"I told him he could find that at a later time," one of the police officers wrote in his report, part of the case file. "He replied that it was important that he has the policy so he could call Gerber."

Nothing in the Kemp file makes note of the value of the policy, when it was purchased, or what the family's financial situation was at the time.

That day, when Klix brought up the subject of Kemp's many unsecured guns, he asserted that he knew his Second Amendment rights and would exercise them "to the fullest [extent]."

The hard-to-open "hidden" drawer, where 
James Kemp kept two loaded handguns, 
including the .45-caliber semiautomatic 
Kimber 1911 used to kill his 9-year-old son Dustin.
Florence Police Department
The hard-to-open "hidden" drawer, where James Kemp kept two loaded handguns, including the .45-caliber semiautomatic Kimber 1911 used to kill his 9-year-old son Dustin.
The open "hidden" drawer
Florence Police Department
The open "hidden" drawer

When a police officer tried to get into the same nightstand drawer that Kemp claimed his toddler had opened to get the gun that killed Dustin, the cop had trouble budging it.

"The drawer did not open on my first attempt," the officer wrote in his report. "Mr. Kemp told me that the drawer was difficult to open and had to be opened using two hands on the side of the drawer. [It] was very heavy and awkward to open."

When police arrived on scene, the "heavy and awkward to open" drawer was closed, but there was no explanation regarding who closed it.

A state crime lab report revealed that there was gunshot residue on the father's clothes and on the backs of his hands.

There is nothing in the report suggesting that Klix asked Kemp, who said he had not been to a shooting range for a week, to explain how the residue got there.

Days later, after Dustin's funeral, Klix reported that Kemp stopped by Florence police headquarters to ask her when his guns would be returned to him and whether he would be charged in his son's death.

Then he added a chilling detail to his story.

About Dustin's last words, Klix wrote: "James stated he heard Dustin say something to the effect of [']Where did you get that[?] RJ no.'"

Initially, attempts to have the toddler forensically interviewed failed because of the boy's "inability to communicate," according Klix's report.

Complicating things further, Klix wrote, was Kemp's hostility toward Arizona Child Protective Services, which became involved in the case, and his unwillingness to have R.J. questioned by experts.

Almost a year after the shooting, R.J.'s parents took him to Childhelp in Phoenix, where a forensic interview finally took place.

"Robert stated he shot his brother," Klix wrote in her report. "Robert stated Dustin gave him the gun and they were playing."

But Klix also stated in her report that 10 days before the interview, R.J. told his speech therapist something different.

R.J. told the therapist: "My bird died . . . I killed him."

When the therapist asked him to explain, R.J. indicated that it was his brother who had died, though he was unable to pronounce the word "brother."

Klix wrote, "In his disclosure to his therapist, Robert described shooting his brother and that 'he' [Dustin] gave him two guns."

Ultimately, Klix recommended that the County Attorney's Office charge Dustin's mother with two counts of endangerment, class-six felonies, one count for exposing each boy to his father's unsecured guns.

Because of James Kemp's "numerous reckless actions," Klix suggested stiffer charges: one count of negligent homicide, a class-four felony, and one class-six felony endangerment count for exposing R.J. to the loaded Kimber 1911.

In early 2010, Klix's then-colleague, Tom Clifford, an evidence technician at the FPD, was looking for a case he could use to train a new employee on crime-scene reconstruction.

He utilized evidence related to the Dustin Kemp homicide investigation. He thought that because the case had been submitted to the County Attorney's Office for review, going through the evidence also would help him get ready for a trial, should there be one.

"Within a very short period of time, we realized there was no way to reconstruct the case [because] there were no measurements [of the scene and the body] taken," he testified in September during a hearing convened after two former FPD detectives — Jarris Varnrobinson and Walt Hunter — appealed their December 2012 terminations from the force.

Clifford, a onetime special agent with the U.S. Drug Enforcement Administration, further testified, "We could not reconstruct the ballistics because of the lack of measurements."

One of the major steps in a criminal investigation is documenting where "all the items of evidence are, measurements to reconstruct ballistics, the angles," he stated during the hearings.

The Dustin Kemp investigation also was deficient in other respects.

"We needed multiple photos to show the whole scene, and, unfortunately, the photos were minimal in the area where the shooting occurred," he said.

