William J. O;Neil Arizona Presiding Disciplinary Judge judicial complaint

transcript

COMPLAINT 1

On December 28, 2004, Mac Holmes, the father in law of William J. O’Neil, was killed in a tragic construction accident in Casa Grande, Az. Following his death Audie Holmes and Sarah Holmes, the son and widow of Mac Holmes, continued to run the company Mac’s Grading Paving & Engineering (see pg. 1-7). During the period beginning at Mac Holmes death and the fall of 2006, under the direction of Audie Holmes and Sarah Holmes serious debt was incurred (See pg. 16-41). The company became insolvent. Mac’s Grading Paving & Engineering license was suspended on August 9, 2006 and a final revocation of said license on March 15, 2007. (See pg. 7)

On or about December 21, 2006 the Hon. William J. O’Neil, arranged for Haralson, Miller, Pitt, Feldman & McAnally to file a wrongful death suite naming Sarah B. Holmes as the plaintiff. This lawsuit was filed in the Pinal County Superior Court case number CV200602164 (See pg. 8-15). In this suit Mac’s Grading, Paving & Engineering, Inc. was one of the named defendants along with Caterpillar, Inc. Empire Southwest LLC among others.

This lawsuit was filed on behalf of Sarah B. Holmes thru the Direction of William J. O’Neil in order to cause the Plaintiffs numerous creditors to forgive debt owed by the Plaintiff and Plaintiffs son. Sarah Holmes was the statutory agent until May 21, 2007 and the only shareholder according to the annual report filed with the Arizona Corporation Commission for FY06-07 filed January 24, 2007 by Mac’s Grading , Paving & Engineering, Inc. (See pg. 1). Also William J. O’Neil was the presiding Civil Judge at the Pinal County Superior Court from 2007 until 2010.

Complaint 1 clearly shows William J. O’Neil using his elected position as Pinal County Superior Court Judge, Division 1 to relieve his mother in law of debt properly and knowingly incurred on behalf of herself and Mac’ Grading, Paving and Engineering Inc.

COMPLAINT 2

On October 27, 2006 Sarah Holmes, thru the direction and using the influence of William J. O’Neil, entered into a consent agreement with Pinal County to clean up the solid waste dump on her property at 2117 S. Roof Tile Rd., Casa Grande Az (See pg. 42-51). This is the same property which was the registered location of Mac’s Grading Paving & Engineering which she is the sole stockholder. This consent order was arranged by William J. O’Neil in his attempts to consolidate and remedy the financial condition of Sarah Holmes and by using his influence as a Superiour Court Judge to in the end enrich himself by acquiring a “clean bill of health” from Pinal County.

COMPLAINT 3

On May 8, 2007 William J. O’Neil ghost wrote a Motion to Intervene as Plaintiff filed by Mark Dixon in DO200600311 filed in the Pinal County Superior Court (See pg. 88-90). Upon the Hon. Janna L. Vanderpool denying said motion the Hon William J. O’Neil then wrote a complaint to be submitted to the Commission on Judicial Conduct outlining Judge Vanderpool’s actions in this case along with many others (See pg. 91-93). Mark Dixon did file

said complaint and to this date has never been contacted by or find any reference to said complaint in the records of the Commission on Judicial Conduct.

According to the Rules of Judicial Conduct these actions are extremely inappropriate and severe grounds for action by the Commission on Judicial Conduct. Also pursuant to the rules it was the responsibility of William J. O’Neil to report the actions of Judge Vanderpool when they came to his attention.

COMPLAINT 4

Taking into account the facts stated in complaint 1, William J O’Neil has furthered his financial gain in using his position of Presiding Civil Judge of the Pinal County Superior Court by a shell game of mortgages and deeds involving his good friend Bien Brenfleck. Thru Judge O’Neil’s influence the residence of his mother in law Sarah Holmes was kept out of foreclosure and subsequently a Warranty Deed was filed on January 14, 2010 transferring said property to Brien Brenfleck thru a short sale (See pg. 134-137 & 145-149). Subsequently on September 16, 2011 the same said property was again transferred giving William J. O’Neil a 50% interest (see pg 139-143). William J. O’Neil did in fact commit mortgage fraud in using Brien Brenfleck as a straw buyer in essence relieving Sarah Holmes of approximately $130,000.00 (See pg. 118-133 & 136) of debt and Sarah Holmes has always and still does live in the home (See pg. 144).

