It’s difficult to imagine that anyone who steps out of the house is unaware of the unfortunate struggles of so many in our communities.
In the wake of the global pandemic, economic insecurity, the post-pandemic evictions, and easy access to affordable and potentially deadly narcotics, we see people struggling for their very existence on the streets and in parks and other public places.
Open drug use, intoxication and other unacceptable public behavior are making life more difficult for people running businesses and just going about their daily lives.
The residents and business owners in the Flowing Wells Neighborhood are among those trying to find answers to this widespread social dilemma, having mobilized a group of concerned citizens rallying under the name Pima-Tucson Flowing Wells Business and Neighborhood Coalition.
In meetings inside government offices, including the Pima County Attorney’s Office, and in town hall settings, their fear, anger, and frustration is mounting in a very public way.
This office has been at the table to listen and fully understand what the Flowing Wells community is seeing and what they feel is the solution to the problems. Yet, this office, and County Attorney Conover in particular, have been singled out by the group as being a non-responsive party to the lawlessness they see.
Rest assured that PCAO has been and continues to be involved in discussions with the group, but the bulk of what they are experiencing is not behavior that comes to this office for prosecution.
Much of the activity consists of misdemeanor crimes – nuisance behavior that, while unacceptable does not rise to the level of felony crimes, all of which come to PCAO if they occur within the Pima County. We also prosecute misdemeanor crimes that are committed in unincorporated areas of the county.
Misdemeanor crimes such as public intoxication, lewd behavior, trespassing, vandalism, petty theft, and minor drug possession, are prosecuted in the communities where they occur. In the instance of the Flowing Wells Neighborhood, that is the Tucson City Attorney’s Office.
We recognize that these misdemeanor crimes create hardships and diminish the daily quality of life for all who experience them, but we must understand that the problem is everywhere. We see it where we work in downtown Tucson and in the neighborhoods where we live.
It is a problem much larger and more difficult to address than any one agency – or even all agencies – can resolve.
PCAO does its part. We operate specialty courts – including numerous drug courts – that provide paths to recovery without immersing everyone with drug dependency into the criminal justice system. We have diversion programs for all manner of offenders who are not a direct threat to society. We know that simply locking up everyone who has addiction or mental illness only exacerbates the problem, taking people from their families and derailing their prospects for becoming productive citizens.
We hear that some in law enforcement tell victims of minor crimes that they don’t bother to arrest because our office won’t prosecute.
This is inaccurate information. We take appropriate cases brought to us by law enforcement and we review them to determine what action to take. Often that means criminal prosecution or a plea agreement to hold them accountable for their actions.
Other times it is more appropriate to offer help where it is available.
It is a responsibility that we take very, very seriously.