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Category Archives: 50A Assault / Violent Crime Bench Trial Victories

ASSAULT, CRIMINAL DAMAGE and DISORDERLY CONDUCT DISMISSED at BENCH TRIAL – State v. Mr. T (DMC No. 12027) (Scottsdale City Court 2013-030918): Mr. T was a professional athlete who had played running back for the Arizona Cardinals. Police were called to his house by his then live-in girlfriend regarding a “domestic violence.” They had been arguing about personal matters and had “broken up” earlier that day. Mr. T had departed and then returned to the house with a plane ticket for his girlfriend to fly to New York (as a parting gift).

At that time, she walked into the bathroom and began smashing items on the ground. These items include of various perfumes and some picture frames. Mr. T held her in order to keep her from damaging any more property. She subsequently received a minor injury and then called Police.

When Police arrived, they observed various broken items and ultimately charged Mr. T with Assault, per Arizona Revised Statute ARS 13-1203, Criminal Damage per Arizona Revised Statute ARS 13-1602, and Disorderly Conduct per Arizona Revised Statute ARS 13-2904. Pursuant to policy, he was arrested and taken to Jail at that time. His young daughter was also in the household and was taken away by CPS. I received a call from Mr. T’s sports agent immediately after Mr. T had been released on his own recognizance. I then met with Mr. T at his house, toured the alleged crime scene and went over the facts of the case. After we interviewed both Officers involved and the CPS Specialist who met with the child at the Family Advocacy Center, we then began to attempt to have the charges dismissed by the Scottsdale City Prosecutors Office. The case was eventually set to Trial, and on the day of Trial, the State dismissed all charges.

PREVENTION of the USE of a TELEPHONE in an EMERGENCY, DISORDERLY CONDUCT and (2 Counts) ASSAULT DISMISSED at BENCH TRIAL – State v. Mr. A (DMC No. 7952) (Scottsdale City Court CR2007-032630): Police had received a 911 call in which the person calling hung up the phone and did not speak, when they arrived at the location to conduct a “Welfare Check”, they contacted Mr. A’s wife. She said that she had called Police and had been arguing with her husband, and that she had been pushed down on the couch and that he had hung up the phone. Mr. A was then charged with Prevention of the Use of a Telephone in an Emergency per Arizona Revised Statute ARS 13-2915(A)(3). He was also charged with 2 Counts of Assault and Disorderly Conduct. We argued that it was his wife who choose to hang up the phone, and that she had actually attacked Mr. A first. When it came time for a Bench Trial against Mr. A, the Prosecutor choose to dismiss the charges against him.

PREVENTION of the USE of a TELEPHONE in CASE of EMERGENCY, ASSAULT and DISORDERLY CONDUCT DISMISSED at BENCH TRIAL – State v. Mr. C (DMC No. 8204) (Apache Junction Justice Court DV2007-0291): Mr. C and his girlfriend were engaged in an argument when he was accused of slapping her on her buttocks in a hard manner. His girlfriend called Police, and then the phone was grabbed out of her hand and hung up. When Police arrived, they arrested Mr. C and charged him with Prevention of the Use of a Telephone in a Case of Emergency pursuant to Arizona Revised Statute ARS 13-2915 (A)(3). He was also charged with Assault and Disorderly Conduct. We argued that he was not the one who grabbed the phone and hung up, but in fact it was his girlfriend who hung up the phone. There were also issues about Mr. C defending himself against his girlfriend’s attacks. When it came time for the Bench Trial, the Prosecutor choose to dismiss all charges against Mr. C.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | FELONY AGGRAVATED ASSAULT/TRESPASS – State v. Mr. W. (DMC No. 5886) (Maricopa County Superior Court CR2005-118677): Mr. W. was a black male who was currently a Sergeant in the U.S. Air Force. He was off duty at the Metro Centre Mall, when police officers came up and told him to leave because the mall was closed. He indicated that he was talking to some girl’s, and he would be leaving momentarily. The Officers became upset and threatened Mr. W. with a taser and charged him with aggravated assault and criminal trespassing. At trial, we were able to show through witnesses that the police overreacted and were treating Mr. W. as if he were a gang member. The Judge found Mr. W. not guilty of all charges.

