Investigations & Seizure of Property
INVESTIGATIONS ARS 13-4405 & 8-386 (Information provided to victims by law enforcement agencies)
When an incident happens and law enforcement becomes involved it is their job to document it and potentially investigate. As part of the investigation the police interview witnesses, preserve evidence and prepare reports containing the results of their investigation. The reports, along with other evidence, are then submitted to the Pinal County Attorney’s Office for charging review.
Additionally, the law enforcement agency has the responsibility of advising all crime victims of their right to be informed throughout the criminal justice process. The investigating law enforcement agency is required to:
- Advise the victim whether the suspect is an adult or juvenile.
- Advise the victim whether the suspect is in custody.
- Notify the victim of the date, place, and time of the suspect’s initial appearance.
- If the suspect is not in custody, law enforcement advises the victim at the earliest opportunity of the suspect’s arrest.
- Provide the victim with an explanation of their rights and how to request them.
- Provide a REQUEST/WAIVER form to the victim.
- Tell the victim about emergency and support services that may be able to provide the victim with assistance.
SEIZURE OF PROPERTY ARS 13-4429 & 8-408
It is common during a police investigation for property to be seized and removed from the scene. The law enforcement agency will normally consult with the prosecuting attorney regarding the return of your property. In many cases, property is returned to victims in a timely manner, however, there are circumstances in which the release of property is not possible until after the conclusion of the case. In those cases, the police and/or prosecutor will advise you as to the reason the property may not be returned. ARS 13-4429 & 8-408 (Return of victim’s property; release of evidence).
County Attorney Role
Once the law enforcement agency submits the results of their investigation to the Pinal County Attorney’s Office, a Deputy County Attorney (DCA) will review the police report and evidence. The DCA then makes a decision as to whether the case meets the standard required by the “special responsibilities of a prosecutor” ethical rule, which is a “reasonable likelihood of conviction at trial.”
The DCA has several different options at this point. The DCA can decline charges, but request that the law enforcement agency conduct further investigation. This means the DCA submits a request for specific tasks to be completed by the law enforcement agency. Once the requests are completed, the law enforcement agency could resubmit the case to the DCA. How each law enforcement agency prioritizes and completes follow up is at their discretion.
The DCA could also elect to decline or dismiss charges due to their ethical rule. The victim has a right to confer with the DCA prior to any final charging decisions. Should the DCA decide not to prosecute the case, the listed victim(s) will be advised of their right to speak with the prosecutor prior to the decision becoming final ARS 13-4408 & 8-389 (Notice of rights) & 13-4419 & 8-399 (Victim conference with prosecuting attorney). For more information regarding declinations and dismissals please refer to “What is a dismissal? & What is a declination?" The victim also has the right to confer with the DCA if a plea agreement is offered. Although the victim has the right to confer with the DCA prior to any final charging decisions or plea agreements, they cannot direct the prosecution of the case 13-4419 & 8-399 (conference with DCA) & 13-4423 & 8-403 (plea agreement proceedings.)Decisions regarding dismissals, charging of the case, diversion and plea agreements are at the discretion of the assigned DCA. For more information regarding invoking the right to confer with the DCA refer to "How do I give input on a case?" and "How do I invoke my right to confer with the prosecutor?"
Crime Victim Compensation Board Meeting
Crime Victim Compensation Board
Download PDF - February 16, 2023
Download PDF - January 19, 2023
Download PDF - December 15, 2022
Download PDF - November 17, 2022
Download PDF - October 20,2022
Download PDF - September 15, 2022
Notice of Rescheduling March 1o Meeting
Download PDF - February 17, 2022
Download PDF - January 25, 2022
Notice of Change of Meeting for Jan 2022
Download PDF - December 14, 2021
Download PDF - November 16, 2021
Download PDF - October 19, 2021
Download PDF - September 14, 2021
Download PDF - August (No Meeting)
Download PDF - February 15, 2021
Download PDF - January 19, 2021
Download PDF - December 15, 2020
Download PDF - November 17, 2020
Download PDF - October 27, 2020 Emergency Meeting
Download PDF - October 20, 2020
Download PDF - September 15, 2020
Download PDF - February 18, 2020
Download PDF - January 21, 2020
Download PDF - October 15, 2019
Download PDF - September 17, 2019
Download PDF - August 20, 2019
Download PDF - February 19, 2019
If you have specific questions as to issues in your case, please contact the Pinal County Attorney’s Office, Victim Services Division at 1(800)208-6897 ext 6813 or (520) 866-6813.
