Phoenix-area mosque open to plea agreement in hate-speech incident

PHOENIX – A Phoenix-area mosque was open to a plea agreement in the criminal case against two women who recorded themselves spewing anti-Muslim vitriol and taking flyers and pamphlets from the facility.

A news release issued Thursday by the Maricopa County Attorney’s Office said the case was “in settlement negotiations including all parties.”

In the release, a spokeswoman for the Islamic Community Center of Tempe said the mosque community “would like to see some good come from this heinous attack.”

“We are open to offering an informational and educational session to these two women, their children, and the community at large,” ICC spokeswoman Kristy Sabbah said. “We would also like to see community service hours served here at the Islamic Community Center in lieu of a restitution settlement.”

In March, Tahnee Gonzales and Elizabeth Dauenhauer were charged with third-degree burglary and aggravated criminal damage. Gonzales also was charged with three counts of endangering the life and health of a minor during the incident, which made national news.

If no plea agreement is reached, the trial was scheduled for Sept. 4. If convicted, the women would face maximum sentences of four years in prison.

After the arrests, a Tempe police spokewswoman said the sentencing could be enhanced if they were seen as perpetrating a hate crime.

With three children in tow, the women livestreamed themselves at the mosque near Sixth Street and Mill Avenue from one of Gonzales’ social media accounts. The 20-minute video was posted on Facebook on March 4 but was later removed.

In clips (WARNING: LINK CONTAINS FOUL LANGUAGE) that were reposted, the women could be heard making anti-Muslim comments and hurling insults at a man leaving the building.

Court documents said the women entered the mosque despite no trespassing signs and removed several items, including educational fliers, pamphlets, calendars, air fresheners, Qurans and other items.

“It has been a priority for me and my office to ensure that we have open communication and understanding so that the ICC and its members know they have input and participation in the prosecution of this case, as does any victim of crime,” Maricopa County Attorney Bill Montgomery said in the release.

Montgomery’s office issued the release in response to a report by the Southern Poverty Law Center that the case was being handled in an “extremely unusual” manner.

The report by the SPLC — a U.S. nonprofit organization that, according to its website, monitors domestic hate groups and other extremists — was based on the opinion of defense attorney Michael V. Black, who was not involved in the case.

Black told the SPLC he’d “never ever negotiated with the county attorney at all” in 30 years of handling criminal cases in Phoenix. He said a deputy prosecutor typically handles plea negotiations.

Montgomery called the report “irresponsible and provocative.”

“Over the course of my years as county attorney, there have been multiple instances where I have been directly involved in working out a just resolution to cases,” he said in the release.

“The fact that I have chosen to not publicize those instances is to ensure that the emphasis remains on the pursuit of justice and not the pursuit of publicity.”

Marc Victor, one of Gonzales’ lawyers, told the SPLC that he’d dealt directly with Montgomery before.

When reached by the SPLC, Montgomery said he wouldn’t speak because “because they’re a radical, left-wing, liberal group.”

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