Category: Premises Liability

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Homicide Cases All Throughout Phoenix

Homicide Cases All Throughout Phoenix

Fatal Phoenix Shootings

Crime is growing extremely fast. Instead of getting better and growing together, the country keeps getting more and more divided. While some hoped that President Trump’s presidential victory would bring the nation together for better American jobs, less crime, and less illegals it’s also brought a huge segregation against the people of the world.

In Phoenix, a one man crime spree caused havoc on Sunday night. There were two shootings, which ended in death. There was two other shootings, a pair of carjackings, a car chase as well as a self inflicted fatal gunshot wound.

James Holmes who is a Phoenix Police officer said that the Monday investigators had not came up with a motive and that the shooting seemed to be random violence. It occurred at a Motel 6 near Interstate 17  and Northern Avenue.

The suspect was identified as twenty-eight year old, Daterryn McBride. He had to be hospitalized for a gunshot wound and he later died. According to the reports, he had a criminal history.

McBride had shot and killed forty-four year old, Brian Harris as well as forty-four year old, Robert Sykes. He shot them around 10:30 p.m.  There was a clerk that was also shot and is in critical condition.

Phoenix Police Search for Suspect

McBride fled the scene on foot, but not before he shot two people who were just sitting in a pickup truck in a parking lot. The two people were able to drive to a nearby convenience store at 27th and Northern Avenues and were able to get a hold of the police. The pair was treated at the scene.

According to the report, McBride ran into an apartment complex near 27th and Northern avenues. During his flee, he took a man hostage and stole his car as the man’s wife and infant watched. McBride then fled down I-17.

Holmes Statement:

That man got in the car, allowing himself to be kidnapped and wasn’t shot. I can’t imagine the terror he felt.

The car then broke down and McBride left it and then carjacked another victim. He then crashed that car near 16th Street and University Drive in Phoenix.

Police say that McBride then got out of the car and ran into a nearby field. Once in the field, he shot himself.

Criminal Defense Cases

If you have been charged with murder, the attorney you choose to defend you will likely be one of the most important decisions you ever make. Obtaining a strong defense could be the difference between freedom and a life behind bars.

At the Phoenix based Offices of Criminal Defense Lawyers PLLC, you will find the experienced, dedicated and highly skilled trial attorneys you need to protect your rights. Each of our attorneys made a conscious decision to become a criminal defense lawyer. We could have chosen any other field of law, but defending the freedom and liberty of people who are facing the possibility of incarceration was our first choice. We believe strongly that skilled and passionate defense attorneys can make a difference in the lives of their clients. We go into every case feeling that we can make that difference.

Hiring the Right Homicide Lawyer in Phoenix

Having a skilled homicide defense attorney is important in any criminal case, but it is even more critical in a murder case. To properly defend a client against a murder charge, a defense lawyer must be prepared to effectively challenge the prosecution’s evidence. To do so, a Phoenix Murder Defense Attorney must be prepared to effectively cross-examine the prosecution’s witnesses, including any expert witnesses.

Expert Witnesses

In some cases, a Phoenix Homicide Defense Attorney may need to use expert witnesses on behalf of the defendant to challenge forensic evidence, ballistics evidence and other scientific evidence presented by the prosecution. We are prepared to do so and have worked with expert witnesses in the past to provide a vigorous defense on our clients’ behalf.

In addition to fighting your charges at trial (or seeking a case dismissal for lack of probable cause), we can also negotiate with the prosecution to seek a favorable plea agreement. A plea agreement might involve a plea to a lesser offense or an agreement on sentencing that will significantly reduce the penalties you face.

Homicide Defense Strategy

We will take the time to talk to witnesses, investigate what really happened in your case, understand what evidence is in the prosecution’s possession, look for holes in the prosecution’s case, and determine if the police violated your constitutional rights or made other critical errors that can be used to your advantage.

We are committed to raising a strong and comprehensive defense on your behalf. Depending on the facts of your case, the following defenses and strategies may be helpful:

  • Self-Defense
  • Insanity
  • Mistaken Identity
  • Suppression of Evidence
  • Challenging DNA, Fingerprint Evidence and other Forensic Evidence
  • Challenging Ballistics Evidence (Relating to Firearms and Bullets)
  • Challenging the Reliability of an Eyewitness
  • Challenging Whether the Evidence Sustains a Murder Conviction
  • Negotiation with the Prosecution to Determine if a Plea Agreement Could

Significantly Minimize the Charges or Penalties you Face

We have defended clients against murder charges and other felony violent crimes. You can be confident that you will have a highly skilled and dedicated defense lawyer who will advise you of your rights, help explain the process and work diligently to seek the best possible outcome on your behalf.