Thru the actions taken by William J. O’Neil while a sitting judge in Division 1 of thePinal County Superior Court and the Presiding Civil Judge, his mother in law Sarah Holmes was able to avoid bankruptcy and retain property which otherwise could and would have been lost in claims against her business Mac’s Grading Paving & Engineering.

COMPLAINT 6

On December 2, 2012 Mark Dixon had a daunting experience wherein Pinal County Sheriff’s Deputies stole his dog Shilo from him in a ruse traffic stop. Subsequently a Notice of Claim was filed with Pinal County followed by a lawsuit in Federal Court. To the astonishment of Mr. Dixon the Hon. William J. Oneil

I had the belief that the Hon. William J. O’Neil were close friends but there were a set of incidents that occurred beginning on December 2, 2009, which has completely changed my opinion of Willaim J. O’neil. On that date three Pinal County Sheriffs Deputies stole my property, my dog Shilo for my then ex-wife. During this incident, the first person I called was Judge O’Neil. In that phone conversation, he blew off the whole incident and told me to just give up my dog, it's only a dog go get another one.

In a later conversation, Judge O’Neil tried to get me to admit that I said the dog had always belonged to my ex-wife. I did not understand why Judge O’Neil would do this, it is not true. I have since learned that my ex-wife assisted Bill in getting a $300,000.00 loan from Wells Fargo Bank (See pg. 151-164) on December 17, 2009. My ex-wife was employed by the Pinal County Federal Credit Union as a commercial loan officer. She had previously informed me that she was working with Wells Fargo Bank on joint venture loans. In an attempt to help a friend, Judge O’Neil, I had put Judge O’Neil and my ex-wife in communication regarding a loan.

It is the belief and understanding thru conversations with individuals within the Pinal County Superior Court and the Pinal County Sheriff’s Office that William J. O’Neil did use his influence,gave his endorsement and offer his protection to those deputies who stole my property and subsequently has protected those deputies and others along with attempting to interfere in additional judicial proceedings. This was done as payment to my ex-wife for her assistance in acquiring said loan.

COMPLAINT 7

Although William J. O’Neil was appointed as the Presiding Disciplinary Judge by the Arizona Supreme Court in September of 2010 he still remained an elected official of Pinal County until the Hon Daniel Washburn was elected to replace him in Division 1. Christopher O’Neil, William J. O’Neil’s son, was hired by the Pinal County Superior Court in April 2011 (See pg. 165). Prior to that Christopher O’Neil worked for Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. from March 2009 until March 2011, this is the same law firm that represented Sarah Holmes in 2006 – 2007 wrongful death suit detailed in complaint 1.

It is ludicrous to assume that this does not directly conflict with Pinal Counties policy on Nepotism dated June 4, 2012. William J. O’Neil did in fact break Pinal Counties policy on nepotism (See pg. 166) along with ARS 38-481 by influencing and causing the hiring of Christopher O’Neil as a staff attorney to the Pinal County Superior Court.

COMPLAINT 8

William J. O’Neil has participated in creating a fraudulent public record by representing himself as a partner in the trade name BOBB INVESTMENTS (See pg. 167). On January 28, 2010 an application for the trade name was submitted to the Arizona Secretary of State with the owners names of Brien Brenfleck and “Bill O’Neal”. William J. O’Neil has, in this case, used the alias of “Bill O’Neal” in order to hide his true identity in additional financial dealings with Brien Brenfleck.

COMPLAINT 9

The spring of 2011 Mark Dixon began having difficulties with his daughter which was attributed to being a teenager and difficulties due to the divorce of the then ex-wife mentioned in complaint 6. Although these records are sealed individuals have come forward informing Mark Dixon that in the early summer of 2009 the Hon. William J. O’Neil arranged for and secreted court orders relating to his daughter which has caused irreparable harm to his daughter and family. The Hon. William J. O’Neil then used this information to cause the resignation of a long standing and respected member of the Casa Grande community by threatening to expose activities of himself and a family member.

