Category: Wrongful Death

Phoenix Child Abuse Involving Guns

Post author By Scott
Post date March 3, 2017

Phoenix Boy Shot by Two Year Old Brother

I’ll never quite understand how kids can get enough alone time to kill each other. Where were their parents? Why were the guns not locked up? Why did they kids not know that they were dangerous? If they did know they were dangerous why did they feel comfortable enough to go into your room and get the guns. I’m for guns but I’m definitely for striker gun laws. Of course you never know what could happen until your in that situation.

Sadly a nine year old little boy shot and killed by his two year old little brother. The parents of the boys have now been arrested and are both now facing charges for their suspected roles in the incident.

According to the Phoenix police, they were working to confirm the details of the situation. The children’s twenty-eight year old mother, Wendy Lavarnia worked with the investigators.

Phoenix Police Investigate Toddler Being Shot

The Phoenix police confirmed that the nine year old was Landen Lavarnia. He died at the hospital after being on life support since Monday. This was after his two year old little brother shot him in the head.

Lavarnia was booked for investigation of four counts of child abuse. According to the reports her bond was set at $25,000. Her thirty-one year old husband, Kansas Lavarnia reportedly had a felony record. He was arrested for suspicion of illegally possessing a firearm. Police are still investigating, it’s unclear if Kansas was at home at the time of the shooting.

Child Shot

To continue on with that tragic story, Phoenix police arrived to the scene around 3 p.m. that Monday. According to the reports the home was located near 35th and Rosewood avenues. When they got to the scene I’m sure it was something none of them wanted to see, they saw that the older boy was shot once in the head.

Wendy had told the authorities that she had placed the 9mm pistol (unholstered and loaded) onto the master bed, which was next to her two year old and four year old sons. According to Wendy the two year old picked up the gun and then fired it, hitting the nine year in the head as he innocently played his video games just a few feet away.

She also said that the gun didn’t have an “safety” on it. She often let the two year old practice pulling the trigger when the gun was unloaded. Not the safest toy to allow your two year old to play with lady.

Neighbor’s Statement:

It’s tragic… If that happened here, I would die. It would be devastating beyond belief. It’s devastating just having it next door.

The neighbor said that the husband, Kansas was a hard worker that he drove a large crane truck back and forth from Nevada to Arizona. Other neighbors also called him a nice guy.

Neighbors say they never saw the nine year old little boy but would often see the toddler outside in his diaper running around. Which is odd, why wouldn’t all the kids be outside together? Out of all the time of them living there the neighbors never seeing a nine year old kid outside is a bit odd.

Phoenix Manslaughter Lawyer

At the Phoenix based Offices of Criminal Defense Lawyers PLLC, we have defended many clients charged with a violent crime, including murder charges and other high-level violent crimes. We can provide the strong defense you need if you have been charged with voluntary manslaughter or involuntary manslaughter.

If you discovered your spouse in bed with a lover and as a result killed your spouse in a sudden rage, you may have been charged with first-degree murder. However, you may only be guilty of voluntary manslaughter, an offense that carries a maximum prison sentence of 11 years, as opposed to a life sentence.

Manslaughter is defined as the unlawful killing of a human being without malice. The term malice is used in a highly technical sense and does not simply imply a feeling of anger.

Types of Manslaughter Defenses

If you have been charged with murder and the evidence is stacked against you to show that you did unlawfully kill another person, seeking a conviction to the lesser charge of voluntary manslaughter may make a significant difference in your case.

To effectively raise such a defense, you must be able to establish that you were provoked, that a reasonable person in such a situation might be similarly provoked to kill, and that you did not have sufficient time to cool off and further contemplate your actions. If retained as your counsel, we will thoroughly investigate the facts of your case to determine which defense strategy gives you the best opportunity to protect your freedom.

Types of Manslaughter Cases in Phoenix

In the state of Arizona, you may be charged with involuntary manslaughter under two separate circumstances:

If you committed a crime (other than a felony) and unintentionally caused the

death of another person.

If you were engaged in a lawful act that might cause death and acted without

“due caution and circumspection.”

Manslaughter Conviction and Sentencing

A conviction for involuntary manslaughter carries a maximum sentence of four years imprisonment. If you caused the unintentional death of another person and you were not committing a crime, it is not sufficient for the prosecution to allege that you made a mistake. The phrase “without due cause and circumspection” implies something more than a simple mistake. Our Phoenix Attorneys can raise a number of issues and defenses on your behalf to raise the strong defense you need. A plea to a lesser offense or a plea that allows you to avoid a criminal conviction may be possible depending on the facts of your case. If you choose to fight your charges at trial, we have the skilled trial lawyers to aggressively defend your rights in the courtroom.

