State v. Mr. RV. (2008)
Practice Area: Criminal Law / Drive By Shooting / Aggravated Assault / Criminal Street Gang
Date: January 29, 2008
Description: Assault Crime Cases (Maricopa County Superior Court CR2007005030): Mr. RV. was alleged to be the middle passenger in a pick-up truck with two other friends who were alleged to be part of a criminal street gang. While driving in the Sunny Slope Area, shots were fired from the truck and hit an alleged rival street gang member and nearly struck his girlfriend. The victims were unable to identify the shooter but the rival street gang member indicated that he had been in a verbal altercation with Mr. RV. earlier in the day. Days later, the alleged gun from the shooting was found in possession of the two other passengers. Officers then interviewed the two passengers and asked if they were going to be witnesses or defendants. During the suggestive interview, the two passengers identified Mr. RV. as the shooter. Mr. RV. maintained his innocence. During trial, Attorneys Ms. Starr and Ms. Castillo argued that the officers had inappropriately and unduly suggested to the passengers who the shooter was and had given them a way out of being charged. Additionally, witnesses had suggested that there was another vehicle involved and that it had driven off with the truck. The jury acquitted Mr. RV of all charges.
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