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Category Archives: 72 Kidnapping Reduced

Mr. S was a high school student who got involved with two older high school students who sold drugs and had violent dispositions. Mr. S. had received a call from one of the Co-Defendants stating that he had been ripped off by two other kids in a drug deal and wanted Mr. S to go with them in order to “have their back.” At some point prior, Mr. S. provided them with some bullets for a gun he thought they would be shooting in the desert (completely unrelated to the drug robbery). Mr. S. was instructed to convince the two victims to go into the desert to “smoke some weed.”

When all 3 arrived at a predetermined location, the two Co-Defendants jumped out of the bushes and held the two victims at gunpoint and knifepoint. One of the victims was instructed to “suck his dick,” referring to the other victim. Both of them were males. The victims were pleading with the Co-Defendants not to shoot them and not make them participate in that activity, which they were still forced to do.

Mr. S. only stood-by as a lookout, and was not aware that any of that activity was going to be taking place. The two Co-Defendants had a gun and knife, and Mr. S. did not have any weapon on him. The victims were told to urinate on all of their clothing and throw it around the general area. The Defendants then left, and the victims contacted the police. Mr. S. was the only Defendant to cooperate with the authorities. He showed him where the gun was stored and the location of where other items were deposited. This was done with our help. Ultimately, we secured an offer that included no agreements as to sentencing.

One of the Co-Defendants was sentenced to 9 years in prison, and the other was sentenced to 5 years in prison. We presented extensive mitigation to the Court, and we were also able to secure a request for leniency from one of the victims’ mothers. Although the Judge was initially inclined to sentence Mr. S. to prison, or at least 1 year in jail, we were able to convince the Judge to defer all jail time. Mr. S. successfully completed probation, did not do any time in jail, and is currently enrolled in college. Originally, he was facing a potential of life in prison.

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.

TERRORISM; AGGRAVATED ASSAULT DANGEROUS (with a knife); KIDNAPPING and MISCONDUCT with WEAPON (gun) all REDUCED to AGGRAVATED ASSAULT (Non Dangerous) and KIDNAPPING with 2.5 YEARS in PRISON – State v. Mr. C (DMC No. 8081) (Maricopa County Superior Court CR2007-030014): This was a high profile case in which the domestic terrorism statute was used for the first time. The Maricopa County Attorney at the time – Andrew Thomas (who is now disbarred) used this charged to gain national media attention. We handled the case, and it was featured on ABC’s Good Morning America.

Mr. C was a high school student who had been going through various depressive episodes and was on medication. One day while walking to school, he grabbed a girl from his class and held a knife to her throat and made threats. He then let her go and went home. When police arrived at his house, he was sitting in his house playing video games and he had a back pack next to him which had a gun.  He had told officers how he had been bullied and how he wanted to go to school and shoot everyone. Andrew Thomas then saw his opportunity to charge this as a Terrorism case against a 15 year old boy. Because Mr. C had committed an Aggravated Assault with a dangerous weapon, he was facing a mandatory minimum of 5 to 15 years in prison on that charge alone. The Kidnapping charge carried additional potential prison. Through numerous Settlement Conferences in which we presented evidence of Mr. C’s psychological state, and with added pressure from the citizens of Arizona, Andrew Thomas lowered his offer from 7.5 years in prison to 2.5 years in prison. With good behavior, Mr. C was out after 23 months. This case is a classic example of how a power hungry prosecutor can misuse the law for his own purposes to further his political career. In the end, Andrew Thomas was disbarred for other instances of his Abuse of Power.

REDUCED | 3 COUNTS of SEXUAL ASSAULT; 3 COUNTS of KIDNAPPING; 7 COUNTS of SEXUAL ABUSE; 2 COUNTS of ATTEMPTED SEX ABUSE and 1 COUNT of ATTEMPTED KIDNAPPING REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. R. (DMC No. 8086) (Coconino County Superior Court CR2007-0480): Mr. R. was a high level fire fighter in Flagstaff, Arizona who was accused of sexually assaulting his sister in law. His sister in law had been going through psychological counseling and had a “breakthrough” regarding “finding the strength to come forward”. She reported to Detectives that she had been groped, held and sexually assaulted multiple times since 1986 by her brother in law (a period spanning some 20 plus years). When Mr. R. was questioned by Detectives he admitted that he had a relationship of a sexual nature with her for some time, but stated it was fleeting in nature.