Schedule a Free Consultation – Phoenix Homicide Lawyer

If you or someone you know has been accused of a Violent Crime such as Homicide, contact a Phoenix Criminal Defense Lawyer Today to Schedule a Free Consultation. With a wealth of expertise, a commitment to integrity and a passion for defense, the Attorneys at Criminal Defense Lawyers PLLC – Phoenix Criminal Defense Lawyers – are here to support you with your case. We believe every defendant has the right to a solid defense. Call us today for a free initial consultation at 480-351-6445.

 

Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445
https://www.criminaldefenselawyers.me

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assault battery Pedestrian Accident Personal Injury Premises Liability Wrongful Death

Phoenix Police Officers Struggle with Brutality

Phoenix Police Shooting Assault

Phoenix Police Facing Backlash Over Brutality

A 17-year-veteran of the Phoenix Police Department who was fired earlier this year after an incident of police brutality is back on the job, assigned to the Maryvale-Estrella Precinct.

Officer Kevin McGowan was involved in an incident on Dec. 23, 2014 at a smoke shop near 40th Street and McDowell Road. He was found to have used excessive force resulting in an injury to an 18-year-old named Patrick D’Labik.

The entire incident was caught on video tape. The Phoenix Police Department released that footage in April, shortly after McGowan’s termination.

The video shows McGowan walking into the store and pulling his weapon.

At the same time you see D’Labik put something down on the store counter and raise both his hands in the air.

D’Labik then starts to get down on the ground in a push-up-type position and was almost on the ground when McGowan stomps on D’Labik’s upper back, forcing his arms to buckle and his face to smash against the ground.

“I tasted blood, and that’s when I had spit and I looked on the ground and my teeth was already there,” D’Labik in an interview after the incident.

The strike knocked out three of D’Labik’s teeth and broke two others. D’Labik said that at the time, he didn’t know what the officer used to push him to the ground.

“I just know that he pushed me down more than he should have – way more than he should have,” D’Labik said.

Although the Maricopa County Attorney’s Office declined to prosecute McGowan for aggravated assault, citing “no crime committed,” Phoenix Police Chief Joe Yahner said McGowan’s violation of policy warranted his firing.

McGowan appealed.

Phoenix Police Struggle with Brutality

The Phoenix Civil Service Board last week agreed with the recommendation of the hearing officer who heard McGowan’s case, and reinstated him to his former position.

The hearing officer described McGowan’s behavior during the December 2014 incident as “unacceptable,” but determined that “dismissal is not reasonable or appropriate under the circumstances.”

“There is no evidence of a pattern of improper behavior,” the hearing officer wrote in her recommendation. That officer also pointed out that McGowan amassed an “extensive amount of commendations and awards” during his 17 years on the job. In addition, she said McGowan accepted responsibility for his actions and “has sought counseling and continues to do so to ensure he can better deal with stress so that this type of incident would not recur.”

Although McGowan has not commented on this turn of events, his attorney, Steven J. Serbalik, issued a statement.

“On April 7, 2015, Officer McGowan was terminated. On August 13, 2015 the Phoenix Civil Service Board voted to reinstate Officer Kevin McGowan to his former position as a Police Officer for the City of Phoenix. Officer McGowan is a decorated 17-year veteran of the Department. He earned dozens of commendations and had no significant prior discipline.

“As we stated before, the video obtained by the media does not show the complete series of events related to this detention/arrest.

“The entirety of this incident, including the video, was reviewed by an independent expert and by a panel of attorneys at the Maricopa County Attorney’s Office. These reviews resulted in a determination that no crime was committed by Officer McGowan. Officer McGowan filed an appeal of his termination. A hearing was held before a neutral hearing officer on June 22, 2015.

“Officer McGowan respects the Civil Service Process, and is thankful that he had the opportunity for a hearing officer and a panel of citizens to review all of the facts related to his employment, not just a video showing an excerpt of a single incident.

“The hearing officer, after reviewing not only the video, but also hundreds of pages of additional information and hours of witness and supervisory testimony, recommended that Officer McGowan be reinstated. The Phoenix Civil Service Board, consisting of appointed civilian members, adopted the report and recommendation, and ordered Officer McGowan’s reinstatement. Officer McGowan received a 240-hour unpaid suspension, and was not awarded back pay.

“Officer McGowan will not be giving any interviews related to this incident, and this will be the only statement he will give related to this matter.”

For its part, the Phoenix Police Department has not said anything about the board’s decision to reinstate McGowan other to confirm that he is back on the job and his assignment.

D’Labik, whose injuries still cause him pain, described McGowan’s reinstatement as “really aggravating.”

“I mean, I ain’t getting my teeth back. … Why should he get his job back?” he asked. “For what? Why should you be able to do something like that and get your job back?”

“I just don’t think the man deserves his job back,” D’Labik’s grandmother, LaVerne O’Hare, said. “I really don’t.”

