The Department of Public Safety made no charges against Payson Mayor Ken Murphy following its five-month investigation. The investigation stemmed from allegations of a confrontation between Murphy and Fire Marshal Jack Babb.
However, a list of charges for the county attorney to consider is included in the extensive document. There are five charges listed, only one is a felony --ggravated assault. The others are misdemeanors for assault, disorderly conduct and two for trespassing.
An assault, which by itself is a misdemeanor, can be "intentionally placing another person in reasonable apprehension of imminent physical injury." The "aggravated" aspect is attached when the victim is a public officer, such as a fire marshal, "engaged in the execution of any official duties."
According to Arizona Revised Statutes, aggravated assault is a Class 6 felony, the lowest level of a felony.
The report became a public document upon its completion. It is available, for a charge, from the Payson Police, 474-5242, and the DPS records office, (602) 223-2345. Both offices require formal public records requests.