The mayor of Prescott Valley told others he wanted to meet two of his online critics before he got into a physical altercation with one of them at a local bar, according to interviews and police records obtained by The Arizona Republic.
An investigator pressed Kell Palguta on the possibility that the Aug. 17 incident at the Bird Cage Saloon in Prescott was not an accidental run-in, but part of a plan to confront a husband and wife who left negative comments about him and a friend on Facebook.
The officer asked Palguta why he recently told a friend he wanted to meet the couple, why he sat down next to one of them at the bar, and why, during a brief tussle over a barstool, he pulled the other man's hand as if he was "effecting an arrest."
Palguta denied he was trying to start a fight. He told police he sat there simply because it was an open seat, and he was trying to get the other man away from him.
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He told the officer he couldn't remember exactly what was said before things got physical.
"Kell stated Robin and Scott were 'chirping' and he would 'chirp back a little,'" the officer wrote.
Police say Prescott Valley Mayor Kell Palguta, 49, tried to pull a stool out of another man's arms during a disagreement at the Bird Cage Saloon in Prescott.
The police records revealed new details about the altercation involving Palguta, the third-term mayor of a rural Arizona town of about 50,000 people. Investigators treated Palguta as the sole instigator of the incident and dropped charges against two other people involved, records show.
Palguta, 49, has so far declined to discuss the matter in detail. He has not returned The Arizona Republic's requests for comment and, in an Aug. 20 social media post, said he wouldn't be addressing the charges publicly.
"There will be an appropriate time and place for the complete circumstances surrounding the incident to be addressed," he wrote on Facebook.
Damian Hartze, a friend of the mayor, told The Republic that he — not Palguta — initially sought out Scott Ellsworth and Robin Miller at the bar, after their social media comments made him uncomfortable. Palguta followed him into the establishment after a while, to check on how he was doing, he said.
"I felt bullied by these people," Hartze said in an interview. "It was time for a conversation."
Nicholas Caro, the bartender who broke up the fight, said he feels the incident has been blown out of proportion. The mayor was clearly trying to provoke the couple when he sat next to one of them and refused to give up his seat, he said.
But "they were antagonizing him right back," he told The Republic. "It was three adults acting like children."
Palguta was issued a criminal citation for misdemeanor assault and disorderly conduct.
Police also investigated Ellsworth and Miller for disorderly conduct, but those charges were dropped after review of the video footage, officers wrote. The couple did not return multiple requests for comment.
Mayor photographed online critic at the bar: Police
The Aug. 17 incident began when Palguta started taking photos of one of his online critics, police say.
Prescott police officers described the incident based on video footage they obtained from the Bird Cage Saloon. The Republic has also requested the footage.
Video shows Ellsworth and Miller were already at the bar when one of Palguta's friends arrived, followed by the mayor himself, police say. The footage shows Palguta sat down next to Miller while her husband was away from his seat, and took two flash photos of her while her back was still turned, police say.
Miller noticed the second flash, and put her hand up to block the camera, according to the police account.
Palguta later told police he took the photos because he saw Miller texting about him.
An argument ensued, and the mayor made a "knife hand" gesture and leaned in towards her, police say.
The altercation became physical after Miller's husband returned from the bathroom, police say. Ellsworth told an officer that the mayor called him a "keyboard warrior" and used profanity to insult his wife.
When Palguta stood up, Ellsworth tried to grab the barstool he had been sitting on, police say. Palguta resisted, putting his drink down to wrest the barstool from Ellsworth.
Based on their body language and the reactions of the other patrons and bartender, "it appears they are loud," an investigating officer wrote.
Caro, the bartender, described the tussle as a "tug-of-war" that was less than 10 seconds long.
Caro told police that the incident was "not even" as dramatic as typical bar drama at the Bird Cage, a popular music venue in Prescott. In an interview with The Republic, he praised Miller and Ellsworth's character and said they are some of his regulars. But he questioned the use of police resources for an incident when he didn't even have to kick anyone out of the bar.
"I think it's a waste of everyone's time and taxpayer money," he said.
Mayor's friend sought out the couple: 'I felt bullied'
Hartze, the mayor's friend, described the couple as "town bullies" and said he wanted to talk with them about their social media comments. Just a day or two before the run-in, Ellsworth claimed online to have seen Hartze in certain places around town, he said. It made him feel harassed.
Hartze found an opportunity that weekend when someone told him the couple frequents the Bird Cage Saloon. He told The Republic he saw them through the window of the bar, while he and the mayor were on their way to a barbecue joint across the street.
He told Palguta he was going to try to set things straight with Ellsworth. They had a cordial conversation, according to police and eyewitnesses.
"I just wanted to talk to him," Hartze said.
Palguta arrived soon after. Hartze said the mayor wasn't looking for a confrontation, either.
"He was just checking to make sure everything was OK," Hartze said.
Palguta has said little about the incident, beyond acknowledging the charges in a Facebook post.
"I want to specifically recognize and thank the Prescott Police Department for the professionalism they have demonstrated throughout this process. They have a job to do, and I respect that responsibility and the legal process that follows," he wrote.
"Because this is now an active legal matter, I will not debate the details through social media or the court of public opinion," he continued. "In the meantime, I will continue doing the job I was elected to do and remain focused on serving the residents of Prescott Valley."
