Mr. Beach’s client was accused of Strangulation and two counts of Assault 4. If convicted, Mr. Beach’s client faced up to seven years of incarceration (technically, two days short of seven years). The alleged victim claimed that Mr. Beach’s client strangled her and hit her with a belt. The police saw marks on the alleged victim’s body - and they also observed that the alleged victim was clearly intoxicated when she was interviewed. At trial, the alleged victim claimed that she was not intoxicated when she made her complaint to the police. Mr. Beach built upon that obvious lie by the alleged victim so that the conclusion was that if she lied about drinking, perhaps she lied about the rest. The jury agreed that they could not believe her beyond and reasonable doubt and returned a Not Guilty verdict on all charges.
Congratulations to Toni Gonzalez on another Domestic Violence Trial Win!
Ms. Gonzalez’s client was accused of Attempted Felony Assault 4 and Harassment (child witness). If convicted of both charges, Ms. Gonzalez’s client faced up to two years of custody (technically two days less than two years). At trial, everyone agreed that Ms. Gonzalez’s client forcefully pulled the alleged victim’s hair while their child was present. But the issue was why did he do that. He (Ms. Gonzalez’s client) said it was to protect their mutual child from the alleged victim and the alleged victim said that was not why he did it. After all the evidence, the judge ruled that both people seemed to be telling the truth. Ms. Gonzalez’s argued that if both could be true then beyond a reasonable doubt has not been proven. The court agreed and Ms. Gonzalez’s client was found Not Guilty!
Congratulations to Tyler Beach on a Felony DUII Trial Win!
Mr. Beach’s client was accused of the felony version of DUII. If convicted, this charge carries up to five years of prison. The prosecution filed the charges alleging DUII by ‘controlled substances’. Mr. Beach, knew that the facts would show intoxication by marijuana. Mr. Beach found a court of appeals decision that requires the government to specify marijuana if they wish to prosecute someone for being under the influence of marijuana – they can’t just generically allege ‘controlled substances’. Mr. Beach waited for the prosecutor to finish his case at trial and then made the motion for a judgement of acquittal because the prosecutor misfiled the paperwork (Mr. Beach didn’t file the challenge before the trial, because that would have given the prosecutor the opportunity to correct his error). The judge ruled that he had to find Mr. Beach’s client Not Guilty because of the court of appeals decision Mr. Beach cited to the court.
Congratulations to Toni Gonzalez on a Menacing Trial Win!
Ms. Gonzalez’s client was accused of Menacing. This carries up to 364 days of jail. This is the charge for threatening to hurt someone. At trial, the government proved that during an argument Ms. Gonzalez’s client raised his fist in a threatening way. But Ms. Gonzalez argued that such an action does not (when done alone) mean that one is going to injure the other (which is required for it to be this crime). At the end of the prosecutor’s evidence, Ms. Gonzalez made a motion to dismiss the case, and the judge granted the motion dismissing the case against her client.
Congratulations to Matthew Crusen on a Racially Charged Trial Win!
Mr. Crusen’s client was accused of Interference with Making a Report and Criminal Mischief in the Second Degree. Together, these charges carry up to two days short of two years of jail. The allegation came from a car accident. After the accident, Mr. Crusen’s client and the other driver got into an argument where the other driver claimed that Mr. Crusen’s client made a series of racial slurs, kicked the alleged victim’s car, and tried to take away the alleged victim’s phone when he called the police. At trial, Mr. Crusen offered the body camera video which showed that the evidence in support of the phone charge was unsupported, but the officer said he should make an arrest because if he didn’t there would be ‘problems’. As to the kick allegation, it turns out that Mr. Crusen’s client only leaned against the car and never caused any damage in doing so. Accordingly, Mr. Crusen obtained a Not Guilty finding on both charges.
Congratulations to Tyler Beach on a Gun Case Win!
Mr. Beach’s client was accused of Recklessly Endangering Another. This charge carries up to 364 days of jail. The case came from a shooting that happened in client’s home during a struggle over a gun. At the trial, Mr. Beach’s proved - through cross examination of the prosecutor’s witnesses - that the gun only discharged when the alleged victim tried to grab the gun and take it away from Mr. Beach’s client. Through this fact, Mr. Beach was able to establish that the gun’s discharge was accidental and not due to the actions of Mr. Beach’s client. At the end of the prosecutor’s evidence, Mr. Beach asked the judge to dismiss the case based solely upon the evidence offered during the prosecution’s presentation. The judge agreed, and dismissed the case without Mr. Beach needing to offer any witnesses of his own.
Congratulations to Matthew Crusen on Another Trial Win!
Mr. Crusen’s client was accused of violation of a restraining order. The maximum jail sentence – if convicted - was six months. The allegations were that Mr. Crusen’s client had a restraining order filed against him. A neighbor called the police due to arguing. The police arrived to find the ‘person protected’ by the restraining order walking away from Mr. Crusen’s client’s home. The police reported that Mr. Crusen’s client admitting to ‘pushing’ the protected person. At trial, Mr. Crusen proved the rest of the story. The ‘protected person' came over to Mr. Crusen’s client’s home uninvited and sneaked into his home when one of the doors was left ajar. Mr. Crusen’s client saw her, told her to leave, and she refused. He then pushed her out the door, closed the door, and locked it. The Court found that Mr. Crusen’s client did not violate a restraining order (a Not Guilty finding).
Congratulations to Joe Metcalfe on another Jury Trial Win
Mr. Metcalfe’s client was accused of DUII, Reckless Driving, and Hit and Run. The total risk of jail time was three days short of three years (364 days for each charge). The evidence was that there was a car accident where a car hit a van and the driver of the car left the location. Later Mr. Metcalfe’s client was found with the keys to the car in his pocket. Mr. Metcalfe’s client denied being the driver. At trial, all of the witnesses for the prosecution (there were multiple) admitted during Mr. Metcalfe’s cross examination that they could not positively identify Mr. Metcalfe’s client as the driver of the car that left the scene of the accident. The jury returned a verdict of Not Guilty!
Congratulations to Tyler Beach on a Wildlife Crimes Trial Win!
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.