The following is the opinion and analysis of the writer:
Steven Davis
On April 6, I was assaulted by an ICE agent while observing and recording interactions between ICE agents and bystanders in South Tucson. I was not obstructing and obeyed all commands. I had been observing for a few minutes when another agent arrived, masked, with a canister of Phantom MK-9 Sabre Pepper Spray, which “revolutionizes handling high-risk scenarios involving combative and aggressive subjects.” He was not wearing anything identifying himself as an ICE agent.
As he approached, I reminded him that I had the legal right to observe and record. He passed by, thought better, circled back, then blasted me in the face from a distance of six inches. I collapsed to the ground, unable to see, barely able to breathe.
Two days later, I went to the South Tucson PD to report the assault. The Chief of Police refused to take my report. He said that because the assailant was a federal agent, they would not investigate.
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I submitted reports to the FBI, DHS, the Pima County Attorney, and the Arizona Attorney General. I knew that the FBI and DHS would not respond. But I was curious about what Laura Connover and Kris Mayes would do. After all, Conover had written in January, “As your county attorney, I am here to do everything possible to protect your rights to peacefully organize, educate, and record.” I never heard from Conover or anyone in her office. They told my attorney that they would not act unless South Tucson acted.
But maybe Attorney General Kris Mayes would act. In January, Mayes set up an online portal and encouraged Arizonans to report precisely the kind of illegal actions that had been directed against me. She even told a campaign donor that she knew of my situation, was appalled by what happened to me, and would direct her staff to take action. I filed my report and waited. My attorney reached out. I resubmitted my report. Finally, someone from the AG’s office called me, and I gave the report again, orally, to her. That was three months ago. I emailed the lead investigator weekly. My lawyer reached out repeatedly. No response. I’ve been ghosted.
The message is clear — local, county, and state law enforcement officials will not defend us if we are assaulted by federal agents. They won’t even undertake a meaningful investigation. We, the citizens of Pima County, are on our own and without protection. I feared this would happen four months ago, but still tried to do what would have been the right thing in the America I grew up in. But that America doesn’t exist anymore. In Arizona now, a citizen exercising their constitutional rights can be attacked by federal agents with impunity.
It’s been five months since my assault. I haven’t stopped exercising my constitutional right to observe and record. But if Kris Mayes, Laura Conover, and local law enforcement won’t protect us, do we need to take steps to defend ourselves against assault by unaccountable federal agents?
Fortunately, there are many others in Tucson like me, and in other towns in Arizona. We are organized, well-informed, unafraid, and stubborn in resisting the authoritarian tide. We hope that someday, before it is too late, our elected officials will find the courage to match their actions to their words.
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Steven Davis is a volunteer with Tucson Rapid Response. He’s retired from the University of Arizona, and lives on the South Side.
