Charges against sheriff reinstated
Arizona Court of Appeals reverses venue ruling in Hounshell case

By Kathy Helms
Diné Bureau

WINDOW ROCK — The Arizona Court of Appeals has reversed a lower court decision to dismiss charges against Apache County Sheriff Brian Hounshell for lack of venue.

Hounshell was indicted by a state grand jury in May 2005 on charges of misuse of public moneys, fraud and theft.

The charges stem from an investigation by the Arizona Attorney General's Office into allegations that Hounshell misappropriated from Apache County more than $8,000 in public money and equipment for his personal use or benefit between 2000 and 2004.

The county has now spent more than $100,000 in attempts to prove its case.

Last year, Maricopa County Superior Court dismissed the charges after finding they should have been brought before a court in Apache County.

In its Jan. 9 decision, the three-judge panel from the Court of Appeals ruled the venue was proper because elements of each charge took place in Maricopa County, and the charges should not have been dismissed.

The Hounshell case was remanded to Maricopa County Superior Court for trial, according to a press release from Attorney General Terry Goddard's Office.

The release states that the Appeals Court "has reinstated charges" against Hounshell.

The sheriff's attorney, David Alan Darby, said while that is "technically true because of the court's decision," there are still other processes to go through before it reaches that stage, including taking the case to the Supreme Court.

Darby, who represents the sheriff in various civil matters against the Apache County Board of Supervisors, said he was somewhat surprised at the Appellate Court's decision.

He said the matter of where the case is finally tried should be resolved, ultimately, by the Arizona Supreme Court.

However, Darby said, "No matter where, when, or how long it takes to resolve these charges, and whether it be in Apache or Maricopa County, Sheriff Hounshell will be exonerated and the politically motivated charges will be proven to be totally without merit."

Sheriff Hounshell said the Appellate Court decision is "definitely a setback in this ongoing battle with the government."

"If this decision stands it would definitely take away my constitutional rights to be tried by my peers in Apache County.

"My attorneys are reviewing the court's findings to determine our options. I am sure we will take this issue up to the Supreme Court.

"In the last four court decisions we have beat up on the county pretty bad. I guess they got lucky on this one," the sheriff said.

County Manager Delwin Wengert said he didn't have any comment, other that what is in the court document. He said the charges will be refiled, they will seek to have the sheriff reindicted, and basically start over from square one.