Judge Mitchell reviews the paperwork in silence.
“According to the arresting officer’s report,” Judge Mitchell exclaims, “it took multiple individuals to restrain Mr. Dover.”
“Yes, Your Honor,” my attorney replies. “During the altercation itself, but not after.”
Judge Mitchell strokes his mustache. “Mr. Dover, it states that you’ve had some formal training in boxing and martial arts? Is that correct?”
Here we go.
“Yes, Your Honor.”
The judge nods once.“Then it’s important the court considers the severity of force used during the altercation, given your documented training.”
My stomach knots deep in my belly.
The opposing counsel jumps in, his smug smile spreading across his pompous ass face. “Your Honor, in light of this new information regarding the defendant’s formalized training in martial arts, the State requests that the manner of force used during the altercation be considered excessive, and we ask the Court to recognize the defendant’s hands as deadly weapons for the purpose of charge evaluation and sentencing, and request that a charge of attempted murder be added.”
The judge leans back slightly, studying me.
My attorney immediately speaks. “Your Honor, I’d like to submit sworn statements from witnesses of the altercation that indicate that Mr. Dover’s actions were triggered by an apparent threat involving a third party. My client was simply defending a female friend who was being harassed by Mr. Rodriguez’s client, Mr. Underwood.”
Finally! The truth is coming out.
Judge Mitchell looks over the statements and nods, folding his hands in front of him.
“Upon presentation of this evidence, the Court does not find sufficient evidence at this time to sustain the charge of attempted murder.”
Relief almost knocks me over.
“But, Your Honor…” the DA challenges. “You can’t overlook Mr. Dover’s prior criminal history and formalized training in hand-to-hand combat. My client’s injuries were serious and wouldn’t have been as severe if the defendant hadn’t been trained in martial arts and boxing from a small age.”
Judge Mitchell holds up a cautious hand. “Mr. Rodriguez, while the defendant’s history of hand-to-hand training is more advanced than most people, and the injuries sustained by Mr. Underwood are unquestionably serious,” the judge goes on, “Your evidence doesn’t support the charge of attempted murder you bring before the court. Nothing was premeditated in my eyes.”
The district attorney’s jaw tightens, but he remains silent.
“However,” Judge Mitchell adds, his voice a bit firmer. “The Court requests further consideration of the charge of aggravated assault.”
My stomach bottoms out all over again.
My attorney rises carefully beside me. “Your Honor, the defense respectfully requests that the charge of aggravated assault be removed as well. While the evidence, includingall medical documentation submitted by the State, does show significant damage to Mr. Underwood, it does not support any evidence that Mr. Dover acted with lethal intent.” He pauses deliberately. “At most, the facts suggest that this was merely an altercation between two intoxicated individuals that got out of hand.”
The prosecutor immediately steps forward.
“Your Honor, the State strongly disagrees with the opposing council’s interpretation of the night’s events.”
Of course, he would.
“Mr. Dover reacted aggressively, the abuse was prolonged, and resulted in devastating physical trauma to my client. Regardless of whether the court declines to pursue attempted murder, the severity of the attack cannot be overlooked.” He adjusts the papers before him and then his tie before clearing his throat. “The State intends to proceed with the charges of aggravated assault and requests the charges of intent to maim and attempt to cause bodily injury be added as well.”
My lawyer doesn’t miss a beat.
“Your Honor, the defense argues that my client’s record reflects no history of prior physical altercations. There is no evidence of premeditation and Mr. Dover did not exhibit any indication that he reacted with homicidal intent. If the court wants to pursue enhanced charges, we request that the Court focus on the charge of intent to cause bodily injury rather than intent to maim or attempted murder.”
Judge Mitchell considers all the evidence carefully.
“As I said earlier, there is no evidence supporting any charges relating to attempted murder,” he says at last. “That charge has been dismissed.”
Dismissed? Maybe I’ll get out of this after all?
