after his indictment on charges of embezzling at least $500,000 of forfeiture money from the sheriff\u2019s auxiliary volunteers fund between 2011 and 2016, according to court records.

He was indicted after a months-long FBI investigation, which began in November 2015, after the Star reported that his niece, Nikki Thompson, took over a cafe inside the sheriff\u2019s headquarters in 2011.

Thompson was operating cafes inside headquarters and the Pima County Adult Detention Center without a county contract, and the department spent more than $30,000 in renovations and improvement to the locations, the Star reported in November 2015.

The indictment lists multiple allegations of conspiracy, several relating to cafe purchases, including nearly $2,000 for custom-designed chalkboards that were used as menu boards in Thompson\u2019s two cafe locations.

Other allegations of misuse include restaurant bills, materials for a Santa sleigh for the department\u2019s awards banquet, and two model airplanes with rush shipping, according to the document.

On Jan. 4, Radtke filed a motion of his intent to use a \u201cpublic authority defense,\u201d saying that he was acting on behalf of the department when the alleged crimes occurred.

A public authority defense means the defendant knowingly committed a crime, but did so \u201cin reasonable reliance upon a grant of authority from a government official to engage in illegal activity,\u201d according to the U.S. Department of Justice website.

The indictment lists a conspiracy charge and mentions other persons \u201cknown and unknown to the Grand Jury,\u201d but as of Tuesday no one else had been charged.

Sean Chapman, Radtke\u2019s attorney, could not be reached for comment.

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The Pima County Sheriff Department's former second-in-command has entered a change of plea in the federal money laundering and theft case against him, court records show.

Christopher Radtke was indicted last September on one count of conspiracy to launder money and six counts of theft concerning programs receiving federal funds, after allegedly misusing money that was\u00a0meant to be used for crime fighting and prevention purposes, according to U.S. District Court records.

Radtke will enter his change of plea and be sentenced Friday at 10:30 a.m. in federal Judge Eric Markovich's courtroom, records show.

Radtke resigned as Chief Deputy nearly two weeks after his indictment for allegedly embezzling at least $500,000 of forfeiture money from the Sheriff\u2019s Auxiliary Volunteers fund between\u00a02011 and 2016, according to court records.

Public records previously obtained by the Star showed that between January 2010 and October 2015, the Sheriff\u2019s Department transferred nearly $720,000 in forfeiture funds into the auxiliary volunteers fund.

Radtke was indicted after a months-long FBI investigation, which began after the Star reported that his niece, Nikki Thompson, took over a cafe inside the Sheriff\u2019s Department\u2019s headquarters in 2011.

Thompson was operating cafes inside headquarters and the Pima County Adult Detention Center without a county contract, and the department spent more than $30,000 in renovations and improvement to the locations, the Star reported in November 2015.

The indictment includes multiple allegations of conspiracy, several relating to cafe purchases, including nearly $2,000 for custom-designed chalkboards that were used as menu boards in Thompson\u2019s two cafe locations.

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Sometime in the not-so-distant future, a somewhat novel election will take place in Pima County: A single ballot will be cast, and it will authorize the eventual issuance of up to $45 million in public debt.

That debt, which will be controlled by the Board of Supervisors, will pay for infrastructure in a large residential development over the next 15 years.

The vote will take place in the recently formed Rocking K Community Facilities District, which overlays the roughly 2,000-acre residential and commercial development Rocking K South near East Old Spanish Trail and South Camino Loma Alta.

As certified by the county, there aren\u2019t any registered voters living in the district, and home closings aren\u2019t expected to begin until 2019, according to the district application submitted by the developer, an affiliate of Diamond Ventures Inc. In the absence of residents, state law allows for landowners to vote in such elections.

\u201cIt\u2019s going to be a landslide,\u201d County Administrator Chuck Huckelberry quipped.

So, what exactly is a Community Facilities District and why is a transportation columnist writing about it?

A CFD is a special taxing district first authorized by the Legislature in 1988; counties got the ability to form them in the mid-2000s. Funded by property taxes assessed on district landowners, CFDs are intended to provide the means to build basic infrastructure like sewer mains, parks and \u2014 to answer the second question \u2014 arterial and collector roads. CFDs have also generated concerns and criticism .

