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State v. Mr. D. (DMC No. 7700)

FELONY ESCAPE, FELONY AGGRAVATED ASSAULT on a POLICE OFFICER and FELONY RESISTING ARREST REDUCED to MISDEMEANOR with ZERO DAYS in Jail – State v. Mr. D (DMC No. 7700) (Maricopa County Superior Court CR2007-158714): Mr. D was a student at ASU and was tailgating in an ASU parking lot prior to a football game. He was seen carrying a closed beer, and an Officer asked him his age. He put the beer in his pocket and then the Officer spun him around, cuffed him and threw him to the ground. Mr. D then got up and ran a short distance before he was tackled and held by Police. He was subsequently charged with Felony Escape per Arizona Revised Statute ARS 13-2503, Felony Aggravated Assault on a cop per Arizona Revised Statute ARS 13-1204(8)(A), and Felony Resisting Arrest per Arizona Revised Statute ARS 13-2508. We were able to show the Prosecutor that he never actually “resisted arrest” or fought with the Officer, and that he was only scared when he got up and ran. They agreed to reduce his charge to simple Misdemeanors with no days in Jail. Because he had no felonies on his record, he was allowed to remain at ASU.

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