State v. Mr. M (DMC No. 16931) – (2 Counts) Felony Sexual Assault (“Me Too” Allegation) – Not Charged/”Turned Down” by the Maricopa County Attorney’s Office – Glendale Police Department Investigated (FI No. 20XX-XXXXX7), and Maricopa County Superior Court (Case No. PF20XX-XXXXX5)
Mr. M was a student at Liberty High School and was a senior. He had gone to Dutch Bros. Coffee with two sophomore girls, and was giving them a ride home. He became flirtatious with the girl in the front seat, and then dropped her off at her house. The girl in the backseat then got into the front seat, and claimed that Mr. M stated that he would not give her a ride home “unless she gave head”.
The alleged victim stated that he grabbed her hand, and put her hand on his penis. She then stated that he forced her head down and made her give him oral sex. She was subsequently dropped off at home and went inside. Approximately three months later, she told her mother about the incident, and claimed she was Sexually Assaulted.
The mother then called the Glendale Police Department and they contacted the second girl in the vehicle, and she stated she did not see any of this because she was dropped off first. The Police then contacted the alleged victim, and she told her story. Due to the fact that they were driving, there was some confusion about whether the jurisdiction would be in Peoria, or Glendale. After all of this, a “Confrontation Call” was arranged, whereby the girl who was dropped off first called Mr. M, and that call was recorded by a Detective. He denied that he ever forced the alleged victim to do anything. And that everything was consensual.
A second “Confrontation Call” was made, this time by the victim. As she was yelling at Mr. M, he apologized for what he may have done. After these calls are made, the Police went by Liberty High School and arrested Mr. M. At that point, his father calls DM Cantor and we become involved in the case.
After his Initial Appearance on 2 Counts of Felony Sexual Assault, we requested copies of the Police Report. It is at this time we discover that while he was being interrogated by the Police, they had him write an “apology letter” to the victim. Because Mr. M was 17 at the time of the offense, we were arguing that we could suppress all questioning because he was not read his “Juvenile Miranda Rights”. Ultimately, the Maricopa County Attorney agreed to not move forward with charges, and Mr. M has No Criminal Record. If he were charged and convicted of 2 Counts, he could have spent a maximum of 30 years in Prison.
