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Category Archives: 47H Robbery: Standard, Aggravated, Armed Robbery Victories

State v. Mr. L (DMC No. 15390) – (2 Counts) Felony Armed Robbery (with Gun – $131,000) and (6 Counts) of Felony Aggravated Assault Dangerous – Dismissed – Maricopa County Superior Court (Case No. CR2017-114927).

The victim in this particular case was a member of the Salt River Indian Tribe. Pursuant to the tribal rules, whenever a tribal member turns 21 years old, they receive money that has been held in trust by the tribe, based on casino earnings. In this case, the victim had received $131,000 on his 21st birthday. The next day, while he was with several other individuals in his apartment, his door was kicked in and he was robbed at gunpoint.

The two people who broke in were wearing hoodies and bandanas. At one point, one of the victims called 911 and the phone is taken away from her. Unbeknownst to the robbers, the 911 operator was still on the phone and the Police were on their way. Eventually, one of the victims was shot in the stomach and the robbers fled before they could be caught. An Investigation proceeds and ultimately Mr. L is arrested at gunpoint.

When Mr. L was taken in, he stated he had knowledge of the robbery, but he was not involved. When asked if he looks like his younger brother he responds, “yes.” His younger brother had also been arrested. Once Mr. L was arrested and charged, we became involved in the case.

We were able to show that the guns found at Mr. L’s house did not match the guns that were used in the robbery. In addition, we presented a key alibi witness, who told Detectives Mr. L was nowhere near the scene. Lastly, we interviewed the witness who viewed the photo lineups, and it became apparent that this witness was coached into picking Mr. L out of the lineup. We conducted this interview with the Detective with the Prosecutor present, and then we discussed the filing of a Deserault Motion regarding the lineup being unduly suggestive. Ultimately, the Prosecutor saw all of the weaknesses that she had in her case, and she filed a Motion to Dismiss all charges against Mr. L. Originally, he was facing potentially the rest of his life in prison if he were to be convicted on all counts, and if they were to be run consecutively.

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.

REDUCED | 2 COUNTS of ARMED ROBBERY DANGEROUS (with gun) REDUCED to BURGLARY with 4 YEARS in PRISON – State v. Mr. P. (DMC No. 8774) (Maricopa County Superior Court CR2008-009263): Mr. P. had become addicted to drugs and had been living on the street as a homeless person.  He and a co-defendant broke into a known drug dealer’s house and held several victims at gun point.  Eventually, a gun battle ensued and one person was wounded.  Mr. P. was charged with 2 counts of Aggravated Assault Dangerous and Burglary (dangerous).  He was facing more than 30 years in prison, and we were able to secure an offer which included a prison range of no more than 5 years in prison.   Through mitigation, we were able to secure sentence to 4 years in prison, with the ability to be released early for good behavior.

NOT CHARGED | ROBBERY – State v. Ms. C. (DMC No. 8590) (Phoenix Police Department DR81296729): Ms. C. had obtained some kittens from a local cat “breeder”, and she returned them because they were diseased.  She subsequently got into an argument with the owner and allegedly broke the window of the owner’s property.  She then took two other kittens and left the property.  We were able to work with the Detective and the alleged victim and negotiated a “civil compromise”, which involved a small monetary settlement.  She was not charged with any criminal activity.

REDUCED | ARMED ROBBERY with a GUN (dangerous)/AGGRAVATED ASSAULT with a GUN (dangerous) REDUCED to PROBATION with 1 YEAR of JAIL and WORK FURLOUGH RELEASE – State v. Ms. H. (DMC No. 6196) (Maricopa County Superior Court CR2005-005735): Mr. H. was with several friends when he was driving down the road and saw the alleged victim in front of him in his car. He stated “there’s the guy that owes me money”, and he began tail gating the victim. His other friend was in another car, and they cut the victim off and stopped his vehicle in the roadway. Mr. H.’s friends then got out with a silver handgun and shotgun and demanded the money that he was owed. Police saw this, and a high speed chase ensued, and all were taken into custody. Mr. H. was facing a minimum of 10 years in prison, and a possible maximum of over 30 years. We were able to show through mitigation that he deserved a probation offer. Attached to that offer was 1 year of jail, with “work furlough” which allowed Mr. H. to complete school. The co-defendants were not as fortunate.

REDUCED | ARMED ROBBERY/KIDNAPPING – (DMC No. 1816) (Maricopa County Superior Court No. CR2000-090604): Mr. P. and a co-defendant were owed money from some individuals. They were alleged to have gone into the house with ski masks and guns in order to get their money back. There was a pizza delivery man inside of the house along with others, who ran out of the house and police were called. Although Mr. P. was facing a mandatory minimum of over 10 years in prison, we were able to reduce all charges to a low level burglary which include probation and 60 days in jail.

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