Men detained in Guthrie investigation file notice of claim against Pima County sheriff

Lawyers for two Arizona men detained during the search for Nancy Guthrie, as well as the mother of one of the men, have issued a notice of claim against the Pima County sheriff and a detective.

The notice of claim, which is a precursor to a possible lawsuit, is addressed to Sheriff Chris Nanos and a detective. It alleges wrongful arrest and property damage.

Carlos Palazuelos, one of the men named in the claim, was detained Feb. 10 for questioning and released later without any charges as authorities searched for who kidnapped Guthrie, the mother of “TODAY” co-anchor Savannah Guthrie, earlier that month.

The same day, the other man, Daniel Maddox, was placed in handcuffs at the home that was searched and held for several hours, the notice says. It also names his mother, who owns the home and alleges damage to the property.

The notice, dated Monday and obtained by NBC affiliate KVOA of Tucson, says that deputies “arrested Carlos at gunpoint and held him without probable cause for approximately seven to eight hours” and that the arrest was made in a public fashion.

The notice of claim, which KVOA reported has been filed, says that Palazuelos is innocent and that his home was “ransacked.” It alleges physical, emotional and reputational harm.

It also says that Nanos posted on social media that a person had been arrested and that “the subject is currently being questioned in connection to the Nancy Guthrie investigation.” That post, in conjunction with statements from the sheriff’s office, made Palazuelos look like a suspect to the world, the notice says.

“Despite requests by undersigned counsel, Sheriff Nanos and the PCSD have refused to retract their statements or to make clear that Carlos is innocent and had no involvement in the Guthrie case,” the notice says.

The sheriff’s department said it does not commend on pending litigation.

“The sheriff has said in multiple interviews that no one has been cleared in this case,” the office said. “This is an ongoing and active investigation.”

Nanos said in an interview Friday on NBC News’ “Stay Tuned Now” that a judge signed off on the search warrant.

“I can’t speak to ongoing litigation, but I can say this. Our investigative efforts led us with — through evidence, tips, whatever it was, to build a case that said, ‘we think there’s something at this residence or with these individuals,’ and told this to a judge, who said, “Yep, I think you’ve got enough probable cause. I’m going to give you that warrant, that search warrant,’ Nanos said.

“We went, we served the search warrant, we spoke to the individuals involved, and we keep moving forward with the investigation,” Nanos said.

A man who identified himself as Palazuelos, a delivery driver, spoke to Telemundo outside the home in Rio Rico, around 60 miles south of Tucson, the time. He told Telemundo then that he was not involved.

The notice says Daniel Maddox’s detention in his home “was wrongful and has caused him significant physical, mental, and emotional pain and suffering.” It says men in military gear pointed guns at him and told him to lie on the ground in the hallway of his home when he left his room to investigate a loud noise. Maddox was held “under guard” at a van for several hours, the notice says.

The home is owned by Maddox’s mother, Josefina Maddox, who is also named in the notice.

The lawyers wrote in the notice that they were offering to settle the claims relating to Palazuelos for $2.5 million. It also offers to settle the claims relating to Daniel Maddox for $500,000 and Josefina Maddox for $250,000.

In addition to Nanos and the detective, it lists the county and the sheriff’s department as subject to possible future claims.

Nancy Guthrie, 84, went missing from her home near Tucson early Feb. 1. The FBI has said her disappearance is being investigated as a kidnapping for ransom.

Nanos, the sheriff, said this week that the case is still active and that “we’re working this as hard as we can.”

The sheriff’s office said in a statement Thursday: “The analysis of DNA and digital evidence has been underway for the past six months. This work is complex and time-intensive, but investigators continue to pursue every credible lead.”

Savannah Guthrie on Monday released a video in which she appeared to be addressing the person or people responsible for her mother’s disappearance, pleading for answers.

“Our family is in agony,” Guthrie said.

“The world can be a cruel and unforgiving place, and I know that you have tried to do things the right way. So I’m asking you, begging you, to do the right thing now,” she said. “Make the right choice. Help us find her. Tell us where to look for her.”

Liz Kreutz contributed.