State v. Mr. A (DMC No. 13435) – Felony Fatal Hit & Run (Per ARS 28-661) – Reduced after Jury Trial to 1 Year Probation (with Zero Days in Jail) – Maricopa County Superior Court (Case No. CR2014-001057)

Mr. A was a local 18-wheel truck driver who was making deliveries near 48th Drive and McDowell Road.  As he was making a left-hand turn near eastbound Brill, he felt his brakes lock up.  He then pulled to the right lane and drove around until he could park, and got out to conduct visual inspection.  He could not see any damage to his vehicle, so he continued with his deliveries.

When he came back to the area to finalize his route, he saw multiple Police lights and activities in the exact area where he felt his brakes lock up.  He also saw what looked to be a body in the road.  He parked his truck and walked over to the Police, stating he may have been involved.

He told them what had occurred regarding feeling his brakes lock up.  When the Police did a more thorough inspection they found blood on his tires.  Although he was released that day, he was ultimately Indicted by a Grand Jury for Failure to Remain at the Scene of Fatal Accident (a Class 3 Felony).

Once DM Cantor took over the case, we set out to find if we could obtain any video from businesses or residents in the area that showed the accident.  We also started putting together a Mitigation Package showing that Mr. A did not have a criminal record, and had the strong support of family members and church members.  We also took various photos showing the blind spot where he was turning, and that it was plausible that he did not see anybody.  Lastly, we were able to obtain evidence that there were drugs in the Victim’s system, and it was quite possible that he brought about his own demise.

After a 6-day trial, Mr. A was convicted.  However, we were able to work with the Prosecutor and the Judge in the case, and ultimately secured a Sentence which only involved 1 Year of Probation with Zero Days in Jail.  Initially, if Mr. A were found to be the causation of the accident, he could have been charged with Felony Second Degree Murder or Felony Manslaughter, and be Sentenced up to a decade or more in Prison. Instead, he is a free man today, who has never been to Jail.

State v. Ms. F (DMC No. 14137) – Misdemeanor Vehicular Manslaughter (Per ARS 28-672.A) – Reduced to Traffic School (with Zero Days in Jail) – Phoenix City Court (Case No. 5092122).

Ms. F was driving near 75th Avenue and Thomas, and had a green arrow to make a left turn.  When the green arrow was illuminated, the “don’t walk” sign would simultaneously become illuminated for pedestrians.  Unfortunately, the Victim in this case was crossing in the crosswalk against the “don’t walk” sign, and Ms. F did not see him.  She struck this individual, and he was taken to the hospital with serious injuries, where he ultimately passed away.

When DM Cantor became involved in the case, we found that there were no witnesses to this accident.  In addition, we could find no cameras from the local businesses or residences which would have recorded this accident.  Lastly, we were able to show through Accident Reconstruction that Ms. F was not speeding, and that the “don’t walk” sign was illuminated at the time she had made her left turn.  Although she had been cited into the City of Phoenix Court under the Misdemeanor Manslaughter Statute (per ARS 28-672A), she still could have faced up to six months in Jail.

We were able to have a sit-down meeting with the Prosecutor and discuss the facts of the case.  We were also able to show the Mitigation Information that demonstrated Ms. F’s good character, and the fact that she had no prior criminal history.  Ultimately, Ms. F was simply required to attend a Traffic School Class, with summary Probation that required her to remain a law-abiding citizen.  She did not have to serve any Days in Jail.

State v. Ms. S (DMC No. 15293) – Felony Vehicular Manslaughter (Involving the Death of an 11-year-old girl) – Not charged as a Felony because of MCAO “Turn-Down,” and Instead Routed to the City of Peoria for Misdemeanor Manslaughter (Per ARS 28-672.A), Reckless Driving, and (4 counts) Endangerment (Reduced to Probation with 24 days in Jail) – Peoria City Court (Case No. CM2017-000770)

Ms. S was driving in late December at approximately 6 o’clock at night (when it was dusk), in her Ford F150 pickup truck near the location of 87th Avenue and Deer Valley Road.  She was travelling approximately 55 miles per hour in a 30 mile per hour zone, and failed to stop for a posted stop sign. She went through the intersection and struck another vehicle that was travelling 45 miles per hour on a straightaway.

