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Category Archives: 76-78 Misconduct Involving a Weapon Victories

MISCONDUCT INVOLVING WEAPON (man shot with gun) DISMISSED due to SELF DEFENSE and DEFENSE of OTHERS ISSUE – State v. Mr. L (DMC No. 9653) (Maricopa County Superior Court CR2010-137863):  Mr. L was at his cousin’s apartment asleep in the other room when he heard a loud banging on the door. His cousin jumped up and ran into the living room where two black males were standing holding guns and were demanding money and 2 pounds of Marijuana that was allegedly in the house. Mr. L ran into the living room with his gun, and when he saw them pointing the gun at his cousin, he opened fire and shot one of the men. Everybody ran out of the house, and were initially not cooperative with the police.

Eventually Mr. L was charged with Misconduct Involving a Weapon. We were able to demonstrate to the Prosecutor that this was truly a case of Self-Defense and Defense of Others (his cousin), and therefore Mr. L was “justified” firing his gun. We also showed the Prosecutor that Mr. L had no knowledge of any drug dealing that was going on. The state agreed, and all charges were Dismissed against Mr. L.

TRANSPORTATION of MARIJUANA for SALE (20 Pounds), TRANSPORTATION of MUSHROOMS for SALE, MISCONDUCT INVOLVING WEAPONS and POSSESSION of DRUG PARAPHERNALIA DISMISSED (with PREJUDICE) DUE to SPEEDY TRIAL RIGHTS VIOLATION- State v. Ms. M (DMC No. 9785) (Maricopa County Superior Court CR2004-014824): Ms. M and her ex husband were both indicted by secret Grand Jury for Possession of Marijuana for sale, Possession of Dangerous Drugs (Mushrooms) for sale, Misconduct in Involving Weapons and Possession of Drug Paraphernalia. They were indicted in 2003, and her husband was arrested and went through multiple court proceedings and was tried. Ms. M was with her husband at trial, had been attending trial, had applied for clearances to work for the Government, and had multiple background checks conducted on her which never revealed an arrest Warrant issued by the Grand Jury. 6 years later, she was arrested and charged for these crimes. We filled Motions on her behalf showing that there was no exception to the “10 day rule” that requires an Arraignment within 10 days of an Indictment being issued, absence specific special circumstances. The judge agreed with us and Dismissed the case With Prejudice for violation of Ms. M’s Speedy Trial Rights.

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.

RICO/ILLEGAL CONTROL of an ENTERPRISE; MONEY LAUNDERING, CONSPIRACY, MISCONDUCT INVOLVING WEAPONS, USE of an ELECTRONIC COMMUNICATION DEVICE in a DRUG TRANSACTION, POSSESSION of MARIJUANA for SALE and POSSESSION of DRUG PARAPHERNALIA: ALL REDUCED to MISDEMEANOR HINDERING a PROSECUTION and MISDEMEANOR USE of a WIRE DEVICE to HINDER PROSECUTION with PROBATION and 8 DAYS in JAIL – State v. Ms. N (DMC No. 8333) (Maricopa County Superior Court CR 2007-007124): Ms. A. lived in a house that was occupied at various times by 7 other co-defendants. She owned the house, and inside of this house there was a large amount of Marijuana and guns. Police obtained a warrant in which they Wire Tapped all of the co-defendants, and then showed up with a physical search warrant. The Police recorded some co-defendants asking Ms. N to “lie to the Police” about who actually was using the residence. Ultimately, a 24 Count Indictment was issued by a Grand Jury Indicting all 7 co-defendants. We were able to demonstrate to the Prosecution that Ms. N. was the least culpable of all of the co-defendants. We eventually secured an offer 2 Misdemeanors which included Probation and 4 weekends of Jail. Originally, Ms. N. had been facing the prospect of over 10 years in Prison.

 

CONVICTION SET ASIDE | PRECURSOR CHEMICALS for the MANUFACTURE of DANGEROUS DRUGS and MISCONDUCT INVOLVING a WEAPON – State v. Ms. M. (DMC No. 7743) (Mojave County Superior Court CR97-1269): Ms. M. had been involved in a group who were manufacturing methamphetamine.  She was subsequently plead to Possession of Precursor Chemicals, and Misconduct Involving a Weapon.  Although she had trouble on probation (including an arrest out of California), she subsequently did complete probation.  She subsequently received her college degree and was working as a Surgical Technologist in hospital in California.  We filed the appropriate paperwork and convinced the court to set aside her judgment of guilt.  Ms. M. has no convictions on her record, and is living a successful life in California.

