| On March 12, 2015, police in Scottsdale, Arizona, pulled over 31-year-old Antonio Herrera for speeding. Herrera was also given a Breathalyzer, which came back negative for the presence of alcohol. He was then arrested and charged with driving while impaired. Later, Herrera’s blood was drawn and tested for the presence of controlled substances.
Herrera pled guilty to driving while impaired in Scottsdale City Court on April 7, 2015. He received a fine and was sentenced to a day in jail.
In September 2019, Scottsdale hired Shawn Fuller as the city’s prosecutor. Shortly after his hiring, Fuller heard a rumor that the prosecutor’s office was not disclosing exculpatory lab results to defendants. He began an audit, and found several instances where defendants had pled guilty without knowledge of exculpatory lab results.
One of those cases was Herrera’s. His conviction was vacated and the charge was dismissed on November 21, 2020. Another defendant, Vincent Marez, was also exonerated based on similar circumstances.
Several Scottsdale judges wrote a letter to the Arizona State Bar in November 2019, asking the agency to review the actions of prosecutors, whom they said had received the results of the lab tests prior to Herrera and other defendants entering pleas. The result of that inquiry isn’t known.
After Fuller completed his audit, the city fired him for gender discrimination in early 2020. Fuller sued the city, claiming his termination was actually in retaliation for the audit and actions he took in response to the audit’s findings. A jury awarded him $5.25 million in May 2024.
– Ken Otterbourg
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