Subtitle: By refusing to fingerprint arrestees or collect DNA, Phoenix VA Police are allowing suspects tied to sex crimes, unsolved murders, and other serious federal offenses to avoid being entered into national justice systems—effectively burying cases that could be solved and endangering lives through willful inaction.

📌 BREAKDOWN TRIGGERED BY AN OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION (OAWP) COMPLAINT: 

• OAWP Case 24-Phoenix-23807: Summary of Findings from the January 2024 Complaint (Read Here)

What began as a standard OAWP complaint has revealed a systemic refusal by Phoenix VA Police leadership to fingerprint, collect DNA, book, or lawfully process certain offenders—despite having both the tools and legal obligation to do so. And when those concerns were elevated to federal investigators? The complaint was DISMISSED on a technicality:

"There’s no VA policy requiring fingerprinting."

But no such policy is needed. Because this isn’t about policy—it’s about law, accountability, and the safety of everyone who steps onto VA grounds.

📋 SCOPE AND SIGNIFICANCE OF THE REPORT

This report is not speculation. It is not hyperbole. It is a documented breakdown of law enforcement practices at one of the nation’s largest VA entities—Phoenix VA Health Care System. What’s unfolding here isn’t a policy gap. It’s an operational failure with potentially FATAL consequences. It’s a failure to follow the Constitution, federal rules of criminal procedure, and Department of Justice expectations.

The 2024 OAWP complaint—Case 24-Phoenix-23807—exposed how felony and serious misdemeanor suspects are routinely released without being fingerprinted, booked, or presented to a magistrate. And what did VA investigators do? They brushed it off with the bureaucratic equivalent of a shrug: 

" VA Police are not required by VA Policy to fingerprint arrestees." 

Well, there’s also no policy requiring common sense, but we expect that too!

📎 VA'S TOP LAW ENFORCEMENT OFFICE CONFIRMS: NO FINGERPRINTING POLICY EXISTS

That’s right. The Office of Senior Security Officer (OSSO), in conjunction with the Office of Security and Law Enforcement (OSLE)—the highest law enforcement bodies in the VA—confirmed there’s no policy requiring VA Police to fingerprint arrestees. That might make sense if you’re handing the suspect off to a detention facility. But Phoenix VA doesn’t do that (though their policy requires – if not taking directly before a magistrate). They don’t book, don’t fingerprint, don’t confine, and don’t bring people before a judge. They just release them (for the most part). Period.

This isn’t a loophole—it’s a trapdoor. And the people falling through it? 

📎 LIVESCAN SINCE 2020—STILL NOT USED

The Phoenix VA has had a LiveScan fingerprinting machine since 2020. They could even manually send prints to the FBI Criminal Justice Information Services (CJIS) Division in West Virginia. But they don’t. Leadership has the tools—and chooses NOT to use them. That means no FBI number, no National Crime Information Center (NCIC) entry, and no DNA match. These people disappear into thin air.

📎 CRIMES DOWNGRADED TO PETTY OFFENSES: LEGAL GAPS AND PROCEDURAL FAILURES

Because officers don’t understand how to complete an AO 91 federal complaint form—a foundational charging document for initiating federal prosecution (in most cases)—they routinely downgrade felonies to petty offenses. This failure is compounded by their lack of understanding of Rule 4 of the Federal Rules of Criminal Procedure, which governs the issuance of arrest warrants and summonses based on complaints.

Further compounding the issue is their failure to apply Rule 5(a) and (b), which require that any individual arrested without a warrant be promptly presented before a magistrate judge and that a complaint establishing probable cause be promptly filed in the appropriate district. 

Officers with the Phoenix VA also fail to coordinate with the U.S. Marshals Service (USMS) and the U.S. Attorney’s Office (USAO)—both of which are essential to lawfully presenting a case in federal court. These two entities operate under the jurisdiction of the District of Arizona, which is governed by the Federal Rules of Criminal Procedure and the Local Rules of the U.S. District Court for the District of Arizona. According to Local Rule LRCrim 32.2.1(b), it is the duty of the U.S. Marshal to require that all federal agencies, and any others who arrest individuals as federal prisoners in this district, provide immediate notice of such arrests or incarcerations.

“It shall be the duty of the Marshal to require all federal agencies and others who arrest any person as a federal prisoner in this district and all jailers who incarcerate any such person in any jail or place of confinement in this district, to give the Marshal notice of such arrest or incarceration forthwith.” — Rules of Practice and Procedure of the U.S. District Court for the District of Arizona, LRCrim 32.2.1(b) (2023), at 182.

In failing to adhere to these procedures, Phoenix VA Police instead rely on shortcuts—issuing U.S. District Court Violation Notices (USDCVN) —for petty offenses (a.k.a “citations”) or referring matters to state authorities (when they can immediately handle most matters). As a result, serious federal crimes are routinely sidestepped, untracked, and effectively buried, eroding accountability and putting public safety at risk.

