Attempted murder, felony firearm, and reckless discharge of a firearm were just some of the charges that were dismissed after a preliminary exam held by defense attorney Chris Kessel, in the district court in the City of Taylor, Michigan. It was alleged that our client, JM, had used a shotgun to shoot his son in the arm, in an attempt to kill him. The allegations were supported by witness statements that claimed that the client had raised the weapon at his son, who was standing in a hallway in the family home, and fired a single shot, hitting him in the arm.
During the exam the prosecutor continually tried to elicit testimony to show the defendant had acted intentionally. The complaining witness (our client’s son) testified that there was a fight earlier in the day, which lead to a confrontation over the weapon that was later fired. The prosecutor went over where the two men were standing, the position of their hands on the firearm, and spent a considerable amount of time on the significant injuries that the complaining witness sustained.
Despite the allegations, the complaining witness, on cross examination, testified that he believed that the shooting was an accidental one. The judge appeared skeptical at first, but then attorney Chris Kessel, with the help of the witness, reinacted the shooting for the court. After the reenactment the judge told Chris Kessel that he found the demonstration most helpful…he then proceeded to dismiss all the charges. The prosecutor tried to get the judge to add additional misdemeanors to the charging document, but the judge refused.
Our client went from looking at a possible prison term of a minimum of over 10 years to being home for dinner that night.
If you or a friend or family member has been charged with any offense, make sure you have the best representation possible. Contact the attorneys at Nessel and Kessel Law today for a free consultation.