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State v. Mr. B. (DMC No. 8753)

Mr. B. had dated a girl who had a brother who was emotionally and mentally disabled. After they had broken up, Mr. B. remained friends with the family. He eventually had her adult brother move in with him so he could “teach him some life skills”. It was alleged that over the course of 2 months Mr. B. physically and emotionally abused this vulnerable adult. He was accused of spraying him with a garden hose, kicking him, and “boxing” his ears until the man developed cauliflower ear (which had to be fixed by way of surgery). He was subsequently charged with 3 Counts of Felony Vulnerable Adult Abuse under Arizona Revised Statute ARS 13-3623, and 1 Count of Felony Aggravated Assault under Arizona Revised Statute ARS 13-1204.

At Jury Trial, we were able to dispel most of the allegations, and he was found Not Guilty of the 3 Counts of Felony Vulnerable Adult Abuse. However, he was found guilty of 1 Count of Aggravated Assault for causing a disfigurement to the man’s ears. He was then sentenced to probation with no Jail time. He was originally facing mandatory Prison time if he was to be convicted of all the charges.

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