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Category Archives: 53 Assault/Domestic Violence Pre-Charge Victories

SEXUAL ABUSE, ASSAULT and TRESPASSING NOT CHARGED– State v. Mr. L (DMC No. 8342) (Chandler Police Department DR 08-07-1156): Mr. L was a 67 year old maintenance man for 179 room apartment complex. He was asked by a supervisor to check the fire extinguishers in each of the rooms. He had knocked on one of the apartments, received no answer and then entered the apartment to check the fire extinguisher. A 79 year old female resident became startled and he informed her of what he was doing. She became more upset, and he placed his hand on her shoulder and told her it was okay and he left. She then made a complaint that Mr. L had fondled her buttocks while he was in the apartment. When we became involved, we were able to show the Detectives that the 79 year old woman had a history of Dementia. We also showed corroboration that he was instructed to go into these apartments to check all fire extinguishers. No charges were brought against Mr. L.

NOT CHARGED | ENDANGERMENT/ASSAULT and POSSESSION of MARIJUANA – State v. Mr. M. (DMC No. 1210) (West Mesa Justice Court A426477): Mr. M. pulled up to a convenience store when another vehicle pulled up and the driver “flipped him off”.  He ran up to speak to the driver, and as he did so he turned his hip to reveal a gun on a holster.  The other driver apologized and Mr. M. went into the store.  Ten minutes later police showed up and arrested him.  They claim they found marijuana in his possession, and charged him with endangerment, assault, and possession of marijuana.  Because Mr. M. had invoked his right to remain silent, along with our explanation to the Prosecutor that he never threatened the use of his weapon (or made threats in any way), and no charges were filed against Mr. M.

ASSAULT NOT CHARGED – State v. Mr. L. (DMC No. 5887) (Phoenix Police Department DR2004-42434207): Mr. L. was at a movie theater with his girlfriend and kids, when his girlfriend asked some people if they can move down so they could sit.  Another person in the row behind them stated “shut up bitch” and Mr. L. got into an argument with the alleged victim.  Words were exchanged, and the other gentleman rapidly approached Mr. L.  Mr. L. grabbed him by the shirt collar, and then an off duty Sheriff’s Deputy intervened. Although a report was taken against Mr. L., we were able to convince the Prosecutor to not file charges as he merely used proper force while defending himself.

NOT CHARGED | ASSAULT – State v. Mr. B. (DMC No. 6765) (Tempe Police Department DR06-107539): Mr. B. had had a tumultuous relationship with his girlfriend.  She had begun drinking and began checking his cell phone, and discovered text messages from other girls.  She became upset, and attacked him while he was sleeping.  A struggle ensued, and he threw her off the bed. The next day, his girlfriend confronted him at a restaurant, and began arguing with him again.  She then left and called police, claiming that he had assaulted her the night before.  We were able to show the police that he acted in self defense, and no charges were filed.  She later filed an Order of Protection, and after a Hearing, the Judge determined she was not credible and we were able to have that Order of Protection also dismissed.

 

 

NOT CHARGED | ASSAULT – State v. Mr. S. (DMC No. 5492) (Scottsdale Police Department DR04-21889): Mr. S. and his wife were not getting along, and were headed towards divorce.  Mr. S.’s wife had been drinking all day, and she attempted to strike Mr. S.  He defended himself and held her down.  She was not injured, went to sleep, and then called the police the next day.  We were able to explain the whole situation to the police that this was a potential scheme being utilized by Ms. S. in the upcoming divorce.  No charges were ever brought against Mr. S.

NOT CHARGED | ASSAULT – Mr. D. was accused of assault by his ex-girlfriend. She claimed that he tried to choke her and smother her with a pillow, while threatening to kill her. She then filed an Order of Protection against Mr. D. We were able to show that Mr. D. had not done any of these things, and there was no physical evidence to warrant any charges. His ex-girlfriend was simply angry at him because she discovered he had been with another woman. No charges were filed.

NOT CHARGED | DOMESTIC VIOLENCE – Mr. M. was drinking with his girlfriend. They got into an argument when he found out she had recently had sex with a friend of his. Neighbors called police when they heard the loud arguing. When they arrived, Mr. M.’s girlfriend claimed she was “choked.” After meeting with prosecutors, we were able to show there was a lack of physical evidence, combined with a neighbor who may have been a witness. No charges were filed against Mr. M.

NOT CHARGED | ASSAULT/DOMESTIC VIOLENCE – (Phoenix Police Department) (DMC No. 7063): Mr. C. had been married to a wife whom he had found on the internet from another country. They had a child in common. They began arguing when his wife took out a knife and cut him on the arm and ran outside with their baby. Police arrived and observed marks on his wife’s face. Each said the other person had struck them first. Since the husband and wife were now getting a divorce and because the information received was in dispute, we were able to convince the Phoenix Police Department to not file charges.

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