PREVENTION of the USE of a TELEPHONE in CASE of EMERGENCY, ASSAULT and DISORDERLY CONDUCT DISMISSED at BENCH TRIAL – State v. Mr. C (DMC No. 8204) (Apache Junction Justice Court DV2007-0291): Mr. C and his girlfriend were engaged in an argument when he was accused of slapping her on her buttocks in a hard manner. His girlfriend called Police, and then the phone was grabbed out of her hand and hung up. When Police arrived, they arrested Mr. C and charged him with Prevention of the Use of a Telephone in a Case of Emergency pursuant to Arizona Revised Statute ARS 13-2915 (A)(3). He was also charged with Assault and Disorderly Conduct. We argued that he was not the one who grabbed the phone and hung up, but in fact it was his girlfriend who hung up the phone. There were also issues about Mr. C defending himself against his girlfriend’s attacks. When it came time for the Bench Trial, the Prosecutor choose to dismiss all charges against Mr. C.
