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State v. Ms. H. (DMC No. 6769)

DISORDERLY CONDUCT with a GUN (dangerous)/DISCHARGE of a FIREARM (Shannon’s Law) NOT CHARGED – State v. Ms. H.  (DMC No. 6769) (Gilbert Police Department DR05-000011264): Ms. H. suffered from alcohol and substance abuse addiction, and had drunk and taken prescription medication before he had gone to sleep.  At some time in the night, he woke up and fired shots through the wall of his bedroom.  His roommate called police and they found Mr. H. in a stuporous state, passed out in the bedroom.  After he was arrested, the police routed the case to the County Attorney’s Office to charge him with disorderly conduct “dangerous” and discharge of a weapon under Shannon’s Law.  He was facing potentially up to 3 years in prison under each charge.  We were able to convince the Prosecutor not to file charges due to the fact that Mr. H. had subsequently successfully completed substance abuse treatment and counseling.

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