Criminal charges have been dropped against a woman arrested at the Surprise council meeting

A surprising mother was handcuffed this summer after criticizing a city official at a council meeting. Now a Maricopa County judge has dismissed the criminal case against her.

When they arrived in court, defense attorney Greg Royle said the city of Surprise would not provide him with evidence, such as police reports or body camera footage, that his client, Rebekah Massie, was handcuffed and held in front of her child.

“It’s one thing to roll your eyes. I guess that’s their right,” Royle said. “But I know one thing: I don’t care what’s on the back of a form. You can’t have someone arrested for criticizing a city official.”

Royle said asking to dismiss the case without prejudice would leave open the possibility of refiling charges against Massie, who, he added, wants the arrest removed from her record.

“[The city’s attorneys] wanted to say, “Look, whether Ms. Massie’s arrest was based on probable cause – or was fundamentally valid or not – is irrelevant. Because all we’re talking about here is whether the case should be dismissed with or without prejudice,” said Royle.

Royle said if the case were dismissed without prejudice, it would have undermined Surprise’s obligation to send him the case evidence and the court’s ability to view footage of the incident.

“The state requested dismissal solely for the sake of justice. They say, ‘Look, it was the right thing,'” Royle said. “And my position was, ‘Hey, if it was the right thing to do, dismiss it with prejudice, put this behind you once and for all, and don’t leave open the possibility of bringing charges against her again.’ And they said no.”

The judge ultimately ruled in Massie’s favor. In dismissing the case with prejudice — meaning Massie cannot face the charges again — the judge called the city’s actions “objectively outrageous.”

“I believe this is the only time in my career that I have fought a motion to dismiss without prejudice filed on behalf of one of my clients. Normally it’s an opportunity you’re excited about,” Royle said. “It’s hard for me to cheer for them righting what should never have been and then righting the wrong in a way that wasn’t complete. And so I’m just glad that the court stepped in and did what the prosecutors didn’t do.”

Massie’s civil lawsuit against Surprise is ongoing.