RECENT CASE RESULTS

Our firm recently represented a client on a controlled substance in the first degree and a felon in possession of a firearm case. Our client was caught in possession of a large amount of drugs, along with a handgun. Because of the quantity of drugs involved, along with his significant prior record, he was facing a mandatory minimum of 60 months (5 years) and a guideline sentence of 102 months (8.5 years) in State prison. After extensive negotiations with the prosecutor and a robust sentencing argument to the judge, we secured a dispositional departure to probation with only 180 days of local jail time, to be served on work release.

In February 2023 Brock and Ryan won a Not Guilty verdict in a Criminal Sexual Conduct jury trial in Meeker County, Minnesota. Our client was falsely accused a sexual abuse of a child. After a four-day trial the jury deliberated a less than 90 minutes before voting unanimously that he was Not Guilty.

In a recent white collar theft case, we represented a client accused of stealing over $1,000,000 from her employer. The case was very complex and contentious, with litigation lasting over three years. We were ultimately able to negotiate a resolution in which our client entered Alford plea, in which she did not admit any fault, and received a stay of adjudication, meaning she was not convicted of any crime.

Not Guilty by Reason of Mental Illness verdict in State of Minnesota v. Brady Zipoy, a 2^nd Degree murder case involving U.S. Marine veteran of the war in Syria, March 25, 2021.

Here are links to media stories on the Zipoy case:

https://www.thedailybeast.com/ex-marine-brady-zipoy-acquitted-of-killing-timothy-guion-after-mental-health-defense

https://www.startribune.com/mental-illness-defense-wins-acquittal-for-ex-marine-who-killed-shakopee-man-in-cold-blood/600038512/

https://www.twincities.com/2021/03/25/man-who-killed-shakopee-resident-found-not-guilty-by-reason-of-mental-illness/

https://www.swnewsmedia.com/shakopee_valley_news/news/family-of-ex-marine-acquitted-of-murder-speaks-out-on-mental-illness/article_a38213eb-2906-5e66-bcc2-95dfc8e0f1e1.html

N. J. Was charged with Third Degree DUI in Hennepin County after a blood test showed his blood alcohol content was .25, more than 3x the legal limit. First, criminal Defense Attorney Joshua London successfully petitioned the court to temporarily reinstate N.J.’s license. Later, at the criminal arraignment, Joshua was able to negotiate a plea deal in which N.J. would plead guilty to the reduced charge of Misdemeanor Fourth Degree DUI. N.J avoided jail time and was instead placed on unsupervised probation and ordered to attend a single DUI class. The Charge: 3rd Degree Driving Under the Influence (DUI) The Result: Charges reduced to Misdemeanor 4th Degree DUI

M.O. was accused of assaulting his wife in their St. Paul home. A military veteran and former Federal Agent, M.O. had extensive training in calming dangerous situations and disarming suspects. Brock and Ryan highlighted this training at trial and demonstrated that M.O. was merely defending himself when he took a knife from his wife. Although he was convicted of domestic assault by fear, the jury returned a Not Guilty verdict on the charge of physical domestic assault. The Charge: Domestic Assault by physical assault and fear The Result: Not Guilty of physical domestic assault, Guilty of domestic assault by fear

T.C. was arrested in Rochester, Minnesota in Olmsted County and charged with First Degree Assault. T.C. arrived in the Law Office of Brockton D. Hunter, P.A. hopeless and overwhelmed, feeling like the entire criminal justice system was stacked against him. Attorney Ryan Else reassured T.C. by helping him gain a clear understanding of the charges against him, his various options going forward, and a realistic assessment of likely potential outcomes. By putting constant pressure on state’s attorneys, Mr. Else negotiated a deal under which T.C. could avoid the presumptive statutory prison sentence of 116 months, instead serving only a maximum of 42 months. The Charge: Felony 1st Degree Assault; Presumptive 116 month prison sentence The Result: Client pleads guilty; must only serve maximum 42 month sentence

Brock’s client was suspected of driving under the influence of Vicodin. She was charged with DWI and her license was revoked under the Minnesota Implied Consent law. Brock presented evidence to the prosecuting attorney which showed that D.B. was prescribed Vicodin and had taken the medication as ordered. The prosecutor dropped all charges, but the Attorney General’s office refused to reinstate D,B.’s license. At an implied consent hearing, Brock argued that D.B. was not under the influence of Vicodin when she was arrested and that her arrest was the result of faulty police work. The judge agreed and ordered that D..s license revocation should be rescinded. The Charge: DWI & License Revocation The Result: All charges dropped & drivers license reinstated