Clifford explained that he brought his concerns about the case to then-FPD Chief Robert Ingulli, who headed the small department of about 30 officers from 2000 until July 2012.

The evidence tech said he wanted to make sure prosecutors were aware of the investigative mistakes before taking the case to trial. Additionally, he hoped to "remedy the deficiencies" in the case.

He said the chief agreed that the case must be reviewed.

Clifford testified: "[Ingulli] did express to me, 'How could a child shoot that gun?' That was his major concern. He wanted an answer to that. He's the one who initiated these inquires into the evidence."

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41 comments
racheljones10050
racheljones10050

People! Please watch the channel 12 investigative report on Police Chief Bob Ingulli leaving the Town of Kearny uncovered. AZPOST: Ingulli lied to the reporter. Check the record.

http://www.azcentral.com/video/#/News/Shipman+fire+triggers+questions+about+public+safety

Walt Hunter sits in the Detective office with Jarris Varnrobinson for 3 years after this investigation closes without saying a word. Chief Robert Ingulli approves the original report. Now suddenly they are all three fired, and everyone is super cop. Bob Ingulli hired Terry Tryon as his Sergeant and then his Lieutenant after testing results led to other applicants. Why did Chief Bob want Terry so bad as his lieutenant? Chief Robert Ingulli promoted officer Klix to Detective. Chief Igulli was the one who changed the promotion rules to allow him to promote officer Scott Morris to Sergeant after only one year at the department. Now Chief Bob Ingulli is running around delivering this article to his "supporters" in Florence. The same "supporters who did not vote for him in the Sheriff's election. Those of you who know, you know.

king181465
king181465

you all are full of so much shit I really hope ur life kills u slow and in so much pain wat a bunch of low life people wit no lifes get a life and focus on ur lifr instead of others

palelittlechicken
palelittlechicken

I don't buy it. 

Sounds like a dick issue. Or a whitepeacock slave-ish mentality.


simmonee
simmonee

Great story! Can't wait for part 3.

fbiguy86
fbiguy86

If I were Mayor Tom Rankin, I'd be shitting a sahuaro!

Jukes
Jukes

This article is stomach-wrenchingly hideous.  But I thank Phoenix New Times for covering it when new outlets with far more resources have looked the other way.  The Federal Justice Department needs to expand its work to Pinal County. 

hurricaneric
hurricaneric moderator

Via voicemail:

From:  Reverend Oscar Tillman, head of the Maricopa County NAACP.

Having spent 23 years in law enforcement, retired as a law enforcement superintendent, I really appreciate Monica Alonzo and Stephen Lemons for what they are doing on the Florence Police deal.

It's 2013, nearly 2014, and we're still dealing with stuff that I grew up with in the deep south, in Lemons' Territory, in the 40s and 50s, and we're still seeing that type of corruption going on.

I really truly thank you for those articles. All I can say is, keep up the good work the New Times has done for my 28 years here.


FlorenceStudent00
FlorenceStudent00

The next investigation needs to be the Florence School District. Starting with the suspension and return of Mrs. Valencia, the head coach of the varsity cheer team, and her inappropriate behavior with her male students

FlorenceGrad
FlorenceGrad

I was a junior at Florence the year of the Flats party.  Your story only tells a little about that mess.  Officer Tryon is married to Mr. Jimenez's sister.  The football player is the nephew of the Principal who lead the investigation?  The cheercoach is Mr. Jimenez's daughter.  The one cheerleader who assisted is the oldest daughter of a board member.  The Athletic Director at the time, later got fired for send pictures of his penis to the boardmember, the mother of the cheerleader.  The cheerleader used to brag about how her mother was dating  the  MARRIED Athletic Director.  Mr. Brannon's wife used to be a helper at school, but he got fired.  She will not tell us why.

G Paul Hudak
G Paul Hudak

C'mon guys, why in the world would a police department be required to investigate a crime? Cut them some slack.

eric.nelson745
eric.nelson745 topcommenter

I cannot understand how any investigator, no matter how naive or incompetent, would believe Kemp's story.

kessieb
kessieb

What amazes me is that Kemp's wife stays with the scumbag who detectives and a prosecutor say killed her sweet, little child.

hurricaneric
hurricaneric moderator

Via e-mail feedback:

SUBJECT:
Great Story!
 

