This petition seeks to reform the current system of prosecutorial discretion in Arizona, specifically concerning plea agreements for violent crimes. Under the existing framework, the power to make critical decisions about criminal cases, including whether to offer a plea deal and on what terms, rests almost exclusively with the prosecutor. This system, while intended to streamline justice, can often marginalize the voices and interests of victims. This petition aims to spark a meaningful change by advocating for a more victim-centered approach, ensuring that those most affected by violent crime have a greater and more formal role in the plea negotiation process. The goal is to shift the balance of power from the sole perspective of the district attorney to one that genuinely incorporates the needs, safety, and desire for justice of the victims.

​The Problem with the Current System:

​In Arizona, as in many other jurisdictions, the prosecutor's office holds significant discretionary power. While they are expected to consider the public interest, this can often lead to plea agreements that victims perceive as lenient or unjust. This process can be particularly distressing for victims of violent crimes, who may feel that their experiences and desire for accountability are not adequately considered. A stark example of this is the case of Daniel Betker, who was fatally shot in a Mesa McDonald's drive-thru on January 13, 2024. The defendant, Carlos Heard II, was initially arrested on suspicion of second-degree murder, but later pleaded guilty to the lesser charges of manslaughter and aggravated assault. The resulting sentence was seven years for the two offenses to run concurrently, a term that his family and many in the community feel is an inadequate punishment for taking a life. This plea deal, which bypassed a full trial for the most serious charge, illustrates how the current system can prioritize expediency over the genuine pursuit of justice and the wishes of the victim's family. The system, in this instance, failed to provide a sense of closure or adequate accountability, leaving the victims and their loved ones feeling revictimized and disillusioned.

​Proposed Modifications and Call to Action:

​This petition advocates for the following specific changes to Arizona's prosecutorial discretion and plea bargaining process for violent crimes:

​Formal and Mandated Victim Consultation: We propose that Arizona law be amended to mandate formal and documented consultation with the victim or their designated representative before any plea agreement for a violent felony is finalized. This consultation should not be a mere formality but a substantive discussion where the victim's input on the proposed plea terms, sentencing, and impact is actively sought and considered. The prosecutor must be required to provide a detailed explanation of the proposed plea and the reasoning behind it.
​Creation of a Victim Impact Statement and Veto Power: We call for the establishment of a formal "Victim Impact Statement" specific to the plea negotiation phase. In cases of violent crime, this statement would detail the victim's perspective on the proposed plea. Furthermore, we advocate for a mechanism that grants victims of violent crimes a form of "qualified veto power" over a plea agreement. This means that if a victim formally objects to a proposed plea that they believe is unjust or dangerous, the prosecutor would be required to seek approval from a higher authority within the office or present a formal justification to the court for moving forward over the victim's objection. This measure would not grant victims absolute power but would ensure their concerns are elevated to a higher level of review, thereby preventing a prosecutor from unilaterally pushing through an agreement that a victim finds unacceptable, as exemplified in cases like Daniel Betker's.
​Increased Transparency and Justification: We demand greater transparency in the plea bargaining process for violent crimes. When a plea deal is offered, the prosecutor's office should be required to provide a written justification for the agreement, outlining how it serves the interests of justice and how it considers the victim's input and safety. This document would become part of the public record, holding the prosecutor's office accountable for their decisions.
​Specialized Victim-Advocacy Units: We propose the creation of dedicated victim-advocacy units within the prosecutor's office that are independent of the case prosecutor. These units would be responsible for ensuring that victim rights are upheld throughout the entire process, including plea negotiations, and would act as an impartial liaison to ensure the victim's voice is heard without coercion.
​Conclusion:

​This petition is a plea to spark change—not merely to tweak the system—but to fundamentally redefine what justice means for victims of violent crime in Arizona. We believe that empowering victims is not a sign of weakness in the justice system but a crucial step toward strengthening it. By giving victims a greater voice and more formal power in the plea bargaining process, we can move from a system that often leaves them feeling forgotten to one that truly serves their interests and ensures greater accountability for those who commit violent acts. We urge you to sign this petition and join us in advocating for a criminal justice system that is more compassionate, transparent, and ultimately, more just for the individuals it is meant to protect. This is something I know first hand because Daniel Betker Jr. is my Son, whom I love more than life. We were victimized not only by Carlos Heard but again by the prosecutor and the judge when they tossed our wishes to the side and deemed them as not important as clearing  this case from the docket. Both of them deserve to be removed from their positions as they clearly are not truly for the pursuit of justice and for the safety of the people they are there to protect. Help to make change in his name so other families won't be left unheard like my family feels. My Son was worth more than 7 years. He was executed, shot 10 times. Got stood over and shot in the face. In four years he will be free to murder again. That doesn't sound like justice to me. Yet the judge and prosecutor felt that this decision was in the best intrest of JUSTICE? #justicefordanieljr #fyp #victims #nojustice #reform

https://www.yahoo.com/news/victims-family-outraged-sentencing-mesa-235300066.html