UA president: Prosecutors didn't file charges for threats prior to professor's shooting death

In a letter issued Monday to students and faculty, the president of the University of Arizona said prior requests for charges to be brought against the former student suspected in the fatal shooting of a department head went unheeded by the Pima County Attorney’s Office.

County Attorney Lisa Conover pointed to constitutional restraints for a lack of charges made before the educator’s killing and the absence of red flag laws to prevent such carnage.

Dr. Robert Robbins, university president, stated in his letter that administrators took multiple actions against former graduate student Murad Dervish before Prof. Thomas Meixner, hydrology and atmospheric sciences department head, was shot and killed on Oct. 5 on campus.

Dervish, 46, was taken into custody that day and charged with murdering Meixner, 52. Police previously said Dervish harassed and threatened staff.

'He loved each of you so much': Family, friends honor UA professor Tom Meixner at funeral

University police, according to Robbins' letter, went to the county attorney’s office twice this year to net charges against Dervish — once in the spring based on his communication with an unnamed staff member and again in mid-September due to his reported harassment of faculty.

The first time, the county attorney’s office declined to press charges against Dervish, Robbins wrote in the letter. As of Monday, Robbins continued, university police had not been notified of what determination the county attorney’s office made on charges for the second complaint.

Also on Monday, Conover issued a statement agreeing UA police proposed to her office two misdemeanor complaints on Dervish.

Neither complaint, Conover argued, met the "evidentiary requirements" to charge Dervish with the crime of threatening and intimidation under state law.

“Our office bases criminal charges on the evidence presented, which must rise to the Constitutional standard of proof beyond a reasonable doubt. The complaints brought by UA police in April and again in September did not have sufficient proof to meet that standard, and therefore no charges were filed,” Conover's statement read.

Conover pointed to the lack of a red flag law in the state, arguing these measures allow for guns to be removed from those presenting a threat to themselves or others.

“A Red Flag bill failed to pass in Arizona,” Conover’s statement read. “Until we join other states by passing a Red Flag law, our police will be limited to the laws that are on the books, and preventable tragedies like this will continue to occur.”

More on the shooting: Head of UA Hydrology Department, Thomas Meixner, identified as killed in campus shooting

Before his expulsion in June, Dervish had been prohibited from stepping foot in university property in January, Robbins wrote, with the dean of students in February recommending expulsion due to “behavior directed at university personnel.”

Pictures of Dervish were distributed throughout the department with instructions on how and when to call police, according to Robbins. Entry passwords for rooms Dervish previously had access to were changed, Robbins mentioned.

The university, according to Robbins, also informed faculty on legal remedies they could take against Dervish, including pursuing criminal charges through the county attorney’s office.

University police officers in April also spoke with Dervish at his home about threats he was accused of making, Robbins noted. Emails from Dervish were also diverted for review by university police and “certain other parties,” Robbins wrote.

The university president noted there would be an independent expert review of campus security, including how UA handled the issues involving Dervish.

“The independent review will help inform us about what additional or different steps could have been taken to better protect our faculty, staff, students, and visitors and how we can improve our response, policies, and procedures involving campus safety and security in the future. We will share changes and new initiatives as they are implemented,” Robbins wrote.

Robbins first announced the review last week.

In the coming weeks, administrators will meet with faculty and staff from all colleges to garner suggestions and to answer questions, Robbins added in the letter.

Access to an online form has been made available for anonymous comments from students, faculty, staff, parents and other community members.

Reach breaking news reporter Jose R. Gonzalez at jose.gonzalez@gannett.com or on Twitter @jrgzztx.

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This article originally appeared on Arizona Republic: UA: Prosecutors didn't file charges for threats ahead of professor's killing