Internal Reference #1018
Violent Crimes Weapon ChargesFacts: On 5/510 at approximately 0900 Hrs., Officer B was advised by dispatch that an unknown male later identified as the defendant driving a blue Honda SUV pointed a black handgun at the victim during a road rage incident. While responding to the scene Officer B observed a Honda SUV matching the description given by dispatch going east bound on NW 62 nd Ave. Officer B then initiated a traffic stop in the 1200blk of NW 62 nd St to further investigate the situation. For officer safety, the officer then asked the driver of the vehicle the defendant to step out of the vehicle. Officer B then advised the defendant of his Miranda Rights. Officer B then asked the defendant if he had any weapons in the vehicle and he stated, “Yes sir, I have a pistol permit”. Officer B then asked the defendant where the weapon was and he stated “I have a handgun in a black bag on the front passenger seat”. Officer B then checked the black bag on the front passenger seat, and found a back Glock 23, 40-caliber handgun in a black holster. The black bag was open and there were 10 hollow point rounds in the gun’s magazine. Officer T then brought the victim to the scene to conduct a show up, and the victim positively identified the defendant as the individual that pointed the gun at him. The defendant was placed into custody and transported to the detective bureau to be interviewed by Detective B. The victim was also interviewed by Detective B and he indicated that he wishes to prosecute. The defendant was later transported to the police station booking facility to be charged accordingly. The handgun was submitted into the evidence unit. The defendant was arrested and charged with Agg Assault (784.021-1AC).
Results: Mr. Foley was able to convince the state attorneys office to change the charged from Agg Assault with firearm (3 year minimum mandatory sentence) to Reckless Display of a Weapon. The win in this case was that the defendant started off with a minimum three-year prison sentence, and the charge was then changed to Reckless Display of a Weapon and then that charge was ultimately dismissed. No Felony, No Jail, No Conviction. DISMISSAL