Law Office of Russell Babcock wins San Diego state robbery trial !
M.S. admitted from the beginning that robbed the cell phone. But he denied ever using a handgun during the robbery. The victim did not tell the 911 operator that a gun had been put in his face, but he told this to the jury during the three week trial last week in San Diego Superior Court in front of Judge Melinda Lasater. Even though the victim testified there was a gun put in his face and a witness believed he saw an object pointed at the victim, the jury found reasonable doubt regarding the gun use.
This was another great victory for the firm. Instead of facing a mandatory 12 years in jail M.S. is now facing a probable sentence of 2-3 years. M.S. risked a lot of extra time to proceed to jury trial and tell his story, but his story was well told with the skillful questions of the associate attorney in the law office and his devastating cross-examination of the victim. There were many tears in the courtroom when the verdict was read, but tears of happiness not sadness.
The office prepared this case as if it were a homicide. At the Law Offices of Russell S. Babcock we have more than thirty five years of combined experience in San Diego criminal defense, both state and federal. When you want to go to trial in a San Diego federal or state case, you cannot be in better hands.
In a recent post-script, Mr. Smith was sentenced to probation, not state prison. The government had requested a five year sentence. After a sentencing hearing of almost one hour Judge Melinda Lasater agreed that probation was appropriate. Mr. Smith is free. He did not have to serve fifteen years, what the goverhment wanted before the verdict, or five years, what they wanted after the verdict, but STRAIGHT PROBATION with credit for time served.