While she’s not worried for herself or her grandson, the fact that McGowan is back on the job troubles O’Hare.

“I didn’t think it was right for the simple fact that I don’t know what the man could do on another time,” she explained. “I’m not concerned for any of us. I’m concerned for anybody else out in there in Phoenix that might come across him.”

Although she is still angry about what McGowan did to her grandson and wholeheartedly disagrees with the board’s decision to reinstate him, she concedes that time will tell if the board did the right thing.

“If he can keep himself controlled and do things the way he’s suppose to in the future then it’s OK, but I just personally myself, because of what happened to my grandson, I don’t think it’s right,” she said. “I understand he needs a job he needs to make money. He needs to support his family but what he did to my grandson was not right.”

D’Labik believes it is unfair that McGowan got his job back, but he is pragmatic about it.

“I mean it is what it is,” he said. “There’s nothing I can do about it.”

Comprised of five people appointed by the City Council, the Phoenix Civil Service Board “hears appeals of disciplinary demotions, discharges, and suspensions of [city] employees,” including police officers.

Current members include Robert Lord, Kurt Mangum, Bruce Meyerson, Craig Steblay and Adrienne Wilhoit.

 

 

Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445
https://www.criminaldefenselawyers.me

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felony Personal Injury Premises Liability

Animal Fights In Arizona

Animal Fights In Arizona

Animal Fights and Animal Cruelty

 

Animal cruelty is almost just as bad as being mean to another human being. In some cases the fines could be almost as high or more as though you beat a human.

 

Animal Cruelty Laws

 

Sec. 8-3. – Animal cruelty.

A. A person commits animal cruelty if the person does any of the following:

1. Intentionally, knowingly or recklessly subjects any animal under the person’s custody or control to cruel neglect or abandonment.

2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person’s custody or control.

3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.

4. Recklessly subjects any animal to cruel mistreatment.

5. Intentionally, knowingly or recklessly kills or attempts to kill any animal under the custody or control of another person without either legal privilege or consent of the owner.

6. Recklessly interferes with, strikes, kills or harms a working or service animal without either legal privilege or consent of the owner.

7. Strikes an animal with a vehicle resulting in injury to the animal, and leaves the scene without rendering aid and assistance in the care of such animal if such action can be taken with reasonable safety. For the purposes of this paragraph, “animal” means any animal of a species that is susceptible to rabies, except man.

 

It’s pretty sad when you have to have laws telling you to be nice to animals, but sadly that is what this world is coming to. Cruelty, in every form. Recently a woman in Phoenix was put into jail after she shot two dogs who were fighting in her own backyard over the weekend. Is that really jail worthy? The dogs shouldn’t have been in her yard and fighting non the less.

 

The fight happened on Saturday. This was at her home near 27th Street and Union Hills Drive. The court documents show that Katie Pallante who is only twenty-six years old, shot two dogs who were attacking one another in her own yard. At the time of the shooting, she was actually watching over twenty-two dogs and three cats.

 

Miss Pallante told the police that she tried to pull the dogs apart and spray them with water, however the dogs would not stop fighting. She then told them that she had to run inside to keep her four year old daughter from coming out the door. She then grabs her .40-caliber handgun. Which you can’t blame the woman for wanting to keep her daughter safe as well as the other animals. Miss Pallante runs back outside with her gun and then she shot the male dog in the stomach. The court documents also states that she then shoots the female dog who would not stop attacking the already injured dog.

 

Pallante says she didn’t want to kill the dogs,she just wanted them to stop fighting. The court documents show that the male dog did not belong to Pallante. The owner of the female dog is still unknown.  After Pallante shoots the two dogs she then leaves the home and goes to the nearby gas stations so she can pick up some cigarettes and a drink. One of the officers has to tell her to come back to her home. Maybe she isn’t quite as innocent as she first makes people believe.

 

The humane society shows up and takes both of the dogs. They do not know if the male injured dog will survive. Pallante is being booked into jail later on two counts of animal cruelty as well as two counts of discharging a firearm in city limits.

 

So if you hear two dogs fighting in your yard and you and your family are able to stay inside, do so and call the authorities or you can face the same sentence as Pallante.

 

Another Animal Cruelty Case

 

Arizona Proposition 201:

Proposition 201 would amend state law to create the crime of cockfighting. Cockfighting would be classified as a class 5 felony, generally punishable by a possible fine of up to $150,000 and a possible prison term ranging from nine months to two years. Presence at a cockfight would be classified as a class 1 misdemeanor, generally punishable by a possible fine of up to $2,500 and a possible jail term of up to six months. This proposition would extend existing state law animal cruelty exemptions and defenses that apply to lawful hunting, ranching, farming, rodeos and related activities to also apply to cockfighting. The measure passed in 1998 with 68.1% of the vote.

