[J Miller]

Yes moderators this is gun related.

My stepson was shooting on my Aunts private property in Yavapai county AZ. The sherrifs showed up, confiscated his Ruger and then charged him with felony reckless endangerment. Something about an insufficient backstop. No warnings, just charged him. I don't know all the details, but he is asking me for names of lawyers.
I have none.
Do any of you Arizona TRF members know any gun law savy lawyers that might help him..
He lost his job a couple weeks ago and is probably flat broke.

Any and all help will be appreciated.

Thanks,

Joe Miller.

[rayra]

I'd advise him to photodocument the entire premises, and particularly the downrange area. And research all the applicable state laws regarding discharge of firearms on private property, particularly regarding Unincorporated County land, distance from habitable structures, etc.

and find out who the nimrod was that reported him as a hazard. And make a HUGE stink about the lack of any attempt to notify him prior to the LEO accosting him.

[Old Fuff]

Rayra is right. Also check with the Forest Service and/or Fish & Game Department and see if you can get a recent topographic map of the area. It will show the "lay of the land" and even the locations of buildings when the map was made. If there are new buildings they can be added to the map.

If this goes too court the deputy is going to have to show that an inhabited building or someone was indeed endangered. In general such a building (or whatever) should be visible from where the shooter was standing. If something obstructs this view it would probably also stop a bullet.

Also, an obvious question: How large is this aunt's property? That too can be laid out on the map.

After the deputy’s report is written a copy will go to the County Prosecutor. He or she will then have to decide if they want to proceed with the case. If your stepson is being charged with a felony he has the right to a state-appointed attorney, although a private attorney would probably be a good idea.

As soon as it is available your stepson should go to the Sheriff’s office and obtain his own copy of the deputy’s report because it will tell his side of the story, including who called in a complaint and what he alleged happened. What the Prosecutor decides to do will depend largely on what is in this report, because that’s what the state’s case will be based on. In turn, any defense should address the claims in the report.

A preliminary hearing or pre-trial conference will be held to determine if enough evidence exist to justify a full trial. If the circumstances are as you say, and you’ve gotten your ducks in a row, I don’t think that anything will go forward - if it’s gone this far.

Be aware that if the Prosecutor doesn’t have a strong case they will try to plea-bargain. Beware of this if you do have a case. A deal might get your stepson out of the present matter but leave him with a criminal record that wouldn’t just go away.

[Balog]

The Arizona statutes can be found at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

The criminal code is Title 13 found at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13

That should give you an idea of the applicable laws. I found these on www.packing.org . You might try posting this on their forum.

[Jim March]

Given enough data of the type described above (maps of area and aunt's property in particular) even a public defender should be able to do it if he's otherwise clean.

[J Miller]

Thanks for all the information and help. I have forwarded this all to my stepson, and he has told me they are already doing a lot of this. He also told me he has printed everything I've sent him.

I'll keep sending him any and all suggestions.

Thanks again,

Joe

[pytron]

Please let us know how it turns out.

[Double Naught Spy]

Something in the stepson's story does not make sense. There is no reason for the sheriff to just show up and arrest him like that. If the stepson was breaking the law, the sheriff obviously does not have to give a warning for a felony.

The maps in question being suggested from the Forest Service are actually USGS (US Geological Survey) Topographic maps. Even if they are 30 or 40 years out of date, they will show the basic lay of the land as land elevations generally don't change too much in non-tectonically active areas. Actually, they should not change at all with the exception of water erosion and fill. The maps will cost something like $10 each. I don't recall how much they are as it has been years since I purchased one. That will tell about the physical aspect of the land. Any sort of photo surveys of the area showing current roads, homes, and structures would be nice. There should be enough corresponding features between (even and old) USGS map and the modern photo to correllate locations fairly precisely.

If your stepson is unable to get the maps, you can get them from where you are by knowing where the property is and then buying the corresponding maps from the USGS. Remember, the area in question may require more than one map and not all maps are done to the same scale, so be care when comparing two maps side by side.

[AZLibertarian]

PM on the way.