With Rocking K, which is the first county-formed CFD, around $15 million of the nearly $40 million of district-funded improvements planned over the next 15 years will go toward roadway infrastructure. Some developers say the traditional sources of private financing for master-planned community infrastructure have dried up in the wake of the Great Recession, leaving few options to move projects forward.

\u201cWith the recession, virtually any kind of institutional, big bank financing has dried up,\u201d said Dean Wingert, head of the Crown West Land Group, whose development Gladden Farms in Marana is one of just a handful in the county with a CFD. Wingert clarified that developers still have to pay for infrastructure upfront, and are only reimbursed by the CFD after it has been inspected and accepted, as is the case with Rocking K.

Priscilla Storm, Diamond Ventures vice president, said, \u201cArizona\u2019s use of CFDs make us more competitive at attracting investment and growing our economy.\u201d

In its 2015 comprehensive plan Pima Prospers, the county includes CFDs in a list of \u201cfunding options which should be fully utilized when expecting new development to pay for the cost of growth.\u201d

\u201cFunding options for roadway improvements, maintenance and repair are very limited,\u201d Huckelberry noted in his recommendation that the board approve Rocking K, which it did 5-0 on Jan. 17. Storm agreed, saying the state \u201cfaces an infrastructure financing shortfall.\u201d

Huckelberry later told the Road Runner the county\u2019s rising \u2014 but qualified \u2014 regard for CFDs stems from \u201cthe frank realization that transportation finance and funding for any infrastructure in the state is poorly funded today, and the likelihood that it will be funded in the future is not very good.\u201d Beyond funding road construction, CFDs also include a separate tax to fund maintenance in perpetuity, relieving the county of the financial burden of caring for roads once they\u2019re completed.

\u201cIt\u2019s one of those last resorts,\u201d he said of the county\u2019s less-than-enthusiastic embrace of CFDs, adding later he would prefer \u201cthat they not exist.\u201d

That lukewarm attitude is due to the fact that CFDs mean higher property taxes for district residents (Rocking K homeowners will likely pay between $2.30 and $2.80 more for every $100 of assessed value) and few \u2014 if any \u2014 eventual residents participate in the creation or initial debt authorization, which Huckelberry chalked up to the rules the Legislature set. Storm said there\u2019s nothing unusual about that latter feature of CFDs, which is unavoidable when the undeveloped land has just one owner, as is the case with Rocking K South.

Kevin McCarthy, president of the Arizona Tax Research Association, which opposed the creation of CFDs, shared some additional concerns .

Because CFD residents also pay property tax to all other overlying taxing districts, and the roadways the district pays for are public and sometimes extend beyond the development itself, there is the possibility of what McCarthy called \u201cdouble taxation.\u201d

He also said the assumption that upfront home costs in CFDs would be lower, due to the fact the developer doesn\u2019t have to incorporate infrastructure costs into the price, is not necessarily true.

With county-created CFDs specifically there are additional risks, according to McCarthy, including the encouragement of leapfrog development .

Huckelberry took issue with McCarthy\u2019s \u201cdouble taxation\u201d claim, saying that CFD residents get an \u201cenhanced service.\u201d He also said leapfrog development existed long before counties could form CFDs.

The county has put in place a number of policies to guard against potential pitfalls. For one, the supervisors will serve as the governing board to help \u201cmaintain control of tax levies and issuing debt.\u201d It will be up to the board to determine the \u201camount, timing and form of financing.\u201d

Developers are also legally required to advise would-be buyers of the CFD\u2019s financial implications.


Starting early Monday, Drachman Street will be closed from Stone Avenue east to Seventh Avenue to allow for reconstruction. The stretch is expected to reopen by Feb. 27, though weather could affect the schedule.

Contact: mwoodhouse@tucson.com or 573-4235. On Twitter: @murphywoodhouse

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University of Arizona facilities need about $350 million in deferred maintenance, and without significant investment that cost could balloon to more than $1 billion in the next decade, school officials said.