The other vehicle had two adults and five children as passengers.  Six of the people had to be transported to the hospital, and unfortunately an 11-year-old passenger died.  The Police investigated Ms. S and found no evidence of alcohol or drug impairment.

DM Cantor became involved in the defense, and through a Weather Reconstruction Report we were able to show that on the date and time, the sun positioning made it very hard to see the stop sign. We were also able to show that the stop sign was too low, and not in compliance with Arizona Department of Transportation standards. In addition, we put together a Mitigation Package that included the fact that Ms. S had no prior criminal history, had a good driving record, and we secured letters and interviews from numerous people regarding her good character.  We were then able to convince the Maricopa County Attorney’s Office to  issue a “Turn Down,” and not charge this case as a Felony Manslaughter.  They instead Routed it to the City of Peoria for Misdemeanor Vehicular Manslaughter (per ARS 28-672A), 4 Counts of Misdemeanor Endangerment, and 1 Count of Misdemeanor Reckless Driving.

After conducting a Settlement Conference with the City of Peoria Prosecutors, in which we showed all of our Mitigation, we were able to secure an offer that included Probation and 24 days in Jail.  If Ms. S had originally been charged with 5 Felonies, her ultimate exposure would be decades in Prison. Instead, she is a free woman today.

State v. Ms. W (DMC No. 15658) – Felony Vehicular Manslaughter Dangerous (.154 BAC) – Reduced to Vehicular Aggravated Assault (with 1.5 years actual DOC) – Pinal County Superior Court (Case No. CR2017-02228)

Ms. W, who is 73 years old, had been drinking at the local bar.  She had left that location and got into an accident with another gentleman who was 78 years old.  Officers estimated that her speed was 77 miles per hour, based on the DDR (i.e., the “black box”) data.  While at the scene, she apologized multiple times and stated “I know I shouldn’t have drank and drove.”

She was given several Field Sobriety Tests which revealed 6 out of 6 cues on the Horizontal Gaze Nystagmus test (i.e., the “eye test”), and the Officer stated she “nearly fell over” when she was doing the walk-and-turn test.  She was then given a Preliminary Breath Test which revealed .117 BAC.  When she was taken down to the Police Station, her blood was drawn and she was questioned.  She constantly asked if the other driver was okay, and she said “everyone in Saddlebrook drinks and drives.”

The victim of the crash was taken to the local hospital, and then transported to the U of A medical center in Tucson.  He eventually developed pneumonia and died 6 weeks later.  When the Medical Examiner received his body, they did not do an autopsy and immediately ruled his death as “homicide, caused by motor vehicle accident.”

When DM Cantor was hired to take over the defense of the case, we immediately hired our own Medical Pathologist.  His opinion of death was due to pneumonia, not related to the car accident, and he stated it was “inappropriate to list the cause of death as a car accident.”  In addition, we were able to nullify the Field Sobriety Tests because Ms. W was over 65 years of age, and should not have been given these physical tests.  Lastly, we employed a Mitigation Expert who secured records regarding Ms. W’s medical history, and he interviewed multiple friends and family regarding Ms. W’s good character.

We ultimately set the case to a Settlement Conference, and a Judge agreed that the Prosecutor should reduce the charge.  Ultimately, an offer was made regarding Vehicular Aggravated Assault Dangerous, with two years in Prison.  Ultimately, Ms. W had to serve 85.7% of that time, and she also received a three-month early “kick-out.”  Her ultimate time in DOC was less than 1 and 1/2 years.  If she had been convicted of Manslaughter, she could have potentially spent 21 years in Prison (which would have been a Life Sentence for her at 73 years old). Instead, she is a free woman today.

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.