Apache County prosecutor involved in investigation into misconduct allegations

PHOENIX – Officials with the Arizona Attorney General's Office say a letter was sent to Apache County The Board of Supervisors, as County Attorney Michael Whiting is involved in an investigation.

On June 5, we reported that a search warrant was served on the Apache County District Attorney's Office by investigators from the Arizona Attorney General's Office. In the letter Mayes sent, dated June 7, she wrote that the arrest warrant was served “as part of an ongoing investigation into allegations of misuse of public funds and threats and intimidation against a political opponent. The warrant itself, however, remains sealed by the court.

Whiting was elected to his first term in 2008. The letter notes that since the search warrant was executed, Whiting has not returned to the office and office lawyers have called on him to resign.

“Searching for and executing an arrest warrant against the County Attorney’s Office was an important decision that I did not make lightly,” the letter read. “As the state's chief law enforcement officer, I have decided that executing an arrest warrant is in the best interest of the State of Arizona and the U.S. Attorney's Office. Apache County.”

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AG Mayes wrote that she would exercise supervisory powers and assist the Apache County Attorney's Office for 90 days, with the deputy county chief having “full authority to make decisions from the time the deputy chief was the County Attorney in the absence of County Attorney Whiting.” Additionally, monthly expense reports must be provided to the Criminal Division of the Arizona Attorney General's Office, and if Whiting returns to office, he will be required to seek approval from the Attorney General's Office on personnel decisions or expenses over $200.

“The exercise of my supervisory authority is intended to assist, not control, the Apache County Attorney's Office. Nor is it intended to interfere with the authority of the Board of Supervisors over the offices of the Apache County Prosecutor. county,” part of the letter reads.

County Attorney issues statement

On the afternoon of June 7, we received a statement from Whiting. The statement reads:

“I want the citizens of Apache County to know that I intend to work closely with the Attorney General's Office and that Attorney General Mays is an exemplary public servant who only wants what is there best for the citizens of Apache County. I look forward to working closely with her and her office as we work through the current situation.”

As a point of clarification, I was actually present at the monthly Board of Supervisors meeting (at the county seat) on Tuesday, June 4, 2024, when the search warrant was served on the Apache County Prosecutor's Office. Sometime later in the day (Tuesday), I spoke with the Special Agent in Charge who advised me that he did not need anything from me. After the phone call, I attended another meeting in another town in the county. Later that night, after that meeting, I returned to the county seat and was informed that the special agent in charge now wanted a laptop and a cell phone. I provided them to him. At that point he said he didn't need anything else. (Tuesday evening).

The next day, Wednesday, he was contacted again and asked if he needed anything more, to which he replied no. I then went to California for a planned family trip. I came back from California today (two days later), June 7, 2024, went to the office and been in contact with county management, etc.

As a result, I don't know why there have been statements that I am not present or that I am not known.”