Attorney Patrick Cotter returned to the in-person courtroom and left with not guilty verdicts on the most serious charges. Our Client engaged in a physical altercation that was captured on surveillance video at a Home Depot Store. The County Attorney charged our client with two felony counts of Terroristic Threats and Witness Tampering. The Complainant alleged that our Client threatened to kill him and threatened him not to testify in a future court hearing during their physical altercation.
The trial lasted a day and a half and the central issue was whether our Client made serious verbal threats in addition to the physical altercation. Attorney Patrick Cotter effectively pointed out the lack of evidence, the incomplete investigation, the charging decision, and the Complainant’s inconsistencies and motive for making such allegations. Attorney Patrick Cotter fought hard for his Client and convinced the judge to include the less severe charge of 5th Degree Assault. After deliberating for less than two hours, the 12-person jury came back with “Not Guilty” for both serious charges.
This case highlights the importance of holding the prosecution to their burden of proof on each an every charge. The government has enormous power to chose what charges to bring and often seek the most severe charge that they can. It is the job of the defense lawyer ensure that the charges actual fit the facts.
See Attorney Patrick Cotter’s Case Victories here.
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