Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
FIRST DEGREE MURDER (2 Counts) REDUCED to Second Degree Murder – State v. Mr. B.
FIRST DEGREE MURDER (2 Counts) REDUCED to Second Degree Murder – State v. Mr. B. (DMC No. 7131) (Maricopa County Superior Court No. CR2005-141941): Mr. B. and 2 others went to the home of a methamphetamine dealer and his girlfriend under the rouse of borrowing some items. Once they were there, they robbed the 2 victims at gunpoint and shot them. Although Mr. B. was initially facing the Death Penalty, we were able to convince the State to not seek death. We were also able to raise some defenses in the case which resulted in securing a plea to 2 Counts of Second Degree Murder with a sentence of 13 years on each count. Although Mr. B. admitted to being the shooter and firing 12 rounds of ammunition, there were still some significant questions as to the reliability of his confession. Even without death being on the table, most people convicted in Arizona of a double homicide are given a minimum of a natural life sentence. , whereas Mr. B. will be free at age 44.
MANSLAUGHTER NOT CHARGED/REDUCED to Misdemeanor DUI – State v. Mr. T. (DMC No. 7216)
MANSLAUGHTER NOT CHARGED/REDUCED to Misdemeanor DUI – State v. Mr. T. (DMC No. 7216) (East Mesa Justice Court No. TR2006-172224): Mr. T. was traveling westbound on University Drive in Mesa when an individual attempted to cross University diagonal to the flow of traffic. He was unfortunately struck and killed. Mr. T. was interviewed by police and he admitted to using marijuana in the prior 24 hrs. We were able to convince the State that no individual would have been able to stop in time to avoid the collision. In addition, we were able to show that the marijuana would not have affected his ability to drive. Although we convinced the State to not file Manslaughter charges, they did file charges for DUI with a metabolite of marijuana in System. The case was ultimately resolved as a Misdemeanor DUI with 1 day in jail – even though it started out with Mr. T. facing a potential 21 years in prison.
MURDER REDUCED TO BURGLARY – State v. Mr. A.
(Gila County Superior Court No. 97-675CR): Mr. A. and numerous co-defendants were charged with meeting the victim at a casino and then going back to his residence where they shot to death with a shotgun and robbed him. We were able to present numerous issues showing that Mr. A. did not know this crime was going to turn into a homicide. Additionally, the State’s physical evidence fell apart when they were attempting to match a footprint on a door to Mr. A. We eventually negotiated a plea agreement to Burglary with 3.5 years in prison. The shooter received 25 years to life.
