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State v. Mr. B (DMC No. 14374)

State v. Mr. B (DMC No. 14374) – Felony Aggravated Assault Dangerous (Car v. Police Officer) and Misdemeanor Obstructing Governmental Operations – Reduced to Attempted Aggravated Assault with Probation and 90 Days in Jail – Maricopa County Superior Court (Case No. CR2016-146209).

Mr. B was a 67-year old man who had an anxiety disorder. He had gone to Fry’s in order to pick up a prescription for his medication and some groceries. An hour later when he left the Fry’s store, he got into his vehicle and drove towards the exit, where he saw an Officer parked diagonally blocking the entrance to the street. The officer was there working on a different case/arrest.

As Mr. B approached the Officer, he asked the Officer to move his car and the Officer said no. The Officer claimed that Mr. B was screaming at him. The officer then stated that Mr. B got into his car and slowly drove at him and then accelerated rapidly. The Officer claimed he jumped to the side and pulled out his firearm, at which point Mr. B stopped his car. He then came up to Mr. B and holstered his weapon and asked for Mr. B’s license. Per the Officer, Mr. B then put his car in reverse and attempted to flee again. Mr. B was stopped by other Officers in the parking lot and he refused to get out of the vehicle. He was then forcibly removed and arrested for Felony Aggravated Assault Dangerous on a Police Officer and Misdemeanor of Obstructing Governmental Operations.

Once we became involved, we retrieved all of Mr. B’s medical records in order to present them as mitigation to the Prosecutor. In addition, we interviewed all of the other Officers involved, and the stories were not matching up. We also presented evidence of his military service in Vietnam and his long-term employment with the United States Postal Service. Mr. B had also performed numerous prior good acts of community support, he had strong family contributions and responsibilities, he lacked prior bad acts, he had good character reputation, he was filled with remorse, and he behaved admirably during his pretrial phase.

The Prosecutor ultimately agreed to a plea of Attempted Aggravated Assault with a 90-day jail sentence. At Sentencing, the Prosecutor wanted 3 years of Probation, and the victim/Police Officer wanted 90 days of flat jail time. The Judge ultimately only imposed 2 years of Probation and allowed the 90 days to be served in the infirmary due to Mr. B’s health conditions. Originally, Mr. B was facing 10.5 to 21 years in prison  if he were to be convicted on the Aggravated Assault Dangerous on a Police Officer.

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