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State v. Mr. R (DMC No. 704)

NOT CHARGED | AGGRAVATED ASSAULT with GUN (dangerous) – State v. Mr. R. (DMC No. 704) (Phoenix Police Department DR2008-1567021): Mr. R. was driving with his young daughter when another driver engaged him in a road rage.  They began to argue and once the cars stopped at a light, the other individual got out and started to approach the daughter’s side of the vehicle.  Mr. R. retrieved his gun from a fanny pack while it was still in a holster, held it up to display it (without pointing it at the other person), and the other person then turned and left.  The alleged victim called police and claimed that the gun was pointed directly at him and that Mr. R. had initiated the confrontation.  Through interviews with various witnesses, we were able to convince the police and prosecutors to not file charges.  Mr. R. was originally facing 5 to 15 years in prison.


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