Attempted Murder – Shotgun
This case involved a young woman charged with attempted premeditated murder, which carries a life sentence.
Regarding the case’s background: The client’s 2-year-old daughter was taken from her by the courts and given temporarily to the father, her ex-boyfriend. The Family Court charged the client had been thwarting visitation. The father, who was from another state, was ordered to stay in San Diego pending the resolution of some of their child’s medical issues.
The prosecution charged that the mother rented a hotel room in the same hotel where the father was staying, and brought a loaded shotgun in a garment bag into the hotel room in the middle of the night.
Early the next morning, witnesses called the police and claimed the client was headed to the hotel to kill the father. When she was stopped by police, the client was found in her car next to the hotel. She had several shotgun shells in her jacket pocket.
The defense contended that she was not going back to the hotel with the intent to kill the boyfriend, but was trying to commit suicide by forcing the police officers to shoot her. The evidence showed she proceeded forward in the face of multiple police weapons pointed at her.
Bill Nimmo was able to negotiate a plea bargain. She was not sentenced to prison but was placed on probation with credit for the time she had served in county jail awaiting trial. In exchange for pleading to attempted murder, the client received the right to withdraw that plea in 3 years and instead plea to criminal threats. After probation, the client will be eligible to motion for a misdemeanor.