Man sentenced to 20 years for killing woman in wrong-way collision
FLORENCE, Ariz. (June 4, 2019) – Globe resident Jaeden Spurgeon, 20, was sentenced to 20 years in prison by a judge. He pleaded guilty to one count of manslaughter and two counts of aggravated assault.
- Manslaughter, a class 2 felony
- Aggravated Assault, a class 3 felony, endangering an officer
- Aggravated Assault, a class 3 felony, recklessly causing an injury with a dangerous instrument
On April 10, 2017, Globe Police Department took a domestic violence report about a man who reportedly stole his girlfriend’s black SUV. When police found the SUV, Jaeden Spurgeon was driving in a parking lot. When one officer tried to approach Spurgeon’s car on foot, Spurgeon sped up and nearly hit the officer before he fled on US60. Multiple police agencies pursued Spurgeon for about 20 miles but stopped their pursuit after Spurgeon began driving the wrong-way on a divided highway for another nine miles. During that time, at least five people called 911. The defendant later admitted to police he was driving up to 100 miles per hour. When police caught up to Spurgeon, they discovered he collided with two other cars.
While Spurgeon was driving the wrong-way, he killed one woman and seriously injured her male passenger. The woman, pinned in the car, died of blunt force trauma. Another woman, driving a third car, was also involved in the collision, but was not injured.
Spurgeon pleaded guilty to manslaughter and two counts of aggravated assault. One count of aggravated assault was for intentionally putting an officer in reasonable fear of imminent physical injury. And the other aggravated assault for recklessly causing an injury with a dangerous instrument.
“We feel we have given the victims justice, but their pain continues. The decedent’s mother told the judge that she is losing her eyesight. Her daughter promised to help her when she went totally blind. Now, she needs her daughter’s help, but the Defendant killed her while he was fleeing from the police.” Prosecutor Matthew Reed said.
The judge sentenced Spurgeon to the maximum 20 years in prison. Spurgeon received a twelve-year sentence for manslaughter followed by another eight years for aggravated assault. The second aggravated assault sentence of 7.5 years will run concurrently with the manslaughter charge.
Here is the Spurgeon Sentence Press Release.
“The sentence will act as a stern deterrent. It’s been two years, and I am still scared when I drive. You wonder when it will stop, but it’s just something you have to learn to live with.”
- Ana Campos, Victim
“The sentence was right. He killed my mom. He nearly killed me and he nearly hit that cop. Someone with a driver’s license takes on a big responsibility. He put multiple lives in danger. I saw his head lights coming at me and I knew he was on the wrong side of the road. I believe he was fully aware of what he was doing. I just hope that he reflects on what he did and one day he will realize what he did to my grandma.”
– Brandon Gee, Victim
“Nobody should think the sentence was too harsh. He was charged with second degree murder and he pleaded to manslaughter. He was charged with ten counts and he pleaded to three. If he went to trial on what he was charged with, he would have served a much longer sentence. The only person he cared about was himself. He was so selfish. I’m glad the judge considered his prior contact with the law. He is young, but he has four prior adjudications and one for a felony offence. The judge was fair. He considered the mitigation and the aggravation. Any judge who considered all the aggravation would have given that sentence.”
– Karen Todd, Victim
Maricopa Woman Guilty of First-Degree Premeditated Murder
Florence, Ariz. (May 8, 2019) – A jury convicted 34-year-old Kathryn Sinkevitch of first-degree premeditated murder on Tuesday, May 7, 2019. Major Crimes Bureau Chief Shawn Jensvold and Deputy County Attorney David Ahl lead the prosecution.
“We are pleased with the jury's verdict because it is entirely consistent with the evidence presented at trial. The evidence, which was both direct and circumstantial, pointed directly to Sinkevitch and there is no reason to suspect that anyone else killed Michael,” Shawn Jensvold said.
