State v. Mr. O (DMC No. 17589) – Felony Arson (Dangerous), and Felony Burglary (Dangerous) – Reduced to Criminal Damage Class 6 Open/Misdemeanor (with Zero actual Days in Jail) – Maricopa County Superior Court (Case No. CR2020-001565)
Mr. O worked for his family business in Tempe, which had two Federal Tax Liens totaling almost $1.2 million against the business. In addition, the four bank accounts of the company only had a $50 balance at the bank, and there was a credit card balance owed of approximately $20,000. Subsequently, Mr. O’s family business was destroyed by fire, which appeared suspicious. On the date of the fire, Mr. O was at the building until approximately 1:40 a.m., and he left to go home. He was awaken at 5:05 a.m. regarding a fire alarm being set off. Lastly, Mr. O had been going through custody issues with the mother of his child, so he lived alone.
When the Tempe Fire Department had arrived, they found three separate Arson devices within the building that started the fire. What was unusual is that the company had recently invested $300,000 into new software, and Mr. O’s ex-wife had texted Mr. O regarding his “shady” business practices and she said “$300,000 you won’t have to see ever again”. All of this was very suspicious. Ultimately, Mr. O was indicted for Arson and Burglary. He then secured the services of DM Cantor to help him defend his case.
We were able to get the first Indictment Set Aside and Remanded to the Grand Jury. After the second Indictment came down for the same charges, we had hired an Arson Investigation Expert to look into the case. Even though the management company had 160 to 200 clients, with over $50 to $60 million dollars moving through the company payroll (with $1.5 to $2 million in revenue every year), it was only netting $12,000 to $18,000 in profit each year. Lastly, when Mr. O was questioned by Police on the night of the fire, and he was asked if he had started the fires, and he said “I don’t think I did it”.
Due to the various issues that the prosecutor had regarding proof, we were able to negotiate a deal Reducing the Arson and Burglary Charges down to Criminal Damage, Class 6 Open/Misdemeanor with Community Service and No up front Jail. If Mr. O had been convicted, he could have spent potentially a Decade in Prison.