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State v. Mr. W (DMC No. 14774)

State v. Mr. W (DMC No. 14774) – Felony Sexual Assault and Felony Sexual Conduct with a Minor – Not Charged – Pinal County Sheriff’s Office Investigated (DR No. 20XX-XXXXXX3); Pinal County Attorney’s Office “Turned Down.”

Mr. W was a 20-year old student who was at a party with friends. The alleged victim was a 16-year old girl who had sex with her boyfriend earlier in the day. She went to the party without her boyfriend because they were breaking up due to the fact he was moving out of state. She was drinking and then began kissing Mr. W on an off at the party. She agreed to go into another room with him alone, and they began kissing. Mr. W eventually gets out a condom and the two engage in consensual sex.

The alleged victim woke up a couple of hours later, and then called her boyfriend and claimed that she was held down and forcibly raped, all without a condom. When the Police arrived, she neglected to tell them about having sex with her boyfriend earlier in the day. Ultimately, DNA was collected and it only showed the DNA of her boyfriend, and not of Mr. W. Mr. W was taken into custody and questioned. While Mr. W was being questioned, he asked for an attorney, yet the Detectives persisted in violation of Mr. W’s Miranda rights. Ultimately, Mr. W told the police that the alleged victim said she was 18-years old, and that they had consensual sex and he wore a condom.

The case was ultimately routed to the Pinal County Attorney’s Office for review of charging. We became involved when we put together a Trebus/Bashir Letter which included a passed Polygraph Examination by Mr. W, plus a detail of everything that happened at the party. After speaking with the Deputy County Attorney on numerous occasions, he eventually “turned down” the case for prosecution. In addition, he was also willing to write a letter to the military on Mr. W’s behalf showing that the charges had been turned down, that way Mr. W could get into the Air Force and serve his country. Originally, Mr. W was facing a couple decades in prison. The case ended with absolutely no charges on his record.

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