Not Charged | (2 Counts) Felony Vehicular Manslaughter (Dangerous), (2 Counts) Felony Vehicular Hit & Run, and (2 Counts) Felony Vehicular Aggravated Assault (Dangerous)
State v. Mr. M (DMC No. 18145)
PHOENIX POLICE DEPARTMENT INVESTIGATED (DR NO. 20XX-XXXXXXX4)
Mr. M had stopped at a Circle K on 35th Avenue and Dunlap in order to get some gas. As he left the parking lot at 10-15 miles per hour, he failed to yield at a stop sign, cut across three lanes of traffic, and immediately made a left-hand turn onto 35th Avenue. Another vehicle that was travelling in the other direction swerved to avoid him, hopped the curb, and struck a bus stop. Two of the pedestrians were dead, and two were seriously injured.
During the investigation, it was determined that the driver involved in the collision was not impaired by alcohol or drugs, and was travelling 48 miles per hour in a 40 mile per hour zone. Other witnesses at the scene, told the Police that there was “no way that the other driver did not know that there had been an accident” due to the sound of the crash itself. Based on video surveillance evidence from the Circle K, and other areas, it was determined that Mr. M was the driver of the vehicle that continued from the accident scene.
Police contacted Mr. M, and then DM Cantor was brought in to defend him. During the course of the defense, we secured additional video evidence, and also worked with the Insurance Company to secure an Accident Reconstructionist Report. We also brought in a Mitigation Expert to talk with Mr. M’s friends and family, in order to show his good character and lack of criminal record.
We were able to provide the Detectives that the video did not show Mr. M speeding away on 35th Avenue after the crash, and it was apparent that he had no idea there had been an accident. Usually, if somebody thinks they are involved in an accident, they will immediately slam on their brakes, and then speed up to “get away.” None of that occurred in this case. Although the Detectives were seeking to charge Mr. M with two counts of Vehicular Manslaughter, and two counts of Leaving the Scene of a Fatal Accident, along with two counts of Aggravated Assault regarding the two surviving individuals, we were able to shut the case down at the Detective level. If the Detectives routed this to the Maricopa County Attorney’s Office, and if Mr. M were charged, he would have faced the rest of his Life in Prison. Instead, he is a free man today.
