People v. DM

- The Defendant was charged with first-degree murder and 5 counts of Aggravated Battery with a firearm by shooting 5 people whom did not pose a threat and killing one alleged rival gang member, whom did pose a threat. The Defendant was called to a party with a firearm because of a fight involving his younger brother. After a physical altercation erupted, the Defendant shot and killed one person and wounded 5 others. Also, before Salvatore C. Miglore was retained the Defendant confessed. The Defendant argued self-defense, or a belief that his brother was about to be shot, upon the theory of “self defense of another person facing death or imminent serious bodily injury.” The victim having a broken gun, of which Defendant only saw after it was pointed at him, but did not know it was not an operable weapon. However, Salvatore C. Miglore, at the client’s request, was able to convince the prosecutors for a reduction to second degree murder with a sentencing range of 10 to 20 years at 50% time and 4 out of the 5 Aggravated Battery charges dropped. This was done after several pre-trial motions and hearings; plus a thorough forensic investigation by experts retained. The Defendant faced a minimum of 45 years to life in prison for first-degree murder, and 4 to 15 years, as consecutive sentences on each of the 5 aggravated batteries. However, because of the reduction and dismissals, he will be released on parole serving about 12 years total, for 2 counts out of 7 with one person dead and 5 people whom were bystanders were shot and injured.