AGGRAVATED ASSAULT DANGEROUS (with a gun) DISMISSED – State v. Mr. P (DMC No. 9572) (Maricopa County Superior Court CR2009-158764): Mr. P was driving down the road in the area of 99th Avenue and Bell, when he was cut off by another vehicle. The two engaged in a “road rage” style of driving, and Mr. P flipped off the other vehicle’s driver. Eventually Mr. P pulled out his cell phone and held it up to get a video of the other driver’s plate. He then threw his phone on the dashboard and continued home.
When Police contacted him, they claimed that the other people said he had pulled a gun, pointed it at them and put it on his dashboard. Because Mr. P did have a gun in his vehicle (under the seat), the Police did not believe his story regarding a cell phone, and he was arrested and charged. He was originally facing 5 to 15 years in prison, but we were able to convince the Prosecutor that due to all the witness interview discrepancies, the case should be Dismissed. It was Dismissed in full.