Results
NOT GUILTY
Jury Acquitted client of Conspiracy to Commit Manslaughter
State of Arizona v. LE (the former Medical Director of a national "right-to-die" organization)
Client Charged with:
Conspiracy to Commit Manslaughter, a Class 2 Felony.
Manslaughter attorney David Kephart acted as local counsel for Dr. Egbert in the first prosecution of its kind in Arizona. The case was unique because never before had someone been prosecuted under Arizona's "aiding" suicide statute. After a year and a half of preparation and a month long trial, Dr. Egbert was rightfully acquitted of Conspiracy to Commit Manslaughter. The trial was filmed by PBS's documentary series, "Frontline," and was covered by various local and national media outlets.
NOT GUILTY
Jury Acquitted client of Aggravated Assault
State of Arizona v. MC (former world-champion and Olympic boxer)
client Charged with:
Aggravated Assault, a Class 4 Felony
The client was facing up to 3 years on probation or a prison sentence between 1 year up to 3 years and 9 months.
In what was considered one of the fastest jury verdicts in Maricopa County history, Aggravated Assault attorney David Kephart had a jury deliberate less than 8 minutes before finding his client NOT GUILTY of aggravated assault.
The client was accused of savagely attacking and beating an acquaintance after the acquaintance allegedly ruined a video cassette belonging to the client. We showed the jury that the attack as described by the alleged victim simply did not occur because the injuries were not consistent with an attack by the client and there was not any physical evidence of an attack aside from the victim’s broken nose. We also showed the jury that the victim was seeking money from our client both before and after the alleged incident.
NOT GUILTY
Jury found client Not Guilty of Super Extreme DUI, Extreme DUI, DUI, and DUI Impaired to the Slightest Degree. Judge found client Not Guilty of Assault and Criminal Damage.
State of Arizona v. S.G.
client Charged with:
Super Extreme DUI, a Class 1 Misdemeanor
Extreme DUI, a Class 1 Misdemeanor
DUI above .08, a Class 1 Misdemeanor
DUI Impaired to the Slightest Degree, a Class 1 Misdemeanor
Assault, a Class 1 Misdemeanor
Criminal Damage, a Class 1 Misdemeanor
Super Extreme DUI Lawyer David Kephart's client was facing a no less than 45 days in jail up to 6 months in jail.
After two days in trial, DUI Attorney David Kephart's client was found NOT GUILTY of all counts.
The client was accused of driving her car while having a blood alcohol level above .20, running into the back of a car, getting out of the car, assaulting the driver's girlfriend, and punching a dent in the side of the girlfriend's car. The State's case fell apart at trial as the three civilian witnesses statements were completely different than what they told the officer the night of this incident. During skillful cross-examination of the DUI Lawyer David Kephart showed brought out all of these inconsistencies and in closing arguments he proved that the civilian witnesses weren't just mistaken, they were lying.
NOT GUILTY
Jury Acquitted client of Misconduct Involving Weapons
State of Arizona v. M.M.
Client Charged with:
Misconduct Involving Weapons (Prohibited Possessor), a Class 4 Felony
Misconduct Involving Weapons Attorney David Kephart's client was facing a prison sentence between 2.25 years up to 7.5 years.
After two trials, one ending in a mistrial, Prohibit Possessor attorney David Kephart's client was found NOT GUILTY of Misconduct Involving Weapons.
The client was accused of selling a shotgun to two undercover Phoenix Police Detectives. The transaction was recorded on a hidden camera, but at the moment in time the client supposedly handled the gun, he was out of the cameras view. During cross-examination of the two detectives, attorney David Kephart showed the jury how many inconsistencies there were between their two stories. When a third detective testified, it was clear that the officers were being less than candid about what really happened during the undercover transaction. Added to this, was the fact that the gun was never fingerprinted to show attorney David Kephart's client actually handled the weapon, which his client vigorously disputed.
NOT GUILTY
Jury Acquitted client of Super Extreme DUI with a Prior Conviction
State of Arizona v. H.F.
Client charged with:
Super Extreme DUI, a Class 1 Misdemeanor,
Extreme DUI, Class 1 Misdemeanor,
DUI w/ BAC above .08, a Class 1 Misdemeanor,
DUI Impaired to the Slightest Degree, a Class 1 Misdemeanor.
DUI attorney David Kephart's client was facing a minimum mandatory sentence of 6 months in jail plus up to 5 years probation because his client had a prior DUI offense within the past 7 years. His client was found NOT GUILTY of all counts.
Super Extreme DUI attorney David Kephart's client was accused of wrecking his car at the top of a freeway exit. Phoenix Police responded to the scene and found attorney David Kephart's client slumped over the wheel of the vehicle and asleep. At trial, attorney David Kephart demonstrated to the jury that no one actually saw his client wreck his car, in fact, there was no damage to the car whatsoever. This left the prosecution with a big problem, they could not prove that the client was the driver, they could not prove the client drove within 2 hours of his blood sample being taken, and they could not prove that the car was "operable" as required for a conviction of being in "actual physical control." After an hour of deliberation, the jury acquitted DUI attorney David Kephart's client of all charges.