In a July 2016 deposition, Joe Arpaio stated that he had private detectives watching the Flakes and fully relied on what he was told by them. The original charges against Austin Flake and his wife was ultimately dismissed by prosecutors.
Federal Judge Believes Flakes Were Charged Due to Pressure From Arpaio
In August 2017, U.S. District Judge Neil Wake dismissed a defamation claim made by the Flakes. However, regarding the animal cruelty charges, Judge Wake stated, “A factfinder could thus reasonably find that prosecutors initially charged the Flakes based on pressure from Arpaio.”
The prosecutor in Maricopa County said that she did not feel pressured by Arpaio and made the decision to prosecute through a grand jury was made solely by her office. Maricopa County is not named as a defendant in this federal lawsuit.
Not the First Round of Malicious Prosecution Against Arpaio
In 2007, a Chandler, Arizona police officer alleged in a lawsuit that he was charged with animal abuse so that Joe Arpaio could exploit the publicity. Ultimately, the officer was acquitted of the death of a police K-9 left in a car for 12 hours in the Arizona heat. However, taxpayers paid $775,000 to settle the case.
