State v. Durbin
Mar 09, 2009OUTCOME: NOT GUILTY of ROBBERY FIREARM OR DEADLY WEAPON LESS THAN $; AGGRAVATED BATTERY GREAT BODILY HARM OR DEADLY:
Defendant meet victim were friends from school and sports. Defendant asserted that victim fronted him $200 dollars worth of drugs and that the confrontation began when he was confronted by the victim, ... punched in the jaw, and he defended himself. Victim claimed that defendant stuck a gun in his stomach, demanding his car keys and money. That the victim then punch the defendant in the jaw, grabbed his gun, threw the gun onto a staircase, began to fist fight the defendant, secured said gun, and tried to shoot the defendant twice. Gun failed to discharge. Victim then claimed to lay the gun down in order to allow the Defendant to pistol whip him, causing the laceration on his head, which was closed with 7 stitches. He now complains of seeing spots in his right eye. This unbelievable story was obviously not believed by the jury, who apparently felt that our version of events was far more credible. The defendant did a good job testifying, and the lack of any corroborating evidence, along with the victim’s own very inconsistent testimony, doomed the government.
