The Hidden Attempt: How Judge Butch Gunnels’ Actions Satisfy Attempted Second-Degree Murder Under Arizona Law
In the desert silence of Apache County, Arizona, a storm brews not from nature but from within the courthouse walls. In what can only be described as a brazen abuse of power, Justice of the Peace Butch Gunnels stands at the center of a legal and moral reckoning—one that may place him squarely in violation of Arizona’s criminal code. Specifically, the facts point to conduct that meets the criteria for Attempted Second-Degree Murder under A.R.S. §§ 13-1104 and 13-1001.
The Background: A Medically Fragile Plaintiff, A Vindictive Bench
In May 2024, I, Joseph Lathus, informed the Round Valley Justice Court and Judge Gunnels of my oral cancer diagnosis and the resulting ADA-eligible disabilities stemming from a radical neck dissection. I requested accommodations, including representation and communication modifications, as required under federal disability law.
Despite being fully informed, Judge Gunnels rejected all such requests. On December 4, 2024, he issued a retaliatory contempt warrant under color of law, fully aware that it would displace me and my family from our home. This action forced us to live in medically dangerous conditions—exposed to winter weather, without heat or power, during my post-operative recovery.
Legal Framework: Arizona Law on Second-Degree Murder and Attempt
Under A.R.S. § 13-1104(A)(3), Second-Degree Murder occurs when a person “recklessly engages in conduct that creates a grave risk of death and thereby causes death,” showing “extreme indifference to human life.”
Attempt is defined under A.R.S. § 13-1001(A) as when someone takes a “substantial step” toward committing a crime, with the intent and culpability necessary to commit the underlying offense.
How the Elements Are Met
Extreme Indifference to Human Life
Judge Gunnels was aware of my fragile medical state and active recovery process.
Despite this, he issued orders guaranteed to destroy access to basic survival conditions—housing, warmth, electricity, and privacy.
This conduct was not merely negligent; it demonstrated a willful disregard for human life.
Reckless Conduct Creating a Grave Risk of Death
State v. Doss, 192 Ariz. 408 (1998) affirms that reckless disregard for a substantial risk to life can meet the bar for Second-Degree Murder.
State v. Venegas, 137 Ariz. 171 (1983) confirms that disregard for obvious consequences constitutes recklessness.
Substantial Step Toward Commission of a Crime (Attempt)
The warrant was issued in retaliation, not in response to any actual disruption or failure to comply with lawful court orders.
State v. Johnson, 179 Ariz. 375 (App. 1994): taking action corroborative of criminal intent satisfies the “substantial step” requirement.
State v. Ybarra, 97 Ariz. 200 (1965): exposing a medically vulnerable person to high-risk circumstances can trigger attempt liability.
Intent and Knowledge
Gunnels was not neutral; he was a named defendant in Lathus v. County of Apache at the time of these actions.
The contempt was not based on real courtroom misconduct, but on disbelief in my disability and efforts to penalize me for asserting my rights.
Conclusion: When Judicial Power Becomes Criminal Intent
Judge Butch Gunnels leveraged his robe to settle personal scores under the guise of law. His contempt order—issued while fully aware of my medical fragility and during ongoing litigation in which he was a named party—was not merely unethical. It was criminal.
This conduct meets all elements of Attempted Second-Degree Murder as defined by Arizona law. It is a chilling reminder of how unchecked authority, when fused with personal animus, becomes a weapon capable of endangering life.
I call upon the U.S. Department of Justice to investigate these acts under 18 U.S.C. § 242, and for this Court to recognize that what happened to me was not a procedural misstep—it was an attempt on my life.
Justice demands more than silence. It demands action.
Joseph Lathus is the plaintiff in federal civil rights case 3:24-cv-08233 currently before the District of Arizona.
The Hidden Attempt: How Judge Butch Gunnels’ Actions Satisfy Attempted Second-Degree Murder Under… was originally published in Coinmonks on Medium, where people are continuing the conversation by highlighting and responding to this story.