📎 MAYBE THIS IS JUST AN ERROR?

This isn’t just an administrative error—it reflects a profound misunderstanding of the federal criminal justice system. As the FBI outlines in its guide for crime victims, federal cases often begin with a grand jury indictment or a sworn criminal complaint, followed by an initial appearance before a magistrate. As the FBI states in its official victim services guide: 

“If there has been no arrest warrant or indictment, the arresting agents must bring the suspect before a magistrate (or judge), who then will determine whether there is probable cause to believe that the arrestee committed a crime.” FBI.gov –  A Brief Description of the Federal Criminal Justice Process

Defendants are advised of their rights, arraigned, and either detained or released under pretrial supervision. All of this hinges on correct legal intake—starting with fingerprints and proper charging instruments like the AO 91.

At Phoenix VA, that foundational process is routinely bypassed. There’s no coordination with U.S. Attorneys, no grand jury consultation, no presentment before a magistrate. Felony-level offenses are downgraded, cited, and suspects are released with no entry into the NCIC system. No fingerprints. No criminal record. No prosecution (except for Central Violation Bureau (CVB) court which allow individuals to squash the matter – with a fine in most cases).

This is not merely a training gap—it’s a complete failure of lawful accountability and public safety.

📚 WHAT THE LAW ACTUALLY SAYS: THE DNA FINGERPRINT ACT, 28 CFR PART 28, AND DOJ REGULATORY INTENT IT’S NOT ENOUGH TO CITE THE LAW—WE NEED TO UNDERSTAND IT

The DNA Fingerprint Act of 2005, codified at 34 U.S.C. § 40702, requires the federal government to collect DNA samples from individuals who are:

• Arrested
• Facing charges
• Convicted
• Or detained under the authority of the United States

But here’s what it doesn’t do: it does not explicitly require fingerprinting. This is where many get confused—including Phoenix VA Police leadership.

🔍 WHY FINGERPRINTS STILL MATTER

Fingerprinting is the first step in generating a unique FBI profile number, which is required to catalog, search, and link DNA samples in federal databases like CODIS. Without fingerprints, no FBI number exists—and DNA collection becomes useless from a tracking and investigative standpoint.

By refusing to fingerprint, Phoenix VA effectively chose to break the chain that connects DNA to national databases, investigations, and prosecutions.

🧬 THE LEGAL FRAMEWORK: 28 CFR AND DOJ GUIDANCE

The Department of Justice issued implementing regulations under 28 CFR Part 28, which further clarify DNA collection requirements:

• 28 CFR §§ 28.1–28.2: DNA must be collected from individuals arrested, facing charges, or convicted of felonies—or certain serious non-felony federal offenses (e.g., assault, threats, violence against federal personnel).
• 28 CFR § 28.2(c): Even repealed or modified offenses still require DNA collection if they previously qualified.
• DOJ Regulatory Authority: Supported by 34 U.S.C. §§ 12592, 40702, 40703, 10 U.S.C. § 1565, and 18 U.S.C. § 3600A.

The DOJ further clarified its intent in Federal Register publication E8-8339 (73 FR 21083):

• DNA collection must follow arrest or detention if the agency collects fingerprints.
• Agencies were directed to revise procedures and begin full DNA collection by December 31, 2008.
• Fingerprinting was assumed to occur at arrest, and DNA procedures were expected to mirror that.

The regulation’s summary states:

“Agencies collecting DNA samples are directed to furnish the samples to the FBI... for purposes of analysis and entry into the Combined DNA Index System. Unless otherwise directed by the Attorney General, the collection of DNA samples may be limited to individuals from whom an agency collects fingerprints.”

👉 IN OTHER WORDS: FINGERPRINTING AND DNA COLLECTION WERE DESIGNED TO WORK TOGETHER. THE DOJ EXPECTED FINGERPRINTING TO OCCUR—NOT TO BE SKIPPED ENTIRELY.

DNA Misinterpretation and Missed Opportunities: This is where Phoenix VA leadership failed. They wrongly believed that if the DNA Act didn’t explicitly require fingerprinting, it wasn’t necessary. Rather than asking, "What do DOJ and federal rules require to process an arrest?" they asked, "Does VA policy say we have to do this?" And when the answer came back as “no,” they did nothing.

They misread the law. They misunderstood their duty. And they allowed a gap in federal criminal procedure to widen under their watch.

🧬 UNSOLVED CRIMES, UNMATCHED DNA: THE DANGEROUS CONSEQUENCE OF NOT FINGERPRINTING

Every time a suspect walks away without being fingerprinted and swabbed for DNA, it’s a missed opportunity to close an unsolved RAPE, SEXUAL ASSAULT, a cold-case homicide, or a violent assault. Matches could be made. Survivors could receive closure. Communities could be protected.

Instead, Phoenix VA has chosen to opt out of one of the most powerful crime-solving tools available: the FBI’s Combined DNA Index System (CODIS). That decision doesn’t just violate the intent of federal law—it puts lives at risk.

