Letter Regarding Hounshell

By Criss Candelaria, Apache County Attorney

I have been asked by community leaders and citizens residing within the Navajo Nation about the circumstances surrounding Brian Hounshell's removal from the office of Apache County Sheriff. Their legitimate questions arose out of a concern that they might not have the benefit of a full and accurate account of those circumstances and a desire to better understand the facts. For example, contrary to some inaccurate rumors, I was not responsible for Mr. Hounshell's removal from office. Once I explained the investigatory and prosecutorial process and my actual role in it, the misunderstanding was cleared up. Presumably because others might similarly benefit from a full and accurate account, they suggested that I share the facts with all of you.

Four different persons within the Apache County Sheriff's Office: 2 high ranking officers, another sergeant, and a civilian employee reported numerous incidents of alleged misuse of county equipment, personnel, and other resources to the Arizona Attorney General's Office in Phoenix, Arizona. The Attorney General began its independent investigation and based upon the evidence uncovered in its investigation, obtained a number of charges against Mr. Hounshell from the state grand jury. The written reports of the Attorney General's investigation are public records and upon request, any citizen is entitled to inspect them for the details of the offenses. As the case was going through the court system, it became apparent that there were other charges and other persons who may have been involved with Hounshell in the alleged misuse of public monies. With the consent and financial backing of the Apache County Board of Supervisors, I obtained the services of former Arizona Attorney General Grant Woods. We recommended Mr. Woods' retention based upon many considerations, including his distinguished career, experience, and expertise as the State's chief law enforcement officer. Maybe most importantly, Mr. Woods would be able to conduct a thorough fair and impartial investigation free of the appearance of bias that might otherwise taint an investigation conducted by others, including my office. Mr. Woods was authorized and directed to use his independent judgment to proceed freely and to follow the evidence to whoever and wherever it might lead him. This included pursuing any criminal or civil case that in his judgment was justified by his investigation.

After Mr. Woods was retained, I had no participation in his work. I was determined to stay out of the way and let Mr. Woods do his job as he saw best. And that is exactly what I did. Mr. Woods did not seek input from me about any aspect of his investigation nor did I give him advice about how to proceed. I would not and could not because of the conflict of interest I have already mentioned to all of you.

Mr. Hounshell was eventually charged with conspiracy and other charges including misuse of funds, fraud, and theft. These serious charges exposed him to over thirty years in prison if he had been convicted of all of them at trial. Rather than face trial and the possibility of spending so much time in prison, he chose to plead guilty to one of the charges. Criminal defendants routinely and voluntarily choose to plead guilty for a variety of reasons. I do not know all the reasons why Mr. Hounshell plead guilty in this matter. I do know, however, that the law does not allow a person to plead guilty unless the judge is convinced that the person truly is guilty and that there is evidence that proves he is guilty. I do not have copies of Mr. Woods' investigation documents. However, I have called him and made special arrangements for any citizen who would like to study his files to do so. After all, the file is a public record and anyone is entitled to look at it.

The rules of ethics that all lawyers must follow prevented my office from any prosecution of Mr. Hounshell because the Sheriff's Office is client of the Apache County Attorney. I had a conflict of interest. In fact, I represent all of the county agencies and therefore can not ethically prosecute elected officials or the heads of those departments. I am their lawyer. My role is to provide legal advice to them.

My job is to fight crime. It is to protect all victims of crime. When I can not do that job for ethical reasons, then I am required to refer it to someone else who is not constrained by the ethical considerations and conflict of interests that in this instance limited my ability to fulfill my obligation to investigate and prosecute suspected criminals. I can't ignore suspected crime simply because it implicates a person who is an elected official or who is popular with one or another constituency I have not, will not, and can not fulfill my sworn duties if I allow such considerations to influence my judgment and prosecutorial decisions. I am confident that all the people of Apache County agree that there is no place in the County Attorney's Office or for that matter, any other public office for an elected official who lacks the courage to do what is right rather than what may be politically expedient.

I am convinced that I did the right thing in recommending the retention of Mr. Woods. I now know the facts which supported the charges against Mr. Hounshell to which he plead guilty. While I had no control over either Mr. Woods or the final outcome of the case, I know that Mr. Hounshell's guilty plea is a clear and undeniable admission of criminality and of having abused those who trusted him and the voters and taxpayers who supported him.

© 2008 Criss Candelaria