State v. Mr. S (DMC No. 16586) – Felony Vehicular Manslaughter Dangerous, and (2 counts) Felony Vehicular Aggravated Assault – Not Charged as a Felony, and Instead Routed to Justice Court for a Reduced Charge of Misdemeanor Manslaughter, which was Completely Dismissed (Due to No Evidence of a Volitional Act per ARS 13-201) – Bagdad/Yarnell Justice Court (Case No. TR2020-000225)

Mr. S was traveling with his wife from California into Arizona near Kingman.  It was approximately 11:45 in the morning when he was driving, and according to witnesses, he began to drift across the center median and struck another vehicle head-on.  Neither he nor the other vehicle had applied their brakes.  It also appeared that both vehicles were travelling within the speed limit of 65 miles per hour at the time.

After the collision, a car that was travelling behind them swerved off the roadway and also sustained damage.  When the Police arrived, Mr. S was on the roadway with a head laceration and was unconscious.  One of the other drivers was deceased, two other passengers had serious injuries and were taken to the hospital.

When the Police went to the hospital, Mr. S stated he could not remember anything that happened in the accident.  The Officer stated they did not observe any signs or symptoms of alcohol or drug impairment by Mr. S.  Subsequent blood tests also showed he had no alcohol or drugs in his system.

DM Cantor was then retained in order to defend any potential charges.  The case was reviewed by the Mojave County Attorney’s Office, and were able to have them “Turn Down” potential Felony Manslaughter and Felony Aggravated Assault charges.  However, they did route the case to the Bagdad/Yarnell Justice Court for charge of Misdemeanor Manslaughter.

We were able to work with the Justice Court Prosecutor to show there was No Impairment, and No Volitional Act (such as trying to pass another vehicle at a high rate of speed.) Since there was no proof of any recklessness, this appeared to either be caused due to a medical issue, or something else which was responsible for Mr. S becoming unconscious.  Ultimately, the charge was Completely Dismissed Due to No Volitional Act.  Initially, if Mr. S had been charged with Felony Manslaughter and 2 Counts of Felony Aggravated Assault, his maximum exposure in Prison could have been 51 years.  Instead, he is free and has No Criminal Record.

State v. Mr. S (DMC No. 17302, 17303, and 17480) – (3 Separate Cases) Felony Vehicular Manslaughter (.154 BAC), (Class 2) Felony Fatal Hit-and-Run Accident, (Class 2) Felony Kidnapping Dangerous (with Shotgun), (Class 6) Felony Possession of Marijuana, (Class 6) Felony Possession of Drug Paraphernalia), (Class 3) Felony Aggravated Assault Dangerous, (Class 6) Felony Vehicular Endangerment Dangerous, (Class 6) Disorderly Conduct Dangerous (with Shotgun) – Reduced to 13 Years actual DOC – Maricopa County Superior Court (Case Nos. CR2019-118472; CR 2019-107761; and CR 2019-128772)

The First case occurred in the month of February, and it involved Mr. S, his ex-girlfriend, and a gentleman who was going to take her to a sorority function.  Mr. S had dated his ex-girlfriend for over four years, and they had broken up about six months prior. However, Mr. S had only moved out two weeks before the incident.  Because shared a dog, Mr. S pulled up the nanny-cam that would monitor the dog, and saw a male in the apartment with his ex-girlfriend.  He then sent a text message stating he was on his way “with a shotgun.”  Once he got there, he banged on the door and pushed his way into the apartment.

He then went upstairs and saw a gentleman sitting on his ex-girlfriend’s bed.  The man had said that he was going to a sorority event, and that he had only met the ex-girlfriend one time before.  Mr. S allegedly pointed the shotgun at his torso and face, and racked the gun.  He stood in front of the doorway and would not let him leave.  Eventually the man was allowed to leave (after he said he “begged” for his life), and the ex-girlfriend called Police.  After Mr. S left and the Police arrived, Mr. S called approximately 10 times while his ex-girlfriend was speaking with Police.  Finally, she put the phone on speaker while the Detective was listening. Mr. S did not deny that he came in with a shotgun.  At that point, his ex-girlfriend said he needed to turn himself in at the Police Station, which he did fairly quickly.  He also brought the shotgun when he self-surrendered.

He was ultimately charged with Burglary, Kidnapping, Aggravated Assault Dangerous, Disorderly Conduct Dangerous, and two Misdemeanor Threatening and Intimidation charges.

The Second case occurred about two months later, in the month of April.  Mr. S had left his apartment and was driving eastbound near 37th Street and McDowell Road.  There were two gentlemen walking on the side when Mr. S’s vehicle jumped the curb and struck one of the men.  Mr. S’s tire immediately blew out, and he pulled into an apartment complex just up the road where he used to live.  He called a couple of friends to come help him change the tire, and when they got there they got into an argument.  At that time, Mr. S then began running back to the location where the accident was.