A plan in Gov. Doug Ducey\u2019s proposed state budget could result in the university being able to use some sales-tax revenue to put a dent in the long list of needed capital improvements.

The university\u2019s chief financial officer, in a presentation to the Arizona Board of Regents, called the disrepair a \u201cticking time bomb,\u201d saying it\u2019s just a matter of time until the lack of timely repairs and maintenance creates an emergency situation.

It already has caused some significant problems.

The UA had to repair collapsed concrete on a road near the Student Union while students and faculty were on winter break. In another instance, an electrical fire and loss of power last July at Banner-University Medical Center forced the hospital to evacuate some patients for 24 hours while repairs were made.

UA officials analyzed all facilities and identified seven buildings on the main campus as being outdated and in need of the most repairs. They are: Forbes, Steward Observatory, Biological Sciences East and West, Harshbarger, Shantz and the College of Medicine.

Another building, Old Chemistry, built in 1936, which overlooks the UA Mall from the south, is on the list for demolition. Everything, save for its historic facade, has to go, but there aren\u2019t any immediate plans to replace the building.

An anthropology professor called his classroom inside Old Chem \u201cdepressing,\u201d saying he hears strange noises every now and then. \u201cIt\u2019s not a great educational environment,\u201d said Matthew Rowe, the professor. But he didn\u2019t know it was so bad it had to be demolished.

The buildings and their infrastructures have lived, and are living, long past their life spans, said Chris Kopach, assistant vice president of facilities management. Most of them were built before the 1970s. For instance, the Forbes building, where the agriculture department is based, was built in 1915, though it has had upgrades over the years.

Some of the signs of disrepair include cracked concrete, deteriorated insulation, duct leakage, antiquated cold rooms and inefficient lab exhausts. The electrical, mechanical and air-handler systems are 50 to 60 years old in the seven buildings, when the recommended life span would be about 25 years, he said.

It\u2019s not that those buildings are not safe to be in, Kopach said. \u201cAs far as the buildings being safe, they\u2019re all safe. This is no different than when you have a home and you have aging infrastructure and equipment.\u201d

The disrepair that poses immediate risk of fire or to safety are addressed quickly, he said. Most of the deferred maintenance is what goes on underneath the layers the public can see, with more than half of it having to do with old heating and cooling systems.

However, there are health issues associated with the systems\u2019 disrepair in buildings.

A UA presentation, as part of its strategic plan, includes a brief on indoor health issues related to deferred maintenance, which says that \u201clong-term effects of temperature, humidity, pressure, noise, vibration, particulates and airborne contaminants may have direct and indirect consequences on individual health.\u201d

Parts of the governor\u2019s proposed budget may allow for additional capital funding for the state\u2019s three public universities to deal with matters such as deferred maintenance and also to invest in newer buildings for research.

But until the budget makes its way through the Legislature, it\u2019s business as usual for the UA: focusing on emergency repairs and preventive measures.

Underground system

Beneath the campus lies a utility tunnel system of more than 6\u00bd miles that supplies water, steam and more to buildings . The steam that\u2019s used to heat the classrooms during cold weather? That comes through those underground pipes.

Rick Lower, a facilities superintendent, is one of three employees tasked with traveling through the vast tunnel system daily to make sure everything is working, though a lot of monitoring is done remotely through electronic systems.

Late last year, Lower discovered the concrete on James E. Rogers Way, a narrow one-way road just south of Second Street that connects east and west sides of the campus, had collapsed on top of the tunnel.

Water had infiltrated the concrete over the years, rusting and stretching the rebar that separated the concrete, Lower said. There\u2019s also heavy pedestrian and vehicle traffic in the area.

While students and faculty were away on Christmas break, the facilities management team removed the collapsed concrete, formed a new lid, installed rebar, waterproofed the structure and refilled the concrete in 2\u00bd weeks. That ended up being a costly repair \u2014 about $300,000.

There are other parts of the tunnel that need maintenance. There\u2019s concrete falling from heavy traffic in several corridors. \u201cWe handle it on an emergency basis,\u201d Kopach said. When there\u2019s more than $300 million worth of maintenance needing to be done, that\u2019s often how it works.

