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November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 64 Homicide Reduced, 79E First Degree Murder Victories, Case Victories, Gila County Superior Court Victories

State v. Mr. A (DMC No. 463)

(Gila County Superior Court No. 97-675CR): Mr. A. and numerous co-defendants were charged with meeting the victim at a casino and then going back to his residence where they shot to death with a shotgun and robbed him. We were able to present numerous issues showing that Mr. A. did not know this crime was going to turn into a homicide. Additionally, the State’s physical evidence fell apart when they were attempting to match a footprint on a door to Mr. A. We eventually negotiated a plea agreement to Burglary with 3.5 years in prison. The shooter received 25 years to life.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. S (DMC No. 4189)

Disorderly Conduct with a Gun, State v. Ms. S. (Maricopa County Superior Court No. 2003-020930CR): Police were called when a neighbor complained that Ms. S. had fired a gun at the neighbor’s dog. An independent witness indicated he saw the dog approach Ms. S. and was barking at her when she fired the gun. Because Ms. S. and the neighbor were having disputes over a common wall (which had not been built), the police felt she was attempting to threaten the neighbor. Mr. S. was arrested and charged with Disorderly Conduct with a Gun, and was facing 1.5 to 3 years in prison. We were able to get the charge reduced to a class 6 undesignated offense which included probation and 3 months in jail. Ms. S. successfully completed probation and her conviction was then reduced to a misdemeanor.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. K (DMC No. 958)

State v. Ms. K. (Maricopa County Superior Court No. 98-095353CR): Ms. K. brought her 10 week old infant into the hospital where doctors discovered he had from 5 broken ribs, a fractured femur, and fractures to each wrist, all approximately 1 week old. Ms. K. was initially the suspect, and was charged with very serious charges and facing years in prison. Ms. K. denied ever hurting her child, and we were able to show that the injuries were most likely caused by the baby’s father (who was not married to Ms. K.). Because the baby had been crying for days prior to her bringing him into the hospital, we were able to get the charges reduced to a low level child abuse for failure to seek immediate medical attention. Ms. K. was sentenced to probation with zero days jail. After she completed probation, the charge was designated as a Misdemeanor.

November 17, 2011
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. J. (DMC No.)

State v. Mr. J. (Maricopa County Superior Court No. 2003-124281CR): Mr. J. was backing his vehicle up when he struck a gate which fell on someone, resulting in a severe injury to the victim’s head and face. The police administered Field Sobriety Tests to Mr. J., and he performed poorly on them. Although he was initially charged with a Misdemeanor DUI, the prosecutor was looking into filing an Aggravated Assault Dangerous charge (which would carry a 5-15 year prison term) because a civil lawsuit had been filed against Mr. J. We were assisting the civil attorney who was defending the civil lawsuit, and convinced the prosecutor to leave the case as a Misdemeanor DUI. Mr. J. eventually received a Misdemeanor DUI with 1 day in jail.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 3375)

State v. Mr. B. (Maricopa County Superior Court No. 2002098785CR): Mr. B. was with his girlfriend, and both had been drinking. They got into an argument and she left his house with another gentleman and his keys. He hitched a ride to where she was at, and they continued arguing. He eventually left, and she drove and picked him up. They argued some more, and became involved in a physical altercation. She claimed he had a gun and that he had thrown it in the canal. No gun was ever found, however a knife was found inside the apartment and his girlfriend had been cut. Originally, the State wanted 5 to 15 years in prison. By enrolling Mr. B. in mental health counseling, we were able to reduce the plea to probation, 4 months in jail, and work release.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Ms. K (Case No. A712296CR)(DMC No.)

DISMISSED | AGGRAVATED ASSAULT with a KNIFE – State v. Mr. K. (Maricopa County Superior Court No. A712296CR): Ms. K. was arrested for allegedly fighting with another girl and cutting her with a butcher knife. Although this carried a prison range of 5 to 15 years in prison, we were able to negotiate a civil settlement with the alleged victim. We also told the prosecutor there were issues of self defense. The Maricopa County Attorney’s Office then dismissed all charges.

November 17, 2011
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories

State v. Mr. M (DMC No.)

(A483683CR): Mr. M. had been going through a messy divorce and he had dropped off his son at a YMCA day camp. The son had ADHD, and was not happy about the divorce. He told the counselor that his father had hit him, and the counselor called CPS and police. Mr. M. stated that he had simply spanked him for misbehaving. We were able to show CPS and the Maricopa County Attorney’s Office that this did not rise to the level of Child Abuse, and all charges were dismissed.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 2681)

REDUCED | Aggravated Assault With a GunState v. Mr. R. (Maricopa County Superior Court No. 2001093948CR) Mr. R. was engaged in an argument with his wife after they had both been drinking. He grabbed a gun because he intended to commit suicide. His wife saw him grab the gun and struggled with him, which resulted in the gun being fired inside the house (no one was injured). Police were then called and he was charged with Aggravated Assault/Dangerous against his wife. The Maricopa County Attorney’s Office originally wanted a plea offer of 3.5 years. We were able to get the case reduced to probation with 6 months in jail with work release.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. S (DMC No. 3385)

State v. Mr. S. (Pinal County Superior Court No. 200201198CR): Mr. S. had numerous arguments with his neighbor. He lived on a 10 acre piece of land, and had been in previous fight with his neighbor over a peacock coming onto their property and doing “donuts” on his property. The alleged victim was mad at Mr. S.’s dog and said he was going to go inside, get a shotgun, and blow the dog and Mr. S.’s family away. While he was heading back into his house to retrieve a gun, Mr. S fired a gun into the air. The neighbor also claimed something similar had happened on a previous Friday night. Originally the State wanted 5 to 15 years in prison, but through extensive investigation we were able to get the Pinal County Attorney’s Office to reduce the plea to a Misdemeanor Disorderly Conduct with no jail.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 73 Resisting Arrest Dismissals, 73-74A Resisting Arrest Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. K (Case No. CR0200160)(DMC No.)

DISMISSED | RESISTING ARREST (Maricopa County Superior Court No. 0200160CR): Mr. K was stopped for an alleged DUI violation and taken to a police station. He requested to speak to his attorney multiple times, but police would not let him. Ultimately, the police obtained a search warrant to draw his blood and he was strapped in a restraining chair while they drew his blood. The police claimed that he was resisting arrest and fighting them when this occurred. After extensive investigation, the case was set to an Evidentiary Hearing. The State was unable to meet its burden and moved to dismiss all charges.

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