When he got there, he was asking the Police if everything was okay and if the victim was okay.  The other gentleman stated that he was talking with his friend, and then he felt a “rush of air” and his friend was lying on the ground 75 feet away.  That individual could not identify Mr. S, but Mr. S did state that he had driven by and his tire had “exploded.”  He said he did not see any pedestrians.  Mr. S was eventually taken to the Police Station, and he called DM Cantor at that time.

One of our Attorneys was speaking to him, and requested to the Officer that he be released to get an Independent Chemical Test of his blood.  Instead, he was booked into the jail without being given this opportunity.  In addition, we later found out he was questioned without being given his Miranda Rights, after they realized he was involved in the accident.  He subsequently was charged with Manslaughter, Endangerment, and Fatal Hit-and-Run.

The Third case occurred in August of the same year, in which Mr. S was found to have Marijuana and Drug Paraphernalia in his possession.

We were retained to represent him in all 3 cases, and it became clear that we needed to resolve this with a “Global Plea.”  We immediately secured a Mitigation Expert, and had all of his friends and family interviewed, along with all of his school records showing his IEP’s growing up.  We also had a Neuropsychological Exam performed in order to see if he had any neurological impairments.  Next, we conducted an Accident Reconstruction and Roadway Defect Analysis, and had his vehicle inspected for any potential malfunctions.  After securing all of this Mitigation Evidence, we set the case for a Settlement Conference with the Prosecutor and an independent Judge.

We were ultimately able to secure a Global Plea that included a presumptive term of 10.5 years for Manslaughter, followed by consecutive term of 5 years for the Fatal Hit-and-Run. The other charge of Aggravated Assault was also run concurrently within the Sentence, and all other Charges were Dismissed.  In other words, the total sentence was 15.5 years to be served at 85.7%, along with a 3 month early “kick-out,” for a total of approximately 13 years actual Prison.  If Mr. S had been convicted on all charges and given the maximum sentence, he could have received over 80 years in Prison.  Because Mr. S was in his early 20’s, he will get out of Prison in his mid-30’s and have decades of free life in front of him.

State v. Mr. W (DMC No. 17588) – (2 Counts) Felony Vehicular Manslaughter, Felony Aggravated Assault, and Felony Endangerment – Not Charged – Maricopa County Attorney’s Office “Turned Down Prosecution” after Phoenix Police Department investigated (DR No. 2019-02237558)

Mr. W was travelling westbound on Bell Road at 35th Avenue, when a Ford Mustang turned left into the side of Mr. W’s car.  His Dodge Avenger then was redirected, hopped the sidewalk and struck four pedestrians.  One of the pedestrians died, and a second pedestrian was taken to the hospital with serious injuries, and her 31-week-old fetus was stillborn.  Another pedestrian was taken to the hospital with non-life threatening injuries, and the other had an injury that did not require him to go to the hospital.

After this accident, Mr. W hired DM Cantor to defend him.  It was shown that there were no drugs or alcohol in his system, and the Police Department was exclusively focused his on speed. Our Accident Reconstructionist showed that he was only going 45 miles per hour; however, the Statistical and Diagnostic Module (the SDM, or “black box”) in his car claimed he was going “in excess of 76 miles per hour.”  Mr. W had had previous problems with his computer system, and we secured all maintenance records to prove that there was a problem with his SDM.

Next, we secured video from all the businesses and homes in the surrounding area, and we also interviewed all possible witnesses.  Eventually, we had meetings with the Maricopa County Attorney’s Office and they officially “Turned Down” Prosecution.  If Mr. W had been convicted of the potential charges, his maximum exposure would have been 60 years in Prison.  Instead, he has No Criminal Record.

State v. Mr. S (DMC No. 17092) – Felony Vehicular Second Degree Murder (.158 BAC) Involving a Wrong-Way Head On Collision with a Motorcycle on the Freeway – Reduced to Manslaughter (with 11 years and 9 months of actual DOC) – Maricopa County Superior Court (Case No. 2020-140159)

Arizona Department of Public received a 911 call regarding a vehicle travelling in the Wrong Way direction on State Route 101 in Phoenix.  Next, they received a second call which indicated the vehicle had struck head-on with a motorcycle in the HOV lane.  When the Police arrived, the motorcyclist was dead, and Mr. S was found and questioned.  When they found him, they claimed that he had slurred speech, watery and bloodshot eyes, and provided a Preliminary Breath Test with a .183 Blood Alcohol reading.  Mr. S was then put through a battery of Field Sobriety Tests, and his behavior seemed to be “off” according to the Officer.  Ultimately he was arrested and taken down the Police Station, where he provided two more breath samples, which resulted in a .141 and .138 BAC. His blood was then drawn, which revealed a .158 BAC.