Again, great story, "How Florence Police Sabotaged Investigations of a Child's Slaying and of a Teen's Rape".  Keep up the good work!


Laurie Ann Hunter
Lincoln California

scott14nx05y
scott14nx05y

Whores have sex.  Drunk whores get raped and have sex.  Why should I care?  The girl is obviously a whore.  She is 22 with 2 kids and two different baby daddies.  No one forced her to go there and drink.  She totally got what she deserved.  I only wish there had been better video of it for me to see. 

InjusticeForAll
InjusticeForAll

Please visit the page: http://www.Facebook.com/InjusticeToAll

and join us on Twitter: @InjusticeToAll

Please share this with your friends, family and those that want to end the corruption and scandal within the Town of Florence... aka the hub of law enforcement within Pinal County. Get the Justice Department to intervene!

Pamela
Pamela

I still think a similar investigation at Arizona US Marshal's office, US Marshall David Gonzales would be enlightening!  I wonder what his "close friend" (tee-hee-hee) at KPHO TV5 would think?  I am amazed how close of "friends" they have become.  Tee-hee-hee!

martindee123
martindee123

That poor little boy! II wouldn't be able to sleep at night if I were Lieutenant aTryon and

Detective Klix. And when you stand by and let your son's friends abuse a young girl, you're no man at all.

dogbiter
dogbiter

Great story! A couple of people need to go to jail, but will they? In Arizona and especially in Pinal County, it's doubtbul. I pray the feds are watching.

InjusticeForAll
InjusticeForAll

@racheljones10050 Ms. Jones or Mrs. Tryon; whatever your real name maybe,  you have made several factual errors in your statement. I guess who you actually are doesn't really matter, but don't rely on rumors, know the areas you are speaking about! 

1st: The fire incident you speak of did not occur within the town limits of Kearny,  this occurred within Pinal County Sheriff's Office jurisdiction (please review jurisdictional boundary maps). Kearny Police Department had an officer that was actually the first responder on scene, and provided the responding Deputies with the equipment they needed to secure the area. The Town of Florence even has area that is classified by zip code as Florence, but is within the jurisdiction of the Pinal County Sheriff.  (Again please review jurisdictional boundary maps, as I have done!)

2nd: Detective Varnrobinson wasn't in the Detectives unit when the desert rape occurred. If I remember correctly he wasn't a Detective until April 2008. 

3rd: Based on court documents, hearing documents and town documents, Detective Hunter made his initial complaint on Tryon as soon as he found out about the evidence being given away. This complaint and the next were ignored by then Town Manager Himanshu Patel, whom was recently fired by Pinal County,  just as he ignored complaints against Tryon which was made by another detective, a couple sergeants and several members of the patrol staff. 

4th: Tryon reviewed and signed off on the report of the desert rape not Ingulli. Wouldn't you say that was a conflict of interest, being Tryon was related to and personal friends with several persons involved with and associated to this travesty? 

5th: Tryon was promoted to the rank of Lieutenant at the insistence of Patel. Due to numerous  written reprimands which showed Tryon to be incompetent in the position, Ingulli  attempted to demote him but once again he was protected by Patel. Tryon graduating with just a GED and no formal college education does not meet the standard qualifications, upheld by most every police agency in Arizona, necessary to hold the position of Lieutenant, even after completing a 'simple' ten week command school, which is not equal to any degree given by an accredited university.  All of this verifiable, so please take the time to verify, as I have done and the New Times. 

What is notable is that you never deny that Tryon gave away evidence which constitutes felonies on his part. In summary, you can attempt to convolute the issue by talking about a fire, or when a formal complaint was made or when Sgt. Morris was promoted; none of it diminishes the fact Lt. Tryon committed several felonies and Det. Klix botched several serious investigations all which were ignored by the former and current administration of the Town of Florence. 


