Judge clears way for Phoenix police to discipline cop over Hamilton High ICE protest incident

A federal judge on Tuesday refused to stop the Phoenix Police Department from holding a hearing that could lead to the firing of a sergeant who got into a confrontation at a Hamilton High School protest while off duty.

Sgt. Dusten Mullen and the Arizona Conference of Police and Sheriffs asked U.S. District Judge Susan Brnovich to halt the disciplinary process, arguing the department was bowing to political pressure and media coverage to push him out.

The trouble started Jan. 30, when Mullen, wearing a pro-Trump T-shirt and a face covering, showed up to counter-protest an anti-Immigration and Customs Enforcement (ICE) demonstration put on by students in Chandler.

Mullen claimed student protesters assaulted and threw water on him.

“Moments away from potential violence’

City attorneys said Chandler officers watched as the situation escalated.

According to court records, Mullen approached a car of students, pointing at them as they rolled up the windows. He kept confronting them until Chandler officers stepped in to break it up.

The city’s filing also quotes Mullen’s comments to Chandler officers.

“I got more people coming with guns too,” Mullen allegedly told Chandler officers. “Not to hurt anybody, to protect themselves. Just so you know.”

A Chandler sergeant gave Mullen a warning, as detailed in court records.

“Chandler, Arizona does not need to be the powder keg of the southwest,” read the court filing. “This is all a flashpoint right here. We are moments away from potential violence.”

“You are not shooting any of these kids,” that same Chandler sergeant said.

“No, I wouldn’t shoot anybody unless I have to,” Mullen replied.

Chandler police escorted Mullen away in a patrol car and arrested a female student who thew water on him. However, the Maricopa County Attorney’s Office is not pursuing charges against her.

Mullen is placed on leave

Once Mullen’s participation was known, Phoenix Police officials classified the case as a top-tier violation, which can result in his immediate firing and skips a step in the normal review process. Mullen’s lawyers called the move a setup designed to fast-track his termination.

In Brnovich’s ruling, she said it’s too soon to know whether Mullen will even be fired. He could be demoted or suspended instead. He’ll get a chance to tell his side at the upcoming hearing.

“Irreparable harm requires a showing of harm that is real, imminent and significant, not just speculative or potential,” the judge wrote in the memo released Tuesday.

Brnovich also reviewed a sealed copy of the internal investigation and found that investigators did examine the evidence Mullen’s supporters said was being ignored, including his own cellphone video from the protest.

The department explained the case isn’t really about Mullen’s politics or his protest attendance. It’s about how he behaved that day.

Mullen’s broader lawsuit, which accuses the police chief, the city and Councilwoman Anna Hernandez of violating his free speech rights and other protections, is still moving forward.

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