He was subsequently charged with 3 Counts of Sexual Assault (ARS 13-1406), 3 Counts of Kidnapping (ARS 13-1304), 7 Counts of Sexual Abuse (ARS 13-1404), 2 Counts of Attempted Sexual Abuse (ARS 13-1001 and 13-1404), and 1 Count of Attempted Kidnapping (ARS 13-1001 and 13-1304). Through extensive interviews with various family and community members, we were able to show that this had appeared to be a somewhat flirtatious and consensual relationship. However, due to the alleged “victims” statements, Mr. R. agreed to accept a plea that involved Probation and zero days in jail. If he were to have gone to trial and lost he could have easily spent his life in prison. Because he did admit that his advances may have been unwanted he agreed to accept the plea.

REDUCED | 2 COUNTS SEX ASSAULT/KIDNAPPING REDUCED to ATTEMPT with 3.75 YEARS in PRISON – State v. Mr. B. (DMC No. 9995) (Maricopa County Superior Court 2010-139697): Mr. B. was drinking at a party when he went into another room with a young lady.  There was a second young lady who was passed out on the bed next to them.  He was accused of digitally penetrating the first girl with his finger, before she left the room.  It was then alleged that he went over and had sex with the other girl who was unconscious on the bed.  Because he was accused of not originally letting the first girl leave immediately, he was also charged with Kidnapping along with Sex Assault regarding both women.  He was originally facing 20 to 48 years in prison (day for day), and we were able to present mitigation regarding Mr. B.’s addiction to alcohol.  We eventually secured a sentence to 3.75 years “soft” in prison, in which Mr. B. was released after 2 years and 11 months.

REDUCED (ALL) | SEXUAL CONDUCT with a MINOR (DCAC) (3 counts), CHILD MOLESTATION (DCAC) (3 counts) and KIDNAPPING (3 counts) ALL REDUCED to CHILD ABUSE with PROBATION and 90 DAYS of DEFERRED JAIL – State v. Mr. C. (DMC No. 5701) (Maricopa County Superior Court CR2005-101311): Mr. C. was a 17 year old high school student who was living with his dad, his dad’s girlfriend and her 13 year old daughter.  On five separate occasions, Mr. C. had sexual contact with the 13 year old daughter which included digital penetration (with his fingers) and oral sexual contact.  It was alleged that he would not allow the 13 year old to leave the room when this occurred, and therefore he was charged with 3 counts of kidnapping, along with 3 counts of Child Molest and 3 counts of Sexual Conduct with a Minor.  We were able to have a Psychosexual Risk Evaluation performed on Mr. C., showing that he was not a risk to reoffend, nor was he abnormal being 17 years of age and attracted to a high school freshman.  We secured an offer to 1 count of Child Abuse with probation and 90 days deferred jail (meaning he did not have to serve them unless he violated probation).  He was originally facing 69 years in prison because the charges were considered “Dangerous Crimes Against Children” (DCAC).

 

State v. Mr. B. (Maricopa County Superior Court No. 2002098785CR): Mr. B. was with his girlfriend, and both had been drinking. They got into an argument and she left his house with another gentleman and his keys. He hitched a ride to where she was at, and they continued arguing. He eventually left, and she drove and picked him up. They argued some more, and became involved in a physical altercation. She claimed he had a gun and that he had thrown it in the canal. No gun was ever found, however a knife was found inside the apartment and his girlfriend had been cut. Originally, the State wanted 5 to 15 years in prison. By enrolling Mr. B. in mental health counseling, we were able to reduce the plea to probation, 4 months in jail, and work release.

REDUCED | SEXUAL ASSAULT & KIDNAPPING – State v. Mr. D. (MCSC 2003031091CR): Mr. D. was 19 years old when he was drinking with a 16 year old female. They engaged in consensual sexual activity. When the girl’s father found out, she claimed she had been taken advantage of and was basically raped. Although Mr. D. was facing over a decade in prison, we were able to show through a Psychosexual Risk Evaluation that he was not a risk to society, and that the girls was most likely covering the fact that she had consensual sex because her father was upset. We were able to secure a plea to Attempted Sexual Assault with probation and zero days in jail.

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