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State v. Mr. A. (DMC No. 7952)

PREVENTION of the USE of a TELEPHONE in an EMERGENCY, DISORDERLY CONDUCT and (2 Counts) ASSAULT DISMISSED at BENCH TRIAL – State v. Mr. A (DMC No. 7952) (Scottsdale City Court CR2007-032630): Police had received a 911 call in which the person calling hung up the phone and did not speak, when they arrived at the location to conduct a “Welfare Check”, they contacted Mr. A’s wife. She said that she had called Police and had been arguing with her husband, and that she had been pushed down on the couch and that he had hung up the phone. Mr. A was then charged with Prevention of the Use of a Telephone in an Emergency per Arizona Revised Statute ARS 13-2915(A)(3). He was also charged with 2 Counts of Assault and Disorderly Conduct. We argued that it was his wife who choose to hang up the phone, and that she had actually attacked Mr. A first. When it came time for a Bench Trial against Mr. A, the Prosecutor choose to dismiss the charges against him.

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