DM Cantor was retained shortly after Mr. S’s accident, and we immediately secured the services of an Accident Reconstructionist.  The Accident Reconstructionist’ report indicated Mr. S was travelling 56 miles per hour (the actual speed limit), and it appeared that he did not realize he was travelling in the wrong direction on the freeway.  In our investigation, we had pulled the video surveillance of the bar that Mr. S was attending, and it appeared that he walked out of the bar with another gentleman without any staggering, stumbling or anything else that would make him appear to be impaired.  Mr. S had a fairly high drinking tolerance, and he felt that he may have been drugged that night, because his driving behavior did not match his Blood Alcohol Content.

Although we ran various chemical tests on his blood, no other drugs were found.  However, it was possible that if he was slipped a drug, it may have dissipated before his actual Blood Test with the Police.  Because of this possibility, and because of our Mitigation Expert preparing a report, we were able to conduct a Settlement Conference, which resulted in an offer to a Reduce Charge of Manslaughter with a range of 12 to 16 years in Prison.  Ultimately, Mr. S was sentenced to 14 years in DOC at a rate of 85.7%, along with a 3 month early “kick-out.”  This means his actual sentence was only 11 years and 9 months DOC and he will be free at age 39, and have decades of freedom in front of him.  Originally, he was facing a potential 21 years in Prison.

State v. Mr. U (DMC No. 17786) – Felony Vehicular Second Degree Murder Dangerous (.223 BAC and Marijuana) with Car Traveling over 120 Miles Per Hour, and Felony Vehicular Aggravated Assault – Reduced to Manslaughter (with 9 years and 9 months actual DOC) – Maricopa County Superior Court (Case No. CR2021-002065)

Mr. U was 24 years old, and had been with two friends and drinking at a bar. Eventually, all three got into Mr. U’s Volkswagen Jetta and began driving.  One of the passengers called his girlfriend to come and pick him up because he was let out of the car after he told Mr. U that he was “driving so crazy.”

A short time after that, a Peoria Police Officer saw Mr. U’s vehicle driving at a high rate of speed.  The Officer estimated it to be over 100 miles per hour, and he began to pursue.  Later, traffic cameras showed Mr. U’s car to be going in excess of 120 miles per hour.  As the Officer was chasing Mr. U and they approached Peoria Avenue, the road curved to the left, and Mr. U was now going about 85 miles per hour.  He failed to negotiate the curve, and skidded through an intersection and went airborne, with his car rolling multiple times.  His passenger was ejected out of the vehicle and was killed, leaving Mr. U in the vehicle (which then caught fire).  He climbed out the back window as Officers were approaching, and was taken into custody.  Later at the hospital, his blood work showed that he had a .225 BAC and had Marijuana in his system.  He was then arrested after leaving the hospital, and charged with Second Degree Murder.  Shortly thereafter, DM Cantor was retained to defend him.

Although we procured an Accident Reconstructionist and a Roadway Defect Expert, the facts regarding the driving were hard to overcome.  In addition, when Independent Tests were run on Mr. U’s blood, it still put him far above the legal limit. We then secured the services of a Mitigation Expert, who interviewed all of Mr. U’s family and friends, and secured his medical and school records.  We also had Mr. U enter Alcohol Counseling immediately after he Bonded out of Jail, and he had been sober since the night of the accident.  Ultimately, we were able to secure an offer of 12 years in prison (at 85.7%), plus a 3 month early “kick-out,” which totaled approximately 10 years of actual DOC.  Although he was facing 21 years of Prison initially, he will be out by the time he is 35 years of age.

State v. Mr. G (DMC No. 1402) – Felony Manslaughter Dangerous (with Gun) – Reduced to Negligent Homicide (with 6 years and 7 months of actual DOC) – Pinal County Superior Court (Case No. CR98-024998)

Mr. G was at a party with several friends when he went around to the side of the house to smoke a cigarette.  While he was there he was joined with a couple other people, including the Victim, who he had only seen 5 to 6 times previously.  They were all standing around joking and laughing while Mr. G was on his cell phone talking to his girlfriend.  Eventually, he hung up, and he bummed a cigarette from another one of the gentlemen standing there.  While they were standing and talking, they start horsing around.  Mr. G’s gun discharged and struck the Victim in the neck, and killed him.

