MISCONDUCT INVOLVING WEAPON (gun involved in drug offense) REDUCED to class 6 open/Misdemeanor POSSESSION of DRUG PARAPHERNALIA with PROBATION and ZERO DAYS JAIL – State v. Mr. S. (DMC No. 6076) (Maricopa County Superior Court CR2005-140667): Police were called regarding a subject passed out inside of his vehicle, and when they contacted Mr. S. they found dangerous drugs and drug paraphernalia inside the vehicle, along with a gun. There was also body armor inside of the vehicle. We were able to show the Prosecutor that Mr. S. was an Iraqi veteran who was suffering from Post Traumatic Stress Disorder and that he only had the body armor and gun due to his mental state. In addition, he was attempting to self medicate with the dangerous drugs. They agreed to dismiss the Misconduct Involving a Weapon and plead the Possession of Dangerous Drugs down to a simple class 6 open/misdemeanor for the “Drug Paraphernalia”. At the conclusion of probation, the charge was designated a misdemeanor, and Mr. S. has no felony on his record.
