State v. Mr. B (DMC number 16291) – Felony Aggravated Assault – Not Charged – Maricopa County Sheriff’s Office Investigated (DR No. 20XX-XXXXXX7) & Maricopa County Attorney’s Office “Declined to File Charges”.
Mr. B retained our firm, after he was served with an Order of Protection by his wife, who he was in the midst of divorcing. In the Order of Protection, it claimed that Mr. B punched his 14-year-old daughter in the head, causing her to obtain a concussion. At the time he retained our firm, he had not been contacted by law enforcement yet, however, due to the information in the Order of Protection, we were able to ascertain that the Maricopa County Sheriff’s Office was investigating.
After retaining the firm, the Pre-Charge Team began taking action on the case. We met and, thereafter, requested a copy of the Police report and sent a Trebus Letter to the Maricopa County Attorney’s Office, advising of our representation and notifying them that if they proceeded by way of Grand Jury, that Mr. B would like to be present to testify on his behalf. We also reached out to the Detective assigned to the case and sent the Detective an email of our client’s signed and notarized Invocation of Constitutional Rights. After receiving a copy of the Police report and reviewing it, we also submitted a Public Records Requests for copies of the axon videos, along with the audio and video interviews of the children inside the home, along with clients soon to be ex-wife.
After consulting with his Family Law Attorney and gathering more information from Mr. B., we began preparing a Trebus Bashir Letter to send to the Maricopa County Attorney’s Office for review. This letter detailed how Mr. B did not “punch” his daughter in the head and merely flicked her head in an attempt to have her get out of bed and get ready for school. We provided medical documentation showing there were no injuries to his daughter and also provided detailed information about Mr. and Mrs. B’s ongoing Divorce and his wife’s motivation to have a claim of Child Abuse or Aggravated Assault against him. This letter was then submitted to the County Attorney reviewing the case to make a charging decision.
After receiving and reviewing our letter, the Maricopa County Attorney’s Office “declined to file charges” against Mr. B and did not submit the case to the City of Phoenix for Misdemeanor prosecution.