State v. Mr. D (DMC No. 17766) – DUI & DWI (.129 BAC) – Complete Hung at Jury Trial – Nov 5, 2019 – Phoenix City Court (Case No. 5400519).  

Mr. D had just left a gentlemen’s club near 16th Street and Camelback, where he was driving at a high rate of speed and passed a Policeman.  The Officer indicated that he “attempted to Pace” the vehicle, and estimated it was travelling 60 miles per hour in a 35 mile per hour zone.  Ultimately, Mr. D was pulled over and a DUI investigation ensued.

The first test that was given was the Horizontal Gaze Nystagmus test (i.e., the “Eye Test”), which showed 6 out of 6 cues and a two to three inch sway.  At that time, the One-Leg Stand test was done, and Mr. D only put his foot down one time during the 30-second count.  During the Walk-and-Turn, the Officer alleged that Mr. D stumbled off the turn and took a “couple of large steps backwards to catch his balance.”  He was then given a Preliminary Breath Test which revealed a .106 BAC.

From the time of this traffic stop to the arrest, only 13 minutes had passed.  Once Mr. D was at the Police Station he provided a Blood Sample that revealed a .129 BAC.  During Jury Trial, we pointed out that the estimate of speed was merely just a “estimate,” and that Mr. D putting his foot down a single time during a 30-second timespan was indicative of him being below of a .08, and indicative of him not being impaired.  Ultimately, the Jury could not come to a conclusion, and a Mistrial/“Hung Jury” was declared.

State v. Mr. H (DMC No. 17679) – Extreme DWI, DUI & DWI – Complete Hung at Jury Trial, then Reduced to Regular DUI (with 2 days in Jail) – Jan 27, 2023 – Phoenix City Court (Case No. 5658626)

Mr. H was pulled over for allegedly driving 67 miles per hour in a 35 mile per hour zone.  Once he was pulled over, the Officer stated he could smell an odor of alcohol, but did not notice any slurred speech.  When asked about the odor of alcohol, Mr. H said “it could have been a previous passenger in the vehicle.”

During the Field Sobriety Tests he was given the Horizontal Gaze Nystagmus test (i.e., the “Eye Test”), and the Officer “guesstimated” that he found 6 out of 6 cues of impairment.  Mr. H was then given the One-Leg Stand test, and the Officer noted a sway as a “guesstimate.”  Mr. H never put his foot down, which indicated his blood test should be below a .08 BAC.

No Walk-and-Turn test was done because of a “lack of space.”  Mr. H was then given a Portable Breath Test which revealed a .181 BAC.  As the vehicle was searched, the Officer claimed he found a baggie of Marijuana but he never field tested it, so there was no proof it was actually Marijuana. Eventually Mr. H was given a Blood Test which revealed a .176 BAC, and he was charged with Extreme DWI, DUI & DWI.

At Jury Trial, the Jury had multiple members who could not conclude beyond reasonable doubt that Mr. H was under the influence of alcohol, or that his Blood Test was actually accurate (given the discrepancies in the Field Sobriety Testing).  Ultimately, the Trial resulted in a Complete Hung Jury, and after the Mistrial was declared, Mr. H then pled to Reduced charge of Regular DUI with only 2 Days in Jail.

State v. Ms. S (DMC No. 18062) – Misdemeanor Manslaughter (Per ARS 28-672.A.5) – Reduced to Civil Turn Signal ticket (with Zero Days in Jail) – Phoenix City Court (Case No. 5692968) 

Ms. S was travelling northbound on 40th Street when she made a left-hand turn on to East Southern Avenue.  She had entered the intersection while the light was green and cycling to yellow, and a motorcyclist in the curb lane travelling southbound at 48 miles per hour, slammed on their brakes and slid into Ms. S’s car.  Unfortunately, the motorcyclist died.  When the Police arrived, they did an investigation, and later cited Ms. S for Misdemeanor Manslaughter.

Ms. S had secured the services of DM Cantor, and we immediately hired an Expert to produce our own Accident Reconstructionist Report.  We also gathered up all video in the area, and were able to show that the motorcyclist began quickly accelerating in order to “maker the light” before it turned red.  We also put together a Mitigation Package showing Ms. S’s good character, and lack of criminal record.

After all this was complete, we sat down with the City of Phoenix Prosecutor’s Office and presented all of our evidence. Although Ms. S was facing potentially 6 months in Jail, and a criminal conviction, they agreed to Reduce the Charge to a Civil Turn Signal Ticket.  Because of our help, Ms. S has no criminal record, and did not spend any time in Jail.

State v. Mr. M (DMC No. 18145) – (2 Counts) Felony Vehicular Manslaughter, (Two Counts) Felony Vehicular Homicide Hit & Run, and (2 Counts) Felony Vehicular Aggravated Assault – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX4)

Mr. M had stopped at a Circle K on 35th Avenue and Dunlap in order to get some gas.  As he left the parking lot at 10-15 miles per hour, he failed to yield at a stop sign, cut across three lanes of traffic, and immediately made a left-hand turn onto 35th Avenue.  Another vehicle that was travelling in the other direction swerved to avoid him, hopped the curb, and struck a bus stop.  Two of the pedestrians were dead, and two were seriously injured.

During the investigation, it was determined that the driver involved in the collision was not impaired by alcohol or drugs, and was travelling 48 miles per hour in a 40 mile per hour zone.  Other witnesses at the scene, told the Police that there was “no way that the other driver did not know that there had been an accident” due to the sound of the crash itself.  Based on video surveillance evidence from the Circle K, and other areas, it was determined that Mr. M was the driver of the vehicle that continued from the accident scene.

