A Legal Nightmare…
This video runs for about an hour. It is worth the watch.
This is an absolute nightmare of a case that comes to us via the Attorneys on Retainer. (Click the pic to watch the video.) I have recently become a client of their services. I believe them to be the best option of many on the market. I encourage you to look at this firm, and others like it. $450 or so a year is not inconsiderable, but the cost of just getting charges dismissed can be in the tens of thousands. AOR covers all eventualities regardless of the circumstances. Read the fine print of any and all contracts! Caveat Emptor!
From this case I extracted the following lessons:
1. Be the one who calls the police after an incident of this nature, especially if force was used. The defender’s story upfront MIGHT have prevented much of this. Given the players involved there's no telling for sure, but at least it would have preempted the very dangerous felony stop that took place (see #4 below). This was a small town and everyone knew everyone…but this young man. It’s a big club, and we ain’t in it, to paraphrase George Carlin.
2. Be in the moment. You are very vulnerable when getting in and out of your vehicle. Take note of who can close the distance on you during that period. Pay attention to people that are paying attention to you. We cover this extensively in Car Problems.
3. Invoking the 5th Amendment without legal counsel present was smart, particularly given the small-town environment he was living in. Check out my detailed thoughts on this topic in this video. Once you enter the justice system you have “stepped through the looking glass”, and things can get very murky, very quickly.
4. It is common to receive conflicting commands when interacting with LE when they are engaged making an arrest in a violent felony case. He was told to put his hands up and then told to get out of the car. In order to do that he had to lower his hands to unbuckle. That was a moment fraught with absolute mortal peril. You'd think that with a history of disasters modern training and would fix this, but no.
5. Having a person that you can call that can initiate a chain of events on your behalf is mandatory. This person MUST have the contact information for your chosen legal representation. You MAY get one phone call, make it a good one. I also recommend having that number memorized or on a card you carry upon your person. You don’t want to have to unlock your phone in that circumstance…that will give the police immediate access.
6. Being denied discovery is an unfortunately recurring theme in many cases. A good attorney will hire a private investigator to work on your behalf. In this case there were nine seconds of video that somehow magically disappeared. Those nine seconds absolutely illustrated that the complainants were clearly lying about the circumstances that led up to the defensive display of a firearm, particularly under Arizona’s Castle Doctrine.
7. It is not surprising how long this case dragged on. People watch too much "Law and Order" where everything happens in 45 minutes and everyone is ethically pursuing justice. The Sword of Damocles in the form of a prison sentence was poised over this young man’s head for two years and he suffered under incompetent counsel for much of that time.
8. Pepper spray is a useful tool for circumstances like this but carries its own liabilities. We integrate pepper spray training into Car Problems, Just Get Home and Concealed Carry Tactics.
9. Government agencies are full of people, and consequently you are subjected to personalities, politics and agendas, all leavened with pride. Again, we aren’t in the club.
10. People will lie, especially families. A dash cam with an internal view is now a modern necessity. If you elect the latter option keep in mind that camera could catch you scrolling on your phone when you should be driving.
11. Local politics are a huge thing. From “Big City Thinking” to “Ya’all ain’t from around here,” we aren’t in the club.
12. Console carry is...suboptimal. Your pistol has to be on your body to be truly useful. (Some of the “car holsters” I have seen are absolutely pitiful, they don’t even cover the trigger. Just say no!)
13. Not all lawyers are equal. You need not just a criminal defense attorney, but one that has worked on self-defense cases. Most criminal defense attorneys deal with people that are actually guilty and this may color their approach to your case. In this instance the original lawyer was primarily concerned with reducing his guilty client’s prison term. You CERTAINLY can’t rely on your uncle’s friend that is experienced in contract law.
I will close by observing that local media have taken up this young man’s case and hopefully there will be accountability, but I know which way to bet.
