State v. Abdullahi Noor A Case Study Starts with 911 call September 7 & 8, 2017 Page 1 of 13
Charges Assault in the 4 th Degree Domestic Violence Intentional touching that is harmful or offensive Injury is not necessary Harassment Threaten to harm; Reasonable fear that the threat to kill would be carried out September 7 & 8, 2017 Page 2 of 13
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Charges in Superior Court Assault 4 DV Violation of No Contact Order (2 counts) Felony Harassment Threat to kill Stalking Stalking Harassed or repeatedly followed Victim reasonably feared the defendant Knew or should have known victim would be afraid, intimidated, harassed Either: Violation of protection order; OR Retaliating against witness September 7 & 8, 2017 Page 4 of 13
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CrR 3.2(L)(1) Upon the court's own motion or a verified application by the prosecuting attorney alleging with specificity that an accused has willfully violated a condition of the accused's release, a court shall order the accused to appear for immediate hearing or issue a warrant directing the arrest of the accused for immediate hearing for reconsideration of conditions of release. September 7 & 8, 2017 Page 7 of 13
Charges in Superior Court (pt 2) Assault 4 DV Violation of a No Contact Order (3 counts) Felony Harassment Stalking Intimidating a Witness DV September 7 & 8, 2017 Page 8 of 13
Intimidating a Witness By use of a threat against a current or prospective witness attempted to influence that person s testimony; or induce that person to absent herself from an official proceeding; or induce that person not to give truthful or complete information relevant to a criminal investigation; or induce that person not to have the crime prosecuted September 7 & 8, 2017 Page 9 of 13
Charges in Superior Court (pt 3) Assault 4 DV Violation of a No Contact Order (3 counts) Felony Harassment Stalking Intimidating a Witness DV Rape of a Child 3 Rape 2 Rape of a Child in the 3 rd Degree Between May 30, 2014, and September 22, 2014, the defendant had sexual intercourse with S.K.; S.K. was at least fourteen years old but was less than sixteen years old Not married to the defendant; S.K. was at least forty eight months younger than the defendant; and September 7 & 8, 2017 Page 10 of 13
Rape in the Second Degree Between May 30, 2014, and August 6, 2015, the defendant engaged in sexual intercourse with S.K.; and Sexual intercourse occurred by forcible compulsion September 7 & 8, 2017 Page 11 of 13
Verdicts Assault 4 DV: Guilty Violation of Court Order: Guilty Violation of Court Order: Guilty Fel Harassment: Guilty Misdemeanor Harassment Felony Stalking: Not Guilty Fel Harassment DV: Guilty Misdemeanor Harassment Intimidating DV: Guilty Violation of a Court Order: Guilty Rape of a Child 3 DV: Not Guilty Rape 2 DV: Guilty September 7 & 8, 2017 Page 12 of 13
Sentencing Defendant: Judge, I m going to tell you something. I never I never did that. I never did any of this. I never I never did any of this. I never I never used her I never used her as a wife. I never used her as a wife. It it s I m her uncle. I m going to tell you now, I m her uncle. I never used her I never used her as as wife. September 7 & 8, 2017 Page 13 of 13