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State v. Mr. H. (DMC No. 5082)

DISMISSED | AGGRAVATED ASSAULT DANGEROUS (with a gun)– State v. Mr. H. (DMC No. 5082) (Maricopa County Superior Court CR2004-127583): Mr. H. had called a tow truck because his car had broken down. The tow truck driver arrived, and Mr. H. told him he did not need his services anymore because his friend was coming. The tow truck driver told him he would still have to pay a service fee and Mr. H. said “no”. The tow truck driver then went back to his truck and retrieved a large Mag-lite flashlight and wheeled it like a Billy club. Mr. H. then pulled his gun and told the man to stand back. The police were called and the tow truck driver neglected to mention anything about requesting a service fee charge. Even though Mr. H. was arrested and charged with Aggravated Assault, Dangerous (with a gun) which exposed him to 5 to 15 years in prison, we were able to show the Prosecutor that his was a case of self-defense, and all charges were dismissed.

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