A UA-developed technique is actually helping the university address some of the tunnel issues. Mo Ehsani, a structural engineering professor in the civil engineering department, developed the \u201cQuake Wrap\u201d method, which uses fiber-reinforced polymer to strengthen the structures.

As far as outdated equipment, the facilities management team has done a remarkable job of keeping systems more than 50 years old running, Kopach said. Some of the electrical equipment housed underneath the Arizona State Museum might as well be in the museum because it\u2019s so old, he said.

In the electrical outage at Banner-UMC last July, the problem was caused by an old electrical system owned by the UA. In fact, it was so old that parts for it had to be bought on eBay, as 1960s high-voltage fuses it needed were no longer being commercially manufactured.

Hopes raised

Gregg Goldman, the UA\u2019s CFO and senior vice president of business affairs, said he was excited to hear the governor\u2019s budget included a sales-tax recapture plan to make capital funding available to the universities.

\u201cI think this is an amazing step in the right direction to solve two problems,\u201d he said. \u201cOne, research infrastructure and new buildings are critical to fund, to be able to attract and retain our top faculty, which helps our contracts and grants and helps us find the next new big thing. It also helps us recognize the older buildings.\u201d

Essentially, what it does is allow universities to take back the sales tax they pay, which would then be matched by each of the three universities and gives them bonding authority. For the UA, the sales-tax recapture program could lead to more than $400 million in bonding capacity.

While no decisions have been made about what to prioritize, if the sales-tax plan is approved, Goldman said about $225 million could go toward the $350 million deferred-maintenance problem.

\u201cRenewal is cumulative,\u201d he said. \u201cIf we can change the dialogue and change the equation, where now we\u2019re taking $225 million and putting it toward this problem, it\u2019s not going to compound up to a billion.\u201d

Goldman said the university must focus on both building new infrastructure and fixing old infrastructure. Part of that is recognizing the historical significance of some of the buildings, but also recognizing the need to grow the university enterprise.

If the sales-tax plan is not approved as part of the state budget, the need to solve the deferred-maintenance issue doesn\u2019t diminish, he said. \u201cIt just means we need to find other ways to connect the dots to make it happen.\u201d

"}, {"id":"18220648-e8ab-11e6-89da-6b2d44f8afc0","type":"article","starttime":"1485984600","starttime_iso8601":"2017-02-01T14:30:00-07:00","lastupdated":"1486596852","priority":30,"sections":[{"watchdog":"news/local/watchdog"},{"football":"sports/arizonawildcats/football"}],"flags":{"watchdog":"true"},"application":"editorial","title":"Trial date set for former Arizona Wildcats running back Orlando Bradford","url":"http://tucson.com/news/local/watchdog/article_18220648-e8ab-11e6-89da-6b2d44f8afc0.html","permalink":"http://tucson.com/news/local/watchdog/trial-date-set-for-former-arizona-wildcats-running-back-orlando/article_18220648-e8ab-11e6-89da-6b2d44f8afc0.html","canonical":"http://tucson.com/news/local/watchdog/trial-date-set-for-former-arizona-wildcats-running-back-orlando/article_18220648-e8ab-11e6-89da-6b2d44f8afc0.html","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"Caitlin Schmidt\nArizona Daily Star","prologue":"Bradford was arrested in September on multiple domestic violence-related felonies.","supportsComments":false,"keywords":[],"internalKeywords":["#latest","#watchdog"],"customProperties":{},"presentation":"","images":[{"id":"7895f257-552f-5e3d-a95e-a6a88ff7a361","description":"Orlando Bradford","byline":"Courtesy Tucson Police Department","hireswidth":null,"hiresheight":null,"hiresurl":null,"presentation":"","versions":{"full":{"type":"image/jpeg","width":"480","height":"600","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/7/89/7895f257-552f-5e3d-a95e-a6a88ff7a361/57db39044fbbb.image.jpg?resize=480%2C600"},"100": {"type":"image/jpeg","width":"100","height":"56","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/7/89/7895f257-552f-5e3d-a95e-a6a88ff7a361/57db39044fbbb.image.jpg?crop=480%2C270%2C0%2C201&resize=100%2C56&order=crop%2Cresize"},"300": {"type":"image/jpeg","width":"300","height":"169","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/7/89/7895f257-552f-5e3d-a95e-a6a88ff7a361/57db39044fbbb.image.jpg?crop=480%2C270%2C0%2C201&resize=300%2C169&order=crop%2Cresize"},"1024":{"type":"image/jpeg","width":"1024","height":"576","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/7/89/7895f257-552f-5e3d-a95e-a6a88ff7a361/57db39044fbbb.image.jpg?crop=480%2C270%2C0%2C201"}}}],"revision":19,"commentID":"18220648-e8ab-11e6-89da-6b2d44f8afc0","body":"

