State v. Mr. P (DMC No. 17170) – Felony Kidnapping (Dangerous Crimes Against Children), Felony Sexual Conduct with a Minor (DCAC) 47-year-old Adult/8-year-old Minor, and Felony Indecent Exposure – Reduced to Attempt and Probation (with 11 Years DOC) – Maricopa County Superior Court (Case No. CR2019-118543)
Mr. P was a career firefighter with the Gilbert Fire Department and was a Captain. He had sustained on-the-job injuries, which led him to becoming addicted to Soma (a painkiller and muscle relaxant) and alcohol. He also was serving as a Fire Department Wellness Counselor who had talked to many firefighters who suffered from Post-Traumatic Stress Disorder. This in turn gave Mr. P many nightmares which he would try to self medicate with alcohol and pills.
While attending a house party of a friend of his, he began drinking excessively and taking numerous Soma pills. He thought he was flirting with a friend’s 19-year-old daughter, and he went into her dark bedroom, and he removed all of his clothes and climbed in bed with her (or so he thought). The allegations were that was then having oral sex, and it turned out it was with the 8-year-old niece who was asleep in her Aunt’s bed. The girl ran away to the bathroom, and he left shortly thereafter.
The next day, he received a telephone call from the girl’s Grandfather in what is known as a “Confrontation Call”. This call was tape recorded by Detectives. When he was asked what had happened, he told the story of how he went in and climbed in bed with a 19-year-old, and then left when she yelled and ran away. When he was told that it was actually an 8-year-old, he began crying and stated he would have never done anything like that knowingly. He also talked about the alcohol and pills, and how he had no direct memory of any of that occurring. He was Arrested shortly thereafter, and then DM Cantor became involved in the case.
We immediately got him scheduled for a Psychosexual Risk Assessment, and we ordered all of the Police Reports. While this was going on, Mr. P was attacked by another former firefighter with a knife. That firefighter was Arrested and Charged with Aggravated Assault with a Dangerous Weapon. In addition, his ex-wife and estranged adult daughter came forward and made allegations that he had touched the daughter inappropriately years prior.
During the course of this case, it became a “High Profile Case” due to his job. There was extensive media coverage. During the Psychosexual Risk Evaluation, Mr. P “passed” a Polygraph showing that he had never before touched a child. In addition, other tests showed that he had “No Pedophilic Tendencies.” Ultimately, at a Settlement Conference, we were able to negotiate a Plea with a range of 10 to 12 years in Prison. After all Mitigating Evidence was presented, the Judge imposed a Sentence of 11 years at DOC. If Mr. P had gone to Trial and been Convicted of all the original C harges, he would have spent the Rest of his Life in Prison.
