Huish Law Journal

Archive:   Attempted Murder.   

Mexican Mafia Defendant Acquitted of Attempted Murder, Extortion and Robbery.  

Posted:   Spring 2005





In what Orange County Criminal Defense Attorney Dyke Huish called a bitter sweet moment a local Mission Viejo man was acquitted on the serious charges of Attempted Murder with Premeditation and Deliberation but convicted of Attempted Voluntary Man Slaughter.  



"We knew that a crime had been commented, we just disagreed strongly about what the crime actually was.  The District Attorney's Office called it Attempted Murder, I said otherwise.  The Jury agreed with me.  I am grateful for a system that stops the government from getting to define everything."  said Defense Attorney Dyke Huish.



The Defendant had been charged with the shooting of a Santa Ana man during what appeared to either have been a robbery or a drug deal gone bad.  The Prosecution claimed that The Defendant was out collecting drug taxes on behalf of the Mexican Mafia, a California Prison Gang,  when the victim refused to pay.  The DA argued that the Defendant had been told that he would not be paid, the Defendant then pulled a gun and shot the man directly in the chest.  The shooting took place in front of six witnesess in a junk yard in Santa Ana. 



Huish told the jury that the Defendant was in fact at the lot but was there to find a man who had sold him drugs in the past.  While asking around for the dealer the six men confronted him in loud and angry voices.  The situation escalated when the Defendant found himself surround by men only known as "Chavo,"  ""Flaco" and "El Negro."    The victim threatened the Defendant who then pulled out a gun.  A struggle took place and the gun discharged hitting the man in the chest.  



After two weeks in trial and many heated arguments between Huish and the Deputy District Attorney the trial ended with a surprise witness that Huish claimed the DA had hid until the last minute of trial.  



The Jury deliberated for a full day before returning the verdict Huish had asked for on all counts. 



"My client was a straight forward man who knew that wrong had been done.  Just not the wrong the DA claims.  That's why the jury agreed with me.   They also knew that what happened was not an attempt to kill anyone but rather an attempt to get out of a situation gone bad."  





The Deputy DA argued for a life sentence which at first the Court seemed willing to give.  In an unusual turn Huish told the Court it could give the Defendant no more than 20 years.  And that the verdict did not allow for a sentence greater than that.  The DA argued differently but the Court ultimately agreed with Huish.



"I knew he could not get a life sentence the minute the Jury came back with the verdicts I asked for.  I also knew that no one else in the Court understood that was the case until they tried to sentence him to more."  Hush added.  "My client has a release date and will go home one day,  for that I am very glad."  

 







If you or someone you know has been accused or charged with an Attempted Murder please call the Law Office of Dyke Huish for a Free Consulation on potential resolutions to this serious felony charge.   Mr. Huish can be reached at 949-837-8600 or by email at huishlaw@mac.com.









Related Stories:



Orange County Criminal Attorney handling Attempted Murder or other Criminal Cases.  Santa Ana Defense Attorney Dyke Huish, Orange County Criminal Lawyer Dyke Huish, Orange County Criminal Defense.  Criminal Lawyer in Orange County that handles Felony charges.



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***The names, date and some minor details have been removed from the story to protect our clients privacy.

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