OUR DISMISSALS

STATE V. H.A. (AGGRAVATED BATTERY WITH A DEADLY WEAPON)

The Defendant in this case was charged with Aggravated Battery with a Deadly Weapon. He was accused of hitting a co-worker in the head with a 12" steel wrench and punching him in the face several times. The victim sustained a large gash on his head and bruising on his face. He was taken to the emergency room for treatment. Our client is an expert at martial arts and the victim was overweight and helpless.

After turning down a plea offer from the Prosecutor that included a large jail term, we took this case to trial. At trial, the prosecution presented 4 witnesses that testified that our client struck the victim in the head with the 12" wrench and punched the victim in the face several times.

On cross-examination, Mr. O'Toole was able to bring out many inconsistencies with each witness' testimony. Moreover, we were able to demonstrate the bias in each witness' story by proving that the witnesses worked together.

Mr. O'Toole's closing statement was compelling and he was able to secure a NOT GUILTY verdict after two hours of jury deliberations! 

Following the criminal case victory, the victim then sued our client in civil court for pain and suffering.  Mr. O'Toole defended that case and was able to discredit the victim even further to show that the victim was trying to recover for past injuries and medical bills.  The judge awarded only the medical bills for the day the victim was injured and denied his claim for pain and suffering.