Hi, How Can We Help You?

Category Archives: 93 Arson Victories

Federal Felony Arson Not Charged – State v. Mr. W (DMC No. 12949) (U.S. Forest Service Investigated):  On May 27, 2012 the Bagley wildfire had started and burned a large area of the U.S. forest land.  An investigation was begun and it was claimed that a lighter was found near a campfire site where Mr. W had been.  The forest service had claimed that area was accessed from Saguaro Lake by way of a boat. There was a grill that was used, and food was cooked.  It was claimed that the fire had accidently gotten out of control and burned one and a half acres.  It caused the evacuation of 40 campers in the area.

We were able to contact the investigator for the U.S. Forest Service and present evidence that showed he was only in the area of the fire, along with the other 40 campers, and that there was no evidence that Mr. W was involved in the fire itself.  Ultimately, the Assistant United States Attorney declined the charge of felony arson due to a lack of criminal intent.

Mr. T had lived in a neighborhood in which there had been numerous arson fires regarding cars and dumpsters over the previous 3 years. There was a report of a car on fire by a neighbor who stated that they had seen Mr. T run from the area of the car into his apartment. When police arrived, they attempted to have Mr. T leave his house to talk to them, but he refused. They eventually broke down the door and took him into custody. He was charged with arson and resisting arrest.

We were able to show that Mr. T had merely been in the area looking at the car because it had been on fire, and that he had not actually set the fire. In addition, Mr. T had been drinking and was scared when the police came to his door. Lastly, Mr. T and his life partner were both concerned that the police would rough him up due to his sexual orientation. And, in fact, the police had roughed Mr. T up when they took him into custody. We ultimately had the arson charge dismissed, and the case was plead to the resisting arrest with probation and zero days in jail. Originally Mr. T was facing a minimum of 4 years and a maximum of 8 years in prison on the arson charge alone.

ARSON NOT CHARGED – State v. Mr. Z (DMC No. 9614) (Chandler Police Department Investigated):  Mr. Z was a 13 year old Junior High student who befriended an older high school girl. They broke into an abandoned foreclosed home, and started a fire inside the house. After the house had filled with smoke, they heard a knock at the door and they ran out the back. They were followed by a man in a pickup truck, and Chandler PD was called in. Chandler Police Department interviewed Mr. Z, on two separate occasions, and he admitted to being with the girl who started the fire. We became involved and were able to present evidence that Mr. Z had various psychological issues and was on medication. In addition to that, his youthful age also helped convince the Police Department to not file criminal charges against Mr. Z. This was a matter that his parents could handle.

ARSON, RECKLESS BURNING and CRIMINAL DAMAGE DISMISSED – State v. Mr. T (DMC No. 7572) (Maricopa County Juvenile Court JV-857561): Mr. T was a 15 year old boy who had previously been charged with Arson, but after completing safety classes the charges were dismissed. On the newest incident, police were called to his home when a fire had started in his bedroom. He was also questioned and made partial admissions to two vehicles being lit on fire in the neighborhood. He ultimately admitted that he had a problem with fire, and he was charged in the Juvenile Court system. Because there were issues with his questioning without his parents being present and not being read his Juvenile Miranda Rights, we were able to negotiate a Diversion Dismissal Agreement which allowed Mr. T to do Probation while he was taking classes and receiving counseling. Ultimately, he successfully completed counseling and he has no convictions on his record.

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. P. (DMC No. 11846) (Tempe City Court 13-008832): Police received a call that some trash was burning in a trash can in the bathroom of the Tailgate Sports Bar on Broadway Road in Tempe.  One of the bartenders indicated that she thought it was Ms. P. that set the fire.  Officer’s pulled Ms. P. over with her boyfriend down the road and then they arrested him for a DUI.

We were able to have that DUI dismissed due to the officer being untruthful (he was eventually terminated).  After he was fired, Ms. P. was then charged (many months later).  We were able to argue that this was a potentially vindictive prosecution, along with the filing of a “Corpus Delicti” Motion, and the entire case was dismissed.

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. A. (DMC No. 7560) (Phoenix City Court 3684834): Ms. A. had been in an argument with her boyfriend at a BBQ, and when she left she set a box on fire in the driveway.  When police found her parked on the street, they noticed smoke inside of her vehicle.  They saw she had a burning pan of charcoal in the backseat, along with a container of lighter fluid.

She had told police that she had merely wanted to “get her boyfriend’s attention”.  She was originally going to be charged with Arson, however we were able to convince the Prosecutor to charge it merely as a misdemeanor “Reckless Burning”.  We then negotiated a “misdemeanor compromise”, and the State agreed to dismiss all charges.  Ms. A. was originally facing a felony with potential prison time.

Call Now Button