Phoenix Police Sgt. Dusten Mullen was off duty when he approached students protesting ICE near Hamilton High School, according to Chandler police. A police report says Mullen told an officer he planned to “let them all assault me, and you guys arrest them all and I’ll keep it on film.”
Cell phone video captured Mullen approaching students during the protest.
An armed, masked man who showed up during an anti-ICE student walkout three months ago at Hamilton High School is a Phoenix police sergeant.(azfamily)
Mullen’s attorney, Steve Serbalik, strongly disputes that characterization.
“Dustin Mullen did not incite or ask anyone to attack him,” Serbalik said.
Serbalik also noted that Mullen has not been accused of any crimes.
“Police officers when off duty have the right to engage in protected First Amendment activities as long as they do so in a way that they don’t break the law,” Serbalik said.
Phoenix Police Chief Matthew Giordano announced last week that Mullen had been placed on administrative leave, about three months after the incident and days after it was first reported.
“Officers are held to a higher standard and when they fall short they must be held accountable,” Giordano said in a statement.
Both Chandler and Phoenix police say Chandler officers — not Mullen — notified Phoenix police about the incident. Phoenix police say Mullen was required to report it himself.
Serbalik said Mullen did follow department policy.
“That occurred within 90 minutes of when this happened. He made a prompt notification that afternoon,” Serbalik said.
Phoenix police’s Professional Standards Bureau is now reviewing the case as the department faces renewed scrutiny.
Two years ago, the U.S. Department of Justice found Phoenix police officers retaliated against protesters. In response, the department implemented new First Amendment training. A police spokesperson said Mullen completed that training within the past six months.
Serbalik says this case could test those policies.
“If the Phoenix Police Department policies say that they respect the First Amendment, my question to the chief is, how does he respect the First Amendment rights of police officers to engage in activities when they’re off duty?” Serbalik said.
Phoenix police say the investigation could wrap up soon, but under state law, it could take up to 180 days. Mullen remains on paid administrative leave.
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