[rayra]

"Be aware that if the Prosecutor doesn’t have a strong case they will try to plea-bargain. Beware of this if you do have a case. A deal might get your stepson out of the present matter but leave him with a criminal record that wouldn’t just go away."

Absolutely beware of this. Make sure your stepson learns all the applicable laws, better than those enforcing them. If his case is solidly defensible, FIGHT. IF the facts of the case are favorable, demonstrate to all involved the overwhelming nature of them, refute every possible argument (if possible), and show the Prosecution that they have a no-win case. Hope for common sense to prevail, but prepare in every other way to fight the case.
If you stepson really was shooting safely and legally, then he should clear, and certainly clear of the serious charges.

[TallPine]

What's the deal with Yavapai County? (Isn't that Prescott, etc?)

Is it no longer a part of Arizona ...?

[ksnecktieman]

No one asked yet. Was he guilty of reckless endangerment? What ruger was he shooting? Rifle or pistol, and caliber? Was he shooting over a road or in the direction of a house? How far is the nearest habitation, or business in the direction he was shooting?

I say,,, DO NOT PLEAD TO A LESSER OFFENSE, if they offer to reduce charges, they can not convict with what they have, but a plea to a misdemeanor goes on the prosecutors record as a conviction, a not guilty in court is bad on their record, and dropped charges never count at all.

[RustyHammer]

Might try contacting the NRA and the like to see if there are any pro bono lawyers in that area for such work.

Just a thought.

/Rusty

--> Was your stepson shooting a Ruger rifle or handgun? If shooting handgun and under 21, was he shooting along? Was he shooting close to road? Just curious.

[J Miller]

You guys are right, a lot of things about this do not make sence. And I do not have all the info. My Aunts property sits on about 10 acres or so and is pretty much on top of a hill. There are several washes on it and a road runs through it.
There are other properties in the area.
I don't know which direction he was shooting.
He was shooting a Ruger P95 9mm handgun.
Stepson is 29 years old, with no prior criminal history at all.

Also there is a history of animosity, vandalism, and animal killings against my Aunt by the neighbors.
The sheriff deputy that charged him is known to my Aunt, and is part of the neighborhood clique.

All I am sure of is, he was charged with felony reckless endangerment, but not arrested. His gun was confiscated, and he will have to appear in court.
And he asked my help.

I really appreciate all the suggestions and links. All have been forwarded to him.

As more info becomes available, I'll post it.

Thanks,

Joe

[J.BELLINO]

J. Miller
Mr. Miller, you can try the strategies and tactics portion of this web site and pm Denny Hansen who resides in Yavipi County and is also a retired Deputy(also edits SWAT magazine). He might be able to clarify some of the issues for you or recomend a lawyer.
Let me know how you make out.

[J Miller]

J.BELLINO,


Email sent to Denny Hansen. Thanks for the suggestion.

Joe

[rayra]

and again providing that the stepson's shooting was within all the legal guidelines, and considering the described involvement of the arresting officer with this ongoing neighborhood dispute, I'd advise your stepson to start researching 'malicious prosecution' and 'abuse under color of authority' statutes, as well. May have a real case in that regard, and if nothing else, adds more 'throw weight' on his side of the scales of (in)justice.

[Denny Hansen]

I don't make recomendations of attorneys. Tried once in a civil suit and when a good (former) friend lost his case he blamed me. Won't go there again.

I'm a former Yavapai deputy and have maintained contact with many of the guys there--most of them are very pro-RKBA. Frankly, something seems a little off kilter here. I learned early on that the truth is often three-sided: one leg is his story, one leg is her story, and the third is somewhere in between.

Like others have said here, get your ducks in a row in regards to photgraphing the area and any other documentation you feel might be needed.

Best of luck.

Denny

[rayra]

j miller, just sent you an email

[Pilgrim]

Some thoughts after reading all the posts.

Felony endangerment means someone, or at the minimum a inhabited dwelling, was threatened by careless use of the firearm to the point of criminal negligence. It would seem to me if your stepson would have spent some time in jail instead of just having his firearm taken and issued a citation. He was issued a citation with a court date wasn't he?

