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"No foul play" in ex-SVPD cop's death by hanging; more details released, uncovered

Public confrontation with fellow student’s husband 4 hours before suicide -

2015 Internal Affairs findings led to resignation, dismissal of many drug cases -

TUCSON - Authorities have confirmed that no foul play was involved in the death of former Sierra Vista police officer Mike Mitchell, who died by hanging October 3, and that all investigations are closed.

In the official autopsy report issued last Friday, the Pima County Medical Examiner’s Office confirmed its preliminary finding that Mitchell's death was a suicide. The report also notes there was no indication of other trauma that may have contributed to the cause of his death.

Also released last week was a 20 page report from the Marana Police Dept. detailing their agency’s response to a 911 call from Mitchell’s home at 2:02pm, after an aunt of Mitchell’s wife discovered the former officer hanging from his neck in the walk-in closet off the master bedroom. Mitchell was seen alive by the aunt at 1:30pm.

INVESTIGATIONS, RESIGNATION AND DEATH A YEAR LATER

Mitchell worked for the Sierra Vista Police Dept. from March 2004 until October 2015 when he resigned at the conclusion of an internal affairs investigation which sustained 11 complaints about his conduct with a female informant. According to Sierra Vista PD Chief Adam Thrasher, the internal affairs review which started in July 2015 also led to a referral to the FBI for investigation of possible criminal violations.

Thrasher confirmed last week that he received a status report from the FBI prior to Mitchell’s death, but said “I am not able to provide any details of their investigation.” When reached by phone for a status, neither the FBI nor the U.S. Attorney’s Office would comment about whether Mitchell, age 39, was under federal investigation at the time of his death.

According to the Marana PD documents, officer Renee Huerta was the first responder on scene. She found the 195 pound Mitchell - dressed in shorts, a sweatshirt, and athletic shoes - slumped against clothes in the closet. When Huerta lifted the body up she observed a “necktie wrapped around his neck and tied to the closet rod above him.” The officer cut the tie away near Mitchell’s neck and then placed him on the floor.

The reports indicate Mitchell’s body was warm but he was not breathing and had no pulse. Huerta performed CPR until Northwest Fire District paramedics arrived to take over resuscitation attempts. Despite their efforts, Mitchell was pronounced deceased at his home at 2:21pm.

CONFRONTATION AT SCHOOL, SAME DAY AS SUICIDE

Earlier in the day Mitchell was involved in a public altercation at the Pima Medical Institute (PMI) in Tucson where he was studying physical therapy. Witnesses say the incident occurred mid-morning when the husband of a 26-year old female student entered a classroom and confronted Mitchell about his relationship with the man’s wife.

The female student described herself to this reporter as “a good friend” to Mitchell, who “confided in me a lot” about his life and the challenges he was facing. Following the classroom incident, the woman says she called Mitchell around Noon to ensure he was okay. They spoke for several minutes, and although Mitchell mentioned he might drop out of class, she insists he did not sound distraught or give any indication he would soon take his life.

Mark Rubin, general legal counsel for Pima Medical Institute, stated in a phone interview that “due to student privacy concerns” he could not comment about anything that may have happened on campus October 3.

WIFE NOTED UNUSUAL ROUTINE IN DAYS BEFORE DEATH

The Mitchell family moved to Marana in December 2015, shortly after the house was purchased by one of the wife’s relatives. The aunt - who moved in with them in March - told officers she was downstairs “when Michael arrived at 1:30pm, his usual time, and went directly upstairs.”

Mitchell was to pick up his children from school, but at 2:00pm the aunt realized he had not left. Thinking he may have fallen asleep, she went upstairs where she found him in the closet. The woman tried to lift him up but could not support his weight. She then called 911, followed by calls to Mitchell’s wife and the wife’s brother.

His wife told a Marana detective that Mitchell normally picked up their children from school, but in the two weeks before his death “he didn’t leave on time.” She described this as “unusual for Michael because he was very punctual.”

TESTIMONY IN 2003 FEDERAL CASE; FAILURE TO TESTIFY IN 2016

Prior to his hire by Sierra Vista PD, Mitchell was a peace officer in New Mexico where he was shot during a 2001 SWAT incident in which his partner was killed. Then in 2006 he was involved in the fatal shooting of a woman during a domestic disturbance call at the Blue Horizon Motel in Sierra Vista.

In June of this year Mitchell was a no-show at the Cochise County Superior Court after being subpoenaed by the attorney for Jeffrey Rife, a prison inmate seeking to overturn a 2010 conviction for drug sales - one of Mitchell’s cases. Instead of appearing as ordered, Mitchell submitted a letter to judge Wallace Hoggatt asking to be excused due to “severe PTSD symptoms and severe anxiety disorder.”

Mitchell wrote that he was taking “heavy anti-psychotic medication” and was concerned being questioned by attorneys in a courtroom would “trigger flashbacks, hallucinations and disassociation.” The hearing was held without Mitchell, whose credibility as a witness was central to Rife’s effort to have his conviction overturned.

It was not Mitchell’s recent conduct that called his credibility into question, but rather his previously undisclosed 2004 admission that while in New Mexico he unlawfully accessed National Crime Information Center (NCIC) databases and illegally shared the information with ex-FBI agent Jeffrey Royer.

Within months of joining the Sierra Vista PD, Mitchell testified in New York City about his misconduct in the federal trial of Royer and stock manipulator Tony Elgindy.

Judge Hoggatt determined the defense had a right to know about Mitchell’s unprosecuted felony conduct and that the prosecution and police failed to disclose that to the defense – a Brady violation. Rife’s conviction and seven year prison sentence were vacated in August, and Rife was released from prison a few days after the county attorney’s office decided not to retry the case.

THE “COP’S COP” QUITS AFTER 11 VIOLATIONS SUSTAINED

In a May 2014 performance review, then-police chief Tom Alinen cited Mitchell for being “a cops cop” and “one of the best producing officers” in the department. He held the rank of corporal and worked as a K9 handler and member of the department’s Community Response Team (CRT) which concentrated on drug crimes.

Mitchell went on medical leave shortly after he was placed on administrative leave in July 2015 for the internal affairs investigation. This limited the City’s ability to contact him or have him participate in trials. At that time the Cochise County Attorney’s Office announced it had dropped charges in more than a dozen pending cases involving Mitchell as a key witness.

On October 29, 2015 Mitchell was notified of the internal affairs findings which included policy violations for removing evidence from a vehicle, and having an inappropriate relationship with the informant. Mitchell was advised that the City was moving to terminate his employment. The next day he submitted a resignation letter dated October 28.

Mitchell voluntarily relinquished his state peace officer certification in January 2016.

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Contact reporter Terri Jo Neff at 520-508-3660 and cjw_media@yahoo.com

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