Reduced to 13 Years Actual DOC | (3 Separate Cases) Felony Vehicular Manslaughter (.154 BAC), (Class 2) Felony Fatal Hit & Run Accident, (Class 2) Felony Kidnapping Dangerous (with Shotgun), (Class 6) Felony Possession of Marijuana, (Class 6) Felony Possession of Drug Paraphernalia, (Class 3) Felony Aggravated Assault (Dangerous), (Class 6) Felony Vehicular Endangerment (Dangerous), and (Class 6) Disorderly Conduct Dangerous (with Shotgun)
State v. Mr. S (DMC No. 17302, 17303, and 17480)
MARICOPA COUNTY SUPERIOR COURT (CASE NOS. CR2019-118472; CR2019-107761; CR2019-128772)
The First case occurred in the month of February, and it involved Mr. S, his ex-girlfriend, and a gentleman who was going to take her to a sorority function. Mr. S had dated his ex-girlfriend for over four years, and they had broken up about six months prior. However, Mr. S had only moved out two weeks before the incident. Because shared a dog, Mr. S pulled up the nanny-cam that would monitor the dog, and saw a male in the apartment with his ex-girlfriend. He then sent a text message stating he was on his way “with a shotgun.” Once he got there, he banged on the door and pushed his way into the apartment.
He then went upstairs and saw a gentleman sitting on his ex-girlfriend’s bed. The man had said that he was going to a sorority event, and that he had only met the ex-girlfriend one time before. Mr. S allegedly pointed the shotgun at his torso and face, and racked the gun. He stood in front of the doorway and would not let him leave. Eventually the man was allowed to leave (after he said he “begged” for his life), and the ex-girlfriend called Police. After Mr. S left and the Police arrived, Mr. S called approximately 10 times while his ex-girlfriend was speaking with Police. Finally, she put the phone on speaker while the Detective was listening. Mr. S did not deny that he came in with a shotgun. At that point, his ex-girlfriend said he needed to turn himself in at the Police Station, which he did fairly quickly. He also brought the shotgun when he self-surrendered.
He was ultimately charged with Burglary, Kidnapping, Aggravated Assault Dangerous, Disorderly Conduct Dangerous, and two Misdemeanor Threatening and Intimidation charges.
The Second case occurred about two months later, in the month of April. Mr. S had left his apartment and was driving eastbound near 37th Street and McDowell Road. There were two gentlemen walking on the side when Mr. S’s vehicle jumped the curb and struck one of the men. Mr. S’s tire immediately blew out, and he pulled into an apartment complex just up the road where he used to live. He called a couple of friends to come help him change the tire, and when they got there they got into an argument. At that time, Mr. S then began running back to the location where the accident was.
When he got there, he was asking the Police if everything was okay and if the victim was okay. The other gentleman stated that he was talking with his friend, and then he felt a “rush of air” and his friend was lying on the ground 75 feet away. That individual could not identify Mr. S, but Mr. S did state that he had driven by and his tire had “exploded.” He said he did not see any pedestrians. Mr. S was eventually taken to the Police Station, and he called DM Cantor at that time.
One of our Attorneys was speaking to him, and requested to the Officer that he be released to get an Independent Chemical Test of his blood. Instead, he was booked into the jail without being given this opportunity. In addition, we later found out he was questioned without being given his Miranda Rights, after they realized he was involved in the accident. He subsequently was charged with Manslaughter, Endangerment, and Fatal Hit-and-Run.
The Third case occurred in August of the same year, in which Mr. S was found to have Marijuana and Drug Paraphernalia in his possession.
We were retained to represent him in all 3 cases, and it became clear that we needed to resolve this with a “Global Plea.” We immediately secured a Mitigation Expert, and had all of his friends and family interviewed, along with all of his school records showing his IEP’s growing up. We also had a Neuropsychological Exam performed in order to see if he had any neurological impairments. Next, we conducted an Accident Reconstruction and Roadway Defect Analysis, and had his vehicle inspected for any potential malfunctions. After securing all of this Mitigation Evidence, we set the case for a Settlement Conference with the Prosecutor and an independent Judge.
We were ultimately able to secure a Global Plea that included a presumptive term of 10.5 years for Manslaughter, followed by consecutive term of 5 years for the Fatal Hit-and-Run. The other charge of Aggravated Assault was also run concurrently within the Sentence, and all other Charges were Dismissed. In other words, the total sentence was 15.5 years to be served at 85.7%, along with a 3 month early “kick-out,” for a total of approximately 13 years actual Prison. If Mr. S had been convicted on all charges and given the maximum sentence, he could have received over 80 years in Prison. Because Mr. S was in his early 20’s, he will get out of Prison in his mid-30’s and have decades of free life in front of him.