 

Cockfighting is a traditional event, not a good one but many people enjoying watching those poor Roosters kill each other. Some use little boxing gloves to cover the Rooster spurs, some add little blades. This and dog fighting, I find absolutely heart breaking.

 

Now a Phoenix man will no longer be able to torture those poor Roosters. The man has been arrested for his connection with cockfighting at his home which is in Phoenix.

 

Police try to cover these calls quickly but carefully. They want to try to catch all those involved in the illegal cockfighting matches. The police quickly responded to this call of cockfighting. They came to a home near 63rd Avenue and Van Buren Street on a Saturday. While the authorities were there they sadly were witnesses to several injured roosters.

 

Police luckily found and arrested Slivano Tena who is fifty years old for seventy-one counts of animal cruelty. How sad, it’s hard to tell how long the many years and how many fights have happened in Tena’s home. How many roosters had to die just for the enjoyment and betting on one or the other?

 

Luckily the humane society was quick to respond to the cockfighting scene the humane society was able to rescue seventy-one animals from the property. Mr. Tena did admit to owning the property and even renting out individual pens for the roosters.

 

If you know of someone who is fighting rooster, dogs, or whatever please let the local authorities know. Whatever information you give them will be confidential.

 

Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445
https://www.criminaldefenselawyers.me

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Personal Injury Premises Liability

3 Arrested For Distributing Drugs and Alcohol to Children

3 Arrested For Distributing Drugs and Alcohol to Children

Three People Arrested for Giving Underage Children Drugs and Alcohol

Two parents allegedly admitted to giving their underage children illegal drugs and alcohol. There was also another person arrested in this situation.

The Yavapai County Sheriff’s detectives were notified of the safety concerns and abuse allegations at the home of the suspects.  Aaron Foster-32, Elizabeth Lawson-33, and Jacob Owens-21 were arrested at the home on April 5, 2014. Aaron Foster has already seen trouble being that he is a level 2 registered sex offender. He is the stepfather of Elizabeth’s children who are at the ages of 13,9,7, and 5. The other suspect, Owens, is a family friend who was there visiting at the time of the arrest.

During the search of the home, the detectives found multiple pipes including the Meth and Marijuana kind in the bedroom where all four of the children were asleep with their parents. The home was described as “very messy with trash, debris, and clothes strewn everywhere.” They also found dog fences in an unused bedroom.

Aaron admitted to the police that he is addicted to Meth and he also has given and smoked pot with his 13 year old stepdaughter. The 9 and 7 year old admitted to the police that they have smoked marijuana that they got from Aaron.  Elizabeth told the police that she has given the 13 year old alcohol, and admitted to knowing that Aaron has given their children drugs.

Child Protective Services now have all the children in custody.

The detectives actually found a pipe with marijuana in it. There was also knives and ammunition in the house that belonged to Aaron and was seized.

Aaron’s Charges in the Drugs and Alcohol Case

Foster was charged with involving a minor in a drug offense, possession of drug paraphernalia, misconduct involving weapons and failing to comply with sex offender registration requirements. He is in custody on a $50,000 bond.

Elizabeth was charged with involving a minor in a drug offense and child abuse. She has a $7,500 bond and is in custody. Owens was released but charged with a possession charge of marijuana and drug paraphernalia.

Read more: 3 arrested after parents allegedly admit to giving children drug – FOX 10 News | myfoxphoenix.com https://www.myfoxphoenix.com/story/25217124/2014/04/10/3-arrested-after#ixzz2yq23AXw9

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assault bank robbery battery felony Personal Injury Premises Liability

Phoenix Officers Work a Barricade Situation to Detain Two People

Phoenix Officers Work a Barricade to Detain Two People

Police Officers Detain Two Suspects After Barricade Situation

According to the Phoenix Police, on June 15, 2014 the Phoenix Police Officers were able to detain two individuals after they created a barricade situation. This was at a local town home complex which is near the 12th Street and Dunlap in the Phoenix area.

According to Sgt. Steve Martos, the police had received a call that was in regards to shots being fired around five in the morning. When the Police Investigators arrived to the scene they were shocked to find that a man was armed and had reportedly barricaded himself in a home after he aimed his weapon at the police officers.

ABC 15 News Pete Suratos was at the Barricade Scene

According to Pete, the SWAT team had arrived on the scene and was ready for anything at around seven:thirty in the morning. The Situations had remained active for about another hour after the SWAT got to the scene.

Sgt. Martos said that the officers had detained the two individuals after the barricade incident.

No other details are known at this point of time.

Do you think the two individuals were involved with drugs or a burglary? Do you think that the authorities should have released more information about the situation?

Source: https://www.abc15.com/news/region-phoenix-metro/central-phoenix/police-working-barricade-situation-in-phoenix