State v. T.S.

State v. T.S.

Client was arrested and charged with Second Degree Murder with a Firearm (carrying a 25 year to life minimum mandatory) and Possession of a Firearm by a Convicted Felon (carrying a separate three year minimum mandatory). Multiple witnesses had identified T.S. as being either the shooter or being in the area of the shooting. According to the first police officer on the scene, the victim, before succumbing to his fatal injuries, allegedly said client’s first name when asked who had shot him. James Boyle thoroughly investigated the allegations and the State’s witnesses, focusing on the witness’ biases and inconsistent statements and the lack of any physical evidence connecting T.S. to the shooting. During the jury trial, James Boyle was able to show the jury how the State’s witnesses were not reliable, how the investigation failed to consider other possible scenarios and perpetrators and how the lack of physical evidence created reasonable doubt as to T.S.’s guilt. After a four-day trial, it took the jury less than one hour to find T.S. not guilty of the Second Degree Murder. James Boyle then filed a Motion to Dismiss the firearm charge, arguing that the State, by continuing to prosecute T.S. for that offense after a not guilty verdict on the murder, was violating T.S.’s constitutional protections against Double Jeopardy. The trial court agreed and entered an order dismissing that charge “with prejudice” (meaning T.S. can never be prosecuted for the offense in the future).