The names and exact facts of this complaint are vague as it involves the lives of minors but upon seal Mark Dixon will provide the full details of this allegation.

CONCLUSION

The allegations made in this complaint are severe at the very least but shows a continuing theme of complete disregard for the trust placed in a judicial officer and a Judge in a Superior Court. These allegations represent a very small portion of activities taken on the part of Hon. William J. O’Neil in order to personally benefit himself and or his immediate family and friends. The damage to the confidence of the people of Pinal County and the State of Arizona that can be done by this complaint is completely unnecessary and should be avoided at all cost. That being true, it is well past the time to clean up our court system and the judiciary as a whole. I have tried to address some of these issues thru a letter to the Hon. Robert Carter Olsen the Presiding Judge of the Pinal County Superior Court and when that fell on deaf ears a letter to the Hon. Rebecca White Berch, Chief Justice, Arizona Supreme Court. My only response was a letter from the Arizona Supreme Court (see pg. 53)instructing me to file a complaint with the Commission on Judicial Conduct.

I am sure I will be met with great resistance regarding this complaint as I have with all the issues which have arisen within the past 2 ½ years since this all began with the illegal seizure of my dog by Pinal County Sheriff Deputies. Thru all the evidence, statements, recorded documents, public records it has become an incontrovertible fact that my personal problems began with the Hon. William J. O’Neil doing a favor for a $300,000.00 loan. Although not directly involved he has and is attempting to manipulate the judicial process, protect individuals and intimidate individuals throughout the legal system to accomplish and cover up his personal agenda.

Mark Dixon

From: Crowley, Ellen <ECrowley@courts.az.gov>Sent: Friday, May 18, 2012 11:42 AMTo: 'md20033@yahoo.com'Subject: Correspondence dated May 9, 2012

Mark�E.�Dixon�10380�W.�Pasadena�Dr.�Casa�Grande,�AZ��85194��Dear�Mr.�Dixon:��Chief�Justice�Rebecca�White�Berch�has�asked�me�to�respond�to�your�letter�dated�May�9,�2012,�received�through�the�“Contact�us”�link�on�the�Clerk�of�the�Supreme�Court�website.��Based�on�your�letter�and�the�attached�documentation,�it�appears�you�have�several�matters�currently�pending�in�the�Pinal�County�Superior�Court.��Under�the�Arizona�Code�of�Judicial�Conduct,�matters�pending�before�Arizona�courts�may�not�be�raised�in�personal�correspondence�with�a�Justice�of�this�Court.��Accordingly,�Chief�Justice�Berch�is�unable�to�read�or�comment�on�the�materials�you�sent.��If�you�disagree�with�the�final�result�of�the�proceeding�your�remedy�may�be�to�appeal�the�matter�pursuant�to�the�appropriate�rules�of�court,�assuming�the�time�to�do�so�has�not�already�expired.��To�the�extent�your�grievance�pertains�to�the�conduct�of�a�judicial�officer,�you�must�file�a�complaint�with�the�Commission�on�Judicial�Conduct.��The�complaint�form�is�available�on�the�Commission’s�website�(http://www.azcourts.gov/ethics/HowtoFileaComplaint.aspx�).��The�Commission’s�contact�information�is�1501�W.�Washington�St.,�Suite�229,�Phoenix,�AZ��85007,�phone�number�602�452�3200,�and�e�mail�cjc@courts.az.gov.��I�regret�that�I�cannot�be�of�further�assistance.��Sincerely,��Ellen�M.�Crowley�Chief�Staff�Attorney�Arizona�Supreme�Court�602�452�3389�ecrowley@courts.az.gov��

�Please be advised that this e-mail address is in a judicial office and that e-mail sent to or received from it is subject to public records disclosure requirements. ��

William J. O;Neil Arizona Presiding Disciplinary Judge judicial complaint

Documents