DOMESTIC VIOLENCE UNIT ASA LUCIE ROBINSON AND CO-CHAIR CHARLYNE TOPIOL PROCEED ON DOMESTIC VIOLENCE CHARGE AGGRAVATED ASSAULT WITH A FIREARM WITH A RECANTING VICTIM WHO DID NOT PROVIDE A SWORN STATEMENT AND GET A GUILTY AS CHARGED VERDICT WITH SPECIAL FINDING OF FIREARM DISCHARGE ON DV COUNT AND GUILTY AS CHARGED ON THE OTHER COUNTS AS WELL.
Facts of Case: LEOs in the area on an unrelated call hear gun shots and respond to apartment complex to investigate. Independent witness points out the shooter. LEOs see the Defendant who is on scene and give commands to the Defendant who jumps into a car and flees the scene. Spent shell casings are found and the DV victim has bullet holes in her car. The frantic DV victim runs to LEO and tells them the Defendant was trying to shoot her and provides the Defendant’s name. The DV victim who shares children with the Defendant recants at the scene and says it was actually not he Defendant and becomes uncooperative, refusing to provide a statement.
The independent witness describes the distinct facial tattoos of the Defendant (unfortunately the tattoo under the neck that reads “MURDER” is concealed). Lucie has the Defendant show his facial tattoos to the jury. The witness could not ID the Defendant but LEOs are able to identify the Defendant as the person that was pointed out and the same person that fled. No firearm is recovered. The independent witness and main officer testify as expected but the DV victim testifies that there was no shooting and she had not seen the Defendant in a while.
Lucie tells the jury that the Defendant is not the unluckiest man in the world, he is there because of the evidence. He did happen to be very unlucky as the jury came back guilty as charged with the special finding of discharge and guilty of RWOV. Bifurcated charge of possession of a firearm by a convicted felon also did not go well for the Defendant and jury found him guilty of that as well.
This Aggravated Assault with a Firearm was under the old statute and carries 20 year min-man.