A trial date has been set for the case against former Arizona Wildcats running back Orlando Bradford, who was arrested in September on multiple domestic-violence related felonies, court records show.

Bradford's jury trial is set to begin in Pima County Superior Court on Aug. 1, where he's is facing 10 felonies and five misdemeanor charges in connection, court records show.

On Sept. 14, Bradford was arrested after a woman said that he struck her multiple times during the previous two nights, when the pair argued first about a scratch on his car and later over her reluctance to eat a Frosty that he'd bought her, according to a Tucson Police Department's incident report.

The victim in the first case, a fellow UA student, called her mother after the second incident, who urged her to call police. Bradford was taken into custody in connection with seven felony counts of domestic violence.

On Sept. 15, after hearing about Bradford's arrest, a second woman came forward, telling police that she had also been abused by Bradford while involved in a previous relationship with him, police reports show.

The woman told police that she dated Bradford between January and early September, during which he strangled her several times. The woman had taken photographs of the injuries, and police re-booked Bradford on four additional domestic violence charges, according to the police report.

Bradford is facing seven felony charges of aggravated assault, three felony charges of domestic violence-related kidnapping and five misdemeanor assault charges, according to superior court records.

The Wildcats dismissed Bradford the day of his arrest.

After he posted bail in October, Bradford filed a motion with the court to allow him to move back to Texas and stay with his aunt while awaiting trial, where he's been for the past several months.

Last week, Bradford petitioned the court for permission to live in Shreveport, Louisiana, with his mother, as well as Costa Mesa, California, so that he can start attending a junior college, according to court records.

If Superior Court Judge Teresa Godoy accepts the motion during a Feb. 7 hearing, Bradford will return to Tucson for the trial and any other necessary court dates, the motion says.

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A Tucson group foster home worker has been arrested on federal charges of distributing child pornography, records show.

Taylor Ray Freeman, 27, was booked into the Pima County jail on Jan. 10 and spent less than 24 hours in custody before being extradited by federal authorities to an undisclosed location, said Deputy Cody Gress, a Pima County Sheriff\u2019s Department spokesman.

In a Dec. 27 online chat, Freeman, using the screen name \u201cAMERICANPSYCHO06,\u201d told an undercover police officer in Australia that he had a \u201csexual interest in children,\u201d and said he had \u201cnaughty\u201d pictures to trade, according to a complaint filed in federal court here.

Freeman emailed the officer a photo of an underage girl on a bed with her genitalia exposed, and made obscene comments about what he\u2019d like to do to her, the complaint shows.

Agents with Homeland Security Investigations tracked the email to his computer and on Jan. 10 a federal warrant was served at his home. Agents seized a smart phone, an internal hard drive, revealing photos and videos depicting child pornography, according to the complaint. It said Freeman told investigators he used his email address to send and receive pornography.

Freeman was arrested by the sheriff\u2019s department that day and held in jail until he could be transferred to federal custody, Gress said.

On Jan. 11, U.S. Magistrate Judge Bernardo P. Velasco signed a detention order, saying Freeman would remain in federal detention until his trial. Velasco accepted the recommendation of Pretrial Services, which said there was a \u201cserious risk\u201d Freeman wouldn\u2019t appear at trial, the order shows.

