Court mix-up forces Maricopa police chief to turn in his guns
| Tuesday, Oct 06 2009 05:20 PM
Last Updated Tuesday, Oct 06 2009 05:20 PM
The chief of police in Maricopa has his guns back after a mix-up had him wrongly thinking he had a restraining order issued against him.
Chief Gene Fretheim was served with a temporary restraining order on Friday that said he had to stay away from a Maricopa woman and turn in his weapons.
He handed in the guns as ordered -- but had them back by Tuesday afternoon.
Turns out it was all a clerical error, court officials say.
The confusion began back in late September when Maricopa resident Lisa Chavez requested a restraining order against the chief. She has claimed that he shot her pit bull unnecessarily.
Court Commissioner Linda Etienne reviewed the request and decided to hold a hearing later this month to talk things out with both parties.
Until then, she said, no restraining order was to be issued.
But a clerk at the courthouse who was copying Etienne's documents made a mistake and the wrong box ended up marked, court officials say.
"It appears to be our error," said Terry McNally, the court executive officer. "The clerk changed everything...but missed one box."
As a result, instead of saying no order was issued, the paperwork said Fretheim was barred from being within 100 yards of Chavez's home and family. The paperwork also required Fretheim to turn in his guns, which is standard procedure when someone has a restraining order against them.
The incorrect paperwork was given to Chavez's attorney last week. He had it served on Fretheim on Friday.
After getting legal advice from the city attorney, Fretheim turned in his guns to the Taft Police Department.
Then the discrepancy between the judge's original paperwork and the restraining order was discovered.
By Tuesday afternoon the chief had his guns back and the confusion was resolved -- at least as far as the paperwork goes.
The original dispute remained raw.
"It was tragic that a dog ended up dead because the owners were not responsible owners," Fretheim said.
The hoopla began on Sept. 8 when Fretheim responded to a call from a city worker, complaining about a pit bull running loose. Fretheim said he and a volunteer dog catcher were trying to control the animal when it lunged at them.
Fretheim shot and killed the dog.
In her request for the restraining order, Chavez said the dog had already been snared by the dog catcher and that Fretheim shot it needlessly. She said the chief wants to get rid of all pit bulls in town, and told her he shot her dog because it was a pit bull.
"It's all a pack of lies," Fretheim said.
The police chief is relatively new in town. He took over the department in May after spending 27 years with the Los Angeles Police Department.
Unlike police chiefs in bigger cities, Fretheim patrols the streets of Maricopa himself and said his shifts had to be backfilled during the short time he was unarmed.
"This is a small city, a poor city, with a small budget," he said. "So I am a working chief."
Both sides will get a chance to explain the situation in court on Oct. 15 when the request for the restraining order is considered.