Brock and Ryan’s client was charged with second degree assault with a deadly weapon after an altercation. When T.M. and a friend were threatened by a group of men, T.M. was lawfully carrying a concealed firearm. Brock & Ryan successfully argued before a jury that when T.M. showed his weapon to the men, he exerted reasonable force to repel the imminent threat of danger. The jury voted 11-1 in favor of a Not Guilty verdict, resulting in a hung jury. As a result, the prosecutor dismissed all charges against T.M. The Charge: Second Degree Assault The Result: 11-1 hung jury, charges dropped

Our client, NS, was rear ended while driving home. His blood alcohol content was measured at .12. Base on our research, we uncovered some legal violations that occured during the investigation. Due to the issues that were uncovered, the prosecutor was eager to make a deal and offered the significantly reduced charge of inattentive driving. No DWI willl appear on his record. The Charge: DWI 4th Degree, Hennepin County The Result: Reduced to conviction for inattentive driving

R.G. was falsely accused of 3rd Degree Sexual Assault by his daughter. Although she had a history of false allegations, the State was set on prosecuting the case. Eventually, the Ryan’s efforts paid off when the prosecutor dismissed the charges stating that she did not believe she could meet her burden. The Charge: 3rd Degree Ciminal Sexual Conduct The Result: All charges dismissed

V.M. came to the Law Office of Brockton D. Hunter charged with Gross Misdemeanor 3rd Degree Driving Under the Influence (DWI/DUI) in Washington County, Minnesota. After months of negotiations, it appeared trial was inevitable. Only minutes before the trial was scheduled to begin, the prosecutor approached attorney Joshua London with a significantly reduced plea offer. As a result, V.M. was not required to serve any jail time and avoided others serious consequences. The Charge: 3rd Degree Driving Under the Influence (DUI) The Result: Reduced to 4th Degree DUI, no jail time

Our client, AA, was charged with threatening his ex-wife. Although the evidence initially looked unfavorable to AA, he was not willing to plea to something he knew he did not do. Had he been convicted, he would have faced deportation to Somalia. Therefore, there was a lot riding on his case. Joshua London tried the case to a jury, of which 5 of 6 were women. In the end, the jury returned a verdict of not guilty within 10 minutes of the trial coming to a close. The Charge: Domestic Assault and Disorderly Conduct, Hennepin County The Result: Not Guilty of all charges at trial

G.N. wanted to attended medical school so he could work in a home for the mentally handicapped. However, as a child, he had a difficult childhood and a challenging relationship with his parents, which resulted convictions for assault and disorderly conduct. Based on his juvenile convictions, G.N. was repeatedly denied employment positions in the medical field. Petitioning the court for expungement, Ryan demonstrated that G.N. had overcome his previous difficulties to become a productive and peaceful adult. Ultimately, the court agreed, ordering the expungement of all G.N.’s juvenile and criminal records. The Charge: Expungement of all juvenile and criminal records The Result: All Records Expunged.

K.K. contacted us after he was arrested allegedly killing a local thug who had been tormenting him for months. Our client faced up to 40 years in prison. Although K.K. admitted to causing the victim’s death, he contended that his actions were necessary to defend himself. Brock and Ryan, working along side our firm’s private investigators, were able to unearth substantial evidence that verified K.K.’s story. On the eve of trial, after over a year since K.K.’s arrest, the prosecutor dropped all charges and K.K. walked free. The Charge: 2nd Degree Murder The Result: All charges dropped

L.C. was stopped by police in Ramsey County, Minnesota, and charged with 4th Degree Driving Under the Influence (DWI/DUI) after tests showed a Blood Alcohol Concentration of .11. Attorney Joshua London applied his experience working with the St. Paul City Attorney’s Office to successfully negotiate the reduction of the DWI charge down to Careless Driving. The Charge: 4th Degree Driving Under the Influence (DUI/DWI) The Result: Reduced to Careless Driving

In June and July 2022 we won two back-to-back high profile jury trials, involving the same client, Mustafa Shabazz, a kids wrestling coach, who was falsely accused of sexually touching two of his wrestlers and prosecuted in two separate counties.

Here is a links to stories about the two verdicts:

https://www.startribune.com/mustafa-shabazz-eden-prairie-wrestling-coach-found-not-guilty-of-two-sexual-assault-charges/600192400/?refresh=true

https://bringmethenews.com/minnesota-news/former-mn-wrestling-coach-acquitted-by-jury-in-2-sexual-assault-cases

https://www.athleticbusiness.com/operations/legal/article/15294508/minnesota-hs-wrestling-coach-acquitted-of-assault-charges

https://kstp.com/kstp-news/top-news/former-youth-wrestling-coach-not-guilty-of-sexual-assault-charge-in-scott-county-case/

In one of those cases, the State withheld key evidence, a Brady violation, which we uncovered on the eve of trial, resulting in a delay in that trial, a significant amount of additional litigation, and a subsequent scathing opinion from the judge.