On December 16, 2016, City of Maricopa Police Department received multiple 911 calls of shots fired. When police arrived on scene they discovered 31-year-old Michael Agerter shot in the head and back. Agerter was seated in his car, parked in his garage. He was pronounced dead at the scene. Police soon discovered that Agerter was on the phone with his younger sister at the time he was murdered.
Police discovered Agerter had a home surveillance system at his residence. After watching some recorded footage, detectives saw what appeared to be a female subject walking quickly from a white minivan parked across the street from Agerter's house just after he pulled into his garage. The subject was wearing a dark hooded sweatshirt, dark pants and shoes, gloves, and carrying papers in one hand with a bag draped over her shoulder. The subject was outside the views of the cameras briefly, then reappeared and scurried back across the street to the white minivan and sped away. Police ran a background check on Agerter and discovered that he had been in several legal disputes with the defendant, Kathryn Sinkevitch.
Agerter and Sinkevitch were romantically involved until they broke up in March 2016. In April 2016, Agerter was granted an order of protection in Maricopa County Superior Court against Sinkevitch. Records show Agerter made efforts to conceal his new address from Sinkevitch. Police also discovered Michael filed a motion to establish paternity and requested parenting time for his and Sinkevitch's son, who was born in October. Agerter never saw his son before he was murdered, and the paternity results later confirmed he was the boy's father.
During the investigation, police tracked Sinkevitch to a residence belonging to her friend and co-worker. Sinkevitch's gray Mitsubishi Mirage and her co-worker’s white Chrysler Town and Country were parked outside the residence. The van appeared identical to the van seen on Agerter’s home surveillance system. Sinkevitch’s co-worker denied driving to Maricopa during the afternoon of Agerter’s murder. Upon reviewing workplace surveillance video, detectives discovered Sinkevitch was not at work all day as she claimed in an earlier interview. Police confirmed Sinkevitch had ample time to drive to Agerter's house, commit the murder, and return to work. Police arrested Sinkevitch in Avondale, Arizona on December 21, 2016, after receiving a tip. Witnesses told police Sinkevitch owned a handgun, but a gun was never located.
“We agree with defense counsel's assessment that the defendant received a fair trial. As reflected by the fact that they deliberated over 2 days before returning a verdict, it is clear that the jurors took their responsibilities very seriously. However, we disagree that any legal errors were committed during the trial that are likely to result in the defendant's conviction being overturned on appeal,” Jensvold said.
Sinkevitch will be sentenced on June 6, 2019, at Pinal County Superior Courthouse. At that time, she will receive a natural life sentence.
Statement from the Agerter Family:
“On behalf of Mike's friends and family, we would like to extend our sincerest gratitude to everyone involved in achieving this verdict. From the first officer on site that continuously talked to Mike even though it was clear he was gone, through the ranks to Detective Dennison, Deputy County Attorneys David Ahl and Shawn Jensvold, we thank you. The behind the scenes effort, work and support given by Paralegal Christine Forbes and Victim Advocate Sonia Campos were incredibly invaluable to our family throughout this two-year ordeal. The team spent countless hours away from their families so ours would finally attain peace. Also, to the jurors who were tasked with making the painful decision of enacting justice for Mike. He took every legal precaution to protect himself and was trying to do the same for his child. Domestic violence knows no boundaries. Mike's attempt to protect the child he never met escalated her aggression towards him, ultimately leading to his death.”
Grant Funds Will Support Crime Victim Awareness
FLORENCE, Ariz. (February 7, 2019) – The Office for Victims of Crime has selected Pinal County Attorney’s Office for a grant to bring awareness to the public about crime victims’ rights and other services available in the community. As an applicant for the 2019 National Crime Victims’ Rights Week Community Awareness Projects, PCAO was granted up to $5724.00 for community projects proposed in our application. Pinal County Attorney’s Office was one of 92 projects selected among nearly 200 total applicants. The Victim Services Division has twelve victim advocates who answer questions, offer support, and accompany victims to court. Additionally, we work diligently within the community to establish relationships by attending monthly meetings in the county and statewide offering assistance and resources whenever possible. Our office plans to use the grant money to host awareness events on topics like victims’ rights, domestic violence, sexual assault, child abuse, drunk driving, fraud, substance abuse, bullying, and suicide prevention.
