Last week, in the 36th District Court, criminal defense attorneys Dana Nessel and Chris Kessel secured a major victory for their client. Charges of armed robbery, felonious assault, and felony firearm, were all dismissed against our client. The charges were brought as a result of an altercation where 5 people were present; the complaining witness and the 4 defendants. The complaining witness claimed that he went to the home of one of the defendants, where all 4 men (including our client) were present. According to the testimony, the 4 men asked the complaining witness about some money the men believed the man owed them. Then, the conversation turned violent as three of he men engaged in a fight with the complaining witness. The key was that there was never any testimony that our client was involved in the physical fight. Eventually the men separated, at which point our client had a conversation with the complaining witness about the money he believed he was owed. However, at that point, one of the other three men pulled a gun and began shooting into the air.
All four men were charged with armed robbery, felonious assault, and felony firearm. At the preliminary exam, the attorney for the other defendants focused their attention primarily on the actions of the complaining witness. However, Dana Nessel and Chris Kessel had a different strategy; focusing on the actions of their client. Through extensive cross-examination of the complaining witness, Dana Nessel was able to establish that our client took no part in the actual fight, nor did he attempt to take any money from the complaining witness.