State v. Mr. W (DMC No. 17588) – (2 Counts) Felony Vehicular Manslaughter, Felony Aggravated Assault, and Felony Endangerment – Not Charged – Maricopa County Attorney’s Office “Turned Down Prosecution” after Phoenix Police Department investigated (DR No. 2019-02237558)
Mr. W was travelling westbound on Bell Road at 35th Avenue, when a Ford Mustang turned left into the side of Mr. W’s car. His Dodge Avenger then was redirected, hopped the sidewalk and struck four pedestrians. One of the pedestrians died, and a second pedestrian was taken to the hospital with serious injuries, and her 31-week-old fetus was stillborn. Another pedestrian was taken to the hospital with non-life threatening injuries, and the other had an injury that did not require him to go to the hospital.
After this accident, Mr. W hired DM Cantor to defend him. It was shown that there were no drugs or alcohol in his system, and the Police Department was exclusively focused his on speed. Our Accident Reconstructionist showed that he was only going 45 miles per hour; however, the Statistical and Diagnostic Module (the SDM, or “black box”) in his car claimed he was going “in excess of 76 miles per hour.” Mr. W had had previous problems with his computer system, and we secured all maintenance records to prove that there was a problem with his SDM.
Next, we secured video from all the businesses and homes in the surrounding area, and we also interviewed all possible witnesses. Eventually, we had meetings with the Maricopa County Attorney’s Office and they officially “Turned Down” Prosecution. If Mr. W had been convicted of the potential charges, his maximum exposure would have been 60 years in Prison. Instead, he has No Criminal Record.