DISMISSED AT BENCH TRIAL/NOT CHARGED | AGGRAVATED ASSAULT/ASSAULT – State v. Mr. J. (DMC No. 5201) (Goodyear Municipal Court CR2004-00251): Mr. J. and his wife were going through marital problems when he came home to tell her that he was filing for divorce. They reconciled and he spent the night together. As he got up in the morning, he decided that he was going to follow through with the divorce, and he went into the garage to pack his tools. There, his wife met him and began attacking him. He swung around with one of his tools and struck her in the head by accident. We were able to convince the Maricopa County Attorney not to file Aggravated Assault charges with a Deadly Weapon (which would have exposed him to 5 to 15 years in prison), and instead he was charged as a misdemeanor. We set the case to trial, and on the date of the bench trial the State was unable to proceed due to witness issues, and the case was dismissed.

PARTIAL ACQUITTAL at BENCH TRIAL | 2 COUNTS FELONY AGGRAVATED ASSAULT on Police Officer – State v. Ms. H. (DMC No. 5092) (Maricopa County Superior Court CR2004-041976): Ms. H. had received news from her bi-polar son that he was going to commit suicide. She flew to Arizona and contacted officers to do a “welfare check” at his hotel. When officers arrived with Ms. H., they gave commands to her son and drew their weapons. Ms. H. became concerned, and jumped on the officers backs and yelled at them “don’t shoot, don’t shoot”. Both Ms. H. and her son were arrested. Ms. H. was charged with 2 counts of aggravated assault on police officers, along with 2 misdemeanor assault counts. At trial, we convinced the Judge to find her not guilty of the 2 felony counts.

PARTIAL ACQUITTAL at BENCH TRIAL | 2 COUNTS of ASSAULT – State v. Mr. P. (DMC No. 4661) (Scottsdale City Court CR200406289): Mr. P. was going through custody issues with his ex-wife, when he was accused of threatening her, spitting in her face and grabbing her. At trial we were able to prove he never threatened his ex-wife, nor did he ever spit in her face. However, he did admit to grabbing her arm. He was acquitted of the charge of spitting on and threatening his ex-wife.

PARTIAL ACQUITTAL at BENCH TRIAL | ASSAULT/DISORDERLY CONDUCT – State v. Mr. J. (DMC No. 6588) (Gilbert City Court 2006-CR0000019-MI): Mr. J. was in a custody dispute with his child’s mother, when he went over to her parent’s house to pick up the child. An argument ensued, and while he was holding the child he was repeatedly struck in the face by the mother. After he left, he was arrested and cited for being the aggressor. At trial, we could show that he did not commit an assault, nor was there disorderly conduct as to his ex-wife. He was found guilty only on a non-domestic violence disorderly conduct regarding the mother’s parents.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: FELONY AGGRAVATED ASSAULT- State v. Ms. A (DMC No. 8152) Jul. 30, 2008 (Maricopa County Superior Court No. CR2007-008596): Ms. A was brought into an emergency room with an ongoing medical condition. She was on multiple medications and as she was coming back to consciousness, a Nurse began to hold her down in order to take some measurements. Ms. A began flailing and kicked the Nurse in the chest, causing injury. Because the Nurse was a medical professional, and she felt an Assault had occurred, Ms. A was charged with a felony.

At trial we presented medical evidence showing that Ms. A had a neurological condition. We also showed that she goes into seizures which can cause convulsions. This evidence, along with her testimony about her disoriented state, helped provide enough proof that the Judge found Ms. A Not Guilty of all charges.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: FELONY AGGRAVATED ASSAULT – State V. Mr. S (DMC No. 6525) Oct. 18, 2006 (Pinal County Superior Court CR2006-00186): Mr. S was a prison guard at the Florence State Prison who was present when one inmate began assaulting another inmate. This particular inmate was violent and had previous history with mental institutions. As the fight was being broken up, a Lieutenant came in and became very upset. After leg restrains and hand restrains were placed on the inmate, the Lieutenant beat the inmate so badly that he had multiple broken bones and needed reconstructed surgery.

The Lieutenant instructed all of the guards (including Mr. S) to give a false story. He also erased the video tape of what had occurred. Several weeks after the incident, the guards began telling the truth to the Internal Affairs Department. Mr. S was charged, even though he never struck the inmate. After a 2 day Bench Trial, involving numerous witnesses, we were able to show the Judge that Mr. S simply stood by as ordered by his superiors. He never partook in the actual Assault on the Inmate. The judge returned a verdict of Not Guilty on all charges.

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