IN-DEPTH: City of Tombstone served lawsuit threat after Deputy K9 attack | Cochise County | kvoa.com

Chief Investigative Reporter

Chorus Nylander is the Chief Investigative Reporter for News 4 Tucson. He is focused on giving the voiceless a voice and holding the powerful accountable.

TOMBSTONE, Ariz. (KVOA) - The City of Tombstone and its Marshal's Office are facing the threat of a lawsuit from one of its own employees after a Notice of Claim was served Thursday.

News 4 Tucson's Chief Investigative Reporter Chorus Nylander ran into the process server who delivered the legal papers and was able to discover it was filed by Deputy Marshal John Coby.

Coby was attacked by his assigned K9 back in November while inside the Marshal's Office, he shot and killed the dog during the attack.

The Cochise County Sheriff's Office launched an investigation.

News 4 Tucson was first to report earlier this month that the County Attorney cleared Coby of any wrongdoing.

We obtained the Sheriff's Office reports into the investigation which showed the dog had a violent bite history, previously sending a handler to the hospital while assigned to U.S. Customs and Border Protection.

The report and Marshal Jim Adams said the bite history wasn't disclosed to him before they agreed to take on the K9 Officer.

The report revealed the dog was brought to the Marshal's Office by a third party vendor KnightWatch K9.

One of the organization's trainers is Constance Baker, a Deputy Marshal at the Tombstone Marshal's Office.

It's unclear where in the chain the bite history failed to be disclosed.

The Notice of Claim names 11 entities and people in total: City of Tombstone, Tombstone Marshal's Office, Marshal Jim Adams, Constance Baker, KnightWatch K9,Marshall Sharp, Rebecca Larson McKeown, Jeff Garcia, Alicia Via, All Phase K9 Tactical, Got Your Six K9 Rescue Inc. and "officers yet to be determined."

The Claim comes just days after Marshal Jim Adams announced his resignation.

Wednesday Tombstone's Mayor Dusty Escapule revealed there is now an Arizona Attorney General investigation into potential misconduct. He released the following statement:

"The well investigated report into the biting of one of my deputies was completed by the Cochise County Sheriff’s Office and I circulated a press release regarding it on February 3rd.

I tendered my resignation to Mayor Escapule on February 10th, not wanting to do so during the course of an active investigation and give any presumption that I was leaving in lieu of it or because of it. We had a heartwarming conversation of mutual respect, and I carefully articulated my reasons for leaving Tombstone. What I will say here is that small towns everywhere are fraught with rumors and gossip fabricated and spread by people with malicious intent. When others repeat these stories without discernment, these rumors have a way of becoming the prevailing version of a distorted reality and people get hurt directly because it involves them, or indirectly because it is inclusive of people they know. These matters began to impact my health and my peace. I very much look forward to restoring those in my move to the Benson Police Department and serving the community there with passion, grace, and goodwill. I have a tremendous amount of admiration for the leadership team there and their values.

My wife and I then departed for a long-planned and much-needed vacation to celebrate our anniversary and collective birthdays. When I returned to work on Tuesday, February 25th, I was called to an 8am meeting where I learned of the impending investigation by the Attorney General’s Office. Understanding the depth and breadth of the inquiry, I wish to make it abundantly clear that I support a comprehensive investigation by this objective third party and concur with the decision that was made to embark upon it.

If anyone accused has made errors in judgement or worse, they should own their misgivings, be held accountable, and learn from the experience. If we cannot police our own, we cannot effectively police others. Period.

Some of the allegations being addressed are simply outrageous.,,(sic) and I’m happy they are being examined for what they are. Anyone accused of these has every right to be fully exonerated and the gossip officially put to rest.

The people who with ill-intent fabricated and spread false rumors will hopefully be cast into the light and duly punished by the authorities for what they have wrought upon the innocent. You know who you are. Your words disbursed carelessly and callously have hurt so many and destroyed so much. My hope is that my leaving serves as a catalyst for change in the hearts and minds of those who call Tombstone their home."

News 4 Tucson spoke with Cochise County Sheriff Mark Dannels who said he's sad to see Adams go, they are friends so he admitted he has a conflict in the case.

“Like any allegations we want to seek the facts show us what violations of law have been offended, violated, then we go from there," he said.

Adams seems well liked by members of the community. Chorus Nylander spent several hours speaking with residents, everyone had great things to say such as street performer Michael Taylor.

“I think he’s the best Marshal we’ve had here in a while," Taylor said.

For 30 years Jim "Lefty" Nebauer has been a resident, he runs the Old Time Photos shop on Allen street.

“He’s a great guy I enjoy his presence here in Tombstone I think he’s improved the Marshal’s Office greatly," he said.

It's currently unclear how much the Notice of Claim is asking for.

We'll update you as we learn more.

If you have a story you'd like us to investigate, email us at [email protected] or call our tip line at 520-955-4444.

Chief Investigative Reporter

Chorus Nylander is the Chief Investigative Reporter for News 4 Tucson. He is focused on giving the voiceless a voice and holding the powerful accountable.