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State v. Mr. G. (DMC No. 11854)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL FELONY UNLAWFUL FLIGHT with 2 PRIOR FELONY CONVICTIONS – February 24, 2014 – State v. Mr. G. (DMC No. 11854) (Maricopa Superior Court CR2013-429181001): A Peoria Police Officer was travelling on the north bound 101 Loop Freeway when he saw a motorcycle approaching him at about 85 mph from the rear. The officer slowed down to 60 mph and then down to 50 mph. Once the motorcyclist passed the officer, the officer activated his lights and the motorcyclist indicated he would be pulling over. The motorcyclist had a passenger with a red shirt on the back of a bike. As the bike was slowing, the motorcyclist accelerated to 120 mph and took off.

About a half hour later, the officer was finishing his dinner break at a local QT at 83rd Avenue and Union Hills, when he saw what he thought was the same motorcycle with a passenger in a red shirt pass by. At jury trial, we were able to argue that the officer misidentified Mr. G.’s motorcycle. The passenger on the back of Mr. G.’s motorcycle was wearing a red Diamondbacks jersey, and there had been a Diamondbacks game that night in which many people were wearing Diamondbacks jerseys. In addition, we presented evidence that there were at least 10, 000 motorcycles of the same make and model in Arizona that could have matched Mr. G.’s motorcycle. The jury came back with the verdict of “not guilty”. Mr. G. was originally facing a 3rd felony conviction, which would have exposed him to over 5 years in prison.

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