Arizona Department of Child Safety records show Freeman was hired in 2013 by local nonprofit TMM Family Services, which provides social services outreach. TMM\u2019s executive director, Donald Strauch, did not immediately respond to the Star\u2019s inquiry as to whether Freeman had contact with children.

TMM provides shelter services for up to 38 children ages 3 to 17, according to an Arizona Department of Economic Security license issued in 2011.

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Fifty-one Tucson bars, restaurants and markets were fined a collective $45,000 in 2016 for liquor law violations, state records show.

The majority of the violations and a large portion of the money collected in 2016 came from smaller fines for taxes, lack of knowledge of liquor laws, no manager agreement on file and employees who hadn\u2019t taken the required alcohol training course, according to Arizona Department of Liquor Licenses and Control records.

However, a number of locations were fined thousands of dollars for violations such as serious acts of violence on the premises and failure to protect patrons, and several locations were flagged for not reporting assaults, records show.

The largest fine came from Maloney\u2019s Tavern, 213 N. Fourth Ave., which the Star reported last July was fined $8,000 for failure to protect patrons, serious act of violence and an employee drunk on duty.

Rocky Point Drive Thru liquor store, 2526 W. Valencia Road, was fined $5,000 in May for selling liquor to an intoxicated man who was struck by a car 20 minutes after he left the store, according to the records.

During the liquor board and Pima County Sheriff Department\u2019s investigation, one of the store employees who was working during the incident said that when the customer came in, he smelled of alcohol and was clearly drunk.

The woman also told investigators she would not have sold alcohol to the man, but she was handling another customer and her co-worker made the sale, records show.

The store was also cited for failure to protect the safety of patrons. The Star reached out to Rocky Point for a comment, but an owner or manager wasn\u2019t available.

The Star previously reported that O\u2019Malleys Bar and Grill, 247 N. Fourth Ave., was fined $1,625 for failing to report two assaults and having an employee drunk on duty.

Earlier this year, the Star also reported downtown nightclub Hi Fi Kitchen and Cocktails, 345 E. Congress St., was fined $1,500 for repeated acts of violence, which the liquor department defines as two or more incidents in a seven-day period or three within 30 days, the database shows.

Hi Fi manager C.J. Urban said at the time there were issues with fights outside of the building after the bar first opened, but that they report all incidents to the police or the liquor board.

In addition to the fine, Hi Fi was also required to submit a comprehensive security plan to the board and submit proof that all employees had attended liquor-law training, records show.

Another downtown nightclub, Zen, 125 E. Congress St., was fined $2,000 after the liquor board received a tip that employees were taking bribes to allow minors inside.

During a detail with Tucson police, two underage buyers paid the doorman $40 to get in and were able to buy beers, which they handed to an undercover police officer. The doorman and the bartender were criminally cited for failing to get IDs and selling alcohol to minors.

Zen's liquor license holder, Kevin Kramber, declined to comment on the situation.

Prince Market, 952 W. Prince Road, was also fined a hefty amount for selling to minors, paying $5,000 for two separate incidents, and Tony\u2019s Liquors, 4717 S. 12th Ave., was fined $3,000.

Ten\u2019s Nightclub, 5120 E. Speedway, was cited for failure to report an act of violence , after a female employee was assaulted in the bathroom by another woman.

The manager told the employee that because of her injury, she needed to leave the club, but he didn\u2019t call for medical attention. The employee went to the hospital and hospital staff called the police due to the type of injury and where she worked, records show.

Investigators found no record that Ten\u2019s contacted police, violating a mandatory liquor board law. The amount of the fine was unclear from liquor board records.

Several other locations fined lesser amounts for selling to minors include:

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Putting a work requirement and five-year lifetime limit on people receiving Medicaid will deny health care to some of Arizona\u2019s poorest residents, a Tucson crowd told state officials Friday morning.

The proposals were rejected by the federal government once, but Arizona is resubmitting them and seeking public input. Medicaid is a government insurance program for low-income people.

\u201cThere\u2019s never been a waiver (change to Medicaid rules) like this approved in the country ever,\u201d said Beth Kohler, deputy director of Arizona\u2019s Medicaid program, which is called the Arizona Health Care Cost Containment System (AHCCCS). \u201cBut we do have a new administration\u201d under President Trump, she noted.

