State v. Ms. E (DMC No. 16861) – Felony Aggravated Assault on a Minor (34-year-old Adult/15-year-old Minor), and Felony Child Abuse – Not Charged/”Turned Down” by the Pima County Attorney’s Office – Tucson Police Department Investigated (DR No. 20XX-XXXXXXX9), and Pima County Sheriff’s Office Investigated (IR No. 20XX-XXXXXX0)

Ms. E was a young mother and a former military veteran. She had a son who had various behavioral issues, and who was using drugs. At 5 a.m., she went into his bedroom and saw that he was passed out. She also saw that he was looking up pornography on his laptop which was open. She told him that she was going to discipline him by spanking him with a belt five or six times, and at that point he called her the “C” word. She then slapped him with an open hand.

When her son got to school, he alleged that he had been struck with a laptop five to six times, hit with a wooden rod, and that he was choked for at least 30 seconds and almost passed out. At that point, the school (being a “Mandatory Reporter”) called the Police Department. The Sheriff’s Office initially came out, and then turned the case over to the Tucson Police Department. When the Detectives contacted Ms. E, that’s when she secured the services of DM Cantor. 

We became involved, and put together a packet explaining exactly what had occurred. We also provided Ms. E’s extensive military service records, and her son’s extensive behavioral health records. Lastly, we showed that the marks that the boy described did not match the actual marks that he had received. Ultimately, the Pima County Attorney’s Office “Declined to File” prosecution. In addition, they sent the case to the City Prosecutor’s Office, and they “Declined” prosecution as well. Had Ms. E been Charged and Convicted with the original crimes, she not only could have lost her job, but she could also have actually gone to Prison. Instead, she has No Charges and a Clean Criminal Record.