Attorneys Brett Podolsky and Matt Sharp represented a defendant charged with the shooting death of an individual the defendant had been purchasing marijuana from. There were a number of witnesses who observed the shooter enter and exit the apartment, providing descriptions to the police. The one individual, inside the apartment, who witnessed the shooting identified our client as the shooter.
Gradoni & Associates Investigate The Matter
Investigators Jose Arreola and Keith Kucifer interviewed all of the State’s scene witnesses. None of the witnesses’ descriptions of the individual they observed believed to be the shooter matched the defendant.
The defendant also supplied us with the name of the woman he was with at the time the incident took place. The woman verified that the defendant was with her at the time of the shooting and could not have been involved. The defendant decided to take the case to trial, rejecting the State’s lengthy offer of jail time. During the trial it appeared that the prosecutor recognized that there was a poor chance of getting a conviction since the testimonies from the scene witnesses were not helpful.
The victim’s girlfriend told our Investigators that she thought the male inside the apartment was the actual shooter because he had been arguing with the victim who wanted to toss him out for not paying rent. The victim’s girlfriend agreed to testify regarding the conflict between the victim and the roommate/star witness. As the trial progressed the prosecutor offered the defendant a five year prison sentence in exchange for a guilty plea. Since the defendant had already been in jail for 4 years he decided not to roll the dice and risk life in prison, taking the deal.
Attorney Podolsky told me after the case was ended that he felt pretty certain that the defendant would have been acquitted, but his acceptance of the plea bargain was certainly understandable.
Result of Investigation: Defendant Accepts Deal, Time Served