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Category Archives: 90 Criminal Damage Dismissals

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.

DISMISSED | RESISTING ARREST/CRIMINAL DAMAGE – State v. Mr. A. (Maricopa County Superior Court No. 0101602FE): Mr. A. was arrested for an alleged DUI violation in which his breath alcohol content was a .103. As he was being arrested, police claim that Mr. A. became angry and slammed his head into the cross support pillar of the police vehicle. He was charged with Resisting Arrest and Criminal Damage. Due to the circumstances surrounding the case, we were able to have all charges dismissed by the Maricopa County Attorney’s Office.

DISMISSED | Felony Criminal Damage – (Maricopa County Superior Court No. 2002097364CR): Mr. H. was charged with Criminal Damage after allegedly driving on a dirt road in the middle of the desert and striking a Palo Verde tree. This particular tree was smack in the middle of the dirt road, and the road split and went around each side of the tree. Because police believed he was intoxicated at the time, and he had a prior felony conviction, they charged him with Felony Criminal Damage. Even though his public defender had plead him to a couple of years in prison based on this charge, we were able to withdraw the plea, do an extensive investigation and have the charges dismissed entirely by the Maricopa County Attorney’s Office.

DISMISSED | FELONY CRIMINAL DAMAGE – (Pinal County Superior Court No. 200201480CR): Mr. R. was going through a divorce when his soon to be ex-wife accused him of damaging her vehicle. Mr. R had been keeping an extensive log of activities due to previous false allegations by his wife. Through an extensive investigation, we were able to show that she was untruthful, and the Pinal County Attorney’s Office dismissed all charges.

DISMISSED | FELONY CRIMINAL DAMAGE – (Maricopa County Superior Court No. 0202109CR): Mr. C. was a dorm resident at ASU University. Another resident called police and claimed that approximately 2 months earlier she had witnessed him tearing down ceiling tiles in the dorm, which resulted in approximately $250.00 in damage. Due to the obvious discrepancies in her story, we were able to have the Maricopa County Attorney’s Office dismiss all charges.

FELONY CRIMINAL DAMAGE DISMISSED- State v. Ms. K (DMC No. 8682) (Maricopa County Superior Court PF2006-173203; Mesa Police Department DR No. 2006-3330478): Ms. K had lived with her boyfriend for approximately 9 years when she began to be suspicious that he had cheated on her. She went down to his business, a collectable store, and began yelling at him. When he called Police so that they would come and “Trespass” Ms. K, she picked up a golf club and damaged paintings worth $4,200. She was subsequently arrested and booked in for Felony Criminal Damage.

Ms. K’s boyfriend secured our services because he did not wish to see his girlfriend prosecuted. We contacted the Prosecutors and they indicated that the State was pressing charges and not Ms. K’s boyfriend. When it became apparent that they would have a problem securing any corroborating witnesses, they Dismissed charges at the Preliminary Hearing level.

ARSON, RECKLESS BURNING and CRIMINAL DAMAGE DISMISSED – State v. Mr. T (DMC No. 7572) (Maricopa County Juvenile Court JV-857561): Mr. T was a 15 year old boy who had previously been charged with Arson, but after completing safety classes the charges were dismissed. On the newest incident, police were called to his home when a fire had started in his bedroom. He was also questioned and made partial admissions to two vehicles being lit on fire in the neighborhood. He ultimately admitted that he had a problem with fire, and he was charged in the Juvenile Court system. Because there were issues with his questioning without his parents being present and not being read his Juvenile Miranda Rights, we were able to negotiate a Diversion Dismissal Agreement which allowed Mr. T to do Probation while he was taking classes and receiving counseling. Ultimately, he successfully completed counseling and he has no convictions on his record.

PARTIAL ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Mr. B. (DMC No. 7490) (Gilbert City Court 07-CR-247MI): Mr. B. had gotten into an argument with his girlfriend when a struggle ensued.  Police were called and he was ultimately charged with Criminal Damage for allegedly punching a hole in a bathroom wall.  He was also charged with Assault and Disorderly Conduct.  At trial we were able to prove that he had not caused the damage to the bathroom wall, and he was found “not guilty” of Criminal Damage.

 

DISMISSED | DISORDERLY CONDUCT with a KNIFE (dangerous)/CRIMINAL DAMAGE DISMISSED – State v. Mr. M. (DMC No. 10163) (Maricopa County Juvenile Court JV556331): Mr. M. was prescribed medications for depression, and when he was told his mother would not take him to the pet store to buy him a snake, he went into a rage.  He broke tiles on the kitchen counter, and grabbed a knife and threatened those in his household.  We were able to produce medical records showing that Mr. M. had multiple mental health issues, and we put together a management plan regarding his strategies for managing anger.  Because of that, we convinced the Prosecutor to dismiss all charges. If Mr. M. were charged as an adult, he would have faced up to 3 years in prison.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Ms. K. (DMC No. 10723) (Mesa City Court 2012-004995): Ms. K. was accused of being in an argument with her boyfriend, and hitting him with a pillow and poking him with a finger in the forehead.  She stated she was going to burn his pillows, and the boyfriend said “fine, burn them, I don’t care”.  She did burn the pillows, and she was charged with criminal damage.  At trial, her boyfriend and a witness testified.  We also played the 911 tape, and the Judge found that there was no actual “criminal damage”.  Ms. K. was found not guilty of all charges.

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