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State v. Mr. S (DMC No. 15586)

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State v. Mr. S (DMC No. 15586)

State v. Mr. S (DMC No. 15586) – Felony Sexual Assault (Dangerous Crimes Against Children) 30-Year-Old Adult/14-Year-Old Minor, and Felony Sexual Abuse (DCAC) – Not Charged/”Case Inactivated”, and “Unsubstantiated” by the Department of Child Safety – Gilbert Police Department Investigated (DR No. 20XX-XXXXXXXX6) and DCS (Case No. 5XXXX3)

Mr. S was 30 years old, and had married a woman who had a 14-year-old daughter. Mr. S and his new wife had two small children, and the Stepdaughter was very jealous of them. At some point, at a birthday party, she made a comment in front of Mr. S’s Mother and Sister that “I don’t have a Father, they shouldn’t have one either”. The girl also had a history of lying and dishonest behavior. 

In a Prior Police Report when she was 12 years old, Mr. S came into her room and saw a male fleeing out of the window. He grabbed the male, and called the Police. When the Police arrived, the girl stated that she did not know how the boy got in the house and that he “may have forced his way in”. She also stated she knew the young male from Church (who was 16 years old). When Mr. S retrieved her iPad, he found a message string and provided it to the Police Officer, showing there were texts going back and forth where she admitted that she invited the young man to come over into her bedroom. She finally broke down crying, because she was caught lying.

Regarding the current case, the girl waited five days to tell her Mother about the alleged incident, and the mother waited three days to contact the Police. The girl had alleged that Mr. S had crawled into her bed, touched her breasts, placed his hand inside of her underwear while he was touching her vagina and kissing her. The Mother also notified the Department of Child Safety. The Mother also took all three children, and left the household, and Mr. S was contacted by DCS. That is when he secured the services of DM Cantor. 

We put together a Biography and Timeline Memo of everything that had occurred between Mr. S and his Stepdaughter. We also secured the Prior Police Report in which she had been dishonest to the Police. With the secured Affidavits of both his Mother and his Sister overheard the Stepdaughter make threats about taking away her siblings’ Father. Ultimately, DCS “Unsubstantiated” the Allegations, and the Gilbert Police Department “Inactivated” the case. 

While all of this was going on, Mr. S filed for Divorce from his wife, and entered into a Custody Battle regarding visitation of his two younger children. Because we were able to shut down the entire case, this helped his Family Law Attorney secure him his proper Visitation and Custody Rights. Had Mr. S been originally Charged and Convicted, he could have potentially spent 27 Years in Prison on just the Sexual Assault (Dangerous Crimes Against Children) Charge. Instead, he has No Criminal Record, and he has a great relationship with his biological children.

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