Reduced to Negligent Homicide (Non Dangerous) and Probation (with 4-1/2 Months of actual Jail) | Felony Manslaughter Dangerous (with Gun)
State v. Mr. S (DMC No. 18147)
MARICOPA COUNTY SUPERIOR COURT (CASE NO. CR2021-006020)
Mr. S worked with the deceased and his cousin at the UPS warehouse. While Mr. S and the deceased were waiting for the deceased cousin to get off of work, the deceased asked to see Mr. S’s new handgun. This Glock handgun had just been purchased, and the two men went inside of Mr. S’s pickup truck to sit and look at it. Mr. S removed the clip from the weapon, and handed it over to the deceased. The deceased then began playing with the handgun and wielding it around after he had pointed it at Mr. S. Mr. S went to grab the handgun, and there was (unbeknownst to either of them) a bullet in the chamber which discharged, and struck the decedent and killed him.
When the police arrived, various UPS Security Guards were attempting to do CPR on the deceased. Ultimately, the Police arrived, and they took Mr. S into custody for Manslaughter Charges. At that time, DM Cantor was retained to represent him. The first thing we did was file a Motion to Modify Conditions of Release to have Mr. S get out of Jail. Due to the time constraints and the Responses filed by the State, and by the deceased’s representatives, Mr. S spent 46 days in Jail before he was finally released.
We then secured a Firearms Expert and a Biomechanical Expert to show that this, in fact, was just an accidental shooting. After extensive negotiations, the State made an offer of Negligent Homicide. Because Mr. S risked the proposition of 7 to 21 years in Prison, and the State was claiming that he knew (or should have known) that there was still a bullet left in the chamber, Mr. S accepted the Plea Agreement. Ultimately, Mr. S received 6 months in Jail (minus the 46 days that he had already served in pretrial detention), and he only had an additional 4-1/2 months before he was Released on Probation. If he had been convicted of the original charge, he could have spent up to 21 Years of his Life in Prison.
