Lawsuit claims ex-Apache County attorney bullied candidate running against his wife to drop out

A one-time candidate for superintendent in Apache County is now suing the former county attorney, Michael Whiting, for allegedly bullying him to drop out of the 2024 campaign.

Two years ago, Fernie Madrid ran for superintendent against the then-county attorney’s wife, and the incumbent superintendent, Joy Whiting. In his lawsuit, Madrid accuses Michael Whiting and two employees at the county attorney’s office of following him, throwing rocks at his house and mailing him threatening letters and packages.

The employees, Daryl Greer and Trent Jensen, are also named in the lawsuit. Greer held the title of lead investigator under Whiting, while Jensen was a legal assistant.

Greer has already admitted in court to “conducting surveillance” of Madrid at Whiting’s orders.

Madrid said he was even physically assaulted while collecting signatures to qualify for the ballot, before he decided to suspend his campaign in March of 2024.

Madrid said Whiting’s two “henchmen” approached him, shoved him back into the street, knocked the clipboard out of his hands and said, “Michael Whiting is just getting started with you.”

Then Madrid received anonymous letters containing the names of his closest family members and their birthdates, along with photos of the family’s homes. The letter warned him to drop out of the race by April 1. The letters included a withdrawal form.

Madrid said he feared for his family’s safety.

“I think the bottom line is to assure that this never happens to anyone else in my position,” Madrid said. “That someone that seeks to run for office is not harassed, is not intimidated, does not hire groups of individuals to do the things that I was subjected to.”

After the shoving incident, Madrid made a report to the Arizona attorney general.

“The string of intimidating, harassing, and retaliatory actions Defendants directed at Fernie throughout March 2024 caused Fernie pain and suffering, including shame, embarrassment, humiliation, anxiety, fear, and loss of confidence in his community standing, as well as physical pain from Greer and Jensen’s physical attack upon him,” Madrid’s complaint states.

Whiting was reelected as Apache County attorney in 2024 — he ran unopposed that year — even after he was removed from office earlier that year, following his indictment on several criminal charges.

Despite winning the 2024 race, Whiting was unable to serve as county attorney because he’d also been suspended from practicing law by the State Bar of Arizona. The county appointed Jasmine Blackwater-Nygren to replace him as county attorney in December.

Joy Whiting, who was indicted for misusing county school funds, remains the Apache County superintendent.

With his complaint, Madrid is seeking a judgement from the court that Michael Whiting induced him to drop out of his race, and damages to make up for some of the resources Madrid wasted on his campaign.

Madrid’s attorney, Mike Greenberg, said Michael Whiting violated the First Amendment and the public’s trust.

“In America, we resolve our political disagreements through open debate and at the ballot box, not through government officials intimidating and harassing their opponents,” Greenberg said

Madrid didn’t rule out running for the superintendent office again in the future.

“I think that's something that I need to explore, and I will make a decision at a later date,” he said.