In 2017, Pinal County Attorney’s Office victim advocates served nearly 930 victims and provided more than 25,700 services to victims of abuse. It is important that if you are a victim of crime your voice be heard and therefore the Arizona Constitution affords crime victims specific rights. PCAO strongly encourages victims’ of crime to know their rights and the services that are available to them.
For more information regarding victims’ rights, victim compensation, and additional services available to victims please refer to our website at: https://pinalcountyattorney.org/.
PCAO trains with ASU experts on domestic violence app
FLORENCE, Ariz. (December 10, 2018) – Pinal County Attorney’s Office and Arizona State University’s School of Social Work Survivor Link teamed up for a two-hour training on the myPlan app. ASU experts trained roughly 25 PCAO staff, law enforcement and victim advocates on the myPlan app to enhance their interaction with survivors of domestic abuse.
MyPlan app is a personalized safety planning tool for survivors of domestic violence. The app was developed to help women create a safety plan in dangerous situations of intimate partner violence. It combines a danger assessment measuring the lethality and the severity of abuse and a decision aid to encourage survivors to reach out for help.
During the event, Pinal County Attorney’s Office Victim Services and Family Advocacy Center staff went through abuse scenarios. Staff members used these scenarios to learn how to navigate the app and to understand how the tool might be useful for women who are in abusive relationships. According to ASU Post-Doctoral Research Fellow Megan Brown, 28.8% of women report having experienced intimate partner violence in their lifetime.
“Over and over survivors say they are more comfortable sharing their story with the app first,” Brown said.
In 2017, victim advocates provided services to 25,755 people in our county according to Pinal County Attorney’s Office.
Make a Diversion payment on the Pinal County Diversion Payment Portal. At the discretion of the County Attorney, a defendant may participate in the PCAO Adult Diversion Program. This program is administered pursuant to A.R.S. § 11-361 et seq. and is subject to individual eligibility criteria. In this video, Jarrett talks about how he ended up in PCAO's Diversion Program Under this program, a defendant enters a formal agreement that includes his/her admission to the crime and the defendant’s promise to abide by all program requirements. Diversion typically begins before formal legal proceedings commence. Diversion benefits the State and victims by resolving cases in a prompt and efficient manner, saving both time and public funds. Additionally, defendants are more likely to successfully complete diversion programs and have lower recidivism rates than those sentenced to probation or prison. Before a defendant begins Diversion, PCAO calls the victim to discuss the matter. Court proceedings are suspended during participation in Diversion, except for occasional review hearings to confirm the defendant’s progress and compliance with program requirements. Successful completion results in dismissal of the charge(s) and no further prosecution of that matter; while failure to complete Diversion generally results in resumption of the criminal court proceedings and prosecution of the alleged offense(s).
Make a Diversion payment on the Pinal County Diversion Payment Portal.
At the discretion of the County Attorney, a defendant may participate in the PCAO Adult Diversion Program. This program is administered pursuant to A.R.S. § 11-361 et seq. and is subject to individual eligibility criteria.
In this video, Jarrett talks about how he ended up in PCAO's Diversion Program
Under this program, a defendant enters a formal agreement that includes his/her admission to the crime and the defendant’s promise to abide by all program requirements. Diversion typically begins before formal legal proceedings commence. Diversion benefits the State and victims by resolving cases in a prompt and efficient manner, saving both time and public funds. Additionally, defendants are more likely to successfully complete diversion programs and have lower recidivism rates than those sentenced to probation or prison. Before a defendant begins Diversion, PCAO calls the victim to discuss the matter. Court proceedings are suspended during participation in Diversion, except for occasional review hearings to confirm the defendant’s progress and compliance with program requirements. Successful completion results in dismissal of the charge(s) and no further prosecution of that matter; while failure to complete Diversion generally results in resumption of the criminal court proceedings and prosecution of the alleged offense(s).Diversion Flowchart
Download the Victim Compensation Application.