In my experience, going to the sheriff's office to obtain a copy of the report will end up with you getting a heavily redacted report with things missing like the reporting party's name, and all the other pertinent documents like evidence lists, etc. Wait until the arraignment. Your stepson will get a complete report as part of discovery. Normally that is given to his attorney, but if he shows up without one he will get the discovery so he can go shopping for an attorney. Insist on getting the discovery. In California he would normally get 7-10 days to get an attorney after arraignment.

One of the things that stands out is the deputy's assessment there was insufficient backstop to be shooting where he was. The deputy did not say bullets were landing in the vicinity of a victim or striking the victim's house. The deputy has rendered an opinion about the sufficiency of the backstop. Rather than take the stance of proving the backstop was sufficient, let the prosecuting attorney go through the trouble of qualifying the deputy as an expert on range safety, backstop design, the lethality of bullets at extended ranges, what elevation a handgun has to be fired for the bullets to impact a quarter or half mile away. If all this is an issue in the prosecution, quietly prepare a defense for every possible claim the deputy makes in court. Example: The deputy claims your bullets were hitting around the victim's house a half mile away, ask if he knows what elevation in degrees a 9mm handgun has to be raised to carry that far. Of course, know the answer.

One thing to remember. A prosecuting attorney with a weak case will try to plea bargain. He will count on your stepson's fear and inexperience in these matters. If your stepson is not a good poker player, he had better have an attorney who is. Accepting a misdemeanor plea for careless use of a firearm may affect his ability to buy or possess firearms for some definite period of time. California prohibits possession of firearms for convictions for certain violent misdemeanors for ten years. Also, a guilty plea for a misdemeanor will certainly include probation that will limit or prohibit your stepson from possessing firearms. Research this very carefully before accepting a plea bargain.

The prosecuting attorney may offer to dismiss the case if your stepson stipulates that the deputy had probable cause to arrest. If your stepson agrees to that, he gives up all claims for damages and compensation for attorney's fees.

If your stepson does get a dismissal, make sure the court orders the sheriff to give his pistol back to him. I have seen instances where this does not happen and the sheriff gets really petty, saying he won't return the firearm without a court order. That just wastes your stepson's time and will inevitably cost more in attorney's fees to draft a motion for said court order.

Good luck.

[Open Carry]

13-1201. Endangerment; classification

A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.


Was there a victim here? It appears to be a required element. Also, he may wish to consider a misdemeanor plea if money is an issue. In any case, Mark Victor has a reputation as a very pro-gun attorney. You can contact him here - Victor and Hall (http://www.victorandhall.com/profile_mjv.asp)

[Bill Hook]

The deputy claims your bullets were hitting around the victim's house a half mile away

Do they have any of these bullets and have they tested them for ballistics w/ the confiscated firearm? If not, how do they know who was shooting, or what the weapon was? It may have been another person 1+ miles away w/ a rifle, for the sake of argument. There might be a bullet hole in the neighbor's house, but he could've been drunk and done it himself, then point to it and conveniently call it "proof." I'm almost worried the deputy used the gun to create "evidence" where none existed before on the trip to the property room.

Impeach deputy Barney's credibility, since he has a history of being partial to one of the sides in this neighbors' dispute

[BamBam]

Wow, I'm not involved in this but am really impressed with those of you that are helping a fellow Highroader.
You are saving his stepson a lot of time, legwork, resourses and worry.

Thanks for helping someone unfamilliar with our complex and intimidating legal system,
BamBam

[LoneStranger]

Impeach deputy Barney's credibility

This should always be a given activity since the OJ trial showed that "Experts?" have an amazing ability to not be what they are billed to be.

Also it really does not take that much effort to become just knowledgeable enough to allow you to force "Experts?" to change what they say.

[Old Fuff]

"Pilgrim's" post brings up another interesting question. Was the stepson shooting his Ruger handgun at targets on the ground (such as tin cans) or something more elevated? This should be documented with a camera if possible. If he was shooting up in the air the bullets could, and probably would carry much further then if he was shooting toward the ground. Could a bullet ricochet? Sure, but much of its force would be spent.

