The body camera footage of US Marshals arresting Arizona grandmother Penny McCarthy reveals an unsettling scenario where law enforcement’s overzealous tactics and lack of verification led to the wrongful arrest of an innocent woman.
The footage, acquired by ABC15 after persistent efforts, captures the March 5 arrest, with federal agents storming McCarthy’s Phoenix home and yelling commands with rifles drawn. McCarthy, a 66-year-old woman with no criminal record, was understandably bewildered, asking, “For me?” and “Who am I?” as the agents continued to shout conflicting orders.
The Marshals’ aggressive approach escalated when McCarthy questioned whether they were even law enforcement officers. “How do I see that?” she asked after being told to recognize them as police. Despite being unarmed and compliant, McCarthy was ordered to stop looking back, stop moving, and was finally cuffed in her driveway.
The chaotic scene only grew more troubling when the agents finally informed her that they were looking for 70-year-old Carole Ann Rozak, a fugitive wanted for parole violations in Oklahoma. Incredulous, McCarthy told them, “That’s not who I am,” yet she was arrested anyway, only to be exonerated after spending time in prison.
Happening in the US –
Arizona –
Penny McCarthy, 66, was arrested at her Arizona home in March after US Marshals mistook her for an Oklahoma fugitive.
She spent a night in a federal prison & released when all the prosecutors had was a Facebook post. pic.twitter.com/PSpjCWqi9M— Blanche Victoria (@tammytabby) October 30, 2024
The ordeal culminated in an apology from the US Marshals only ten days after the arrest, which came after an Arizona judge had already dismissed her case. Officials initially claimed McCarthy’s digital fingerprints matched Rozak’s, but a full fingerprint analysis eventually proved otherwise. McCarthy’s response to the whole affair speaks volumes: “They did nothing but treat me like crap and lie to me… I am so disappointed in my government. It’s not funny.”
Legal experts, including former federal prosecutor and criminal defense attorney Josh Kolsrud, have condemned the Marshals’ actions as excessive and unreasonable. Kolsrud emphasized that federal agencies are expected to verify the identities of individuals before an arrest, saying, “Anybody watching this video can see that this was an aggressive arrest and aggressive apprehension.” He found it alarming that officers proceeded with the arrest without certainty of her identity, calling the arrest “a textbook example of federal agencies not doing what they’re supposed to be doing.”
After months of follow-up, we’ve obtained body camera video showing the intense moment a 66-year-old woman was mistaken for another individual, held at gunpoint and wrongfully arrested by US Marshals.
See the full video on ABC15 tonight after Monday Night Football. pic.twitter.com/CdOcv8mi8j
— ABC15 Arizona (@abc15) October 28, 2024
Beyond the immediate trauma and confusion, the incident reflects a breakdown in due process, raising serious questions about accountability. It’s deeply concerning when federal agents can storm a private home, armed and ready, based on flawed information—and with the individual’s identity still in question. The fact that McCarthy, an elderly, unarmed woman, was subjected to such treatment underscores the need for reform in federal agency protocols.
Law enforcement’s job is to protect citizens and uphold justice, but incidents like McCarthy’s raise doubts about whether these agencies are willing or able to self-correct. The shocking footage of McCarthy’s arrest not only highlights an unacceptable failure but also underscores the need for systemic changes to prevent similar mistakes from happening again.
