A former deputy with the Tombstone Marshal’s Office cannot reactivate his peace officer certification through another law enforcement agency unless he agrees to be questioned about past issues involving his personal conduct, the Arizona Peace Officer Standards and Training (AZPOST) board announced this week.
Robert Daniel Valenzuela had been with TMO for only 25 months when he resigned without advance notice on March 3, 2020. His departure was reported to an AZPOST compliance specialist due to concerns with the results of two recent polygraphs Valenzuela had undergone, according to public records.
The circumstances surrounding Valenzuela’s sudden resignation were relayed Wednesday to the AZPOST board, which unanimously voted that any effort by Valenzuela to reactivate his certification will require him to address the issues surrounding his polygraphs.
Valenzuela started with the marshal’s office in February 2018. He was questioned later that year when his girlfriend, Jordan Monique Newton, was named as a suspect in an employee theft investigation involving the Tombstone Chamber of Commerce. He denied having any suspicions about his girlfriend’s conduct, the AZPOST compliance specialist told the board.
The board was also informed that Valenzuela came under further scrutiny during the 2018 investigation of Newton when his supervisor received a tip that the deputy may have engaged in an inappropriate sexual relationship with a specific female minor while in his early 20s.
Records show Valenzuela denied the allegation during an investigation by the Cochise County Sheriff’s Office (CCSO). However, questions about his veracity surfaced in January 2020 after he applied for positions with CCSO and the Arizona Department of Public Safety (DPS).
A voice stress analyzer test conducted as part of the CCSO background check process resulted in a “untruthful” finding against Valenzuela. He also underwent a polygraph, which measures changes in a person’s autonomic nervous system in response to questions, including breath rate, pulse, blood pressure, and skin conductivity.
CCSO reported Valenzuela likely engaged in countermeasures to subvert the test and manipulate the results. The same determination was reported by DPS following a polygraph they had Valenzuela undertake with a different operator, the board was told. The polygraph issues were disclosed to then-Tombstone Marshal Bob Randall and a short time later Valenzuela submitted a voluntary resignation.
The AZPOST board unanimously voted Wednesday that if Valenzuela chooses to apply with another Arizona law enforcement agency then he must undergo questioning about whether he was aware of the girlfriend’s legal issues before being notified by law enforcement officials. Valenzuela would also have to be questioned about the nature of his prior relationship, if any, with a specific woman who was under age 18 at the time.
Valenzuela will be notified by the AZPOST board of its decision. The matter of his inactive certification is now closed unless he seeks to be reemployed as a peace officer.
Arizona Daily Independent found at least 12 of Valenzuela’s 32 cases filed with the Bisbee Justice Court from Jan. 1 to March 3, 2020 were later dismissed at the request of the Cochise County Attorney’s Office. One of the motions to dismiss simply advised the judge that “a necessary witness is unavailable for trial.”
Another dismissed case involved a reckless driving charge which included a DUI with blood alcohol concentration of .08 or higher. In addition, at least six of Valenzuela’s 2019 cases were dismissed after his March 2020 resignation, according to a review of public court records.
Newtwon was charged in 2018 with stealing cash from the Boothill Cemetery gift shop which was operated by the chamber. She was not convicted in connection to that theft but pleaded no contest to fraudulently receiving $1,700 from the Chamber by altering her time cards.
Newton began serving a three year term of probation in 2019.