Not Charged/”Turned Down” by the Maricopa County Attorney’s Office | Felony Negligent Homicide (Chokehold)
State v. Mr. H (DMC No. 19008)
Peoria Police Department Investigated (DR No. 20XX-XXXXXX9)
Mr. H was a 260-pound freshman who played football for a local High School in Surprise, Arizona, and his Dad would often get into very physical wrestling matches at their house. While engaged in one of these wrestling matches, Mr. H put his Father in a chokehold. His Father suddenly passed out, and after Medical Providers arrived, he was taken to the Hospital where he later died. The Police then came to Mr. H’s house and began questioning everybody in the household. When this occurred, it was then that the services of DM Cantor were secured.
Once we became involved, we immediately secured all of the Medical Records of Mr. H’s Father. Approximately six years prior, he had undergone open heart surgery and had a “large zipper” scar on his chest. In addition, his records showed that he was in still in very poor heart health, and he should not have engaged in any activity that would raise his heart rate above 150 beats per minute. We also obtained a copy of the Autopsy Report, which showed that Mr. H’s Father had very severe coronary disease. After interviewing all of the family members that were present in the house, we put together a “Trebus/Bashir” Letter and submitted it to the Detectives in order to convince them not to Route the case to the Maricopa County Attorney’s Office for Charging. Despite all of this, they still sent the entire package over to the Maricopa County Attorney’s Office with a request for Charges of Negligent Homicide against Mr. H.
We then contacted the Maricopa County Attorney’s Office Charging Bureau, and also presented them with a copy of our Trebus/Bashir Letter. We also discussed of all of the facts involved, and explained to them that this was merely a tragic accident. Ultimately, the Maricopa County Attorney’s Office Declined to file Charges and “Turned Down” the case. Had Mr. H been Charged with Negligent Homicide in Adult Court, he could have spent up to the next 8 Years in Prison. Instead, after withdrawing from school for one semester and going through counseling, he got his life back on track and is now getting straight A’s.
