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State v. Mr. D (DMC No. 13039)

State v. Mr. D (DMC No. 13039) – Felony Money Laundering ($1,100), Felony Conspiracy to Commit Sale or Transportation of Narcotics; Felony Sale or Transportation of Marijuana, Felony Use of a Wire Communication or Electronic Communication Device in a Drug Related Transaction and (3 Counts) Felony Aggravated Assault – Reduced to Facilitation, Assisting a Criminal Street Gang and Class 6 Aggravated Assault – All with Probation and a Total of 1 Year in DOC– Maricopa County Superior Court (Case No. CR2015-105571 and CR2015-114161).

The Phoenix Police Department was conducting an investigation into the North Side Mexican Brown Pride 21st Street Gang (MBP 21). This was done after they observed numerous hand to hand drug transactions between various gang members. The police had also documented purchases of heroin, rifles, shotguns and/or stolen vehicles between some of the gang members. At that point, they initiated a traffic stop in connection to an armed robbery suspect and discovered a stolen vehicle and $1,100 in cash. Upon questioning the driver, he stated that Mr. D had sold him some marijuana.

When Mr. D was detained, he admitted to selling marijuana to the juvenile just prior to the traffic stop. He was ultimately charged with Felony Money Laundering, Felony Conspiracy to Commit Sale or Transportation of Narcotic Drugs and Felony Use of a Wire Communication or Electronic Communication Device in a Drug Related Transaction.

Approximately 11 months after this incident with the police, he was also contacted regarding a claim by his then girlfriend that he had assaulted her. The allegations were that he pushed her onto a bed, held a hand over her mouth and grabbed her neck, which caused her air supply to be cut off for approximately 30 seconds. The girlfriend also claimed that he grabbed her by the throat a second time, kept her from leaving the apartment, and that he punched her in the arm. He was charged with 2 Counts of Aggravated Assault for the choking, and 1 Count of Misdemeanor Assault.

We became involved and were able to wrap up all the charges while Mr. D was being held as non-bondable for approximately 5 months in the county jail. We wrapped up the case with 1-year prison sentence, with credit for the 5 months he had already served. In addition, he received a two-month early kickout at the prison, which meant he spent another 5 months in custody before being released. He originally was facing a potential of over 15 years in prison if he were to be convicted of all charges and sentenced consecutively.

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