Crime Victim Compensation is a federally funded program that helps victims with medical, dental, counseling, work loss, funeral, travel, and crime scene clean-up expenses. There is an application process for victims of reported crimes in which the victim is physically or mentally harmed. To qualify there has been a report that a crime occurred. Victim compensation is a reimbursement basis program that is on-going until the victim no longer needs financial assistance or the claim reaches a limit. No charges or conviction is required. However, law enforcement must provide enough information to substantiate that a crime occurred. Once an application has been submitted to victim services, a board reviews and determines a victim’s eligibility for the program. Once approved, a victim compensation coordinator will work with victims to obtain documentation that support their loss.
If you would like to know more about the program or your organization requires training on crime victim compensation contact: firstname.lastname@example.org.
Who can receive compensation?
Crime victims or family members of deceased victims who:
- Report the crime to law enforcement within 72 hours
- Willingly cooperate with the investigation and prosecution
- Suffer a physical injury or extreme mental distress
- Have/will have expenses resulting from crime
- Were a victim in Pinal County
Who is NOT able to receive compensation?
- An applicant or victim convicted of a state or federal crime, who is delinquent in paying a court-ordered criminal fine, monetary penalty or restitution.
- An offender or accomplice to the crime
- A person serving (or escaped from serving) a prison sentence, work furlough or home arrest program
What expenses may be paid?
The total award limit is $25,000.
- Medical and dental care, up to $25,000
- Mental health counseling, up to $5,000
- These services may be rendered to both victim or family members of deceased victims, or a person who witnessed a crime or discovered a crime scene.
- Funeral expenses, up to $10,000
- Crime scene cleanup, up to $2,000. This money is only available for homicide, sexual assault, and aggravated assault cases.
- Victim’s travel expenses to court, medical or mental health appointments, up to $2,000.
- Loss of wages, up to $25,000.
These funds may cover lost wages of:
- A victim who is unable to work due to injury or mental distress
- A family member making funeral arrangements
- A victim or family member attending court proceedings or taking a minor child to medical or counseling appointments.
- Loss of support for a spouse or dependent
What is not covered?
- Stolen or damaged property
- Payment for pain and suffering
- Attorney’s fees
- Expenses paid by an insurance plan, public funds or the offender
When should you apply?
- An application can be submitted as soon as the crime is reported to law enforcement. No conviction is required, though law enforcement must provide enough information to substantiate that a crime may have occurred.
- Applications must be submitted within two years from the date of crime or date of discovery of the crime.
- An application may be submitted to establish eligibility even if expenses have not yet incurred.
Victim Compensation Programs in Other Counties:
If you believe the crime happened outside Pinal County, click here for a list of other county victim compensation programs. http://azcjc.gov/victim-services
P.O. Box 1798
Florence, AZ 85132
Phone: 520-866-6805 or 800.208.6897 (ext. 6805)
Pay for a bad check by clicking on the Pinal County Bad Check Payment Portal.
The passing of bad checks is a form of fraud and an offense taken seriously by the Pinal County Attorney’s Office. Even the most diligent of merchants can be the victim of a bad check writer. The Pinal County Attorney’s Office Bad Check Program is funded in part by fees paid by the bad check writer and is FREE to victims and merchants.
This program is provided to help reimburse any individuals or merchants for the losses they incur as the result of receiving bad checks.
This Bad Check Program Guidebook contains all the information you will need to participate in this free service.
See the FAQ below for more information on bad checks.
What should I do if I get a bad check?
If you or your business receives a bad check in exchange for goods or services, fill out a Crime Report (first time victims only), attach the bad check to a completed Witness Form (use a separate form for each bad check), and mail or deliver these materials to our office:
Pinal County Attorney’s Office, Bad Check Program, PO Box #887 Florence, AZ 85132.
If there is sufficient evidence to prove the ID of the check writers, we will take action — including criminal prosecution — to collect the funds you are owed from the bad check writer plus a $25 merchant fee at no cost to you.
What types of checks are NOT handled by the program?
We can only handle checks where the check writer’s identity can be proven. There are also other types of cases that are not handled by the Bad Check Program, such as:
• Stale Checks: Checks that are older than 180 days past the date issued are considered stale and usually are declined. It is preferable that all checks are submitted as promptly as possible.