Schedule a Free Consultation – Phoenix Manslaughter Lawyer

If you or someone you know has been accused of a Violent Crime such as Manslaughter, 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.

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

Tags child abuse, Gun Control, personal injury, shooting, Toddler Shoots Brother

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Recent Murder Crimes

Post author By Scott
Post date October 21, 2016

Murder of a 14 Year Old Girl Being Investigated

When a child is taken or runs away from home, you can’t help but imagine the worse. For one set of parents, they might be closer to having some answers about what happened to their little girl. Even if they are horribly sad, answers.

Police are investigating the murder of a fourteen year old girl. They think that maybe the case might be linked to a case where a twelve year old girl might have ran away from home.

On Wednesday morning, the San Diego Police Lt. Mike Hastings, stated that the body of a Anna Hernandez was found in a canyon, just off the 2900 block of Market Street on November 18th. Even though they found her on the 18th, they weren’t able to positively identify the girl until November 23rd.

According to the report, the young girl’s body was badly decomposed. The San Diego Medical Examiner’s autopsy proved that she sadly suffered from at least one gunshot wound to her upper body. Who in the world would want to shoot a fourteen year old little girl?!

Lt. Hasting’s Statement About the Murder:

Regarding Anna’s homicide, the investigation continues including the processing of many items of evidence. The homicide team has served search warrants and conducted many interviews in the last seven days.

Nelly Espinoza who was twelve years old, was a friend of Hernandez. She lives in an apartment complex close to where Hernandez’s body was found. Nelly was last seen on November 13th. According to the police, the young girl isn’t considered a missing person, but a juvenile runaway.

The San Diego police recieved information that Nelly was with a family member in Northern Mexico She reportedly talked to her family, who live in San Diego, by phone. She told them that if they tried to look for her, then she would go deeper into Mexico.

Lt. Hastings said that Nelly could be with the sixteen year old runaway Janeth Mendoza. Janeth was last seen in October of this year. Both Tijuana and the San Diego police have put out missing persons fliers and are doing what they can to get to the bottom of this.

Lt. Hastings did not confirm if the investigating officers think that there is a link between Hernandez’s murder and Nelly Espinoza.

Hernandez recently transferred to the San Diego High School from High Tech High. Police have not released a possible motive in her killing. There has also been no arrests at this time. The police are actually keeping quite about the possible suspects as well. Them being minors, I’m sure this case will be hard to handle publicity wise. I’m sure they’ll keep the public and the families updated as new information come in.

Phoenix Manslaughter Lawyer

Manslaughter is defined as the unlawful killing of a human being without malice. The term malice is used in a highly technical sense and does not simply imply a feeling of anger.

Types of Manslaughter Defenses

Types of Manslaughter Cases in Phoenix

In the state of Arizona, you may be charged with involuntary manslaughter under two separate circumstances:

If you committed a crime (other than a felony) and unintentionally caused the

death of another person.

If you were engaged in a lawful act that might cause death and acted without

“due caution and circumspection.”

Manslaughter Conviction and Sentencing

Schedule a Free Consultation – Phoenix Manslaughter Lawyer

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

Tags homicide, Missing Teen, murder, stabbing

assault battery Personal Injury Spinal Cord Injury Traumatic Brain Injury Wrongful Death

Child Abuse in Phoenix

Post author By Scott
Post date October 14, 2016

Child Abuse at Home

Child abuse, to me is one of the saddest form of abuse. A child did not ask to be born into an unfit atmosphere. There’s always adoption if you didn’t want or care for a child. Why on earth would you want to harm him or her?

An injury to a child at their home is being investigated by the Phoenix Police Department. The police say that a young child was injured at an apartment complex. The complex was near 44th Street and Baseline Road. The child was hurt around 5:45 in the evening.

The police describe the injured child as a “small child”. The child had to be taken to the local hospital due to the injury. The following day, the child was still in critical condition.

Some detectives from the “Phoenix Police Department’s Crimes Against Children Unit” is going to be investigating the case.

Police say that the father told the officers that he (the father) had a medical episode. During his episode he ended up taking the baby down with him.

Police Wait to Hear About Child’s Medical Analyst

Phoenix Police Sergeant, Vince Lewis, said that a doctor will be able to determine whether the injury is plausible or if it truly was a freak accident and the child ended up getting the “worse end of the deal”.

