Carr Gains Second Victory in Two Weeks, Helps Young Man Get His Life Back After Accident
/ANOTHER DIRECTED VERDICT GRANTED - client was a 19 year old charged with aggravated assault with a firearm. Was facing 25 years.
On the night of the incident, client was sitting in a car. A person opened the door and asked for a ride, and client moved a gun off the seat to let him in. He accidentally put his finger on the trigger when he moved it, and it went off - shot the individual one time in the chest. Horrible injuries. Will likely be in a wheelchair for the rest of his life.
But - all parties came to law enforcement and explained that the shooting was an accident. My client. The witness. The victim himself.
Our District Attorney’s Office still chose to present it to the Grand Jury as if a crime had been committed - that my client “purposefully and willfully and knowingly” shot the victim.
At trial yesterday, all individuals testified it was an accident. The victim himself testified it was a mistake, and my client didn’t mean to.
It was the first time in 15 years of practice I’ve never cross examined a victim in a criminal case that wasn’t a child.
Court found there was not enough evidence for the case to even be considered by a jury, and it was dismissed.
It’s the 4th directed verdict of my career in now 56 jury trials. It’s the second in two weeks.
My client lived for two years under a charge of a violent felony gun crime. He had a very hard time getting a job. Couldn’t pass a background check. Has just been sitting and waiting for his day in court. That day finally came.
This case should never have been in a criminal charge. It should have been a civil matter where the auto insurance policy or the homeowner’s insurance policy may have provided coverage to give this poor injured young man who was shot some $$.
Our prosecutors have incredible power. Your district attorney chooses what cases to present to a Grand Jury. Please serve. Ask questions. Question authority. It is their job to filter the good cases from the bad. But it is your job too.
Courthouses are public places. These are your tax dollars at work. Serve on juries. Come watch a criminal trial.