Posted: June 4th, 2012 by Militant Libertarian
Four months after a road-rage incident in northeast Mesa, police have concluded that a veteran officer was to blame, not the man he arrested.
Aggravated-assault charges against Randy Smyers were dropped after an investigation found inconsistencies in statements by Sgt. Mike Duke, who was off-duty when the incident occurred. …
The incident occurred about 7:30 a.m. on Dec. 18. According to court documents released at the time, Smyers became angry because he felt that Duke was tailgating him in his van, according to court document released by police after the incident.
Duke identified himself as a police officer and asked Smyers twice to move his car, but Smyers refused, shouted profanities at Duke and walked toward Duke’s van, the report said.
But on a 911 tape released Friday by the department, it is Duke that is heard yelling profanities at Smyers, while Smyers asks Duke several times to identify himself.
“My ID’s my gun, (expletive deleted),” Duke told Smyers at one point. “I’ll shoot you.”
Jerry Smyers, Randy’s brother, told police that Randy just wanted Duke to drive around him when he stopped his pickup in the street, according to a police report.