Phoenix Police sergeant fired after anti-ICE protest investigation

Phoenix police fire sergeant over protest conduct

Phoenix Police Chief Matthew Giordano fired Sgt. Dusten Mullen following a controversial encounter with student protesters in Chandler.

PHOENIX - A Phoenix police sergeant under scrutiny for showing up to an anti-ICE protest led by high school students back in January has been fired by the chief. Dusten Mullen was masked, armed with a handgun, and told Chandler officers that he wanted teens to assault him so they could be arrested. 

Chief Matthew Giordano announced his decision publicly on May 14. Mullen had been on paid administrative leave since April 10—days after the first report titled "Badge Unmasked." This is a major statement made by Phoenix police as Giordano says it is essential to address misconduct swiftly and fairly.

"My plan is legitimately to just let them all assault me and you guys arrest them all, and I will keep it on film, and I also have other people filming from a distance, so my goal would be to get all these kids in jail if they want to break the law," Mullen said.

The backstory:

It is this statement, captured on Chandler police body camera footage, that has fueled controversy sparked by then-Phoenix police Sgt. Dusten Mullen. He was off-duty at the time with his face fully covered, wearing a Trump 2024 shirt and armed with a handgun and extra magazines. Students protesting ICE near Hamilton High School on Jan. 30 did not agree with Mullen’s stance. Mullen was a community action sergeant for the Phoenix Police Department's South Mountain Precinct, serving the department since 2008. In his last performance review, he was described as an "experienced, professional, and dedicated leader."

What they're saying:

Now Giordano has terminated him for what happened at the protest. In his statement, Giordano says in part, "Discipline is not about punishment – it is about correcting behavior. When behavior can be corrected, we take that path. But when an employee’s conduct is so serious that continued employment might no longer be viable, the matter proceeds through the Loudermill process." Giordano went on to say, "Community trust is not something we are owed; it is something we earn every day."

What is the Loudermill process?

The Loudermill process is known as a pre-termination hearing, which happened on May 11. In a civil lawsuit filed by Mullen against the city, his attorney argues that the internal investigation was rushed and influenced by political pressure and media coverage, claiming this is retaliation against protected free speech. During the confrontation with students, one teen girl splashed Mullen with water. He wanted to press charges, yet the Maricopa County Attorney declined to prosecute her for assault and disorderly conduct.

The other side:

Mullen’s attorney, Steve Serbalik, responded to the termination decision, saying, "Sgt. Mullen is disappointed by this decision but not surprised. While we hoped that City of Phoenix and Chief Giordano would conduct a 'thorough and fair investigation' – that is not what occurred."

What's next:

Mullen’s attorney also filed a motion for a temporary restraining order and preliminary injunction to stop the firing, but the chief made his decision. Mullen wants an evidentiary hearing back in federal court. He may appeal the decision through the Civil Service Board.

Dusten Mullen (file)

Phoenix Police Chief Matthew Giordano's statement

"Since becoming Chief of the Phoenix Police Department, I have been clear about the standards of accountability and professionalism expected of every member of this department. Discipline is not about punishment--it is about correcting behavior. When behavior can be corrected, we take that path. But when an employee’s conduct is so serious that continued employment might no longer be viable, the matter proceeds through the Loudermill process.

That process happened this week with Sergeant Dusten Mullen. His actions raised significant concerns about judgment and professionalism. Although he was off duty and not in uniform, the oath we take binds us to a higher standard. After thorough consideration, I made the decision to terminate his employment.

Community trust is not something we are owed; it is something we earn every day. We strengthen that trust through transparency, accountability, consistent expectations, and meaningful engagement with the people we serve. Addressing misconduct swiftly and fairly is essential to maintaining that trust."
 

Statement from Mullen's attorney, Steve Serbalik

Mullen's attorney, Steve Serbalik, released a statement to FOX 10 moments after his client was fired. 

"Sgt. Mullen is disappointed by this decision, but not surprised. While he hoped that the City of Phoenix and Chief Giordano would conduct a "thorough and fair" investigation - that is not what occurred. It will now be up to the Court to protect the rights of Sgt. Mullen and other members of AZCOPS. We look forward to a fair venue to address these issues."

Phoenix Police sergeant fired after anti-ICE protest investigation

The Phoenix Police Chief has fired a sergeant who was caught on camera wearing a mask at an anti-ICE student protest in Chandler, saying his actions shattered the department's standard of professionalism.