Not Charged/”Turned Down for Prosecution” (and Press Conference Held by the Maricopa County Attorney’s Office) | Felony Second Degree Murder (Dangerous), Felony Negligent Homicide (Dangerous), and Felony Tampering with Evidence
State v. Mr. B (DMC No. 18503)
PEORIA POLICE DEPARTMENT INVESTIGATED (DR NO. 2021-00055089)
Mr. B and his wife, and their 1-year-old child had been in a tumultuous relationship. They had filed for Divorce, and there were various Orders of Protection in place. Over the course of a summer, they began repairing their relationship, and they went out for the evening to have dinner and drinks (in violation of their Orders of Protection).
After going to several establishments, they were on the way home and talking while they were driving through various neighborhoods. At that point, Mr. B received a phone call from a young lady who he had been dating earlier in the summer, and her name appeared on the monitor inside of his truck. When Ms. B saw this, she became outraged.
She grabbed Mr. B’s phone, and struck his windshield cracking it. She began screaming and yelling, and she said “I’m leaving”. At this point, Mr. B was turning his truck around a corner traveling at about 5 to 10 miles per hour, when Ms. B opened the door and stepped out of the moving truck. She immediately tumbled and struck the back of her head on the asphalt. Mr. B then got out of the truck, and helped her to her feet and brought her back inside the cab of his vehicle. They then drove straight to his house, which was only minutes away.
When they got home, he helped Ms. B into the shower, and helped her change so she could lie down and go to sleep. He then went to take her clothes to wash them, and to clean up some blood that she had tracked into the house. When he went back to check on her a little over an hour later, he found that she wasn’t breathing, and he immediately called 911. He also called his mother (who lived in the house next door), and she immediately came over.
The Police then arrived, and then in the days following, an investigation for Second Degree Murder ensued. Mr. B originally hired a different law firm to handle the case, and they secured an independent autopsy, showing that Ms. B had died of the blunt force trauma injuries by striking her head. They had also sent over Trebus-Bashir letter, and they had told Mr. B that the case “was over” and he wouldn’t be charged. Only 90 days had elapsed since his wife’s passing, and it was at this point that Mr. B sought out the services of DM Cantor.
Because there was no “Turn Down” decision actually made, and the case was only about 3 months old, we immediately reached out and contacted the Detectives. They confirmed that the death investigation was ongoing. We also secured the services of a Probate attorney who helped Mr. B in an ongoing battle against Ms. B’s estate. In addition, the Department of Child Safety (DCS) became involved and removed Mr. B’s child. DM Cantor’s Family Law Practice stepped in, and helped him get his child back.
As the case progressed for over a year, we secured the services of a Forensic Expert who looked at the State’s Autopsy Report, and determined that Ms. B had liver sclerosis from alcoholism, and her blood alcohol was three times the legal limit at the time of her death. We also pulled all of the footage of the various video cameras in the area, and all of the restaurants and bars they were at, and showed that they were not engaged in any arguments or fights prior to getting into their vehicle. The last thing we did was interview all witnesses who knew both Mr. B and Ms. B for the previous 5+ years, and they all talked extensively about Ms. B’s alcohol problems, how she had previously stepped out of moving vehicles, in front of moving vehicles, and would just run out of the front door and down the street when she would get upset while drinking.
Ultimately, we were able to get the case “Turned Down” by the Maricopa County Attorney’s Office. A high-profile Press Conference was held by the Maricopa County Attorney explaining why the case had been Turned Down. Mr. B and his son live together now and various family members of Ms. B are always welcome to have visitation with Mr. B’s young child. If Mr. B had been charged and convicted, he could have spent over 25 years in Prison, and lost his son.