Here are stories about the Brady violation:

https://minnesotareformer.com/2022/08/04/judge-says-scott-county-attorney-suppressed-evidence-in-wrestling-coach-sex-assault-case/

https://www.eplocalnews.org/2022/08/05/judge-says-scott-county-attorney-suppressed-evidence-in-wrestling-coach-sex-assault-case/

Stay of Adjudication Pursuant to Veterans Restorative Justice Act

FB, a veteran of the United States Marine Corp, was charged with second degree assault with a dangerous weapon, a felony that carries a three-year mandatory minimum sentence. FB wielded a knife during a fight with multiple men outside a bar. Upon review of the video evidence of the incident, the Firm asserted Rule 9 affirmative defenses of self-defense and defense of others on behalf of FB.

In January 2022 we wrapped up a major federal fraud case in the Northern District of Georgia (Atlanta), in which our client, Hunter Van Pelt, was charged with fraudulently obtaining over $7 million in COVID PPP loans, one of the largest COVID PPP loan fraud cases in the country, to-date. Our client faced over 11 years in federal prison, but were able to convince the judge to grant a significant downward departure from the presumptive sentence, ordering her to serve just three years and five months in a minimum security federal work camp.

Here are links to stories about Ms. VanPelt's case:

https://www.nytimes.com/2022/01/05/us/georgia-woman-covid-fraud-scheme.html

https://www.wsbradio.com/news/local/north-fulton-county/roswell-woman-sentenced-federal-prison-6m-ppp-loan-scam/YWQTGOVCV5FHHJ5BWFB5OQTJRE/

https://www.11alive.com/article/news/crime/roswell-woman-paycheck-protection-program-fraud-sentenced/85-0b145ddd-be00-4496-a87c-aa62b3332cb2

https://www.justice.gov/opa/pr/georgia-woman-sentenced-41-months-covid-19-fraud-scheme

M.R. stood at a gas station behind his car cleaning out his trunk. Suddenly, a drunk driver slammed into his vehicle, causing the trunk door to hit him in the face. Stunned, M.R. grabbed the gun he was lawfully carrying on his hip. As the other driver hit the gas and again drove directly at him, M.R. pulled the gun and fired. M.R. was convicted of 3 counts of terroristic threats and one count of second degree assault. After a successful appeal, he was retried, represented by the Law Office of Brockton D. Hunter, P.A. After a week-long trial the jury agreed that M.R.’s actions were justifiable under the circumstances and returned a Not Guilty verdict. Three years after he was originally charged, M.R. was a free man, exonerated of all charges. The Charge: Second Degree Assault with a Deadly Weapon The Result: Not Guilty Verdict

Accused of First Degree Assault in Hennepin County, Minnesota, M.W. understandably felt the odds were stacked against him and that his side of the story was being ignored. M.W. came to the Law Office of Brockton D. Hunter after frustrations with his previous attorney led him to find more effective representation to help fight his felony charge. Attorney Joshua London immediately began digging through the state’s evidence, contacting witnesses to testify in support of M.W., and formulating the strongest possible defense. Throughout the preparations, Joshua maintained regular communication with M.W. to listen to his concerns and keep him fully informed on the case’s progress Despite facing more than 12 years in prison, M.W. refused to plead guilty to a crime he did not commit. Mr. London stood by his client, attacking several aspects of the state’s case against M.W. On the morning of trial, the case was dismissed in its entirety. M.W. walked out of jail as a free man. The Charge: Felony First Degree Assault The Result: Charge dropped, case dismissed

Z.J. came to the Law Office of Brockton D. Hunter facing charges of Misdemeanor Theft in Hennepin County, Minnesota. Attorney Joshua London successfully negotiated with the prosecutor, resulting in a Continuance for Dismissal. Under this agreement, the charges against Z.J. will be completely dismissed after a year without any same or similar crimes. The Charge: Misdemeanor Theft The Result: Continuance resulting in full dismissal

In 2014 a young single mother arrived in the law office of Brockton D. Hunter, P.A. desperate to tell her side of the story in a contentious divorce proceeding against her ex-husband. She felt overwhelmed and outmatched, and was already mentally preparing herself for total defeat against her husband’s hired legal team. Attorney Ryan Else reassured the client that the dispute was far from over, and that her compelling case needed to be heard. Mr. Else totally immersed himself in the client’s case, gaining a full understanding of all aspects of the dispute to make the strongest possible arguments in court. As a result, Mr. Else was able to get the client full custody of her child, as well as helping her to recoup over $50,000 worth of pre-marital funds and assets.