Sergeant Lewis says that if the child’s condition changes then the nature of the investigation will also change. However, for the time being, the investigation is staying as an injured person case.

Poor baby, we hope he or she makes a full recovery soon.

Horrible Case of Child Abuse

Police sadly see abuse cases almost daily, so when they say it’s one of the worst one’s they’ve seen you know it’s bad. Prepare yourself for a sad investigation ahead.

According to reports the mother of a three year old little girl had entrusted her friend with the care of her little girl are now behind bars. They are accused of committing “egregious acts of child abuse”. According to the Mesa’s police chief it’s one of the worst one’s the Mesa department has ever had to investigate.

Police say that the child was found on a Monday in a Mesa area home. She was hidden away in a trash bag, her little hands and feet was bound with duct tape. Her mouth was also covered. The poor little girl was covered in feces, bruises, she was blistered and suffered from a rash. The little girl was nearly naked, wearing only a diaper and a shirt. The little girl could barley stand when the investigators found her.

The child’s mother, Mayra Solis and her friend, Francisco Javier Rios-Covarrubias were booked into jail on several charges. Seems like they should have harsher punishment for that horrible crime that they did. That poor defenseless baby did not deserve the torture they did to her.

Police Find Child in The WORST Conditions

The police said that the child was at the friends home. The child would actually stay there for days while Solis worked. The mother apparently works a lot, she told the police that she sometimes only saw her daughter one day out of the week.

Police found out that while the little girl was at the friend’s house, she would be there by herself for hours while Rios-Covvarrubias also worked.

Mesa Police Chief, John Meza says that the little girl is in the hospital at this time, she’s working on recovering. The last update he got was that she was in fair condition. The little girl couldn’t even stand as she was trying to talk to the investigators. Since she’s so young and her home life was so rough, the police do not know if the little girl couldn’t or wouldn’t talk to them during their investigation.

The police started their investigation when they recieved a phone call from a man saying that he saw a child bound and gagged with duct tape in a closet.

The man also told the police that he had met Rios-Coverrbias online and that the two had agreed to meet for sex. Apparently they were going to do the deed at her house. While he was there he noticed a bad odor in the house. He went to investigate and found the girl in the closet.

When he found the girl, Rios-Coverrubias allegedly asked him if he wanted to have sex with the child. The man got upset and left, however it must have not grossed him out too bad since he later came back and had consensual sex with Rios-Coverrubias. He thought the child had left though.

Luckily, he got a little smarter and called the police after his second time at the house. That is when the police arrived to the Rios-Coverrubias house.

Rios-Coverrubias apparently has no shame, he admitted to the police that he would bind the little girl with duct tape. He wanted to keep the poor child quiet just so he could have sex with other people.

He didn’t admit to sexually abusing the girl, however police say that during the medical exam they did find evidence of her being sexually assaulted.

Rios-Coverrubias was booked into jail on the charges of “sex trafficking, kidnapping, sexual conduct with a minor and child abuse”.

The mother was quite young at twenty-one years old. However she should know what going on. Solis would leave her child with that man for DAYS at a time. She knew he would leave her child alone for hours, apparently she didn’t care.

Solis is quite the example of what not to be as a mother. She would shave her daughter’s head to claim that she had cancer so that people would give her money. How sick is that?!

She was also booked into jail for child abuse charges.

The police say that neither adult in this situation had a previous record of child abuse.

Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445

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Tags child abuse, child assault, Child Neglect, domestic abuse

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Phoenix Police Officers Struggle with Brutality

Post author By Scott
Post date September 16, 2016

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

Tags phoenix police, Police, Police Brutality

Pedestrian Accident Personal Injury Wrongful Death

Teen Dies After Friday Shooting

Post author By Scott
Post date September 2, 2016

Teen Dies After Being Shot in a Friday Night Shooting

Friday night, tragedy struck for the family of a teenager who died after being killed in a shooting. The Maricopa County Sheriff’s Office said that the teen died due to being shot in the head.

Police say that two cars had been traveling in the 67 Ave & Broadway area when someone from one of the vehicles had fired into the other car. The end result, was the seventeen year old girl, dead. The teen’s friends drove her to a nearby Walmart which was near the 75th Avenue and Lower Buckeye Road so that they could hopefully get her some help.

Friends Take Shooting Victim Friend to Local Walmart for Help

Shootings happen anywhere at any time. It seems like a shooting could happen at a wedding or even a baby shower now days. You just never know when or what could cause a shooting.

