State v. Mr. D (DMC No. 16275) – Felony Aggravated Assault Dangerous (with a Knife) – Not Charged – Scottsdale Police Department Investigated (DR No. 20XX-XXXX5) & Prosecutor’s Office “Declined to File Charges”.
Mr. D was a 21-year old man when he retained our services for Aggravated Assault Dangerous (with a Knife). Mr. D had a history of mental health issues. This incident occurred after he got into a domestic dispute with his brother while his father was in the house. After Mr. D and his brother engaged in a physical altercation, Mr. D. began making concerning statements and was accused of having pulled a knife from the kitchen butcher block. The statements being made by Mr. D. were surrounding the fact that he did not want to be recommitted to a mental health institute and would rather take other action against his life. During this time, he was also alleged to have obtained a firearm from his vehicle, which ultimately the father was able to disengage him from. Police arrived on scene and Mr. D had left the home. Police spoke with his father and brother and the case was “Long-Formed” for the Maricopa County Attorney’s Office to make a charging decision based on the alleged use of the firearm and knife.
Mr. D retained the services of our firm in a Pre-Charge capacity and the Pre-Charge Team, staffed the case and immediately took action. We immediately contacted the Scottsdale Police Department to find out the Detective assigned and submitted a public records request for a copy of the police report. We drafted and sent a Trebus Letter to the Maricopa County Attorney’s Office notifying them of our representation. After discovering the name of the Detective assigned, we sent a notarized and signed Invocation of Constitutional Rights to the Detective notifying her of our representation and that contact with Mr. D should cease. Given this quick action, we were able to eliminate any statements being made by Mr. D to Police.
After obtaining a copy of the Police report, it was discovered that the Detective, after receiving our Notice of Invocation, elected to submit the case to the City of Scottsdale for Misdemeanor Charges in lieu of sending it up for Felony charges for Aggravated Assault with a Deadly Weapon or Disorderly Conduct Dangerous. Ultimately, given the inability of police to interview Mr. D regarding what happened and/or receive any identification of Mr. D as the perpetrator from his family, the City of Scottsdale “declined to file charges” given no likelihood of conviction.