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State v. Mr. L (DMC No. 15039)

Mr. L had been suffering from stress-related depression and other mental illness issues. He was in a volatile relationship with his girlfriend and they had often argued. After one of their nights of arguing, he called the next morning and told her that she better come over to his house or he was going to choke her. He then called back again and told her he was going to cut himself and start bleeding if she didn’t come over. Finally, he called back and said he was going to come and find her and choke her.

His girlfriend decided to leave home and drive to work, and while on the way she recognized Mr. L’s vehicle pull up behind her. Eventually his vehicle got in front of her and he swerved at her trying to strike her. He did hit her car and both vehicles ended up falling down a ravine on the side of the road. He then left his vehicle and began choking his girlfriend for approximately 30 seconds until other witnesses ran up and stopped the incident. He was ultimately charged with Attempted 1st Degree Murder and Vehicular Aggravated Assault Dangerous.

After we became involved with the case, we gathered up all the medical records regarding Mr. L’s mental illness. We also had a neuro-psychological evaluation conducted to show that he had ongoing issues which could be successfully treated. After all interviews were completed, a Deviation letter was prepared and sent to Prosecution. Speaking with the Prosecutor, we got him to agree to drop the case down to a Class 6 Undesignated Felony for Endangerment and a Class 6 Undesignated Felony for Aggravated Assault. At sentencing, the Judge only gave two years of probation and did not order any jail time. Initially, Mr. L was facing decades in prison.

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