It's been one year since U.S. lawmakers called for a federal investigation into the wrongful arrest of a Valley woman.
ABC15 asked Arizona Congressman Andy Biggs for an update. He says he recently asked for a face-to-face meeting with OIG federal investigators.
Biggs and Ohio Representative Jim Jordan both signed a letter in November 2024 demanding accountability after U.S. Marshals wrongfully arrested then 66-year-old Penny McCarthy outside her Phoenix home in March 2024.
Just weeks later, the DOJ's Office of Inspector General launched an investigation.
"I'm loving it. I love how it was written. I love the truth behind it. I'm thrilled," McCarthy said in a previous interview with ABC15.
McCarthy’s arrest was captured on police body camera video.
"We have an arrest warrant," an officer said in the video.
"For me?" McCarthy asked.
"Yes. For you," the officer replied.
"Who am I?" McCarthy said.
"Turn away. Turn around. Turn away. We'll discuss it later. Turn away. You're gonna get hit," the officer said.
But the arrest warrant U.S. Marshals had was for a 70-year-old Canadian woman who wasn't McCarthy. It was for a two-decade-old parole violation for non-violent crimes in Oklahoma. This has raised even more questions about how federal agents made such a critical mistake.
"The fact that you guys were reporting on this actually brought it to our attention. And if you hadn't reported on it, it likely would have gone without notice of myself and the chairman of the Judiciary Committee, Mr. Jordan," Rep. Biggs said in a previous interview with ABC15.
Both Biggs and Ohio Representative Jim Jordan saw ABC15's reporting and demanded the DOJ's Office of Inspector General investigate.
"The big question is why even if you had the right person. It's a 66-year-old lady. Do you need to? I mean, do you need to treat her that way?" Rep. Jordan said in a previous interview with ABC15.
The lawmakers wrote in the letter: "We are very concerned at both the USMS's (Marshals) carelessness and the excessive force during this encounter. The USMS’s lack of regard for Ms. McCarthy’s due process rights is very troubling and oversight is necessary to ensure similar abuses do not happen in the future.”
McCarthy says OIG federal agents interviewed her in December 2024, but a year later, no official or final report has been released by the DOJ.
"Why are you still fighting this?" ABC15 asked.
"Because it's wrong. It's so unbelievably wrong," McCarthy said.
McCarthy has also filed a federal civil rights lawsuit seeking accountability for what her attorney calls "unaccountable government."
The non-profit Institute for Justice took McCarthy's case after ABC15 Investigators aired multiple reports exposing serious failures by U.S. Marshals.
"I don't care if I don't get a dime. I'm not signing any non-disclosure agreement. I need to know how this happened and why this happened," McCarthy said.
ABC15 is still waiting for the final report from the OIG.
The U.S. Marshal Service has previously said it is aware of the pending lawsuit and doesn't comment on ongoing litigation. ABC15 will keep asking questions.
