Mr. Beach’s client was accused of Hunting on Another’s Enclosed Land and Aiding in a Wildlife Violation. If convicted of both charges, Mr. Beach’s client faced up to two years of jail. Mr. Beach’s client had been found on forested private land with a dead elk and Mr. Beach’s client had a rifle. At trial, Mr. Beach proved that it was someone else who shot the elk and that Mr. Beach’s client was not with that person when the elk was shot, that Mr. Beach’s client came from public forest onto the land where the elk was shot looking for the person who shot the elk, and finally that the private property did not have any markings or enclosures marking it as separate from the adjoining public land. Accordingly, Mr. Beach’s client was found Not Guilty of both charges!
Congratulations to Toni Gonzalez on a Domestic Violence Trial Win!
Ms. Gonzalez’s client was accused of Harassment (child witness). This carries up to 264 days of jail upon a conviction. At trial the alleged victim claimed that Ms. Gonzalez’s client had tackled the alleged victim. During Mr. Gonzalez’s cross examination of an independent witness and the alleged victim’s daughter, both admitted that no tackle actually happened. The alleged victim fell over their dog while trying to take the dog away from Ms. Gonzelez’s client.
Congratulations to Tyler Beach on another Restraining Order Trial Win! (Copy)
Mr. Beach’s client was married. At one point during an argument, he threw a water bottle at the wall; but it hit his wife. His wife filed for a restraining order. At the contested hearing, their daughter admitted that the plan by she and the wife were to use the restraining order to get Mr. Beach’s client kicked out of the home. The judge agreed that this was not domestic abuse by Mr. Beach’s client and dismissed the restraining order.
Congratulations to Tyler Beach on Another Domestic Violence Trial Win!
Mr. Beach’s client was accused of Menacing and Harassment (child witness). The maximum jail sentence if convicted of both allegations is two days less than two years. The alleged victim and her son claimed that Mr. Beach’s client had threatened alleged victim (the menacing charge) and that he had hit the alleged victim (the harassment charge). At trial, the alleged victim admitted that she had been the physical aggressor and that the physical encounter began by her throwing a ‘special’ toy into Mr. Beach’s client’s face. Mr. Beach’s client was found Not Guilty of both charges!
Congratulations to Angus Dunlavey on another Assault Trial Win!
Mr. Dunlavey’s client was accused of Assault 4. This charge carries up to 364 days of jail if a person is convicted. Mr. Dunlavey’s client had beaten up his daughter’s boyfriend. In the process he might have accidentally struck his daughter. The Assault charge was for possibly striking the daughter. At trial, Mr. Dunlavey proved that his client had heard what sounded like the boyfriend assaulting the daughter (the boyfriend had done it before, so Mr. Dunlavey’s client was primed to be proactive). Mr. Dunlavey’s client charged in to separate the daughter from the boyfriend. In the process of dealing with the boyfriend, it was unclear if the daughter had been accidentally struck. However, after the prosecutor finished submitting his evidence, the judge granted Mr. Dunlavey’s motion arguing that even if the daughter had been accidentally struck, that Mr. Dunlavey’s client was acting in defense of his daughter. Accordingly, the Assault charge was dismissed.
Congratulations to Joe Metcalfe on another Jury Trial Win - Unlawful Use of a Weapon & Menacing
Mr. Metcalfe’s client was accused of Unlawful Use of a Weapon and Menacing. The maximum prison sentence, if convicted of both, would be 6 years (five years for the Weapon charge and 364 days for Menacing). The allegation was that while waving around a gun, and making a motion like he was loading a round into the gun, Mr. Metcalfe’s client said, ‘I’m going to kill you.’ It turns out that the ‘gun’ was a replica (it actually was a knife because the barrel of the ‘gun’ was a blade with a cutting edge. The facts were as they were. So, Mr. Metcalfe established that his client never intended to use the ‘gun’ because it wasn’t a gun and he made no actions that threatened to use it as a knife. Also, Mr. Metcalfe proved that through his actions, the victim was never actually afraid. The jury returned a verdict of Not Guilty to both charges.
Congratulations to Angus Dunlavey on another DUII Trial Win!
Mr. Dunlavey’s client drove to a bar and began drinking. The police found him drinking a beer. But his wife told the police that he drove to the bar already drunk. It turns out his wife was being investigated for domestic violence against Mr. Dunlavey’s client when she claimed this and no one else said he drove drunk. The court granted Mr. Dunlavey’s motion to dismiss as soon as the prosecutor completed offering evidence.
Congratulations to Joe Metcalfe on another Trial Win!
Mr. Metcalfe’s client was accused of Hit and Run. This crime, if convicted, carries up to 364 days of jail. More importantly, Mr. Metcalfe’s client has rented the same home for the last 35 years and was told by the landlord that if he was convicted of any crime that he would be required to leave. Mr. Metcalfe’s client, understandably, did not wish to lose his home of 35 years. At trial, Mr. Metcalfe proved that his client had only left the immediate location of the car accident because the driver of the other car became aggressive, and that Mr. Metcalfe’s client feared being the victim of violence. Further, through the body camera footage the police took, Mr. Metcalfe was able to demonstrate that the motivation of the other driver was to try to make Mr. Metcalfe’s client responsible for his medical bills (medical bills that were due to an injury he suffered before the accident with Mr. Metcalfe’s client). At the conclusion of evidence, Mr. Metcalfe’s client was found Not Guilty.
Congratulations to Joe Metcalfe on another Domestic Violence Jury Trial Win!
Mr. Metcalfe’s client was accused of Assault 4 and Harassment. The maximum potential jail sentence if convicted was one day less than one and a half years. The alleged victim’s daughter called 911 saying she heard Mr. Metcalfe’s client threaten her mother. When the police arrived, both the alleged victim and Mr. Metcalfe’s client had scratches on their arms. Mr. Metcalfe’s client was arrested. At trial, Mr. Metcalfe proved that neither of the people had actually scratched the other. The scratches had come from a bed they were each reaching under to get to a phone. They were on opposite sides of the bed trying to get that phone. Before the jury had to begin deliberations, the judge granted Mr. Metcalfe’s motion to dismiss the case after proving these facts.
Congratulations to Matthew Crusen on another Domestic Violence Jury Trial Win!
Mr. Crusen’s client was accused of Assault 4 and Harassment. The maximum potential jail sentence if convicted was one day less than one and a half years. The basic allegation was that Mr. Crusen’s client was accused of biting her boyfriend’s face during an argument. This was a case where we had declined the option of the Deferred Sentencing program - therefore, we went to trial.
The police testified that the boyfriend had an obvious bite on his forehead. Mr. Crusen established through cross examination (primarily) that his client was trying to kiss her boyfriend, and he pulled away at the last moment at an angle that caused her teeth to be struck by his forehead hard enough to leave marks and some injury. The jury saw reasonable doubt and therefore found Mr. Crusen’s client Not Guilty of both charges.