Police contacted Mr. M, and then DM Cantor was brought in to defend him.  During the course of the defense, we secured additional video evidence, and also worked with the Insurance Company to secure an Accident Reconstructionist Report.  We also brought in a Mitigation Expert to talk with Mr. M’s friends and family, in order to show his good character and lack of criminal record.

We were able to provide the Detectives that the video did not show Mr. M speeding away on 35th Avenue after the crash, and it was apparent that he had no idea there had been an accident.  Usually, if somebody thinks they are involved in an accident, they will immediately slam on their brakes, and then speed up to “get away.”  None of that occurred in this case.  Although the Detectives were seeking to charge Mr.  M with two counts of Vehicular Manslaughter, and two counts of Leaving the Scene of a Fatal Accident, along with two counts of Aggravated Assault regarding the two surviving individuals, we were able to shut the case down at the Detective level.  If the Detectives routed this to the Maricopa County Attorney’s Office, and if Mr. M were charged, he would have faced the rest of his Life in Prison.  Instead, he is a free man today.

State v. Ms. L (DMC No. 16795) – Felony First Degree Murder – Not Charged (and Featured as a Front Page Article in the Arizona Republic) – Maricopa County Attorney’s Office (File No. 1706841) and Scottsdale Police Department (DR No. 17-07052)

Ms. L and her husband were both research Doctors at the Mayo Clinic in North Scottsdale. Although they had been married for over 20 years, their marriage was strained and they remained together in order to raise their four children.  It was not uncommon for Ms. L and Mr. L to sleep in different bedrooms on opposite sides of the house.  Because Ms. L was often alone, she purchased a gun from the Scottsdale Gun Club and took a single shooting lesson and she then locked the gun in its case under her bed.

On the night of the incident, Ms. L was in one bedroom, and Mr. L was in another bedroom.  There were also four other people in the household (three family members and one guest).  The next morning at 8 o’clock, Ms. L went into Mr. L’s bedroom, and discovered that he had taken her gun and shot himself under the chin approximately three times.

When police arrived, they automatically assumed it must have been a homicide, because there were three gunshot wounds, and not one.  They cut out drywall towards the back of the bed and in the ceiling in order to do a Blood Spatter Analysis.  They also took DNA samples from all members of the household and questioned everybody.  All parties in the house stated that they did not hear any gunshots at any time.

DM Cantor got involved in the case, and we immediately received Mr. L’s psychiatric records from Ms. L.  He had suffered from depression for years, and had even been admitted to a psychiatric hospital due to his severe depression.  He also received psychological counseling for approximately five years, and took Lithium at one time.  It was also discovered that shortly before his death, he had transferred all of his money to his own sister (which would be indicative of planning for his suicide).

Later, the gun was tested and showed only Mr. L’s DNA on the device used to load the bullets into the magazine of the gun; the trigger of the gun; the grip of the gun; and the magazine of the gun.  Also, it appeared that his DNA was on the safety of the gun.  None of Ms. L’s DNA was found on the gun, magazine, or gun case.

Later, at a Department of Child Safety (DCS) Hearing regarding who would provide care for their minor child who had special needs, the Lead Detective was cross-examined by us, and testified that it was quite possible Mr. L had committed suicide.  We provided a Blood Spatter Analysis, along with a Shooting Reconstructionist Report, to the Detectives.  We also sent them a study that included 50+ suicides in the US involving multiple gunshot wounds (up to 5 gunshots), showing the Detective it is not uncommon for a “suicide by gunshot” to require multiple shots fired by the decedent.

Other family members were convinced that Ms. L had committed a Murder.  The Arizona Republic was involved, and ran a full multi-page story in the Sunday paper.  We were interviewed, and provided our exculpatory evidence (along with the shooting study), and it resulted in a high-profile press conference from the Maricopa County Attorney’s Office where they “turned down” prosecution.  Ms. L could have been facing anywhere from Life in Prison to the Death Penalty, and instead she remains a free person today.

State v. Mr. G (DMC No. 4233) – (2 Counts) Felony Aggravated Assault Dangerous (with Knife) and (1 Count) Felony Disorderly Conduct Dangerous – Not Guilty/Complete Acquittal at Jury Trial – Feb 18, 2004 – Maricopa County Superior Court (Case No. CR2003-037311)

Mr. G had been dating Ms. T in what was a tumultuous relationship.  In the process of breaking up, Ms. T was going to go to Mr. G’s house in order to pick up her belongings.  Ms. T assumed that Mr. G was not home at 12:30 am, and she showed up with another man in order to gather her items.  She went into the back bedroom, and began “making out” with this other gentleman on Mr. G’s bed.

Mr. G jumped out of the closet and grabbed the other male while Mr. G was holding a knife.  He threw the other man out of the house, and the man ran to a neighbor’s house and Police were called.  When the Police arrived, they charged Mr. G with (2 Counts) Felony Aggravated Assault Dangerous, against both Ms. T and the other gentleman.

Although Mr. G was facing 2 Felony Counts, which each carried a Prison penalty of 5 to 15 years (with a total potential 30 years in Prison), he made the decision to go to Jury Trial.  At Trial, the Prosecutors also asked for a Lesser Included Charge of Disorderly Conduct Dangerous (which carried a term of 1-1/2 to 3 years in Prison), just in case the Jury couldn’t reach a Verdict on the 2 Aggravated Assault Counts.  After a lengthy 3 day Trial, the Jury deliberated and returned Verdicts of Not Guilty on Both of the Aggravated Assault Counts, and on the Lesser-Included Disorderly Conduct Count. Because of this Not Guilty Verdict, Mr. G walked out of Court without having a criminal record, and now lives a very happy life with his new wife.