January 2, 2016

January 2, 2016 By dmcantor 100S Animal Crime Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 5624)

FELONY COCKFIGHTING REDUCED to MISDEMEANOR SOLICITATION with ZERO DAYS in Jail – State v. Mr. P (DMC No. 5624) (Maricopa County Superior Court CR2005-008753): Maricopa County Sheriffs Officers received a call of a residence holding cockfights in Phoenix, Arizona. When they arrived, they pulled over a vehicle that was leaving and noticed that the people inside had blood on their clothes and several injured roosters in the back of their vehicle. Those people pointed to the house and informed them that Mr. P was running a cockfighting ring. When Mr. P was contacted, he allowed the Officers to search the house. They found over 90 roosters, with some of them being injured. Mr. P did admit that he was holding cockfights at his house. He was charged with Felony Cockfighting per Arizona Revised Statute ARS 13-2910.03. Because of his cooperation, we convinced the Maricopa County Attorney’s Office to reduce his charge to a Misdemeanor “Solicitation” with probation and zero days in Jail.

January 2, 2016

January 2, 2016 By dmcantor 100 Miscellaneous Crimes Victories, 100V Escape Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 7700)

FELONY ESCAPE, FELONY AGGRAVATED ASSAULT on a POLICE OFFICER and FELONY RESISTING ARREST REDUCED to MISDEMEANOR with ZERO DAYS in Jail – State v. Mr. D (DMC No. 7700) (Maricopa County Superior Court CR2007-158714): Mr. D was a student at ASU and was tailgating in an ASU parking lot prior to a football game. He was seen carrying a closed beer, and an Officer asked him his age. He put the beer in his pocket and then the Officer spun him around, cuffed him and threw him to the ground. Mr. D then got up and ran a short distance before he was tackled and held by Police. He was subsequently charged with Felony Escape per Arizona Revised Statute ARS 13-2503, Felony Aggravated Assault on a cop per Arizona Revised Statute ARS 13-1204(8)(A), and Felony Resisting Arrest per Arizona Revised Statute ARS 13-2508. We were able to show the Prosecutor that he never actually “resisted arrest” or fought with the Officer, and that he was only scared when he got up and ran. They agreed to reduce his charge to simple Misdemeanors with no days in Jail. Because he had no felonies on his record, he was allowed to remain at ASU.

October 21, 2015

October 21, 2015 By dmcantor 12 Hit and Run Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 64 Homicide Reduced, 79F Second Degree Murder Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. N (DMC No. 6998)

(2 COUNTS) FELONY VEHICULAR SECOND DEGREE MURDER and (1 COUNT) FELONY HIT & RUN REDUCED to 19 YEARS in PRISON – State v. Mr. N (DMC No. 6998) (Maricopa County Superior Court No. CR2005-011605): In this high profile vehicular homicide case, Mr. N had blown through a red light and rear ended another vehicle containing 2 passengers. One of the passengers was pregnant at the time. Their car then struck a bus stop and bursts into flames. Both passengers inside burned to death. Mr. N then got out of his car and fled the scene. When he was apprehended, he was found to have cocaine in his system along with alcohol. He also had prior felony convictions. He was ultimately charged with 2 Counts of Second Degree Murder and 1 Count of Felony Leaving the Scene of a Fatal Accident.

The family hired us to attempt to challenge the evidence and secure the lowest possible prison offer for Mr. N. His initial plea offer was to stipulate to 25 years in custody. We then negotiated an offer to a range of 16-32 years in prison, with the exact prison sentence to be left up to the Judge. After putting together an extensive Mitigation Package that include interviewing all if Mr. N’s family members, along with a history of his upbringing and drug dependency, we convinced the Judge to give a sentence of 19 years. The Prosecutor wanted 25-32 years. Our involvement helped shave 6 years of prison off of the original plea offer.

