Not Guilty jury verdict in Aggravated Robbery case
Client was accused of being the getaway driver for two men who committed an early-morning robbery at gunpoint of two men outside a Dairy Queen restaurant in Austin.
At trial, the state only produced one of the two men to testify against client. This man had already plead guilty to the robbery and was bench warranted from prison to testify. He admitted to robbing the city worker and shooting him in the face. He also testified that the third robber chased a man at gunpoint who had been waiting for a bus at the bus stop.
The third robber did not testify, and the state only made what appeared to be pretty half-hearted efforts to find him.
In trial, through a vigorous cross-examination, Russ was able to highlight the fact that the only witness against client was a total dirtbag. When Russ attempted to interview him prior to trial he forcefully told Russ to f*** himself. This behavior did not impress the jury.
Additionally, there was a tall privacy fence that shielded client from being able to see the robbery occur. Finally, there was some evidence that suggested client may have been mentally challenged.
Jury found client "not guilty" and the State immediately dismissed the other pending robbery charges against client.
Post-script: the state found the third robber in Bastrop county and convinced him to cooperate. Now they have re-arrested client and charged him with other armed robberies they believe he was directly involved in. Client was unable to hire me to represent him on the new charges, but it appears that the case is much stronger now than it was when we tried our case.
Practice area(s): Criminal Defense
Court: 167th District Court