Staff Reports
SAFFORD — A Graham County Sheriff’s Office deputy arrested a man Saturday afternoon after he allegedly fled on a black-and-white ATV, initiating a brief pursuit through a residential area near State Route 366.
According to a report from the Graham County Sheriff’s Office, the incident occurred around 12:30 p.m. on March 28. While on routine patrol, a deputy parked at the Mount Graham Market observed a male subject operating the ATV westbound on State Route 366. The driver reportedly looked directly at the patrol vehicle and made “a sharp evasive turn” south onto South Navajo Drive.
The deputy attempted to catch up, turning south onto Navajo Drive. The ATV driver allegedly glanced back, accelerated aggressively — causing the tires to spin and lose traction — and failed to make a complete stop at the posted stop sign at Navajo Drive and Yavapai Drive before continuing west on Yavapai Drive. At that point, the deputy had not yet activated emergency lights and sirens but was closing the distance, reaching speeds of 45-50 mph.
The deputy then activated his lights and sirens. The report states that the driver looked back again while the emergency equipment was operating, turned north onto Cheyenne Drive, went off the shoulder, “fishtailed” the ATV, and threw dirt and rocks into the air due to rapid acceleration. The driver eventually stopped near the intersection of Cheyenne Drive and State Route 366, where he reportedly made eye contact with the deputy.
The deputy approached the driver, identified as Gary Hess, 56, and instructed him to step off the ATV and place his hands behind his back. Hess complied and was handcuffed. According to the report, Hess immediately began pleading, saying, “C’mon, man, you’re really going to take me to jail.” When asked why he didn’t stop, Hess claimed he didn’t see the deputy. He later stated he didn’t see the lights or hear the siren, even after the deputy noted the siren had been activated. Hess said he was coming from his residence and had stopped at the location because it was his cousin’s house.
Hess was placed in the patrol vehicle and advised that he was under arrest for unlawful flight. While being read his Miranda rights, he interrupted multiple times, repeating that he didn’t see or hear the lights and siren and adding, “if I was going to run, I would’ve just taken off.” He initially said he did not understand his rights, but later affirmed that he did after further questioning. He also asked the deputy for “a break.”
A sergeant from the Safford Police Department then arrived to assist. Hess agreed to field sobriety tests but said he couldn’t perform the walk-and-turn test because his legs were “messed up.” The Horizontal Gaze Nystagmus test showed no clues, and he stopped the modified Romberg test at 31 seconds.
The deputy searched Hess and placed him back in the patrol vehicle. When asked directly, Hess denied being a habitual runner from police or that he was trying to avoid issues with an unregistered or uninsured ATV or lacking a valid driver’s license. He continued to insist he hadn’t seen or heard the emergency signals and explained that he always takes the neighborhood route via Navajo Drive rather than staying on State Route 366.
The ATV was impounded, and Hess was transported to the Graham County Adult Detention Facility, where he was booked on the charge of unlawful flight from a pursuing law enforcement vehicle.
