A former Tucson police officer arrested last week with five undocumented migrants in his vehicle was released from the Cochise County jail on Dec. 23 after formal charges were not filed with the court.
Richard Deandre Daniel was taken into custody near Tombstone the evening of Dec. 20 after the migrants were discovered during a traffic stop. A handgun was found on Daniel’s person and another inside the vehicle within reach from the driver’s seat.
Although a Cochise County deputy had probable cause for the arrest, formal charges typically have to be filed within 48 hours. In Daniel’s case that was not done, requiring a justice of the peace to order his release.
The Cochise County Attorney’s Office has up to one year to pursue prosecution, although with a new county grand jury empaneled on Wednesday it is possible charges will be filed soon.
If Daniel is charged, he likely faces a Class 2 felony for participating in human smuggling, as well as charges involving weapons misconduct and giving false information to a peace officer.
Daniel, 37, is not a stranger to the Arizona judicial system.
As previously reported by Arizona Daily Independent, Daniel was arrested in January 2019 for allegedly engaging in sex with woman he was assigned to investigate as part of disorderly conduct complaint.
Within one week, TPD detectives had established sufficient probable cause -including DNA evidence- to arrest Daniel for offering to ignore the fact the woman was the subject of an outstanding warrant if she would have sex with him.
Daniel was charged with one count each of unlawful sexual conduct by a peace officer and tampering with physical evidence, both felonies. A plea deal resolved the case with a conviction for attempted felony unlawful sexual conduct.
Court records show Daniel was placed on probation for three years in lieu of jail or prison time. He was not required to register as a sex offender.
Daniel was terminated by TPD in mid-2019. He voluntarily relinquished his state peace officer certification the same year.
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