MISCONDUCT INVOLVING WEAPON (man shot with gun) DISMISSED due to SELF DEFENSE and DEFENSE of OTHERS ISSUE – State v. Mr. L (DMC No. 9653) (Maricopa County Superior Court CR2010-137863):  Mr. L was at his cousin’s apartment asleep in the other room when he heard a loud banging on the door. His cousin jumped up and ran into the living room where two black males were standing holding guns and were demanding money and 2 pounds of Marijuana that was allegedly in the house. Mr. L ran into the living room with his gun, and when he saw them pointing the gun at his cousin, he opened fire and shot one of the men. Everybody ran out of the house, and were initially not cooperative with the police.

Eventually Mr. L was charged with Misconduct Involving a Weapon. We were able to demonstrate to the Prosecutor that this was truly a case of Self-Defense and Defense of Others (his cousin), and therefore Mr. L was “justified” firing his gun. We also showed the Prosecutor that Mr. L had no knowledge of any drug dealing that was going on. The state agreed, and all charges were Dismissed against Mr. L.