MPD officer resigns before conclusion of Merit Board hearing

The termination of Maricopa police officer Miller Dao was upheld yesterday after Dao rescinded his appeal to get his job back during a hearing held by a three-member Employee Merit Board.

Dao was fired July 22 for getting into a fight with a civilian while off-duty, leaving town without informing his supervisor while on administrative leave and disobeying a direct order of the police chief.

As part of the agreement, Dao will be allowed to retroactively resign from the Maricopa Police Department on the date of his termination.

Dao’s attorney, Mike Storie of Tucson, said after hearing the testimony his client didn’t want to return to his prior position with the police department and wanted to take a break from law enforcement.

Storie said Dao will not receive a severance from the city.

The hearing began around 9 a.m. in the Maricopa Unified School District conference room and continued into the afternoon.

Members of the Employee Merit Board are Ann Joy Napolitano, chair, Tramell Sanhadja and Clifford Reed. Ken Hunt attended the hearing as an alternate.

The agreement was reached prior to the conclusion of the hearing, so it was not necessary for the Board to submit a finding and the matter is considered resolved, according to a statement released by Public Information Officer LaTricia Woods.

The 33-year-old officer’s termination stems from a Feb. 28 incident at Wild Horse Pass Hotel & Casino, where he got into a physical and verbal altercation with a woman at a blackjack table.

A video of the incident by casino security shows the woman, Poppy Hunt, striking Dao three or four times before he begins punching back. Neither Dao nor the woman was injured during the exchange of punches, which occurred around 1:30 a.m. Dao was escorted from the table by casino security and questioned by the Gila River Community Police Department while the woman continued to play. Neither Dao nor Hunt pressed charges.

Dao was placed on paid administrative leave while the incident was investigated by Sgt. Stephen Judd, who testified at the hearing.

Though the officer wasn’t arrested, Judd said Dao’s actions constituted disorderly conduct. When questioned by City Attorney Denis Fitzgibbons, Judd said Dao “engaged in behavior that brought reproach from the patrons, casino employees and security and the police department.”

Judd said Dao did not exercise self-restraint and “it appeared his actions did not consider the welfare of Miss Hunt … and meets the element of a felony.”

Dao’s attorney said his client admitted he could have used better judgment by walking away from Hunt.

However, because his client was off-duty, Storie said, he had every right to be there as a civilian and “was justified in returning strikes to Miss Hunt because he was defending himself.”

Storie said Dao is from Vietnam and came over to America when he was 12 years old.

He attended college in Michigan, where he struggled with English and then became a police officer in Michigan.

After he was laid off in Michigan, Storie said Dao landed a job at the Maricopa Police Department, where he has worked the past four years.