State v. Mr. B (DMC No. 17617) – (3 counts) Felony Kidnapping, and (3 counts) Felony Sexual Assault – Complete Dismissal at Jury Trial (Due to No Reasonable Likelihood of Conviction) and Court/Arrest Record Sealed – Feb 1, 2023 – Coconino County Superior (Case No. CR20XX-XXXX0).
Mr. B was an ASU college student who travelled up to NAU to be with friends and to go skiing. While he was up there, the ski lifts were down, and he instead texted multiple people to see who he and his friend could hang out with that night. While they were at a friend’s apartment, and around 8 o’clock at night, two girls and two other guys walked in. They ended up all hanging out until around 11 o’clock, and then Mr. B and his friend stated they were going to leave and go back to their place. At that time, the Alleged Victim followed them out and stated that she had “lost her friends” and wanted to hang out with them.
On the way home she began French kissing both of the gentlemen, and she also pulled out her breasts and asked them to look at them and “touch them, feel them, they are so cold.” They eventually got back to her place and she went upstairs to change.
When she came down she was wearing a lacy type tank top body suit with no pants on. She then began making out with both of the gentlemen, and was stating things such as “I want you in me,” and was grabbing Mr. B’s hand and putting it on her crotch. As things started to get heated, she suddenly screamed “no, no, stop” and ran upstairs. At that point her female roommate who was with them that night, stated “don’t worry about it, she does this sometimes, you guys should probably go, though.” After Mr. B and his friend left, the Alleged Victim called the Police and claimed that she “thinks” she was Sexually Assaulted by two guys she didn’t know. In the Police Officer’s report, he wrote “it should be noted that the Alleged Victim was intoxicated and that it was difficult to get details because she stated she ‘didn’t remember some things but was trying to remember.’
After we began representing Mr. B, we secured a Memory Expert who indicated that if you drink enough, your Hippocampus could be switched off, which impairs your memory, but does not affect the actions that you undertake. In other words, the Alleged Victim was actually the instigator and participant, and then her brain “turned back on” and she realized that she was engaging in behavior that she normally would not engage in. Ultimately the Prosecutors Dismissed the Charges at Jury Trial because there was “No Reasonable Likelihood of Conviction.” If Mr. B were convicted of these allegations, he would have faced a Minimum of between 5 to 15 years in Prison, and a Maximum of 50 years or more in Prison. Instead, he has a clean record, and after the Dismissal of the Charges, we had his Arrest and Court Records Sealed.