A grand jury has indicted the Apache County attorney on several charges including theft, harassment and misuse of public monies.
Democratic County Attorney Michael Whiting is charged with seven felonies and three misdemeanors, following a “public corruption investigation” by the Arizona Attorney General’s Office.
Whiting’s wife, county superintendent Joy Whiting and his aide Daryl Greer are also named as defendants.
Among the many allegations listed in the indictment are that the Whitings used county money to buy themselves a car and pay for Joy Whiting’s campaign merchandise through a company called 4imprint.
Whiting is also accused of using his personal email to conduct Apache County Attorney business, in violation of Arizona’s public record laws.
"Public officials are entrusted with the responsibility to serve their communities with integrity and honesty," Democratic Attorney General Kris Mayes said in a statement. "When that trust is violated, it undermines public confidence in the workings of government. These are serious allegations, and my office is committed to ensuring a thorough and fair legal process as we pursue justice for the people of Apache County."
They are also accused of threatening and intimidating a candidate called Fernando Madrid who was running against Joy Whiting.
The indictment alleges that Whiting and his aide took pictures of Madrid’s car and requested information about him and his family.
Greer and another man approached Madrid while he was out collecting signatures, according to the indictment. They allegedly slapped the clipboard out of his hand and told him; “Michael Whiting is just getting started with you.”
Then, they are accused of sending Madrid a threatening letter telling him that if he didn’t resign from the race, he’d be sued.
Madrid then dropped out of the race citing “coercive tactics” by Whiting and not wanting his family to be harassed anymore.
Both Joy and Michael Whiting are running for reelection unopposed.
In June, news broke that a search warrant was executed on Whiting and that high ranking people in his office had called for his resignation, including Celeste Robertson - the chief deputy.
Robertson has taken over Whiting’s duties for the past several weeks and remains the head of the operation.
A spokesperson for the Apache County attorney’s office said that Whiting and Robertson were not available for comment.
Whiting beat former Apache County Attorney Criss Candelaria in 2008 and has held the office ever since, without any competition.
Now, Candelaria is running as a write-in candidate against Whiting. As is a man called R John Lee.
There are some unanswered questions going into the general election with only Whiting on the ballot.
If he’s convicted of a felony, Arizona law states he loses the right to hold public office. However, a conviction could take months.
If Whiting withdraws soon before the election, the county would likely have to replace him before the general election. He can only be replaced by someone of the same political party. Robertson, who is currently doing Whiting’s job, is of a different political party.
If Whiting is convicted after the election and a process to remove him was completed, it’s possible that the county would hold a special election to replace him.