⚶️ PATTERN OF INSTITUTIONAL REJECTION

Efforts were made in 2020 and 2021 to address these legal and procedural failures. However, instead of being welcomed, they were rejected by leadership at the Phoenix VA—and discouraged by higher offices within the VA’s law enforcement structure, including OSLE and OSSO. The initiative faced resistance, not support. Reform was not only denied—it was actively shut down.

🕵️‍♂️ PUBLIC SAFETY BREAKDOWN AT PHOENIX VA — A DATELINE-STYLE INVESTIGATION

It began with a question: “Why were individuals with violent criminal histories walking free after incidents at the Phoenix VA?” What we discovered was more troubling than we imagined. This isn’t about clerical oversight. This is about dangerous individuals walking free—many not even veterans—because Phoenix VA refuses to follow criminal procedures. They were warned five years ago. They did nothing.

What we found is a facility increasingly defined by procedural paralysis. Officers have voiced to us that they feel handcuffed—unable to do their jobs—because leadership at the Phoenix VA refuses to understand or follow the federal criminal process. Many in leadership lack knowledge of AO 91 procedures, federal presentment requirements, and constitutional obligations, and they openly reject legal guidance.

As a result, many officers default to issuing citations when they can—or hope local law enforcement will come onto VA property to make the arrest—because they are afraid of violating individuals’ civil rights, including protections under the Fourth and Fifth Amendments and the right to a prompt initial appearance. 

Officers have witnessed nurses get assaulted and have themselves been assaulted, yet in many cases they were expected—or explicitly directed—to issue a citation for disorderly conduct and release the individual. No fingerprinting. No federal complaint. No DOJ entry. Just a citation—or worse, nothing at all.

We interviewed sources close to the matter. They told us that even after these violent events, suspects return to campus unchecked. One employee told us, "We don’t know if they’ll come back tomorrow and do worse. There’s no protection for us."

The evidence points to a dangerous pattern: federal law enforcement officers at the VA have the authority and the tools—but they’re not using them. And for VA staff, that failure is more than bureaucratic—it’s deeply personal. The Phoenix VA's refusal to apply federal criminal procedure has turned its campuses into revolving doors for repeat offenders.

🔥 ECHOES OF SUTHERLAND SPRINGS MASS SHOOTING

💥 Lessons "Unlearned": Sutherland Springs Comparison

In 2017, the Sutherland Springs shooter MURDERED 26 people in a Texas church. Why? Because the Air Force failed to do one thing: submit his fingerprints and conviction to the FBI.

According to the DoD Inspector General, the Air Force missed six separate opportunities to enter Devin Patrick Kelley into the federal criminal system. The result? He bought four guns, legally (technically – on paper). Three were used in the massacre.

The IG was clear—there was "no valid reason" for the failure. It wasn’t a mystery. It wasn’t a system flaw. It was human error, ignored protocols, and a culture of indifference.

The Air Force responded by launching a task force. They implemented 20 out of 21 reforms. They corrected the system.

Phoenix VA? They have the exact same fingerprinting failures.

They’ve been warned. They have the equipment. And they’re doing nothing.

• Read the full OIG Reaport: Report of Investigation into the United States Air Force’s Failure to Submit Devin Kelley’s Criminal History Information to the Federal Bureau of Investigation DODIG-2019-030

📄 READ THE REPORT BY OSSO - REGARDING THIS MATTER

The full complaint reviewed in this summary was originally submitted to the Department of Veterans Affairs, Office of Accountability and Whistleblower Protection (OAWP), under Case Number 24-Phoenix-23807. It was reviewed and dismissed in March 2024.

• Read the full OAWP report here: OAWP Referral, Case 24-Phoenix-23807

PROPOSED SOLUTIONS:

• Mandate DOJ and FBI-compliant fingerprinting at all VA facilities with arrest authority
• Immediate audit of fingerprint and arrest policies at all VISNs
  Congressional inquiry into VA Police practices at Phoenix and other high-risk campuses
• Retraining on federal arrest procedure and prosecutorial coordination (AO 91, Rule 5)
• OIG investigation into the mismanagement at the Phoenix VA Police Department

🔴 BOTTOM LINE: THIS IS WILLFUL NEGLIGENCE

Here’s the truth: Phoenix VA Police are not confused. They are not uninformed. They are making a conscious decision—a decision to ignore federal procedures, bypass the Department of Justice, and turn a blind eye to the very mechanisms that are supposed to protect us.

But now we notice.

They have the tools.
They have the training.
They have DOJ support.
And they refuse to act.

This isn’t a policy gap. It’s not a training failure. It is willful negligence. And the longer it goes on, the more we edge closer to another tragedy—another name on a memorial wall that could have been prevented.

The tools are there. The training exists. The partnerships with DOJ are available. But Phoenix VA chooses inaction. And when institutions stop enforcing the law, the people pay the price. That’s not theory. That’s a matter of time.