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South Tucson council votes to reopen investigation into pepper-spraying of ICE observer

South Tucson council votes to reopen investigation into pepper-spraying of ICE observer
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SOUTH TUCSON, Ariz. — Community members packed the South Tucson City Council chambers Tuesday night, demanding answers and accountability from officials over recent ICE enforcement actions in the area.

Other concerns raised at the meeting included homelessness, crime prevention, and a proposed 70-foot cell phone tower in the 1.2 square mile city.

The loudest reaction came during discussion of a confrontation involving Tucson Rapid Response volunteer Steven Davis, who says he was pepper-sprayed by a masked federal agent while documenting an ICE operation outside a South Tucson Walgreens in April.

Steven Davis

"We don't like the idea of there being a rogue federal agency kind of not governed by the rule of law operating in our communities," said Davis.

PREVIOUS COVERAGE | DHS responds, observer says he was pepper-sprayed by plain-clothed, masked ICE agent

Davis says he had identified himself as an observer to ICE agents before being sprayed.

Observer says he was pepper sprayed by plain-clothed, masked ICE agent Monday morning

I reached out to the Department of Homeland Security for a statement regarding the development of the matter in South Tucson. Their statement is as follows:

"ICE officers from Tucson, Arizona, deployed MK-9s and administered one-second bursts of oleoresin capsicum spray on protesters who were actively impeding egress from a commercial parking lot at 29th Street and South Sixth Avenue in Tucson on April 6.

The individuals present were not simply observers; they actively obstructed law enforcement operations by surrounding ICE vehicles, using their bodies and bicycles to block movement, and prevent officers from departing. Emergency lights and sirens were activated in an effort to disperse the group, but the obstruction persisted.

Additional ICE team members arrived and physically cleared the group, allowing most units to exit, except for one vehicle that remained blocked as individuals lay down in front of, and behind it.

South Tucson Police Department patrol units responded to the scene and one officer proceeded to direct traffic and another spoke to the protesters. ICE officers identified themselves and explained their presence to police.

The remaining ICE vehicle was able to safely exit the parking lot, and no further incidents occurred during the departure."

South Tucson police previously closed the case, saying the people involved appeared to be federal agents acting in their official duties.

"I want to know who assaulted me. I want to know his name. I want them to investigate the assault. I want ideally, to sit across from this person in a court of law. And if a judge down the road rules that they're immune, so be it. But I want to see the person who assaulted me in court," Davis said.

Steven Davis

Pima County Supervisor Dr. Matt Heinz was at the meeting, but did not speak.

Dr. Matt Heinz

An immigration attorney who joined the meeting by phone argued federal agents are not above state law.

"The law applies to everyone, whether in uniform or not. Purporting to be a federal agent does not shield one from accountability," Luis Campos said.

Pima County Attorney Laura Conover was scheduled to be in attendance, but was not able to attend the meeting because she legally cannot be in the same room as Davis. Mayor Roxanna Valenzuela read a statement on her behalf supporting a legitimate investigation.

"No one is immune from prosecution, if you caused harm and I can prove it, we will call you into court," Valenzuela said.

Mayor Valenzuela also acknowledged that the city's police department has limited resources.

South Tucson City Council

Council members motioned to reach out to neighboring agencies to further investigate Davis's case until the agent who pepper-sprayed him is identified. The vote was met with applause from supporters in the chambers.

I will continue following developments as the investigation moves forward.

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Jacqueline Aguilar is a multimedia journalist at KGUN 9. Born and raised in Yuma, AZ., she is no stranger to the unforgiving Arizona heat. Now this U of A wildcat is excited to be back in Tucson and is looking forward to involving herself in the community. Share your story ideas with Jacqueline by emailing jacqueline.aguilar@kgun9.com or connecting on Facebook, Instagram or X.

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