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Category Archives: 59 Disorderly Conduct/Threats Pre-Charge Victories

FELONY DISRUPTION of an EDUCATIONAL INSTITUTION, FELONY AGGRAVATED ASSAULT on a TEACHER and DISORDERLY CONDUCT NOT CHARGED – State v. Mr. T (DMC No. 7616) (Chandler Police Department DR No. 2005-13-4523): Mr. T was an emotionally challenged student at Chandler High School who was being bullied by fellow classmates. On that particular day, there was a substitute teacher teaching the class. When Mr. T got up to leave the class and walked directly to his counselors office to report what had occurred, the substitute teacher ran outside and alerted Security that Mr. T was leaving the classroom. When Security confronted and emotionally distraught Mr. T, he had a breakdown and they grabbed him.

One of the Security Guards was bending his thumb back and stating “I will break your thumb if you don’t comply”. Mr. T was struggling with the Security Guards and he kicked his teacher. He was subsequently charged with Felony Disruption of an Educational Institution pursuant to Arizona Revised Statute ARS 13-2911(A)(1). He was also charged with Felony Aggravated Assault on a teacher pursuant to Arizona Revised Statute ARS 13-1204(8)(d), and Disorderly Conduct. We were able to fully explain the situation to the Maricopa County Attorney’s Officer, and the Prosecutor elected not to file any charges against Mr. T.

PREVENTION of the USE of a TELEPHONE in CASE of EMERGENCY, ASSAULT and DISORDERLY CONDUCT DISMISSED at BENCH TRIAL – State v. Mr. C (DMC No. 8204) (Apache Junction Justice Court DV2007-0291): Mr. C and his girlfriend were engaged in an argument when he was accused of slapping her on her buttocks in a hard manner. His girlfriend called Police, and then the phone was grabbed out of her hand and hung up. When Police arrived, they arrested Mr. C and charged him with Prevention of the Use of a Telephone in a Case of Emergency pursuant to Arizona Revised Statute ARS 13-2915 (A)(3). He was also charged with Assault and Disorderly Conduct. We argued that he was not the one who grabbed the phone and hung up, but in fact it was his girlfriend who hung up the phone. There were also issues about Mr. C defending himself against his girlfriend’s attacks. When it came time for the Bench Trial, the Prosecutor choose to dismiss all charges against Mr. C.

NOT CHARGED | DISORDERLY CONDUCT NOT CHARGED – State v. Ms. H. (DMC No. 5220) (Downtown Justice Court A542730/Maricopa County Sheriff’s Office DR03-27349): Ms. H. was at a Diamondback’s baseball game with her boyfriend, when he got involved in a fight and was arrested.  She went to follow him into the police holding area, when deputies stopped her.  She was told to leave the area and subsequently came back.  She demanded to have officer’s names, and began shouting profanities.  She was placed under arrest for disorderly conduct.  We convinced the Prosecutors that this case did not actually rise to the level of disorderly conduct, as Ms. H. merely emphasized to have the officer’s names while using bad words.  They agreed, and no charges were filed on Ms. H.

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