Apache County Attorney Michael Whiting indicted by grand jury: Arizona AG

PHOENIX - The Arizona Attorney General's Office announced on Aug. 20 that the County Attorney for Apache County has been indicted by a state grand jury.

"Apache County Attorney Michael Whiting has been indicted on several felony and misdemeanor counts, including harassment, sending a threatening or anonymous letter, misuse of public monies, theft, conflict of interest, and stealing, destroying, altering, or secreting public records," the AG's Office wrote in a statement.

Whiting was not the only person charged, according to officials, as his aide, Daryl Greer, was "indicted on two misdemeanor and two felony counts, including misuse of public monies, harassment, and sending a threatening or anonymous letter," and Whiting's wife, Apache County School Superintendent Joyclynn Whiting, was charged with "one felony count of misuse of public monies and one felony count of conflict of interest."

In June, we reported that Whiting was involved in an investigation, and that a search warrant was served at the Apache County Attorney's Office by investigators with the Arizona AG's Office.

The indictment also provided additional details on the incidents involving the Whitings and Greer.

Harassment

Per the indictment, Greer is accused of driving to a man's home in Laveen on March 7 and taking a picture of the man's vehicle, while Whiting is accused of making public records requests for voter information and recorded documents from the Maricopa County Recorder's Office for the man's wife, as well as anyone at the home.

The man, per the indictment, was attempting to get on the ballot for Apache County Superintendent of Schools, and on March 17, Greer and another person approached that man while he was collecting signatures to qualify for the ballot in St. Johns. While the two acted like one of them was going to sign the petition, the other one "hit the clipboard out of [the man's] hands and pushed him in ther chest, telling [the man] that ‘Michael Whiting is just getting started with you.’"

Documents we obtained from the Apache County Elections Department indicate that the man wanted to get on the Democratic primary ballot for Apache County Superintendent of Schools. Official results of the 2020 General Election in Apache County listed Whiting's wife as a Democratic Party candidate for county school superintendent.

The indictment states that on or around March 22, the man received an envelope via priority mail that contained "over 190 pages of an anonymous letter threatening legal action, including criminal charges" that claims the man was not a resident of Apache County, as well as form for his to complete a candidacy withdrawal by April 1, with an indication that should the man fail to withdraw his candidacy by the deadline, he would face legal action.

"The letter [the man] received threatened that if he did not withdraw from candidacy by April 1, 2024, documentation attached to the letter would be forwarded to the Arizona Attorney General's Office, Arizona State Board of Education, Arizona Secretary of State's Office, FBI, Navajo Nation agencies, School Board Members of Apache County, and local newspapers, but did not mention the Apache County Attorney's Office," a portion of the indictment read.

The man, per the indictment, withdrew from his candidacy on March 28, citing "coercive tactics" by Whiting and not wanting to subject his family to further harassment.

Misuse of Public Monies

As for charges of misusing public monies, Whiting is accused of authorizing Apache County to pay for duplicate orders, which created a credit with a printing store amounting to over $5,400. By December 2023, the credit was allegedly used for a t-shirt order for Whiting's wife.

Meanwhile, the indictment states that Whiting's wife allegedly made an authorization of payment, using School Superintendent funds, for a 2023 Ford Expedition in the amount of $79,999.88. The vehicle was then assigned to the Apache County Attorney's Office, and used primarily by Whiting himself.

Greer was also accused of using an Apache County credit card, without authorization, to buy over $8,600 in fitness equipment on two occasions in February 2024. The equipment was later delivered to the Apache County Attorney's Office.

Theft

Per the indictment, Whiting is accused of trading in a 2020 Toyota vehicle assigned to the Apache County Attorney's Office in September 2022 for a 2022 Toyota vehicle. The 2022 vehicle cost $9,999, which was paid from a pending forfeiture account.

"Money in the pending forfeiture account belongs to the owner of the seized funds until a court declares that the funds are to be forfeited," read a portion of the indictment. "There is no record that these pending forfeiture funds of $9,999.00 were adjudicated."

On another count, Whiting is accused of using $500 in the pending forfeiture account to pay a deposit for a 2021 Ford Expedition at a dealership in Henderson, Nev. The deposit was later refunded via check, but the check was deposited into the Apache County Attorney's Office's RICO account.

In a statement, Arizona Attorney General Kris Mayes says, "Public officials are entrusted with the responsibility to serve their communities with integrity and honesty … These are serious allegations, and my office is committed to ensuring a thorough and fair legal process as we pursue justice for the people of Apache County."

Arizona attorney, Apache County residents react to allegations

A day after the indictments were announced, we spoke with trial attorney and public ethics activist Tom Ryan about the allegations.

Ryan said his jaw hit the floor when he read the indictments.

"I have seen a lot. I have never seen anything like this," Ryan said. "This was outrageously crazy. To have someone who is the chief law enforcement officer of one of our 15 counties, engage in this kind of misconduct–it’s not just disappointing, it’s disgusting, and as Kris Mayes and her office have determined, it’s criminal."

Josh Jeffery, who lives in Apache County, said the community is outraged over the allegations.

"His actions are completely unbecoming of the office that he holds," Jeffery said.

Per reports by the Associated Press, Whiting's attorney, who they identified as Bruce Griffen, said on Aug. 21 that he was still evaluating the indictment, and had no immediate comment. Griffen said it’s his understanding that Whiting's wife doesn’t have a lawyer yet.