Judge Refuses to Dismiss Prosecutors in Public Corruption Case
The two men, Colorado City Fire Chief Jacob Barlow and town Manager David Darger, both face more than a dozen felony charges. The charges include unauthorized TurboTax purchases, in addition to travel expenses exceeding hundreds of dollars.
Barlow was indicted on thirty public corruption counts, and Darger on thirteen, in August of 2011. The charges resulted after police were issued search warrants for the neighboring towns of Colorado City, Arizona and Hildale, Utah. The police were looking for evidence concerning illegal purchases, travel expenses, and money transfers. Defense attorneys claim that fire departments have wide latitude in budgeting and that the monetary charges were authentic expenses for the fire district.
Barlow and Darger's defense attorneys want the Mohave County Attorney’s Office removed from the case due to a conflict of interest concerning the prosecutors also being the Colorado City Fire District’s attorneys at the time.
However, a judge disagreed with this and ruled that there wasn't any evidence showing that the Mohave County Attorney’s Office had represented both Barlow and Darger, or even given the men any legal advice concerning the case.
Both Barlow and Darger have filed motions to remand the charges back to the grand jury and to dismiss the case due to its legal insufficiency, as well as its vagueness and selective prosecution.
|This article was written by Heidi Straka, the Image Coordinator for Judgepedia. She can be reached at firstname.lastname@example.org.|