Not Guilty Verdict in Simple Assault Trial Involving Firearms
The firm is pleased to announce that after a 2.5 day jury trial in October of 2019, the firm’s client was found not guilty of Simple Assault, Recklessly Endangering Another Person and Terroristic Threats.
In 2018, the firm’s client was confronted and threatened by a female who exited her vehicle and lifted her shirt, displaying a firearm on her waistband. In response, the client pulled his firearm out of his pocket and told the female to not touch her weapon. In speaking with police, the female denied having a weapon. The investigation conducted by law enforcement was highly troubling, as they failed to search the female’s vehicle, her purse, or the other occupant in the vehicle. Additionally, they listed the other vehicle occupant as a crime victim without even taking a statement from that individual.
Attorney Zuckerman conducted an investigation which was key in presenting the truth to the jury. Despite the victim’s denial that she had a gun in her possession, it was determined that she was a high-ranking member of a radical political organization that promotes gun ownership amongst its female members. During cross examination at trial, it was further revealed that the female had a valid license to carry firearms, something both the police and District Attorney’s office failed to investigate or disclose to the defense. The client also testified in his own defense and several character witnesses were called to testify about his reputation for being a peaceful, law abiding citizen.
Ultimately, the trial judge granted a Motion for Judgment of Acquittal as to the Recklessly Endangering Another Person charge, finding that there was insufficient evidence to submit the charge to the jury. For the other counts, the jury deliberated for approximately 25 minutes before rendering a not guilty verdict. It is rare that jury deliberations take less than an hour, but to this jury, it was clear that the client was innocent.
This case is a clear example of the dangers that occur when members of law enforcement fail to thoroughly investigate conflicting accounts of an incident before filing charges. This case also highlights the benefits of having an experienced Pittsburgh criminal defense attorney to investigate and defend against bogus accusations.