If you have any other statements or questions, please don't hesitate to visit my personal facebook page SeekJusticeArizona, or even visit my just cause page under InjusticeToAll. I care about my Town of Florence, which is 'Our' Town of Florence, and allegations of the nature presented by any media source should be taken seriously and investigated, without the interference of the Florence 'Good Ol' Boys'! 
-I, Seek Justice

JusticeWaiting
JusticeWaiting

@racheljones10050 First of all your information is not correct.  Ingulli did not want Tryon promoted.  In fact, Terry cried to town hall after he got word he asnt going to be promoted, and then all of the sudden, BAM hes promoted.  Town manager Patel made that decision, not ingulli.  Patel took most if not all power away because he wanted the control over what happened, possible due to Rankins influence.  Klix was promoted to detective because nobody else wanted the position or tested.  In fact when klix tested she was beat ou by Lewis.  He was promoted then Kilx was placed into the division once a thrid spot was opened.  Ingulli went down the order of scoring, she did not score very well but was still second.  Many more facts I do not care to discuss but you are not correct in your information, I can promise you that.  Tryon is a dirty cop and will alwasy be

jstone
jstone

@FlorenceStudent00 Everybody knows that was a lie.  Mrs. V was targeted by one of her own cheerleaders who didnt get her way.  That cheerleader should be ashamed of herself.  She has since graduated.

JusticeWaiting
JusticeWaiting

@FlorenceGrad Youre facts about certain relationships are correct, however Mr. Brannon did nothing wrong in this matter, he only followed directions.  Not sure why you felt it necessary to mention him at all when it seems you are trying to put more dirt on the Tryons.  The girls mother was not dating the athletic director either.  Your facts should be in order before you speak.  Yes, my facts are in order and I know tons more about this than you ever could.

Jukes
Jukes

@G Paul Hudak Yes, it sounds to me like they see their job as covering up crimes, not investigating them. 

JusticeWaiting
JusticeWaiting

@scott14nx05y You sir are a complete idiot.  How about you meet me somewhere and you can get what you deserve.  No girl deserve this and she was fed alcohol by these morons with no class.

kessieb
kessieb

Now here's an enlightened comment from a future inmate of the Arizona Department of Corrections. Guess the name of the rapist New Times decided not to use in the story is yours, eh? Squeal like a stuck pig, scumbag! We all know who you are.

Jukes
Jukes

@MaskedMagician1967 It sounds worse.  I doubt this many MCSO employees are related to the criminals they're investigating (to use a term loosely).  Although I suspect their desire to cover up situations that would cause them a lot of work or bring negative attention to the community is equally zealous. 

martindee123
martindee123

What's David Gonzalez got to do with this, stupid? Doubt he's done anything remotely as bad as this, tee hee...

tucker.tom74
tucker.tom74

@dogbiter I doubt the feds care.  Could you imagine if they had to investigate every little corrupt and incompetent police department in AZ?  They would actually have to work and the political fallout would be too much.  I'm glad the folks at the New Times have the courage to address stories like this.  Maybe Dustin and that poor teen will get some justice at some point. 

JusticeWaiting
JusticeWaiting

@InjusticeForAll @racheljones10050 What is also forgotten and not mentioned is how Klix and Tryon covered up the tehft of a church bell, stolen by a former police employee who happens to be Kilx's best friend.  None of htis was ever mentioned, why not?  Point is Tryon, Klix, Hughes, Morris, and a few others are dirty as hell and they need to be dealt with.  Rankin has controlled this town for way too long, council memebrs adn town folk are scared shitless of the man.  I dont see why, hes a skinny pencil neck twig with no backbone.  Unfortunately his dear wife who is as lovely as can be is affected by this mess.

jjcban123
jjcban123

@jstone @FlorenceStudent00 It wasn't a lie. I witnessed texts between Nick Brown and Mrs. Valencia. It's not like it was the first time she had been inappropriate with a male student anyway. Lucky for her, her daddy is in charge and easily made this "lie" go away

Flyer9753
Flyer9753 topcommenter

@JusticeWaiting @scott14nx05y 

Don't waste your time Justice... Scott will end up in jail shortly with that attitude and he will then find out first hand what a 'deserved rape' is


MaskedMagician1967
MaskedMagician1967 topcommenter

Jukes, it wouldn't surprise me to find out that a lot of MCSO employees are bad. Some of them are professionals who want to do their job and make it home to their families.

I believe Maricopa and Pinal Counties need to be put in receivership.

fbiguy86
fbiguy86

I'm not so sure about that... Easy pickins for them in Florence.

 
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