PHOENIX (AZFamily) — A Valley widow is taking the city of Phoenix and its police chief to court to stop the sale of the gun used to murder her husband, a Phoenix police officer killed in the line of duty.
Julie Erfle, the widow of Officer Nick Erfle, argues that auctioning off the weapon violates her rights as a crime victim under the Arizona Victims’ Bill of Rights.
The lawsuit was filed last week and seeks a court order preventing the city from selling the gun and instead requiring it to be destroyed.
“He died a hero, doing the job he loved the most,” Erfle said, reflecting on the day her husband was killed.
On Sept. 18, 2007, Officer Nick Erfle was shot twice while approaching a man blocking traffic in central Phoenix. For nearly two decades, his widow has worked to heal, but one question always lingered: what happened to the gun that took his life?
“I remember asking the detective where it came from and how the shooter was able to get a hold of it,” she said.
Erfle assumed the weapon had long been destroyed. But years later, a phone call shattered that belief.
“That’s when I found out, kind of by accident, that the gun still existed, that it was still in the department’s possession,” she said.
Her shock soon turned to anger when she learned of a 2013 Arizona law that requires police departments to sell seized weapons rather than destroy them.
“That’s my biggest fear,” Julie said. “That this gun is being given a second chance to harm another individual.”
The lawsuit claims Phoenix is violating Arizona’s constitutional protections for crime victims by allowing the gun to be sold and potentially end up back on the streets.
“The Victims’ Bill of Rights is actually part of the Arizona Constitution,” said Davis Miles attorney Russ Richelsoph, who is not involved in the case. “It provides a list of rights that crime victims have in criminal cases.”
Richelsoph notes that Erfle’s case highlights a conflict between two state laws — one that guarantees justice and respect for victims, and another that prohibits police departments from destroying firearms that can be legally sold.
That 2013 statute was supported by state Sen. John Kavanagh, a Republican from Fountain Hills.
There is no logical reason to destroy guns used in crimes. Guns are not inherently evil. Destroying them costs money; selling them creates revenue and saves taxpayers’ money.
Kavanagh later clarified that he would support allowing guns used in murders to be destroyed.
Erfle, however, sees it differently.
“I remember the arguments, and it was basically that we should make a buck off of these guns,” she said. “We should make a buck off of somebody’s murder. I find that immoral.”
For her, this case isn’t just about the weapon that killed her husband. It’s about every crime victim’s right to be heard and whether Arizona values revenue over respect.
“I hope that Mayor (Kate) Gallego and the city of Phoenix will work with me to try to overturn this law at the Legislature,” she said. “To ensure that victims’ voices are heard, not just here, but across the state.”
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