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Saturday, 30 January 2016 13:49

Not Guilty Verdict in Aggravated Assault Trial

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Our client was accused of a violent assault of a woman, which allegedly resulted in her arm and hand being broken in 13 different places. The Obear team went to work to investigate the background and history of the complaining witness, and also interviewed all of the tenants in the apartment building where the assault was said to have happened.

Kirk uncovered evidence that the witness had not sought medical attention for several days after the incident and was arrested for public intoxication and possession of narcotics in between the time that she said the assault occurred and when she reported it. Numerous witnesses from the apartment building were called to the stand by the defense, all of whom indicated that they heard nothing unusual during the night in question. When it became apparent to the prosecutor that his case was going downhill, he offered to amend the felony down to several misdemeanors. Kirk rejected that offer. Later in the trial, the prosecutor even offered to amend the case down to an ordinance violation with only a fine. Kirk rejected that offer as well. The jury deliberated for 4 hours and came back with Not Guilty verdicts on all counts. Our client was originally facing over 80 years in prison if convicted. He walked out of the courtroom a free man with no conviction whatsoever.

Birdsall Obear & Associates LLC

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