State v. Mr. D (DMC No. 18311)

Not Guilty/Complete Acquittal at Jury Trial – Felony Sexual Assault and Felony Sexual Abuse – State v. Mr. D (DMC No. 18311) MAR 22, 2024 – Cochise County Superior Court (Case No. CR2022-00902)

Mr. D had met his girlfriend in Tennessee at a bar while he had the night off from being a River Boat Captain. A woman he had met was 6 feet tall, and weighed about 280 pounds and was ex-military police. Mr. D only weighs 190 pounds and 5’10”. They ended up hitting it off, and they began dating. Eventually, his girlfriend moved to Arizona.

Mr. D also was living in Arizona and going back to Tennessee for his job. Things were not going well, as his girlfriend had a history of drinking heavily and cheating on him. He had even purchased an engagement ring and had given it to her at one time, and they had also purchased a dog together. Mr. D decided he was going to break up with her once and for all, and he brought his mother with him when he went to Arizona to pick up his belongings.

While he was in the condo retrieving his items, his girlfriend showed up and was mad that he had brought his mother. They had gone upstairs to shower, and they ultimately had sexual intercourse (consensually). They then went to a restaurant with his mom and ate for approximately an hour and half, and had drinks. Photos were taken of all of them smiling and having a good time. They all ultimately went back to the condominium.

Once they got back, his girlfriend took his phone and left for about an hour, and was looking through all of Mr. D’s texts. She saw a text from his brother revealing that he was planning on leaving her for good once he packed up his belongings. She came back to the condo and was screaming at Mr. D, and stated “I’m calling the Police because you are leaving Monday anyway.” The Police came by and asked a few questions, and then Mr. D packed up his belongings and left. Approximately three weeks later he began getting texts from his ex-girlfriend stating “if you just apologize for raping me, I’ll let this go.” Mr. D responded, “I’m sorry for everything that we both did,” but he made no acknowledgement or apology for the alleged rape. He was ultimately charged with Felony Sexual Assault and Felony Sexual Abuse by the Cochise County Attorney’s Office.

At Jury Trial, Mr. D’s mother testified, and all the photos and receipts were brought in showing them all at dinner, smiling and happy, a mere couple of hours after his girlfriend claimed she was raped. The jury did not believe her, and Mr. D was found Not Guilty of all charges. If he had been convicted, he could have potentially spent almost 20 years in prison.

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