Reduced to Second Degree Murder (with Lowest Possible Sentencing at Sentencing Hearing) and 20 Years DOC | Felony First Degree Murder Dangerous (with Gun), and Drive-By Shooting (Dangerous)
State v. Mr. T (DMC No. 17580)
Maricopa County Superior Court (Case No. CR20XX-XXXXX8)
Mr. T was driving in the area of Southern Avenue and 48th Street, when he was stopped at a red light. When the light turned green, the vehicle behind him started honking in an aggressive manner. Mr. T went through the light, and pulled over to the right lane so the other vehicle could pass. The person in the other vehicle pulled up next to him, started swearing and stated “want to play, want to play”. It was at that time the other driver reached down to pull something up, which was done in a very aggressive manner.
Mr. T believes he saw the man holding a black semiautomatic pistol, and Mr. T immediately reached over and grabbed a gun that he had on his passenger seat next to him. Mr. T then pointed the gun out the window and fired four to five times. The other driver then sped away and drove off. Mr. T went to his apartment, and then told his friend what had occurred. Later on that night, the T.V. news showed that the other driver had indeed been shot, drove for about a quarter mile, struck a pole and then his car burst into flames. He was pronounced dead at the scene.
Approximately a day later, Mr. T went to the Tempe Police Station and turned himself in. There, he told the Officers that he was involved in the shooting, and that he feared for his life. He was subsequently Arrested and Booked into Jail. It was at this time that the services of DM Cantor were secured by his Grandparents.
Once we became involved we searched the entire area for security camera footage which could show what had occurred. Most of the footage obtained showed the vehicle crashing and bursting into flames. We also obtained all of Mr. T’s prior Medical Records and secured the services of a Mitigation Specialist. During our investigation, we uncovered significant Mitigation regarding Mr. T.
Once we put together our Mitigation Package, we sent it to the Prosecutor and sat down in order to discuss a possible Plea Agreement. Because no gun was found inside the other driver’s personal car, a Self Defense Claim would be difficult at Jury Trial. However, the Police did indicate there were no leads connecting Mr. T to the crime, and if he would not have come forward, there may have never been an Arrest made in the case. In addition to his Cooperation in the Investigation, we showed that he had a long history of Post Traumatic Stress Disorder. This was documented when he was 15 years old, showing he had ADHD symptomology, and had to be placed on an Individual Education Plan (IEP) while at school. Ultimately, the Psychologist who reviewed his case determined he was “Psychologically Disabled”, and was placed into an inpatient facility at 15 years old for Trauma Treatment.
We also showed he had No Prior Criminal History. He also performed extremely well on Pretrial Release, and he was loved and supported by his Grandparents who had raised him. Ultimately, the Prosecutor agreed to Reduce the Charges from First Degree Murder down to Second Degree Murder, with a potential Prison Range of 20 to 25 years. At the Sentencing/Mitigation Hearing, we convinced the Judge to give the Lowest Possible Sentence under the plea of 20 Years in DOC. Had Mr. T gone to Jury Trial and been Convicted of First Degree Murder, he would have been Sentenced to Natural Life in Prison.