October 17, 2015

October 17, 2015 By dmcantor 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 7772)

CONVICTION REVERSED PCR (Rule 32) (15 YEAR PRISON SENTENCE)/ FELONY AGGRAVATED ASSAULT (DANGEROUS) RESULTING in BLINDNESS in EYE– State v. Mr. C (DMC No. 7772) (Maricopa County Superior Court No, CR2004-018577): Mr. C was accused of viciously attacking his wife while in an argument and jamming both thumbs into her eyes into an attempt to blind her. He proceeded to Trial and his Trial Attorney argued that the victim had injured herself by falling and striking her face on a towel rack or a bath tub. Mr. C was ultimately convicted and sentenced to 15 years in prison. His mother then hired DM Cantor to file a Post Conviction Relief Petition under Rule 32 of the Arizona Rules of Criminal Procedure.

We showed the Trial Judge that the original Trial Attorney had conducted no interviews. In addition, he had made statements during closing argument that Mr. C “could have probably done that.” We argued that Mr. C’s Trial Attorney was “ineffective” by not interviewing witnesses, and that he also argued for the State and in contradiction to Mr. C’s theory of the case. The Judge agreed, and Reversed Mr. C’s Conviction in its entirety.

October 16, 2015

October 16, 2015 By dmcantor 11 Hit and Run Dismissals, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63 Homicide Dismissals, 63-65 Homicide Victories, 79G Manslaughter Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A (DMC No. 8667)

FELONY VEHICULAR MANSLAUGHTER and FELONY HIT & RUN DISMISSED – State v. Mr. A (DMC No. 8667) (Maricopa County Superior Court No. CR2005-134626): An individual was crossing the roadway near McClintock and Apache Boulevard in Tempe, Arizona, when he was struck and killed by Mr. A’s car. When the Police arrived in the area, they acted on a “hunch” and searched all neighboring apartment complexes. They saw Mr. A’s vehicle parked in a parking space concealed with a car cover. The Officer lifted up the car cover in order to inspect for damage. When he saw damage, he ran the license plate and ascertained Mr. A’s apartment number. Mr. A was then brought out, questioned and arrested for Vehicular Manslaughter and Felony Hit & Run.

We filed motions to have the entire case dismissed due to an “improper search” issue. The Officer could have sought out a search warrant before lifting the car cover but he did not do so. The Trial Judge agreed with us and ruled that this was an illegal search and all charges were Dismissed. Although the State Appealed to the Arizona State of Appeals and that decision was reversed, they choose never to re-file charges against Mr. A due to various other problems with the case.

October 15, 2015

October 15, 2015 By dmcantor 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 400 Theft / Fraud Crime Victories, 45 Theft Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 11873)

CONVICTION RESERVED PCR (Rule 32) LATER REDUCED TO Class 6 Open/ Misdemeanor with ZERO DAYS in JAIL/ Class 3 FELONY THEFT ($20,000) – State v. Mr. B (DMC No. 11873) (Maricopa County Superior Court No. CR2010-135297): Mr. B was a business man who took a $20,000 deposit for a Real Estate transaction which was to occur in Florida. Eventually, the Real Estate market turned and the Real Estate deal did not go through. The $20, 000 was spent covering costs. He was subsequently indicted for a Class 3 Felony Theft.

Mr. B used the same Attorney for his civil case to do his criminal case. This Attorney did not relay the State’s initial plea offer to Mr. B. In addition, the Trial Attorney did not do any discovery or research prior to Trial. Lastly, he presented an improper closing argument to the Jury. Our firm was hired to do a Post Conviction Release Petition pursuant to Rule 32 of the Arizona Rules of Criminal Procedure. We ultimately were allowed to have an Evidentiary Hearing and prove to the Trial Judge that the previous Trial counsel was “ineffective” on behalf of Mr. B. Once the Conviction was Reversed and the case came back to the Trial level, we convinced the Prosecutor to offer a Class 6 Open/ Misdemeanor which became a Designated Misdemeanor upon Mr. B’s successful completion of probation. He did not serve any time in jail.

