22 de septiembre de 2017

CONDADO DE PIMA: Exige Michael Goodwin un nuevo juicio tras dejar invalido a un indocumentado

Michael Goodwin

Arivaca, AZ.- The attorney for an Arivaca man who shot and paralyzed an illegal immigrant in July wants the indictment against his client thrown out. Prosecutors took the case to a Pima County grand jury before he had an opportunity to give them information that might have cast a different light on the circumstances of the shooting, defense attorney A. Bates Butler argued in a filed motion. Michael Goodwin, 71, was indicted Aug. 14 on two counts of aggravated assault with a deadly weapon in connection with the July 31 shooting of Jose Hernandez, 32. 

 Butler is requesting his client’s indictment be dismissed and that a second grand jury be convened, all in the hopes the grand jurors will decline to issue a second indictment. In his motion, Butler said he was informed by the Pima County Attorney’s Office they would be presenting their case against his client the week of Aug. 14. He said he asked to be given until Aug. 15 to provide them information he wanted to present to the grand jurors on his client’s behalf. He also indicated his client wanted to testify. On Aug. 15, Butler said he notified the prosecutor’s office his client was in the hospital, but he gave prosecutors information to share with the grand jurors.

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Mr. Butler 

He later discovered his client had been indicted the day prior. Butler further alleges the prosecutor who presented the case provided “inadequate and inaccurate legal instructions” on such matters as burglary and justified use of force. Butler said he wanted the grand jurors to know that Goodwin is a Vietnam veteran who suffers from severe Post Traumatic Stress Syndrome and spends most of his time in bed as a result of osteoarthritis and degenerative disc disease. He also wanted them to be aware that because Goodwin has assisted law enforcement officers on numerous occasions, causing “bulk quantities of marijuana” to be seized, Goodwin’s life has been threatened numerous times and he continues to believe his life is in danger, Butler said. 

 The grand jurors should know Goodwin’s home is isolated, he can’t rely on law enforcement’s help and that it took more than an hour for help to arrive the night of the shooting, Butler said. On the night of July 31, Hernandez walked into Goodwin’s house through the kitchen door and past a “well-stocked” fridge toward Goodwin’s bedroom, Butler said. Goodwin confronted Hernandez in the living room near a table where Goodwin kept a 9mm semi-automatic pistol, Butler said. He saw something in Hernandez’s hand and thought it was that gun. Hernandez fled outside and Goodwin fired opposite from the direction he thought the intruder would be “to demonstrate to the burglar or those possibly with him that he was armed and that they should not return to victimize him,” Butler told the prosecutors.

 He further asked them to present evidence that the odds of Goodwin actually hitting Hernandez were extremely low given the distance, the fact the gun was a .38 Special revolver, a mesquite tree was in the path and it was night. The defense attorney also instructed the prosecutors to tell the grand jurors Hernandez was found lying in Goodwin’s fenced yard on top of a set of keys that had been in Goodwin’s truck that night. One of the keys was to Goodwin’s kitchen door, he said. 

 The Pima County Attorney’s Office has not responded to Butler’s motion, but a hearing on the matter is set for Oct. 9. At the time of Goodwin’s indictment, Tom Weaver, the Chief Criminal Deputy Pima County Attorney, declined to go into details of the case, but said his office believes the shooting was “unlawful and not justified.” Hernandez, a married father of three, was struck in the spine and is paralyzed from the waist down, said Tucson personal injury attorney Bill Risner, who represents him.