Mr. G and everybody else around all take off in different directions. Eventually Police arrive and they were told a multitude of false stories.  One of those include Mr. G shooting the Victim because of a “broken cigarette.”  Eventually, Mr. G was arrested and charged with Manslaughter.  Shortly thereafter, DM Cantor was retained in order to defend him.

Through our own independent investigation, we were able to verify that the shooting was, indeed, accidental.  We were also able to correct some of the false statements, and we were able to show that one of the so-called witnesses was not even present, and was now currently incarcerated for other crimes.  Eventually, we secured an offer of Negligent Homicide, which included 8 years in Prison.  Through our mitigation efforts, Mr. G was ultimately sentenced to the 8 years, of which he only had to serve 85.7%, plus a 3 month early “kick-out,” which totaled 6 years and 7 months of actual DOC. Originally, he was facing a potential 21 years in Prison.

State v. Mr. W (DMC No. 17566) – Felony Vehicular Second Degree Murder (.199 BAC) with Car Travelling over 110 Miles Per Hour, Felony Vehicular Aggravated Assault, and Felony Endangerment – Reduced to Manslaughter (with 11 years actual DOC) – Maricopa County Superior Court (Case No. CR2020-001845)

Mr. W had been attending a wedding with his girlfriend when he consumed quite a bit of alcohol.  He ended up having an argument with his girlfriend, and he left with his male friend in his friend’s car.  As he was driving, he was travelling at approximately 113 miles per hour when he struck another vehicle in the rear and drove it into the guard rail.  The driver of that vehicle passed away, and the passenger of that vehicle, along with Mr. W’s passenger, were both seriously injured.

After being transported to the hospital, blood was drawn and it was determined he had a .199 BAC.  In addition, he had a prior DUI offense and a couple of previous alcohol-related arrests.  It was shortly thereafter that DM Cantor was retained to defend Mr. W.  Immediately after being retained, we had Mr. W enter into Alcohol Treatment and Counseling, and he has not had a drink of alcohol since.  In addition, he completed over 1,000 hours of Community Service while the case was proceeding.  Also, a Mitigation Expert was hired that reviewed all of Mr. W’s prior medical records and his school records, and interviewed all of his family and friends.  After this was all completed, DM Cantor engaged in a Settlement Conference with the Prosecutor in front of a neutral Judge.

The maximum in Prison time on all three charges totaled a potential 43 years.  At the Settlement Conference, we were able to negotiate a Plea to 13 years’ time, to be served at 85.7%.  This left Mr. W with approximately 11 years of DOC.  Mr. W will be approximately 40 years old when he is released from DOC, leaving him with decades of life in front of him.

State v. Mr. P (DMC No. 17652) – Felony First Degree Murder and Felony Kidnapping – Reduced to Second Degree Murder (with 25 Years DOC) – Maricopa County Superior Court (Case No. CR2021-138129)

Mr. P was 18 years old and had only ever had one girlfriend.  After he broke up with his girlfriend, she began dating another man approximately one month later.  During that relationship, she would contact Mr. P and claim that she was being abused by her new boyfriend.  Mr. P was even shown bruises by his ex-girlfriend.

Mr. P was being led to believe that his ex-girlfriend wanted to get back together with him, and that she needed his protection.  He showed up one night at her house in order to “win her back,” but when he got there he realized that she was inside her parents’ house with her new boyfriend.  He waited outside until the new boyfriend climbed out of the window and was walking towards his vehicle.  At that point, Mr. P Kidnapped the other man at gunpoint and had him drive his own vehicle.

When they were driving, a struggle ensued over the Victim’s cell phone, and the Victim was fatally shot in the truck.  At that point, Mr. P started having a “break from reality,” and drove the body out to the desert.  When the body was found it was completely unclothed, and rocks were piled on the face and the groin area “in order to prevent animals from getting to those areas.”  Clearly, Mr. P was struggling with his own actions.

After that occurred, Mr. P went home and eventually confessed that night to his brother and his father.  His father called the Police and Mr. P was cooperative and confessed to the crime, and then he took the Police to the body.  He was ultimately charged with First Degree Murder, and the State was seeking Natural Life in Prison.  This is when his family hired DM Cantor in order to defend the case.

After obtaining extensive medical records, DM Cantor then arranged to have Mr. P conduct a psychological examination.  While this was going on, we also had a Mitigation Expert interview all of Mr. P’s family and friends, and secure all of his medical and school records.  In addition, DM Cantor had a Neuropsychological Evaluation conducted on Mr. P.  Eventually, a Settlement Conference Memorandum was prepared, and with the help of several Judges, we were able to negotiate a Plea to 25 years in Prison, to be followed by 7 years of Probation.  Instead of serving Life in Prison, Mr. P will be released when he is 43 years old, and he will have many decades of life in front of him.