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Category Archives: 97 Property Crime Jury / Bench Trial 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.

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.

ARSON, RECKLESS BURNING and CRIMINAL DAMAGE DISMISSED – State v. Mr. T (DMC No. 7572) (Maricopa County Juvenile Court JV-857561): Mr. T was a 15 year old boy who had previously been charged with Arson, but after completing safety classes the charges were dismissed. On the newest incident, police were called to his home when a fire had started in his bedroom. He was also questioned and made partial admissions to two vehicles being lit on fire in the neighborhood. He ultimately admitted that he had a problem with fire, and he was charged in the Juvenile Court system. Because there were issues with his questioning without his parents being present and not being read his Juvenile Miranda Rights, we were able to negotiate a Diversion Dismissal Agreement which allowed Mr. T to do Probation while he was taking classes and receiving counseling. Ultimately, he successfully completed counseling and he has no convictions on his record.

PARTIAL ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Mr. B. (DMC No. 7490) (Gilbert City Court 07-CR-247MI): Mr. B. had gotten into an argument with his girlfriend when a struggle ensued.  Police were called and he was ultimately charged with Criminal Damage for allegedly punching a hole in a bathroom wall.  He was also charged with Assault and Disorderly Conduct.  At trial we were able to prove that he had not caused the damage to the bathroom wall, and he was found “not guilty” of Criminal Damage.

 

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Ms. K. (DMC No. 10723) (Mesa City Court 2012-004995): Ms. K. was accused of being in an argument with her boyfriend, and hitting him with a pillow and poking him with a finger in the forehead.  She stated she was going to burn his pillows, and the boyfriend said “fine, burn them, I don’t care”.  She did burn the pillows, and she was charged with criminal damage.  At trial, her boyfriend and a witness testified.  We also played the 911 tape, and the Judge found that there was no actual “criminal damage”.  Ms. K. was found not guilty of all charges.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | TRESSPASS – State v. Mr. W. (DMC No. 4759) (Mesa City Court 2004022660): Two gentlemen were playing videos games when one gentleman went to the bathroom and noticed a bathroom window was now ajar. Both men ran outside, and saw a white male running away from the location. They then saw a vehicle leaving rapidly, and they followed it and called 911. Mr. W. was pulled over and denied being anywhere near their house, nor going through the window. At trial we were able to show that the fingerprints on the window did not match Mr. W., and the fact that he had a prior burglary conviction should not be taken into evidence. The Judge found him not guilty of all charges.

DISMISSED AT BENCH TRIAL | Criminal Damage, State v. Mr. Y. (DMC No. 7171) (Mesa Municipal Court No. 2006-065603): Mr. Y. had been in an argument with his wife when he kicked open the bedroom door. Police were called and he stated the damage had occurred 2 days prior. At the time of trial, the State was lacking critical evidence and were unable to proceed. All charges were dismissed.

DISMISSED AT BENCH TRIAL | DISORDERLY CONDUCT/TRESPASS – State vs. Mr. L. (DMC No.’s 10123 & 10124) (Mesa City Court No. 2011-023078 & 2011-023076): Mr. L. was drinking at a strip club when he began thinking about an old girlfriend that lived in the neighborhood.  He tried to find his old girlfriends house and went knocking at the doors of several residences at approximately 4:00 in the morning.  Due to his intoxicated state, the police were called and Mr. L. was charged with Trespassing/Disorderly Conduct at two separate locations.  On the date of the Bench Trial, we reviewed all evidence with the prosecutor and they agreed to Dismiss all charges.

DISMISSED AT BENCH TRIAL | ASSAULT/CRIMINAL DAMAGE/DISORDERLY CONDUCT State vs. Mr. B. (DMC No. 10031) (Apache Junction Justice Court No. 2010-0207): Mr. B. was in the process of filing for divorce against his wife who was constantly accusing him of cheating on her.  She attacked him several times during the course of one night and scratched his face.  He then physically pushed her in order to defend himself.  During the course of this altercation, his cell phone was damaged.  Mr. B.’s ex-wife waited until the next day to report the incident to the police while at a friend’s house.  On the day scheduled for Bench Trial, we explained all factors to the prosecutor involving self defense, and they moved to Dismiss the case at that time.

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