• Postdated Checks: These types of checks are considered an extension of credit and are inappropriate for prosecution under Arizona law.
• Credit Card Accounts
• Traveler’s Checks
• Health Savings Accounts
• Checks issued, passed or accepted in another county or state.
• Any check for which partial payment has been accepted. Acceptance of a partial payment constitutes an extension of credit or a loan, resulting in a civil defense.
• Checks with illegible, forged, dual or stamped signatures
• Checks that involve civil disputes
What happens to the bad check writer?
Most “first time” bad check writers will be provided an opportunity to avoid prosecution by payment of full restitution and state-mandated fees. If the check writer does not make full restitution, and if sufficient evidence for criminal charges is available, criminal prosecution may be initiated. If the check writer is a repeat offender, or if evidence exists of intent to defraud from the beginning, the County Attorney will attempt to prosecute. Bad check writers face a maximum penalty of 6 months in jail for each bad check; $2,500 in fines, restitution up to twice the amount of the check; and state-mandated collection fees pursuant to A.R.S 13-1807 and 13-1810.
What else can I do to recover funds from a bad check?
We encourage the victims to contact the check writer to resolve the issue of non-payment. We have provided “Demand for Payment” guidelines and example letters you can mail to the check writer. This should be taken prior to contacting the Bad Check Program. For more in-depth information about the Bad Check Program - read our guidebook.
What if I receive payment after submitting a check to the program?
Once a check has been submitted to the Bad Check Program, do not accept payment for the check! Any money sent to you by the check writer should be immediately returned to the check writer or forwarded to the Bad Check Program with a note requesting the money be applied to your specific case.
I’m the check writer - how do I take care of this?
Writing a bad check may result in criminal charges filed, a summons to court, warrant for your arrest and having a permanent record of being a bad check writer. The Bad Check Program may offer you, the check writer, the opportunity to divert this matter from going to court. If eligible, the balance must be paid in full before criminal charges are filed, then this offense may not go on your permanent record. Payments can be mailed into the Pinal County Attorney’s Office, Bad Check Program, PO Box #887, Florence, AZ 85132 We only accept money orders or cashier’s checks. Include your Personal ID (PID) number on all forms of payment. A receipt will be given or mailed to you showing the payment was received and your account credited. Do not pay the merchant(s), or the person(s) to whom the check was originally written.
*NOTE: The Pinal County Attorney’s Office cannot provide legal advice to private individuals. You are encouraged to seek legal counsel of your choosing to resolve any questions or concerns you may have.
I cannot make the full payment at this time. Does your office offer payment options?
Yes. As long as our office has not filed a criminal case against you and this is your first bad check, we offer the option of Diversion. Contact our office to set up a time to come in and sign the Diversion paperwork. Signing the Diversion agreement will set you up on a 6-month payment plan until the amount owed is paid in full. A signed Diversion agreement is a document admitting to the crime but gives you the opportunity to resolve the matter without going to court, as long as payments are made monthly. If one payment is missed, your case will automatically be sent to court and criminal charges may be brought against you.
A case has been filed against me, how do I resolve this?
You have the following options:
• You can pay off the entire balance owed to the Bad Check Program. After the office receives payment in full, the Program will send a dismissal to the Justice Court your case is filed in. You should also contact the Justice Court, as the courts impose their own fines and fees per case.
• Enter into Diversion, pay restitution in full along with all fee’s within the 6-month time frame. Complete 20 hours of community service. The program will send a dismissal to the Justice Court your case is filed in. You should also contact the Justice Court, as the courts impose their own fines and fees per case.
I have received a letter from PCAO, but am a victim of identity theft. How do I resolve this with your office?
Contact our office to let us know you will be submitting the following paperwork verifying that you were the victim of identity theft: police report, notarized letter from your banking institution and any additional information you have received regarding your ID theft. All information must be submitted to our office in a timely manner. We will have a detective review the information for accuracy. You may be required to come into the office to sign an affidavit of forgery. Until you provide the information requested, via email, fax or mail and is verified we will still show this as an open case.