Apparently, Whalen knew trouble was afoot as soon as New Times called to inquire about his arrest, given the bizarre circumstances involving the paper's efforts to reach him for comment.

New Times tried to contact Whalen several times at the phone number listed on Whalen's campaign website, Facebook page, and campaign documents filed with the city clerk's office.

A man answered the phone but insisted he was not Gary Whalen. Moments after that call ended, the man called back. Sure enough, the number popped up on caller ID as Gary Whalen. But again, the man said he was not Whalen and didn't know Whalen.

He did know, however, that Whalen didn't have anything to do with the assault incident.

Instead of coming clean about his January arrest, the man claiming not to be Whalen told New Times that it wasn't Gary Whalen but someone named "Gaby Whalen" who was involved in the January incident.

The unidentified man, clearly Gary Whalen, even faxed a court document to New Times that listed Gaby Whalen as the defendant in the case. He explained that Gaby Whalen was a tenant in Gary Whalen's home.

The caller kept up the charade, even when he was unable to say whether Gaby was male or female, provide contact info for "Gaby," or explain why police arrested Gary Whalen and not Gaby Whalen on the night of January 23.

The man also couldn't explain how his phone number ended up on Whalen's website or campaign paperwork. The caller defended Gary Whalen and said that Whalen's only connection to the incident was that he owns the house where the assault took place.

The police report obtained by New Times states that Gary Whalen showed police his identification and lists Gary Whalen as the individual who was arrested and booked.

The name Gaby Whalen was nothing more than a typo on Phoenix Municipal Court records. A Phoenix Municipal Court summons dated March 3, 2011, indeed lists a "Gaby D. Whalen" as the defendant and orders Whalen to appear in court on March 24 for the assault-related case.

However, Phoenix Municipal Court records show that on March 24, court officials amended the files to fix that error. Subsequent files, including the one that Gary Whalen signed on May 11, in which he pleaded guilty to assault, all list the defendant as Gary Whalen — not Gaby.

Court records also show that Gary Whalen was facing 36 months of probation and 30 days in jail, with 25 of those days suspended if he went to counseling.

Whalen may have thought there weren't any records of his case since part of his plea agreement included a provision that the court would "suspend the entry of judgment and imposition of sentence for a maximum of 365 days," as long as Whalen signed up for counseling sessions in a domestic-violence-diversion program, among other things.

The agreement further outlined that "if the defendant successfully completes the domestic-violence-diversion program, the Court shall not enter the judgment nor execute sentence, but shall set aside this Plea Agreement and dismiss the charge(s) without prejudice."

New Times was able to obtain the police reports and court records because unless files are sealed by a judge, they remain part of the public record — even when plea agreements are reached, judgments are set aside, or charges against a defendant are dismissed.

Whalen is the second would-be candidate this season to withdraw from a Phoenix City Council race after stories of past run-ins with the law bubbled to the surface.

Ben Bethel, owner of the Clarendon Hotel, dropped out of the race for Phoenix City Council's District 7 after New Times' Ray Stern wrote about his 1996 drug convictions.

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What a douche


Nah, no bias here, just reporting. Just for shits and giggles, who was the first?

Going Independent
Going Independent

And who was the first? Headlining a story that" Gary Whalen Is the Second Would-Be Candidate" - and then not saying anywhere who the first was is really bad writing. Sloppy at best.


Russell Pearce would welcome Whalen back into the Republican fold, getting drunk and beating your wife/girl/boyfriend is part of the Republican conservative philosophy.


Is he another Tea Bag party member who rants and raves about "illegals"?


More proof that The Phoenix New Times has bigger journalistic balls that the Arizona Republic. Toothless old nudniks work for the Republic, paper of record my ass!


This is yet another story that no media outlet other than the NT has said a word about! Why not?

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