Pima County Attorney Laura Conover is facing backlash over her office's prosecutorial strategies after court documents revealed the 21-year-old man arrested in connection with Sunday's downtown Tucson mass shooting was on probation for a 2024 shooting incident.
David Leroy French is accused of opening fire into a crowd near East Congress and North Sixth Avenue after an argument between two groups erupted into gunfire at 2 a.m. on Sunday, July 19.
The incident left 10 people injured, including French.
In the days since, many of those who were shot have been released from the hospital, Tucson police said earlier this week.
The audio from French's sentencing in the previous case after he pleaded guilty to aggravated assault with a deadly weapon or dangerous instrument, which was obtained by the Star, details the decision-making process that led to his probation term.
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At about 5 a.m. on Oct. 6, 2024, a then 19-year-old French and some of his friends were hanging out at a self-serve car wash near West Valencia Road and South Sixth Avenue, court records say.
After being asked to leave, French and two others confronted a car wash employee.
Seeing French had a rifle, the employee ran away from the three towards the median of a nearby road.
Surveillance footage later reviewed by Tucson police showed French pointing his "AR-15 style" rifle at the employee and firing in his general direction before leaving on foot, court records say.
French was located and arrested six days later.
Before getting to the sentencing hearing, the prosecution and French's council negotiated a plea agreement, Conover told the Star earlier this week.
As part of the plea, prosecutors dropped the dangerous offense allegation which would carry a mandatory prison sentence. Had it been upheld, French would have faced between five and 15 years if the case went to trial.
"If you drop the allegation, he gets a shot at probation, and the judge can do what they want," said David Berkman, former chief criminal deputy county attorney in Pima County. "It's up to the prosecutor not to drop the allegation."
As former chief criminal deputy county attorney, Berkman oversaw criminal prosecution for Pima County. Now that he is retired, he and Conover have had many public disagreements over the handling of criminal prosecutions.
"She just has a different philosophy: 'troubled kid who shoots an AR-15 at somebody — he should get a second chance.' To me, he goes to prison," Berkman said. "And when he gets a little older and becomes a little more responsible, he can get out of prison and understand what he did was wrong."
"I guess David Berkman is still in the mix," Conover said. "I guess he has not yet found joy in his retirement. Sorry to hear that."
Conover maintains that French's plea agreement was fair and didn't stray far from the initial indictment of aggravated assault with a deadly weapon or dangerous instrument and discharging a firearm within city limits.
"The only break he got was a chance to ask the judge for probation" Conover said. "Otherwise, he was looking at a ton of prison time."
"By the time of sentencing, he's been out of custody for like a year, he's working two jobs, letters from employers are submitted to the court, there's a huge family there, there's a tearful apology, promises are made and the court's probation department — in their evaluation of him — says he meets the criteria for intensive probation," she said.
During the sentencing hearing, French's defense attorney, Nicholas Brereton, makes the case for probation, noting his troubled upbringing and remorse.
The prosecutor, in turn, offered no sentencing suggestion.
When prosecutors offer no opinion and the defense argues in favor of probation, it's expected that the judge won't impose prison, Berkman said.
"I will be honest with you: I am very much on the fence with your case," Presiding Pima County Superior Court Judge J. Alan Goodwin said at the sentencing before pausing to deliberate. "I am going to give you a shot at probation."
Shortly after the subsequent July 19, 2026 shooting, a petition was filed with the court to revoke French's probation. His next court appearance is slated for Aug. 3.
