Apache County prosecutor and school inspector charged with misuse of taxpayer funds

APACHE COUNTY, AZ (AZFamily) – Apache County officials have still not responded to charges against two elected officials: the district attorney and the school superintendent.

District Attorney Michael Whiting and his wife Joy, the school superintendent, as well as a third district employee, are accused of misusing public funds and threatening a political opponent. Michael and Joy continue to run unopposed for re-election.

It has been nearly three months since investigators from the Attorney General's Office searched Whiting's home and office.

It seems to have started with a complaint about an attack. A political opponent of Joy at the time came forward and said he had been threatened and harassed by two men. We later learned that these men worked for Michael. The political opponent, Fernando Madrid, reported the attack to the police, who referred the case to the Attorney General's Office.

Michael was the district attorney for 16 years and the face of law enforcement in Apache County. Joy recently became a school superintendent. Her conduct over the past two years is the subject of this 10-count indictment.

Michael and his lead investigator, Daryl Greer, are accused of sending over 190 pages of an anonymous letter threatening legal action against Madrid. Investigators reportedly found that the mailing of the letter and package was paid for with a credit card in Michael Whiting's name.

Madrid withdrew from the race, citing Whiting's threats.

Also at issue is the purchase of a 2023 Ford Expedition for nearly $80,000 that Michael used and which was paid for with Apache County government funds, the indictment states.

Michael is also accused of helping his wife by spending $5,500 from the district attorney's office on shirts and bags.

“This is totally inappropriate. I mean, this is totally inappropriate,” said former federal prosecutor Seth Goertz.

According to the indictment, Greer used an Apache County credit card three times to purchase more than $10,000 worth of fitness equipment, all of which was delivered to the county prosecutor's office.

Michael is also accused of spending another $10,000 of seized money to upgrade a company car.

Arizona's Family Investigates asked Goertz if he had ever seen such charges brought against a district attorney.

“You know, it's certainly not the norm. It's not what you would expect or hope for. It's certainly significant,” he replied.

Michael did not respond to our last text and email, but denied any wrongdoing in a previous exchange.

“As for surveillance, I have never asked anyone to conduct surveillance of another's home from the office,” he wrote. “As for campaign items, neither the office nor I purchase them with public funds… I and our office are committed to transparency,” he continued.

“That’s how it should work. It will now be presented to a jury,” said Goertz.

Arizona's Family Investigates contacted several district officials: the district manager, the board of supervisors, the district attorney's office and the school superintendent's office. None responded.

Before the charges were filed Monday, the board voted to cover part of Whiting's legal costs related to a complaint filed with the bar.

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