Kohler stopped her presentation several times because of questions from audience members, some of them AHCCCS enrollees. A few were scared, others confused.

Critics said several populations of adults could be shut out of health care under the proposed changes, including those who are caregivers for disabled children or elderly relatives; people with felony convictions who have trouble finding jobs; and people living in rural areas. People with disabilities, including mental illness, are not explicitly exempt, several attendees noted.

Cost shift

About 90 people attended the public hearing on the proposed changes, held Friday at Banner-University Medical Center South, and their reaction was overwhelmingly negative. AHCCCS officials hosted the two-hour hearing.

Kicking people off of Medicaid because of the five-year lifetime limit or work requirement will result in more uninsured people seeking care in emergency departments, many said.

\u201cWhat is being spelled out here is an absolute evisceration of certain communities,\u201d said Michelle Crow, Southern Arizona director of the Children\u2019s Action Alliance.

\u201cI think people think of this as targeting individuals, but it really targets communities. Get public comment from Morenci, Douglas, Yuma. ... It\u2019s not going to be a cost savings. It\u2019s a cost shift,\u201d she said.

SB 1092

The proposed changes were spelled out in a state law \u2014 Senate Bill 1092 \u2014 approved in 2015. The intent of the law was to move able-bodied Arizonans off of taxpayer-funded health care.

Among the law\u2019s provisions is putting a five-year limit on enrollment for able-bodied Arizonans with certain exceptions (including having a job), and also imposing a requirement that able-bodied people enrolled in AHCCCS be employed, looking for work, in school or in job training.

Under terms of the state law, Arizona must reapply to the federal Centers for Medicare and Medicaid Services to make the changes by March 30. The changes in SB 1092 can\u2019t take effect without federal approval.

SB 1092 also:

One of the biggest quibbles that the Tucson audience had with the proposals is the term \u201cable-bodied.\u201d

\u201cAble-bodied\u201d is broadly defined as anyone over age 19 who is mentally and physically capable of working. There are some exceptions, including anyone over 19 who is still in high school; sole caregivers of children under the age of 6; and anyone receiving long-term disability.

But those who spoke at the forum felt there were too many categories of people who were not exempted and could be unfairly affected by the restrictions, including people with chronic illness and behavioral health problems.

\u201cGreater barriers\u201d

Crow and others said the changes are shortsighted and do not take into account the reasons that people might be on Medicaid.

\u201cIt will result in a loss of coverage with little or no gain in long-term employment,\u201d said Judy Keagy, a volunteer with the Pima County Interfaith Civic Education Organization.

\u201cThe impact amounts to greater barriers, and they have not adequately identified really legitimate exemptions,\u201d she said.

Keagy said there are diseases such as lupus and multiple sclerosis that wax and wane, leading people to be able to work at times, while at other times they cannot. Often those people have jobs, but they are unable to work full time.

\u201cThere is a whole culture of trying to reduce costs in ways that are cruel to people,\u201d said Suzanne Mongelli, 23, a recent graduate of the University of Arizona.

Mongelli has chronic pain and has been on AHCCCS for three years.

She attended the forum to speak out against the proposed changes, which she considers immoral, she said.

\u201cPeople with chronic illnesses might be labeled able-bodied,\u201d she said.

25% of Arizonans

AHCCCS is a $12 billion program that currently enrolls more than a quarter of Arizona\u2019s population, or 1.9 million people, including 288,912 residents of Pima County, the agency\u2019s January enrollment numbers show.

The current potentially affected population with enrollment of more than five years is about 242,000 people, an AHCCCS analysis found. That number could be inaccurate because AHCCCS does not collect some data that could affect the total, including the number of enrollees who are employed full time.

In 2016 the federal government rejected SB 1092\u2019s lifetime limit and work requirement proposals on the grounds that those requests could undermine access to care. But the state legislation says AHCCCS must reapply by March 30 each year for proposals in SB 1092 that have not been approved or are not in effect.

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