A Surprise mom found herself in handcuffs this summer after criticizing a city official at a council meeting. Now, a Maricopa County judge has dismissed the criminal case against her.
Once they made it to court, defense attorney Bret Royle said the city of Surprise wouldn’t provide evidence to him, like police reports or body camera footage, of his client Rebekah Massie being handcuffed and detained in front of her child.
“It’s one thing to roll your eyes. That’s their right, I suppose,” said Royle. “But here's what I know: I don't care what is on the back of some form. You can't have someone arrested for criticizing a city official.”
Asking to dismiss the case without prejudice, Royle said, would leave the door open to refile charges against Massie, who he added wants to clear the arrest from her record.
“[The city’s attorneys] were trying to say, ‘Look, whether the arrest of Ms. Massie was pursuant to probable cause — or basically, valid or not — is irrelevant. Because all we're talking about here is whether the case should be dismissed with or without prejudice," Royle said.
Royle said if the case were dismissed without prejudice, it would have undercut the Surprise’s requirement to send him the case evidence, and the court’s opportunity to view footage of the incident.
“The state moved to dismiss just for basically quote unquote, the interest of justice. They're saying, ‘Look, it was the right thing to do,’” said Royle. “And my position was, ‘Hey, if it was the right thing to do, dismiss it with prejudice, have the thing once and for all done with, don't leave open the option of being able to refile charges on her.’ And they said no.”
The judge ultimately ruled in Massie’s favor. In dismissing the case with prejudice — meaning Massie can’t re-face the charges — the judge called the city’s actions “objectively outrageous.”
“I think this is the only time in my career where I’ve fought a motion to dismiss without prejudice filed on behalf of one of my clients. It’s usually an opportunity where you’re rejoicing,” Royle said. “It's hard for me to cheer over them righting what should have never been and then righting the wrong in a way that wasn't complete. And so I'm just glad that the court stepped in and did what the city attorneys wouldn't.”
Massie’s civil lawsuit against Surprise is still ongoing.
EDITOR'S NOTE: The story has been updated to correct Bret Royle's name.
