In a September 2023 case before an Arizona court of appeals, the defendant appealed a jury’s finding that he was guilty of aggravated assault. The defendant was first charged after a security guard saw him attack a man on the sidewalk. The defendant pled not guilty, and he also filed a motion to dismiss, arguing that the officer involved in the investigation muted her body camera during a potentially critical part of her interview with the victim. The trial court denied the defendant’s motion to dismiss, and he appealed.
Facts of the Case
According to the opinion, a security guard for a local business was working the night shift when he noticed the defendant on the business’s property. Finding the defendant’s presence suspicious, the officer finished his shift and drove around to find the defendant. He ended up locating him at another individual’s workplace, and he immediately saw the defendant attack the individual on the sidewalk. The defendant used a knife to stab the individual’s neck and back, and the security guard immediately detained the defendant until police officers could arrive.
Later, investigators found a knife with DNA from both the defendant and the individual on the sidewalk. The State charged the defendant with aggravated assault, and he filed a motion to dismiss. The lower court denied that motion, and a jury found the defendant guilty as charged. The defendant promptly appealed the lower court’s denial of his motion to dismiss.