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Category Archives: 57-59 Disorderly Conduct / Threats Victories

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.

MINOR in CONSUMPTION of ALCOHOL and DISORDERLY CONDUCT REDUCED to PUBLIC NUISANCE with ZERO DAYS in Jail – State v. Mr. S (DMC No. 8098) (University Lakes Justice Court No. JC2008-112277): Mr. S attended a fraternity party for the Sigma Chi fraternity at Arizona State University. As he was leaving the party, Police were outside and they immediately grabbed and cuffed Mr. S. When he asked why he was being arrested, they stated “for throwing ping pong balls”. He was then cited for Minor in Consumption under Arizona Revised Statute ARS 4-244.40 and for Disorderly Conduct. During the course of this case, I showed the Prosecutor that they never offered Mr. S a blood test, nor did they ever ask if he had been drinking. The Prosecutor agreed to dismiss the Minor in Consumption charge. As to the Disorderly Conduct charge, that was reduced to Public Nuisance with Zero days in Jail.

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 an EMERGENCY, DISORDERLY CONDUCT and (2 Counts) ASSAULT DISMISSED at BENCH TRIAL – State v. Mr. A (DMC No. 7952) (Scottsdale City Court CR2007-032630): Police had received a 911 call in which the person calling hung up the phone and did not speak, when they arrived at the location to conduct a “Welfare Check”, they contacted Mr. A’s wife. She said that she had called Police and had been arguing with her husband, and that she had been pushed down on the couch and that he had hung up the phone. Mr. A was then charged with Prevention of the Use of a Telephone in an Emergency per Arizona Revised Statute ARS 13-2915(A)(3). He was also charged with 2 Counts of Assault and Disorderly Conduct. We argued that it was his wife who choose to hang up the phone, and that she had actually attacked Mr. A first. When it came time for a Bench Trial against Mr. A, the Prosecutor choose to dismiss the charges against him.

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.

ENDANGERMENT/ASSAULT and THREATS DISMISSED – State v. Mr. C. (DMC No. 9812) (Scottsdale City Court CR2010-030292): Mr. C. was travelling in the back of a cab with another passenger when he lit a bank receipt on fire and held it within a foot from the cab driver’s head and the roof of the cab.  The officer was directly behind the cab and witnessed the entire incident.  He pulled Mr. C. over, and charged him with endangerment, assault and threats.  After interviewing all of the witness and the cab driver, we were able to convince the Prosecutor that nobody was actually endangered, assaulted or threatened.  The Prosecutor agreed to dismiss all charges in exchange for Mr. C. taking alcohol abuse classes.

REDUCED | UNLAWFUL IMPRISONMENT, DISORDERLY CONDUCT and ASSUALT REDUCED to a MISDEMEANOR with PROBATION and 5 DAYS in JAIL – State v. Mr. L. (DMC No. 7432) (Mesa City Court 2006-038599): Mr. L. was having a mental breakdown was attempting to kill himself by slashing his wrists.  When his girlfriend intervened, they became engaged in a struggle.  He tried to tie her up with speaker wire, and eventually he let her go.  When police arrived he was unconscious and was taken to the hospital.  He was subsequently charged with Disorderly Conduct, Assault and Unlawful Imprisonment.  Due to the circumstances, and with the submission of mental records, we were able to have the case reduced to a simple misdemeanor with probation and 5 days in jail.

PARTIAL ACQUITTAL at BENCH TRIAL | ASSAULT/DISORDERLY CONDUCT – State v. Mr. J. (DMC No. 6588) (Gilbert City Court 2006-CR0000019-MI): Mr. J. was in a custody dispute with his child’s mother, when he went over to her parent’s house to pick up the child. An argument ensued, and while he was holding the child he was repeatedly struck in the face by the mother. After he left, he was arrested and cited for being the aggressor. At trial, we could show that he did not commit an assault, nor was there disorderly conduct as to his ex-wife. He was found guilty only on a non-domestic violence disorderly conduct regarding the mother’s parents.

ATTEMPTED KIDNAPPING and FELONY DISORDERLY CONDUCT REDUCED to ENDANGERMENT (Class 6 Open/Misdemeanor) with PROBATION and 3 MONTHS in JAIL- State v. G (DMC No. 9038) (Maricopa County Superior Court CR2008-149471): Mr. G had been married for approximately 5 years when he and his wife had separated. Earlier in the day he had been texting her telling her that if she was not going to be with him he was going to go “Columbine”. Later on that day, she saw her husband following her in the rear view mirror. He pulled in front of her and grabbed her to pull her out of her vehicle. He also had a gun in his hand and was making threats to shoot her. He was subsequently arrested and charged with Attempted Kidnap and Felony Disorderly Conduct with a Dangerous Weapon (a gun). He was facing a mandatory minimum of a year and a half in prison. We were able to secure an offer to Probation Endangerment with a Class 6 Open/ Misdemeanor and 3 months in jail. After Mr. G successfully completed with Probation, his case was designated as a Misdemeanor. He has no Felony conviction on his record.

PROBATION VIOLATION (Disorderly Conduct) DISMISSED- State v. Mr. G (DMC No. 6918) (Avondale City Court CR2006-00691): Mr. G had been convicted of Disorderly Conduct and was ordered to be placed on Probation in complete anger management classes and absconded from Probation. He was subsequently arrested and charged with a new crime, and with a Probation Violation. We were able to have Mr. G re-enrolled in classes and the Probation Violation was Dismissed.

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