 

REDUCED | CULTIVATION of MARIJUANA, MISCONDUCT INVOLVING WEAPON and POSSESSION of DRUG PARAPHERNALIA REDUCED to ATTEMPT class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8763) (Maricopa County Superior Court CR2009-111214): Mr. B. and his two roommates were the victim of a burglary and armed robbery when police were called to investigate.  During a “welfare check” the police found a bedroom in the house which was a “grow room”, which included numerous marijuana plants.  Mr. B. was subsequently charged with Production of Marijuana, Misconduct Involving a Weapon and Possession of Drug Paraphernalia.  We argued that the “welfare check” was really a pretext to conduct a search, and that Mr. B.’s Miranda rights were violated.  We were able to secure an offer to an “Attempt” that eventually became a misdemeanor with zero days in jail.  Originally Mr. B. was facing years in prison.

 

DISMISSED | FALSE REPORTING/DISORDERLY CONDUCT and MISCONDUCT with a WEAPON (gun) – State v. Mr. F. (DMC No. 7859) (Maricopa/Stanfield Justice Court CR08-408): Mr. F. has previously been in an argument with his neighbor, when he went into the garage in order to clean his guns. The neighbor called Mr. F. over to talk about the previous incident. Mr. F. came over with a gun strapped to his back and one sticking out of his pocket. The neighbor said he felt uncomfortable, and Mr. F. put the rifle back in his garage but left the gun in his pocket. The police pulled up (because the neighbor’s wife mistakenly had called them thinking there was a problem) and Mr. F. put the gun in the bed of his pickup truck. When questioned about having a gun “on him” Mr. F. said that he did not. The officers then arrested him for False Reporting (because the gun was near him in the bed of the truck), Disorderly Conduct Dangerous and Misconduct With a Weapon. We were able to show the real story to the Prosecutor, and they agreed to dismiss all charges in exchange for 24 hours of community service. Mr. F. was originally looking at a minimum of 1 ½ years in prison if convicted.

NOT CHARGED | MISCONDUCT with WEAPON (prohibited possessor)/POSSESSION of STEROIDS NOT CHARGED – State v. Mr. D. (DMC No. 6369) (Maricopa County Sheriffs Office Investigated): Mr. D. had prior felony convictions and a “confidential informant” informed police that he was possessing steroids. When they executed the search warrant, they found steroids and several weapons. Mr. D. was facing a minimum of 4 ½ years in prison, and we were able to negotiate a “co-operation” deal with the Detectives, and no charges were brought against Mr. D. He eventually went on to finish his probation on his previous charge without incident.

MISCONDUCT INVOLVING WEAPON (gun involved in drug offense) REDUCED to class 6 open/Misdemeanor POSSESSION of DRUG PARAPHERNALIA with PROBATION and ZERO DAYS JAIL – State v. Mr. S. (DMC No. 6076) (Maricopa County Superior Court CR2005-140667): Police were called regarding a subject passed out inside of his vehicle, and when they contacted Mr. S. they found dangerous drugs and drug paraphernalia inside the vehicle, along with a gun. There was also body armor inside of the vehicle. We were able to show the Prosecutor that Mr. S. was an Iraqi veteran who was suffering from Post Traumatic Stress Disorder and that he only had the body armor and gun due to his mental state. In addition, he was attempting to self medicate with the dangerous drugs. They agreed to dismiss the Misconduct Involving a Weapon and plead the Possession of Dangerous Drugs down to a simple class 6 open/misdemeanor for the “Drug Paraphernalia”. At the conclusion of probation, the charge was designated a misdemeanor, and Mr. S. has no felony on his record.

MISCONDUCT INVOLVING a WEAPON (prohibited possessor) DISMISSED – JAIL – State v. Mr. L. (DMC No. 6524) (Pinal County Superior Court CR2006-00453): Mr. L. had met with his probation officer and informed her that 2 days earlier he was residing in a hotel room in Mesa and was associating with 2 other people, in which one shot the other and killed him. He stated he felt the need to handle a firearm that was present in the room. The probation officer then had a Detective search Mr. L.’s van, and a 2 ½ foot sword along with ammunition was found in the van. When the Detective returned, Mr. L. denied knowledge of what was in the van, and indicated that his girlfriend had driven it the night before. After a long and lengthy battle with the Pinal County Attorney’s Office, we convinced them to dismiss all charges. Mr. L. was facing a minimum of 4 ½ years in prison if convicted.

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