U.S. House of Representatives Committee on the Judiciary
11/18/2024 | Press release | Distributed by Public on 11/19/2024 10:16
Chairmen Jordan and Biggs Request Inspector General Open Investigation into False Arrest of Arizona Woman
WASHINGTON, D.C. - House Judiciary Committee Chairman Jim Jordan (R-OH) and Chairman of the Subcommittee on Crime and Federal Government Surveillance Andy Biggs (R-AZ) sent a letterto Inspector General Michael Horowitz requesting that the Inspector General open an investigation into the United States Marshals Service' (USMS) carelessness and excessive force during a false arrest of an 66-year-old Arizona resident. The USMS's lack of regard for fundamental due process rights is very troubling and oversight is necessary to ensure similar abuses do not happen in the future.
Excerpts of the letter to IG Horowitz:
"On March 5, 2024, six United States Marshals Service (USMS) agents pulled into the driveway of 66-year-old Phoenix, Arizona resident Penny McCarthy with their guns drawn demanding that she 'get her hands up.' The USMS agents insisted that McCarthy was really a fugitive who had violated probation in 1999 after committing several non-violent crimes. The agents threatened Ms. McCarthy and denied her an opportunity to prove her identity. While the USMS has initiated a review of this apparent misconduct, we write to request that the Office of the Inspector General (OIG) conduct a thorough and independent investigation of this incident.
"From publicly available information, it appears that the USMS violated Ms. McCarthy's constitutional rights during the arrest. After six agents surprised Ms. McCarthy at her home screaming at her to 'get her hands up,' she understandably asked if they had the right individual. At that point, the USMS agents screamed at her to 'tum around,' threatening her 'you're going to get hit.' Video footage shows that Ms. McCarthy cooperated during the encounter, despite threats of being tased. Ms. McCarthy asked to see proof that the agents were law enforcement but the agents denied her request. The agents insisted Ms. McCarthy was a nonviolent fugitive from Oklahoma named Carole Anne Rozak. Ms. McCarthy offered to provide proof she was not Ms. Rozak, but federal agents refused. The USMS booked Ms. McCarthy in federal prison overnight and she was released the next day. A federal judge subsequently dismissed the case shortly thereafter. The USMS only admitted its misidentification after a local news channel conducted a thorough investigation. The body camera footage was not released until six months after the incident through a Freedom of Information Act (FOIA) request. Although the USMS claims it is conducting a review of the actions taken by their agents, an internal review is not enough.
"We are very concerned at both the USMS's carelessness and the excessive force during this encounter. The USMS's lack of regard for Ms. McCarthy's due process rights is very troubling and oversight is necessary to ensure similar abuses do not happen in the future. Part of the stated mission of the Department of Justice (DOJ) OIG is to 'review the programs and personnel' of the USMS."
Read the full letter to AG Garland here.
Excerpts of the letter to IG Horowitz:
"On March 5, 2024, six United States Marshals Service (USMS) agents pulled into the driveway of 66-year-old Phoenix, Arizona resident Penny McCarthy with their guns drawn demanding that she 'get her hands up.' The USMS agents insisted that McCarthy was really a fugitive who had violated probation in 1999 after committing several non-violent crimes. The agents threatened Ms. McCarthy and denied her an opportunity to prove her identity. While the USMS has initiated a review of this apparent misconduct, we write to request that the Office of the Inspector General (OIG) conduct a thorough and independent investigation of this incident.
"From publicly available information, it appears that the USMS violated Ms. McCarthy's constitutional rights during the arrest. After six agents surprised Ms. McCarthy at her home screaming at her to 'get her hands up,' she understandably asked if they had the right individual. At that point, the USMS agents screamed at her to 'tum around,' threatening her 'you're going to get hit.' Video footage shows that Ms. McCarthy cooperated during the encounter, despite threats of being tased. Ms. McCarthy asked to see proof that the agents were law enforcement but the agents denied her request. The agents insisted Ms. McCarthy was a nonviolent fugitive from Oklahoma named Carole Anne Rozak. Ms. McCarthy offered to provide proof she was not Ms. Rozak, but federal agents refused. The USMS booked Ms. McCarthy in federal prison overnight and she was released the next day. A federal judge subsequently dismissed the case shortly thereafter. The USMS only admitted its misidentification after a local news channel conducted a thorough investigation. The body camera footage was not released until six months after the incident through a Freedom of Information Act (FOIA) request. Although the USMS claims it is conducting a review of the actions taken by their agents, an internal review is not enough.
"We are very concerned at both the USMS's carelessness and the excessive force during this encounter. The USMS's lack of regard for Ms. McCarthy's due process rights is very troubling and oversight is necessary to ensure similar abuses do not happen in the future. Part of the stated mission of the Department of Justice (DOJ) OIG is to 'review the programs and personnel' of the USMS."
Read the full letter to AG Garland here.
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