Between a Stonegarden & a Hard Place

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[Left to right: CBP Agent T. Frye, PCSD Deputy Ryan Roher]
UPDATE: The highway obstruction charge levied against Checkpoint USA by Deputy Ryan Roher, pictured above, was dropped by the Pima County Prosecutor’s Office on or about March 14, 2018 after Roher testified during a deposition. As such, Case #CR17-706020-MI is now closed. For more information regarding this incident, checkout the Lawsuit link above.

This page contains documents associated with defending against a trumped-up highway obstruction charge at an internal CBP roadblock along SR-86 in Southern Arizona on April 10, 2017. The main page regarding this incident is locate here.

  • Next court date: Vacated – cased dropped by the prosecution on 15 March 2018
  • Last court date: 01 March 2018 – status conference w/continuance granted
Case Documents:
(documents appear in reverse chronological order)
  1. Dismissal order – 19Mar2018:
    Court order dismissing the highway obstruction charge against CPUSA and closing the case
  2. Case management hearing – 01Mar2018:
    A short status conference in which a continuance was granted
  3. Case management hearing – 26Jan2018:
    A short status conference in which a continuance for additional discovery was granted
  4. PCSD Deputy Roher interview – 01Jan2018:
    An interview CPUSA’s defense attorney conducted with Pima County Sheriff Deputy Ryan Roher who arrested & charged CPUSA with highway obstruction in April of 2017
  5. Court Order (disclosure) – 19Dec2017:
    Judge orders prosecutor to cooperate with defendant’s discovery requests for the 2nd time
  6. Supplement To Motion For Disclosure – 18Dec2017:
    A supplement to motion for disclosure filed by defendant’s attorney to compel prosecution to cooperate
  7. Case management hearing – 15Dec2017:
    Oral argument for & against defendant’s discovery requests which the prosecution has been impeding
  8. Case management hearing – 20Nov2017:
    A short status conference in which a continuance for additional discovery was granted
  9. Case management hearing – 12Oct2017:
    Judge orders prosecutor to cooperate with defendant’s discovery requests for the 1st time
  10. Motion For Disclosure – 11Oct2017:
    Defendant motion for disclosure requesting judge to compel prosecution to cooperate with discovery
  11. Case management hearing – 13Sep2017:
    Judge grants defendant motion to continue
  12. Motion to Continue & Case Status Update – 11Sep2017
    Defendant motion to continue coupled with current status of discovery
  13. 2nd disclosure request letter to prosecutor – 14Aug2017
    2nd letter to prosecutor requesting cooperation with discovery
  14. Case management hearing – 26Jul2017
    Judge grants defendant motion to continue
  15. 1st disclosure request letter to prosecutor – 17Jul2017
    1st letter to prosecutor requesting cooperation with discovery
  16. Case management hearing – 07Jun2017
    Judge grants defendant motion to continue
  17. Dismissal Request – 02May2017
    Defendant letter to prosecutor laying out some of the reasons why the obstruction charge should be dismissed
  18. Case management hearing – 27Apr2017
    Initial appearance for obstruction charge

Stonegarden Documents:

  1. FFY2016-2017 Operation Stonegarden Grant Program – Main Award
    $1.2 million federal grant that pays deputies overtime to conduct zero tolerance patrols for DHS/CBP
  2. FFY2016-2017 Operation Stonegarden Grant Program – Equipment Award
    $144,652 equipment grant associated with main grant above
  3. FFY2016-2017 Subrecipeint Stonegarden Agreement (PCSD)
    Subrecipient agreement for above grants between PCSD & AZDHS
  4. FFY2017-2018 Operation Stonegarden Grant Proposal
    Stonegarden proposal for fiscal year 2017-2018
  5. Operation Stonegarden Statistics 2012-2017
    Comprehensive PCSD Stonegarden stats for 5 years showing 13.4% citation to stop ratio (most stops conducted under program are done absent reasonable suspicion/probable cause)
  6. Selected 2017 Stonegarden Daily Activity Reports
    Stonegarden daily activity reports involving PCSD deputy Ryan ROher and/or Deputy Kunze during 1st half of 2017

Pima County Sheriff Dept. Documents:

  1. Deputy Ryan Roher’s Incident Report #170127219
    Deputy Ryan Roher hanging out at a limited scope CBP immigration roadblock investigating drivers for dark window tint & investigating vehicle occupants for narcotics on January 27, 2017
  2. Deputy Ryan Roher’s Incident Report #170320236
    Deputy Ryan Roher hanging out at a limited scope CBP immigration roadblock investigating drivers for spinning their tires on March 20, 2017
  3. Deputy Ryan Roher’s Incident Report #170320253
    Deputy Ryan Roher hanging out at a limited scope CBP immigration roadblock investigating drivers for missing lug nuts on March 20, 2017
  4. Deputy Ryan Roher’s Incident Report #170320276
    Deputy Ryan Roher hanging out at a limited scope CBP immigration roadblock checking drivers for valid drivers licenses on March 20, 2017
  5. Deputy Ryan Roher’s Incident Report #170410260
    Deputy Ryan Roher hanging out at a limited scope CBP immigration roadblock investigating drivers for cracked windshields on April 10, 2017
  6. Deputy Ryan Roher’s Incident Report #170410284
    Deputy Ryan Roher hanging out at a limited scope CBP immigration roadblock investigating drivers for not answering federal agent questions on April 10, 2017
  7. Deputy Ryan Roher’s Incident Report #170410310
    Deputy Ryan Roher hanging out at a limited scope CBP immigration roadblock investigating drivers for anonymous speeding complaints on April 10, 2017
  8. Deputy Ryan Roher Stonegarden Time Detail
    Timesheet detailing Deputy Ryan Roher’s overtime pay associated with Stonegarden deployments
  9. Sgt. Brian Kunze Stonegarden Time Detail
    Timesheet detailing Deputy Brian Kunze’s overtime pay associated with Stonegarden deployments
  10. PCSD/ICE 2014 Memorandum of Agreement
    Document reauthorizing joint operations between PCSD and ICE in 2014

AZ Department of Transportation Documents:

AZ Peace Officer Standards & Training Board Documents:

  • Certification Record – Deputy Ryan Roher
    Copy of Deputy Ryan Roher’s AZPOST certification document from 2004
  • Certification Record – Sgt. Brian Kunze
    Copy of Deputy Brian Kunze’s AZPOST certification document from 1995

Media:

CBP  Agent T. Frye unlawfully detaining CPUSA in lane of traffic for exercising his 5th amendment rights at roadblock shortly after his arrival

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