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State v. Mr. S (DMC No. 9573)

NOT CHARGED/REDUCED | SEXUAL CONDUCT with a MINOR (DCAC) NOT CHARGED/2 COUNTS FELONY INDECENT EXPOSURE REDUCED to MISDEMEANOR INDECENT EXPOSURE with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 9573) (Pinal County Attorney’s Office CR2009-01500): Mr. S. was a widower who worked at Home Depot with a friend whose daughter and grandkids needed a place to stay. He brought them in and let them stay for free and helped out with her children out of the kindness of his heart. The mother was a drug abuser who began to steal from Mr. S. When she was confronted, she then had her two children (ages 7 and 8) make various allegations against Mr. S. We became involved with Detectives and provided them with a copy of a polygraph in which Mr. S. passed with flying colors. Because of this, no charges were brought against Mr. S. for Sexual Misconduct with a Minor, Dangerous Crimes Against Children (DCAC) per Arizona Revised Statue 13-1405. However, charges were brought against him for Indecent Exposure under ARS 13-1402 to the two children because he had admitted to Detectives that while changing the kids would come into his room and had seen him naked.

During the pendency of Mr. S.’s case, we presented evidence that this was incidental and not done on purpose or for a sexual purpose. However, Mr. S. had admitted to Detectives that he could have been more careful, and he could have covered up quicker than he had. Therefore, we secured an offer to a simple Misdemeanor with Probation, no jail and Mr. S. did not have to register as a Sex Offender. The original allegations exposed Mr. S. to potentially the rest of his life in prison.

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