State v. Mr. E (DMC No. 16301) – Felony Juvenile Child Molestation (14-year-old Defendant/7-year-old Victim), and Misdemeanor Assault – Reduced to Class 6 Open/Misdemeanor Indecent Exposure and Probation (with Zero Days in Jail) – Maricopa County Juvenile Court (Case No. JV 2XXXX9)

Mr. E was a 14-year-old boy who had an unfortunate and difficult upbringing. Mr. E and his younger brother were both abandoned by their Mother after she walked away. In addition, the Father was in Prison in New Mexico. They were being raised by their Foster Parents, who eventually adopted them. 

Mr. E had a 504 Plan since first grade, in which he had accommodations regarding his disabilities while he was in school. He had ADHD, Persistent Depressive Disorder, and Oppositional Defiant Disorder. He was attending Deer Valley High School, when this incident occurred. 

At some point when the boys were being taken to Tae Kwon Do practice, the younger boy told his adoptive Father that he saw his older Brother masturbating, and that his older Brother asked him to “kiss penis”. The next day, the boys were taken to a Counselor (who was a Mandatory Reporter), and then Child Help got involved. Once the boys were taken to Child Help, a Detective intervened and interviewed both boys with their adoptive Father present. Eventually, admissions were made, and the Detective indicated that Charges will be forthcoming. This is when the adoptive Father secured the services of DM Cantor. 

We were able to show through extensive Mitigation that this 14-year-old should not have a Felony record. We also showed that he was a “low risk to reoffend” after he took a Psychosexual Risk Evaluation. After a “Safety Plan” was put in place by the Department of Child Safety (DCS), we were able to secure an Offer by the Prosecution to a Class 6 Open/Misdemeanor Indecent Exposure, which included Probation and Zero Days in Jail. Mr. E successfully completed his Probation, and successfully graduated High School. He has No Criminal History on his Record, since the case was resolved in Juvenile Court and sealed when he turned 18.