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Assault & Aggravated Assault

State of Wyoming v. J.S.--2015

Jurisdiction: Johnson County District Court

Charges: COUNT I- Aggravated Assault and Battery; COUNT II-Aggravated Assault and Battery; COUNT III- Attempted Voluntary Manslaughter; COUNT IV and V-Misdemeanor Child Endangerment

Defense: The Defendant along with his lifelong best friend and Defendant’s wife were drinking at a Buffalo, Wyoming tavern when the best friend and the Defendant’s wife left the bar to go check on the Defendant’s children. After a period of time, the Defendant became suspicious of the amount of time his best friend was gone and walked home to find his best friend and his wife in a compromising position. Defendant armed himself with a .357 magnum and entered the house where a physical altercation ensued and the handgun discharged twice. The best friend then left the residence and backed away from the house and drove off. The Defendant retrieved a .22-250 hunting rifle and shot into the vehicle possibly three times. Mr. Carter argued that while the Defendant’s conduct may have endangered his children, he did not intend to hurt nor kill the best friend. Mr. Carter specifically argued that the Defendant had the right to arm himself when he entered the house and no Aggravated Assault took place inside the house. Mr. Carter further argued that the shots into the best friend’s vehicle were not intended to injure or kill the Defendant’s best friend but rather to scare his best friend and Mr. Carter presented evidence that the Defendant was a rifle marksman and told law enforcement of the exact location that the Defendant was aiming and that the vehicle was struck. Mr. Carter played a snippet of “Give Me Three Steps"by Lynard Skynard during his closing argument.

Disposition: Acquitted at Jury Trial of all Felony counts.

State of Wyoming v. J.K.--2012

Jurisdiction: Campbell County District Court

Charges: Felony Interference with a Peace Officer

Defense: Defendant was accused of causing bodily injury to a law enforcement officer while the officer was engaged in the lawful performance of his duties. The Defendant was sharing a beer with his pals at a bar in Wright when 2 Campbell County Sheriff Deputies arrived to investigate a matter unrelated to the Defendant. The Deputy Sheriff aggressively questioned members of the public who were not involved in his investigation and had concluded his investigation when he decided to return inside the bar and argue with the Defendant. A fight ensued between the Defendant and the Deputy Sheriff and both were mildly injured in the Donnybrook. Mr. Carter argued to the jury that the Deputy Sheriff was not involved in the lawful performance of his duties as he had no reason to continue arguing with the Defendant and as such was nothing more than a private citizen wanting to tangle at a tavern.

Disposition: Acquitted at Jury Trial

State of Wyoming v. D.M.--2011

Jurisdiction: Campbell County District Court

Charges: Aggravated Assault

Defense: Mr. Carter argued that the injuries to the alleged victim were accidental and not the result of a physical attack.

Disposition: Acquitted at Jury Trial.

State of Wyoming v. Z.G.--2009

Jurisdiction: Campbell County Circuit Court

Charges: Reckless Endangerment

Defense: Defendant was alleged to have brandished a loaded firearm while in his home at an individual who was charged with trespass. Mr. Carter filed a Motion to Dismiss pursuant to the “Castle Law” which allows homeowners to protect their property. This motion is believed to be the first application in the State of Wyoming under the Castle Law.

Disposition: Dismissed. Motion to Dismiss granted.

State of Wyoming v. B.B.--2008

Jurisdiction: Campbell County District Court

Charges: Attempted Second Degree Murder and 2 Counts of Aggravated Assault

Defense: Self-defense. Mr. Carter argued that the alleged victim was the aggressor and that Defendant was justified in firing his 12-gauge shotgun at the vehicle which the alleged victim was driving in a threatening manner.

Disposition: Acquitted at Jury Trial.

State of Wyoming v. R.M.--2005

Jurisdiction: Platte County District Court

Charges: Aggravated Assault and Battery

Defense: Mr. Carter argued that the multiple stabbings of the alleged victim was reasonable in his self-defense when the alleged victim had struck Defendant with a beer bottle. The prosecution argued that Defendant had used excessive force for the nature of the attack.

Disposition: Acquitted at Jury Trial.

State of Wyoming v. J.J.--2005

Jurisdiction: Campbell County District Court

Charges: Aggravated Assault

Defense: Defendant was alleged to have tried to run over a neighbor with her SUV. Mr. Carter argued that Defendant did not drive in an aggressive manner and that the disgruntled neighbor possessed a motive to attempt to place Defendant in legal jeopardy.

Disposition: Acquitted at Jury Trial.

State of Wyoming v. J.H.--2004

Jurisdiction: Campbell County District Court

Charges: Felony Child Abuse

Defense: Mr. Carter presented expert testimony that the subdural hematoma suffered by the infant child was not the result of Defendant shaking the child. The prosecution presented expert testimony that the subdural hematoma had been caused by Defendant. Mr. Carter vigorously cross-examined the State’s expert as biased and that the investigation by law enforcement was incomplete.

Disposition: Acquitted at Jury Trial.

State of Wyoming v. M.C.--1999

Jurisdiction: Campbell County District Court

Charges: Aggravated Blackmail and Aggravated Assault

Defense: Mr. Carter argued that during a ruckus over Defendant attempting to regain his property that Defendant did not threaten the alleged victim with physical injury and that Defendant was acting in self-defense during a physical altercation.

Disposition: Acquitted at Jury Trial.

State of Wyoming v. C.R.--1994

Jurisdiction: Crook County District Court

Charges: Felony Interference with Peace Officer

Defense: Mr. Carter argued that the law enforcement officer who was injured in a scrap with Defendant was the aggressor and was the primary cause for his own injuries.

Disposition: Acquitted at Jury Trial.