State v. Mr. S (DMC No. 17493) – Felony Sexual Abuse (49-Year-Old Adult/17-Year-Old Minor) – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXXX1)
Mr. S was born in Mexico and became a Naturalized Citizen of the US. He went to High School in El Paso and was in the Navy for four years, and received an Honorable Discharge. He had no criminal history, and he was an aviation electronics technician while in the Navy. He eventually met and married a young woman from Mexico who already had two daughters. After they were married, they had a son together, and they all moved to Phoenix, Arizona. His wife was working as a housekeeper and had a massive heart attack, and unfortunately passed away. This left Mr. S with raising all three children at his house.
The son and middle daughter would often sleep in his bed, as they were a very close family. As his middle daughter approached 17 years of age, she became more independent and was resisting the rules of his household. She also wanted Mr. S to “buy her a car” that she could not afford. Mr. S came home from work one day, and both daughters’ items had been packed up, and his ex-Mother-in-law stated they were moving out of the household because he had “grabbed the middle child’s breast two different times while they were in bed together”. He denied all of these Allegations, and figured they would move back shortly.
Approximately a month and a half later, Mr. S was contacted by a Detective from the Phoenix Police Department, and he agreed to answer questions. He Denied all Allegations, and he agreed to do a Polygraph test at a later date. It was after this meeting that the services of DM Cantor were secured.
Once we became involved, we put together a Biographical Memo and a Timeline of all events. We also had Mr. S take and “pass” a Polygraph Examination. Lastly, we contacted the Detective and explained that none of this ever happened, or if it did, it was completely accidental while Mr. S was sleeping. Ultimately, we convinced the Detective Not to forward the case on to the Maricopa County Attorney’s Office for Charging. Had Mr. S been Charged and Convicted of both counts, because they were Class 3 Felonies he could have spent well over 5 Years in Prison.
