Former Arizona prisons director indicted in armed standoff with police

A grand jury has indicted former Arizona Corrections Director Charles Ryan on two felony charges after officials said he pointed his gun at police during an armed standoff at his Tempe home in January, the Maricopa County Attorney's Office announced Friday.

In a statement, interim County Attorney Rachel Mitchell said Ryan has been indicted on one count of disorderly conduct involving weapons, a class 6 dangerous offense, and one count of unlawful discharge of a weapon, also a class 6 dangerous offense.

The grand jury issued the indictment April 26 and Ryan was given notice of it this week.

Details of incident: Former prisons director was drinking before armed standoff in Tempe, report says

Seven homes surrounding Ryan's home were evacuated during the incident the evening of Jan. 6. A tactical armored vehicle, SWAT team, negotiators and robot were used by police in the standoff. Police officers who responded to the incident said they feared for their lives after they say Ryan pointed a handgun at them and refused to drop the weapon.

Ryan was taken to a hospital for treatment of a self-inflicted wound and an injury sustained when Tempe police shot him with a less-lethal bean bag round, police said. He was never jailed.

Attorney reaction: Public defenders call Tempe police treatment of former corrections director an 'outrageous' disparity

The charges in the indictment are less severe than those recommended by the Tempe Police Department: two counts of aggravated assault on a peace officer and one count of unlawful discharge of a firearm.

“As a 30-year prosecutor, I understand the importance of focusing on the facts and evidence of each individual case when making charging decisions," Mitchell said. "A thorough review of this case was conducted by experienced prosecutors in this office. I want to assure this community that a person’s occupation, race, age or other such factors of this nature do not influence charges that are sought by this office."

But Maricopa County deputy public defender Katie Gipson McLean said that based on the way the county attorney prosecutes her clients, Mitchell's statement is hard to believe.

"We've seen time and time again, when you are involved in an incident, like the one Mr. Ryan was in, that's not how other people have been charged," she said. "It's across the board that they're going to face higher-level charges."

Gipson McLean called it a "double standard."

"There's just no way that any other person — literally any other person — who, if they even survived an incident like this, would be charged in the way that Mr. Ryan is," she said. "It would have to be that they did such a bad investigation, that they have no way to prove their case, and they would have to charge lower-level felonies, but I highly doubt that's the situation here."

She said the charges are likely what the Maricopa County Attorney's Office wanted because the prosecutor's office often provides a draft indictment.

Retired Pima County public defender Abigail Jensen said in 20 years representing defendants, she had never seen a case where someone pointed a gun at an officer and wasn't charged with dangerous aggravated assault.

"There's been lots of people in Pima County charged for aggravated assault on a cop for spitting on them, or attempting to spit on them," Jensen said. "Even if someone just bumps into a police officer when they're getting handcuffed — it will get charged as aggravated assault because it's physical contact initiated by the defendant."

She said the indictment of Ryan was surprising because prosecuting attorneys are usually very adamant about protecting police officers.

Marysa Leyva is one of 18 people who were arrested for protesting in downtown Phoenix in October 2020 and charged as street gang members by the Maricopa County Attorney's Office.

"I was charged with a Class 2 felony, aggravated assault on a police officer with a deadly weapon," she said, "just for marching in the road."

All charges against the protesters were eventually dropped.

After seeing the charges against Ryan, Leyva said it's undeniable that the system is inequitable. While Mitchell has vowed to make changes at the County Attorney's Office, and rebuild trust with the community, Leyva said the indictment of Ryan shows more of the same troubling decision making.

"The system is functioning exactly the way that it's intended to function by disproportionately harming the most marginalized communities," she said. "I am genuinely concerned that Rachel Mitchell is going to continue to perpetuate the harm that began under former County Attorney Allister Adel's leadership."

Ryan's arraignment is scheduled for May 26. The charges in the indictment would result in mandatory prison time for the former prisons director, ranging from 1.5 to three years.

The Maricopa County Attorney's Office's prosecution policies and procedures regarding plea agreements state: "In any case where the defendant has pointed or discharged a firearm at a peace officer who was acting in the peace officer’s official capacity, no plea offer will be made absent prior approval by the division chief."

Gipson McLean said if the County Attorney's Office follows its policy, Ryan should not be getting a plea deal. "But something tells me that's not going to happen," she said.

This story is developing; please check back for updates.

Have a news tip on Arizona prisons? Reach the reporter at jjenkins@arizonarepublic.com or at 812-243-5582. Follow him on Twitter @JimmyJenkins.

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This article originally appeared on Arizona Republic: Ex-prisons chief Charles Ryan indicted in standoff with Tempe police