According to the report, the Walmart was pretty busy at the time, according to the witnesses there were at least hundreds of shoppers inside. The managers of the Walmart started yelling that there was a shooting and everyone had to leave the store immediately.

Of course, shoppers went into a frenzy. Witness, Angie Vargas was shopping with her daughter at the time and says that people started to panic.

Angie’s Statement:

Someone said it’s a shooting and everyone started running. I grabbed my daughter and we didn’t know where to go. Kids were crying, running around looking for their moms and we’re like ‘go over there!’

Police say that the young girl had to be taken to the Phoenix Children’s Hospital. She was in pretty critical condition at the time, she sadly later died.

There is no information about the suspects in the shooting at this time. The name of the young girl who died, has not been released at this time.

Let’s hope that this family can find a way to heal after the devastating loss of a child.

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

Tags Driveby, shooting, Teenage Death

assault bank robbery battery felony Personal Injury Wrongful Death

Phoenix Robberies

Post author By Scott
Post date June 10, 2016

Overnight Phoenix Robberies

Crime rates are going up and people are being shot over nothing even more. Robberies are a daily occurrence. Police brutality is at an all time high and crime against police officers is always rising. This country is divided and Phoenix seems to never catch a break from the crime.

There were three people shot in two separate armed robberies. The robberies happened withing just moments of each other. This happened overnight in Phoenix. The police are saying that there were at least five other robberies in Phoenix in June. They believe that the same three suspects are behind all of these robberies.

According to the reports , the first robbery happened on a Wednesday and was located near 24th Street and McDowell Road at the 7-Eleven. The first robbery happened just before 1 o’clock in the morning. The Phoenix police officers arrived to the the robbery call and saw that a clerk had been shot in the leg. The Phoenix Police also say that the suspects left the scene in a newer, red, four door sedan vehicle. The car had light colored trim on the edge of the driver’s side.

Robberies Happen in Phoenix

According to the reports, around 1:15 a.m. on Wednesday the officers were called to the Circle K near 23rd Avenue and Thomas Road. The officers have stated that there was an armed man who robbed the Circle K and then shot the clerk and a customer. The customer, reportedly “exchanged gunfire” with the suspect.

The on scene investigators say that the clerk and customer suffered from non-life threatening injuries. According to the responding officers, the suspect jumped into a car that was waiting on him or her and sped away from the scene.

Police say five other robberies are also tied to the same group of men:

The first suspect is described as an African American man of an unknown age.
The second suspect is described as a Hispanic man in his early 20s who has black hair and was wearing a red bandana over his face.
The third suspect is described as a Caucasian or Hispanic man of an unknown age.

Seven robberies are being tied to all three men:

June 1, 9:37 p.m.: Subway (32nd Street and Thomas Road) – First suspect was armed with a machete.
June 6, 8:16 p.m.: Exxon (32nd Street and Van Buren Street) – Second suspect was armed with a silver handgun and ziptied employees.
June 17, 3:05 a.m.: Mobil (Indian School Road and Maryvale Parkway) – A suspect fired shots at the store clerk.
June 20, 8:48 p.m.: Panda Express (16th Street and Glendale Avenue) – First suspect fires a shot, points the gun at an employee and then flees in a gray truck.
June 20, 9:50 p.m.: 7-Eleven (67th Avenue and Camelback Road) – First suspect shows a weapon and points it at a store clerk.
June 22, 12:41 a.m.: 7-Eleven (24th Street and McDowell Road) – Second suspect shoots a store clerk in the leg before fleeing in a red 4-door vehicle.
June 22, 1:19 a.m.: Circle K (23rd Avenue and Thomas Road) – Second suspect shoots a store clerk in the arm. An armed customer inside the store shoots back, but was also struck in the leg.

Police are asking that if anyone has any information about the robberies to please call Silent Witness at (480) WITNESS or (480) TESTIGO. There is a reward being offered, $1,000.

Phoenix Police Investigating Robberies

The Phoenix Police are now investigating an armed confrontation at an Ahwatukee grocery store.

Sgt. Jonathan Howard stated that the officers were looking around the neighborhood near Chandler Boulevard and 44th Street for two men. They had threatened a man with a gun after stealing from the store.

Police swarmed the Safeway at 40th Street and Chandler Boulevard. Sgt. Howard said that the investigators were still trying to get detailed descriptions of suspects.

The police decided to close the Chandler Boulevard for the investigation to take place, the road was later re-opened.

The Phoenix police hope to have the surveillance video from the store very soon. Luckily there were no injuries reported and the store is remaining open for business.

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

Tags Armed Robbery, Phoenix Robbery, robbery