Although Timothy filed several criminal complaints with the El Mirage police, the governor and the attorney general of Arizona, the following statement is extracted from his certified criminal complaint filed in the El Mirage Municipal Court. The document was dated February 26, 2024.
Summary of Key Points:
Criminal Complaint & Legal Motion: Timothy filed a certified criminal complaint related to his protection order and children's abduction, citing police misconduct and failure to enforce legal duties.
Protective Order & Kidnapping Incident:
- A protective order was issued on April 6, 2023, prohibiting the defendant mother from approaching her three children.
- Despite this, on January 9, 2024, the babysitter forcibly transported the children to an unknown location and handed them over to the defendant mother.
-At the time, the father (Timothy) was hospitalized in ICU that day, and upon returning home, found his children gone.
Police Involvement & Negligence:
- El Mirage and later, the Mesa Police were aware of the protective order but failed to enforce it.
- The babysitter, arrested on unrelated charges, had no authority to take the children.
- El Mirage Police failed to retrieve the children even though they knew where they were but failed to respond even after service of the protective order on the defendant mother, who actively defied it and kept the children.
- Officer Ryden of the Mesa Police allegedly visited the defendant mother and even threatened Timothy.
Legal & Procedural Manipulations:
- The defendant mother obtained another protective order against Timothy in a different court, allegedly to obstruct his lawful access to the children.
- Despite knowing of the protective order against the mother acquired by Timothy, law enforcement failed to enforce and instead attempted to serve Timothy with a fraudulent order obtained by the defendant, then abandoned service after notice of Timothy's existing order.
Ongoing Violations & Accountability Issues:
- Timothy's court filing claimed law enforcement were complicit in the ongoing deprivation of his rights and failure to protect his children.
- The case involves allegations of custodial interference, child endangerment, and police misconduct including civil rights violations of due process.
See Protective Orders Have No Guarantee