D.H. was convicted of Fourth Degree Driving Under the Influence in 2012. After serving one year of probation and waiting the mandatory period of two years, D.H. hired criminal defense attorney Ryan Else over concerns about the stigma attached to his conviction and how it might harm his future employment prospects. Despite vehement opposition from the State, Mr. Else was able to tell D.H.’s side of the story in a compelling petition for expungement, resulting in successful expungement of D.H.’s conviction. The Charge: 4th Degree Driving Under the Influence in 2012 The Result: Conviction fully expunged from criminal record

As a young man, A.A. made a string of bad decisions that haunted him for years to come. With a Theft conviction on his record, A.A. faced considerable barriers to achieving his professional and personal potential. Attorney Joshua London assisted A.A. in petitioning Hennepin County courts to expunge (seal) the records of his conviction. After an emotional hearing, a Hennepin County Judge granted A.A.’s petition and ordered the destruction of any record related to A.A.’s conviction. The Conviction: Theft The Result: All Records Expunged

D.K. was stopped by police in Hennepin County, Minnesota, and charged with 4th Degree Driving Under the Influence after tests showed a Blood Alcohol Concentration of .11, exceeding the legal limit of .08. Attorney Joshua London leveraged weaknesses in the prosecution’s case to successfully get D.K.’s charge reduced to Careless Driving. The Charge: 4th Degree Driving Under the Influence (DUI) The Result: Reduced to Careless Driving; DUI charge dismissed.

A.H., a decorated veteran of the United States Army, approached Ryan for his expertise representing military veterans in criminal court. Unfortunately, as a young man, A.H. was involved in a domestic argument, which resulted in a conviction for Disorderly Conduct. After being honorably discharged, the conviction was causing trouble in A.H.’s professional life. Focusing the court’s attention on A.H.’s service and the positive changes in his life, Ryan was able to convince the court to order the expungement of A.H.’s criminal record. The Charge: Expungement of a Disorderly Conduct Conviction The Result: All Record Expunged

My client was accused of an assault he did not commit. It is not uncommon that we see toxic relationships resulting in unfair criminal accusations. Our team spent many hours working with D.P. to accumulate evidence that would prove his innocence. I met with the prosecutor and presented the evidence. When we concluded our meeting, the prosecutor agreed to dismiss the case.

Our client LM suffers from severe mental health disorders including Schizo-Affective Disorder. His delusions ultimately led him to commit a horrifying killing of someone he believed was involved in a conspiracy against him. He was also charged with attempting to kill the victim’s husband. Minnesota attorneys rarely decide to try cases to a jury in which they are arguing not guilty by reason of insanity because there is a mistaken view that someone who is acquitted for such a reason would instantly be released. Incredibly, after a 2 week trial in Mankato, Minnesota, Brock Hunter, Ryan Else, and Joshua London successfully argued that LM was Not Guilty By Reason of Mental Illness. This was a notable victory and was the first jury verdict of its kind in nearly 30 years in MN. The Charge: First Degree Murder and Attempted First Degree Murder The Result: Not Guilty of all charges by reason of mental illness

J.R. was stopped in Washington County, Minnesota, for suspected DUI. After his arrest, the state charged him with two counts of DUI (2nd and 3rd degree) as well as 5th degree drug possession for drugs allegedly found in his vehicle by police. Through careful analysis of the state’s evidence and ongoing negotiations with reluctant prosecutors, Attorney Ryan Else successfully negotiated a deal under which J.R. pled guilty to only 3rd degree DUI. The remaining charges were dropped, and J.R. was able to avoid serving any further time in state’s custody. The Charge: 2nd and 3rd Degree DUI; 5th Degree Drug Possession The Result: 5th Degree Felony Drug Possession and 2nd Degree Gross Misdemeanor DUI charges both dismissed, pled guilty to 3rd Degree DUI with no additional jail time served

After a new years eve celebration at a Downtown Minneapolis bar, a female patron was bounced when she became a little too aggressive towards the bouncer. The girl who was ousted looked astonishingly similar to L.M., who was also present at the bar. As a result, the bouncer and bar staff mistakenly fingered L.M. as the guilty party. Brock & Ryan showed the prosecutor side by side photos of the two girls, which ultimately led to all charges being dismissed. The Charge: Fifth Degree Assault The Result: All charges dropped

Our client, P.C. was convicted in the early 1990s for a felony offense which disqualified him from owning a firearm under Minnesota state and federal laws. Attorney Ryan Else petitioned the court to restore P.C.’s gun rights based a multitude of circumstances. The Court ultimately ordered P.C.’s gun rights to be completely restored over the objections of the prosecution.