From Pima County Sheriff Mark Napier:
Prior to my taking office there was an extensive federal investigation into the misuse of RICO funds at the department. This resulted in a single person being indicted on several federal felonies. In February, Mr. Radtke pled guilty to federal misdemeanor violations and was sentenced to probation. During the sentencing, it was revealed that a criminal conspiracy existed at the department for nearly two decades with respect to the inappropriate use of RICO funds.
Some in the community and within my department feel that others may have culpability, and the sanction provided was inadequate given the scope and apparent vast nature of the offense. Since the sentencing, I have reviewed many RICO records and discussed this matter with the FBI on numerous occasions. The federal investigation reviewed the evidence from a federal law enforcement perspective. The present question is whether this investigation completely addressed all criminal conduct and bad actors from a state perspective. Further, what, if any, additional avenues could be appropriately explored to ensure public confidence in the resolution of the matter. This has been a laborious process and has involved a lot of deliberation.
After extensively conferring with the FBI, obtaining legal advice, and doing considerable research, it appears there may be another avenue available that could be explored. The Doctrine of Dual Sovereignty would allow for the review of this matter from a state perspective to determine whether state laws had been violated with respect to this conduct. This review would allow us to put to rest any additional speculation regarding dispensation of the matter and ensure public confidence in the Pima County Sheriff’s Department. Additionally, we could confidently declare that we exhausted every avenue available to us.
I have requested the Pima County Attorney’s Office to initiate a review of the evidence to determine whether any state laws have been violated. It is possible they will recuse themselves. In that event, I requested the matter be brought to the Arizona Attorney General for review. The FBI has assured me they will fully cooperate with any state level review and concur with this course of action.
The Pima County Sheriff’s Department has a proud and distinguished 152-year record of service to our county. It is important that we put this matter behind us in the most appropriate and professional manner possible.