October 14, 2015

October 14, 2015 By dmcantor 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 500 Assault / Violent Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. K (DMC No. 11328)

CONVICTION REVERSE/ ASSAULT– State v. Ms. K (DMC No. 11328) (Maricopa County Superior Court No. L2010-147459): Ms. K was involved in a divorce proceeding with her ex husband in which she was to gain possession of a Goldwing motorcycle. Per court order, she appeared with a Deputy in order to remove the motorcycle. Her ex husband had let the battery go dead, and he was stating that he could keep the license plate on the motorcycle. The Deputy told him that he could not remove the plate, as it was part of the motorcycle.

Later on that afternoon, Ms. K returned to retrieve the vehicle with a flat bed tow truck, and Mr. K again was attempting to remove the license plate. Ms. K told him 3 times not to remove the plate and she pushed him away from the motorcycle. He then called Police and she was charged with Assault. At Trial, the Judge did not allow Ms. K to argue “justification” of physical force in defense of property. We were then retained to handle the court case on Appeal. We argued to the appellate Judge that she did use reasonable force while defending her property. He agreed, and Reversed Ms. K’s Conviction and dismissed all assault charges against her. This allowed Ms. K to keep her nursing license.

August 19, 2015

August 19, 2015 By dmcantor 2100 Superior Court Victories, 29 Sexual Assault Reduced, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 5516)

REDUCED | 2 COUNTS SEXUAL ASSAULT/2 COUNTS AGGRAVATED ASSAULT (with gun) REDUCED to ATTEMPT with PROBATION and ZERO DAYS in JAIL – State v. Mr. G. (DMC No. 5516) (Maricopa County Superior Court CR2005-007472): Mr. G. had found out that his soon to be ex-wife had been cheating on him. He also found out that she had been lying for years about the true paternity of their child (it was not his). He was accused of threatening her with a gun, and then sexually assaulting her on two different occasions. Through our investigation, we found out that Ms. G. had witnesses mislead the police about Mr. G. pointing a gun at her. In addition, it appeared that their sexual relations were consensual. We convinced the Prosecutor to reduce the case down to 1 count of “attempted aggravated assault” with probation and zero days in jail. Originally, Mr. G. was facing a potential of over 4 decades in prison.

August 18, 2015

August 18, 2015 By dmcantor 500 Assault / Violent Crime Victories, 52 Assault/Domestic Violence Reduced, 79A Unlawful Imprisonment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 7438)

REDUCED | FELONY UNLAWFUL IMPRISONMENT and ASSAULT REDUCED to MISDEMEANOR with ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 7438) (Maricopa County Superior Court CR2007-117987): Mr. B. had been having problems with his girlfriend, and was ordered by a Judge to stay away from her. He went to her house and they began arguing and a struggle broke out. He then would not let her leave the house. Ultimately, the police arrived and he was arrested. He was charged with Felony Unlawful Imprisonment and Assault. Although he had a prior assault conviction and was in violation of the Judge’s order, we were able to secure an offer to a misdemeanor with zero days in jail.

August 16, 2015

August 16, 2015 By dmcantor 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 95 Trespass Victories, 97 Property Crime Jury / Bench Trial Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W. (DMC No. 5886)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | FELONY AGGRAVATED ASSAULT/TRESPASS – State v. Mr. W. (DMC No. 5886) (Maricopa County Superior Court CR2005-118677): Mr. W. was a black male who was currently a Sergeant in the U.S. Air Force. He was off duty at the Metro Centre Mall, when police officers came up and told him to leave because the mall was closed. He indicated that he was talking to some girl’s, and he would be leaving momentarily. The Officers became upset and threatened Mr. W. with a taser and charged him with aggravated assault and criminal trespassing. At trial, we were able to show through witnesses that the police overreacted and were treating Mr. W. as if he were a gang member. The Judge found Mr. W. not guilty of all charges.

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