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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.

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

State v. Mr. C (DMC No. 3515)

State v. Mr. C. (Maricopa County Superior Court No. 2002012644CR): Mr. C. was at his house when renters let his ex-girlfriend in. She began taking some of Mr. C.’s belongings, and he waved a gun on the back patio. Neighbors called the police, who subsequently arrested Mr. C. We were able to demonstrate that he was justified in his defense of property, and all charges were dismissed.

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. B (DMC No.)

(Maricopa County Superior Court No. 8577032CR): Ms. B.’s husband alleged that during an argument she had pointed a gun at him. In reality, she was throwing the guns from his gun collection out the window. He panicked, went outside, and yelled that she had pointed a gun at him. We were able to show there was no true assault, and the Maricopa County Attorney’s Office dismissed all charges.

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. Mr. H (DMC No.)

DISMISSED – Aggravated Assault with a Weapon

State v. Mr. H. (Maricopa County Superior Court No. 200111038786CR): Mr. H. had two guests at his house that robbed him of all of his possessions. He spoke on a cell phone with one of the people, who agreed to sell his laptop back to him. When they arrived at a predetermined location, Mr. H. had a friend present. A fight ensued and Mr. H.’s friend used a taser on one of the robbers. We were able to show that Mr. H. never possessed a weapon, nor was he aware that his friend was going to use a weapon. Therefore, all charges were dismissed by the Maricopa County Attorney’s Office.

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. Mr. C (DMC No.)

(Maricopa County Superior Court No. 1999004298CR): Mr. C. called an Escort Service for a dancer to arrive at his home. He received a knock on his door from two dancers with a “bouncer.” They told him the fee was double, and when he declined, the “bouncer” insisted on an “appearance fee”. When Mr. C. declined, he was attached by the bouncer. He eventually got the bouncer to leave his house by pointing a shotgun at him. We were able to show (through extensive interviews) that the bouncer had assaulted Mr. C. and was lying about Mr. C. “robbing” him. We also filed a Motion to Suppress evidence based on an illegal search, and all charges were dismissed by the Maricopa County Attorney’s Office.

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. Mr. H (DMC No. 1780)

DISMISSED | Aggravated Assault with a Gun (Maricopa County Superior Court No. 200000378CR): Mr. H. was charged with Aggravated Assault with a Weapon after his girlfriend, (who was drunk at the time) told police he threatened her with a gun. We were able to show that she was being untruthful and was highly intoxicated at the time of her allegation. The Pinal County Attorney’s Office subsequently filed a Motion to Dismiss all charges.

November 17, 2011
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, Kyrene Justice Court Victories

State v. Mr. V (DMC No. 7106)

(Kyrene Justice Court No. JC2006131746): Mr. V. was at Axis / Radius nightclub in Scottsdale when a fight broke out. As all parties were being escorted from the club, police claim that Mr. V. was seen shouting profanities and attempting to push his way towards others involved in the fight. He eventually used profanity towards the officers, and he was shot six to eight times with a pepper ball gun by police. He was then taken to the ground and handcuffed. We were able to show the prosecutor that Mr. V. was actually trying to protect his brother, who had been beaten up by other patrons, and he was acting reasonably in the situation. We also questioned the officers’ version of the facts. The prosecutor then dismissed all charges.

November 17, 2011
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, University Lakes Justice Court Victories

State v. Ms. R (DMC No. 7068)

(University Lakes Justice Court No. JC2006161187): Ms. R. was a student at ASU. She had gotten into an argument with her dorm roommate, who claimed that Ms. R. was threatening her without specifically stating she would do physical violence. The case was set to bench trial, and on the day of trial the State had not subpoenaed their necessary witnesses. The State attempted to continue the case, and we objected. When the State moved to dismiss so they could merely re-file the case on a later date, we asked the judge to dismiss the case “with prejudice.” That motion was granted. The State then moved for a motion to reconsider and they were denied. Ms. R. was facing a possibility of up to six months in jail.

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