FELONY ESCAPE, FELONY AGGRAVATED ASSAULT on a POLICE OFFICER and FELONY RESISTING ARREST REDUCED to MISDEMEANOR with ZERO DAYS in Jail – State v. Mr. D (DMC No. 7700) (Maricopa County Superior Court CR2007-158714): Mr. D was a student at ASU and was tailgating in an ASU parking lot prior to a football game. He was seen carrying a closed beer, and an Officer asked him his age. He put the beer in his pocket and then the Officer spun him around, cuffed him and threw him to the ground. Mr. D then got up and ran a short distance before he was tackled and held by Police. He was subsequently charged with Felony Escape per Arizona Revised Statute ARS 13-2503, Felony Aggravated Assault on a cop per Arizona Revised Statute ARS 13-1204(8)(A), and Felony Resisting Arrest per Arizona Revised Statute ARS 13-2508. We were able to show the Prosecutor that he never actually “resisted arrest” or fought with the Officer, and that he was only scared when he got up and ran. They agreed to reduce his charge to simple Misdemeanors with no days in Jail. Because he had no felonies on his record, he was allowed to remain at ASU.
FELONY ESCAPE NOT CHARGED – State v. Mr. M (DMC No. 6645) (Scottsdale Police Department No. 06-19488): Mr. M was pulled over in the City of Scottsdale at Thomas and Hayden Roads for allegedly slamming on his brakes at a red light. He then “peeled out” and made a right turn. Officers pulled him over and conducted a DUI investigation. He produced a BAC of .194 on a Portable Breath Test. Afterwards, as he was told he was being placed under arrest, he stated “I think I’m going to run”, and then he ran from Officers. He was subsequently tackled and arrested for DUI and Felony Escape per Arizona Revised Statute ARS 13-2502. We were able to convince the Prosecutors to not charge the Felony Escape, and simply keep the DUI at the City Court level. Although he had to deal with a DUI, no felony charges were ever placed on his record.
(2 Counts) CONTRIBUTING to the DELINQUENCY of a MINOR and (1 Count) OPENED CONTAINER DISMISSED – State v. Mr. G (DMC No. 8392) (Glendale City Court CR2008-000129): Glendale Police Officers responded to an alarm call. When they arrived in the location, they saw Mr. G’s van parked with him and several other occupants inside. There were two other unoccupied vehicles parked next to his van. The Officer ordered everyone out of the van, and they discovered there was alcohol inside of the van and open containers. They did not ask where the alcohol came from, and immediately cited everybody for Open Container per Arizona Revised Statute ARS 4-251(A)(2), and the two minors were cited with Minor in Consumption. Mr. G was charged with 2 Counts of Contributing to the Delinquency of a Minor per Arizona Revised Statute ARS 13-3613(A).
During the course of the case, we showed that there was no evidence gathered by the Officers proving that Mr. G had furnished the alcohol. The Prosecutor agreed to dismiss all charges if Mr. G would do alcohol classes and remain law abiding for 6 months. Mr. G had no convictions on his record.