Outcome: Not guilty of gunpoint robbery following a jury trial. J.D. was facing a mandatory minimum 5-10 years of state incarceration for committing a violent crime with a firearm. Instead, he received no penalty following an acquittal on all charges.
Description: A white woman was robbed at gunpoint by a young black male. She immediately reported the crime, including a description of the perpetrator, to police. The victim identified J.D. approximately 30 minutes later after he was stopped by police for matching the description of the doer. Inside of J.D.’s car, which was seen driving away from the scene of the robbery moments after the crime, was a mace canister identified by the victim as having been taken in the robbery.Mr. Fishman created reasonable doubt in the minds of the jury by closely examining the victim’s ability to observe the perpetrator and questioning her cross-racial identification of J.D. when he was being held by police during his arrest. J.D. was facing a mandatory minimum of 5-10 years incarceration and likely would have received a much longer sentence if convicted.