Also, if "stepson" has any of the ammunition left that he was shooting set it aside and save it. If all of it was confiscated with the gun his attorney (whoever it is) should demand access to it. Why? Because if the deputy is dishonest (which is always possible) he might substitute a bullet(s) picked up somewhere else and claim they were found by a house or whatever. If those bullets prove to be different then the ones held in evidence the State's case will go up in smoke.

Remember, this case is probably not very important so far as the prosecutor is concerned. They won't spend much time investigating it. The same might be said about the defense attorney. So, do your own legwork and collect your own exhibits - maps, photos, ammunition, etc. If you don't it probably won't get done. If you do and "make you're case" the prosecutor is much more likely to drop it.

Also, expect the Prosecutor to offer to drop felony charges in exchange for a guilty plea on a misdemeanor. If you have developed a good case don't go for it. I suspect this is why the deputy charged him with a felony in the first place. If he really thought that "stepson" had commited a felony he should have arrested him, taken him in, and booked him. At a trial he might have a hard time explaining why he didn't.

[J Miller]

UPDATE

I just recieved some good news from AZ yesterday. It seems my Aunt called her son and told him what happend. He is co-owner of the property that my step-son was shooting on.
After hearing what happened, my cousin went straight to the Sheriffs office and filed a formal complaint.
Then the next day my stepson gets a call from the Sheriff saying all charges are being dropped and he can come in pick up his gun.
My Aunt told me that my cousins father in law has an attourney friend that is looking into the situation.

They told me that one of the NRA friendly attorneys that was recomended was no help at all. His suggestion was to plea to a lesser charge.

I don't have all the details, and I'm not sure I ever will. But at least my stepsons out of trouble.

Thanks again for all the help and suggestions.

J

[Old Fuff]

All's well the ends well .....

But be sure he has it in writing that the charges were dropped. He should be able to obtain something from the Prosecutor’s Office.

Also carefully examine the pistol to be sure it wasn’t damaged. Sometimes they tend to just throw confiscated firearms around.

[J.BELLINO]

Glad to hear that everything worked out ok.

[Pilgrim]

They told me that one of the NRA friendly attorneys that was recomended was no help at all. His suggestion was to plea to a lesser charge.
That's the kind of advice a client gets when he says he doesn't have any money. :(

Pilgrim

[rayra]

After hearing what happened, my cousin went straight to the Sheriffs office and filed a formal complaint.
Then the next day my stepson gets a call from the Sheriff saying all charges are being dropped and he can come in pick up his gun. Shazam! (yes, I really typed that :))

Excellent news. I would however continue documenting the entire incident - names places, poeple, the LEO, EVERYTHING - and add it to the whole pattern of the apparent harassment that is going on.

I'd also continue reviewing the 'malicious prosecution' and 'abuse under color of authority' issues. Find out what the formal procedures are for 'serving notice' to the supervisory personnel of the district that such harassment is occurring, documented, unwarranted, unwelcome and will be met with civil suit if repeated.

[Pilgrim]

Then the next day my stepson gets a call from the Sheriff saying all charges are being dropped and he can come in pick up his gun.
It would be interesting to pursue this and see how far it got in the District Attorney's office. It might be worth your stepson's time to get a letter from the District Attorney saying that no charges were filed should he ever apply for a job that asks if he was ever arrested. If the District Attorney's response is "What arrest?", then you will know where the arrest report stopped.

I think it would be in your stepson's best interests to have either a letter that says no charges were filed, or there was no arrest.

Pilgrim

[carpettbaggerr]

Make sure you follow up on the complaint. A charge of felony endangerment and confiscation of the firearm with no arrest just doesn't sound right. Especially if the Deputy has a grudge against your Aunt. A lawsuit may be indicated, I'd definitely consult a lawyer.

[p35]

I'm a little late on this, but for future reference:

Microsoft runs a site called the Terraserver that allows you to get pictures of most of the world shot from satellites. You can zoom in and out to about 1 meter of resolution. I've used it to create exhibits for court, and it could be useful in a situation like this to, say, show exactly where the other houses were in relation to where the shooter was.