Commowealth v. D.J.

The Commonwealth had charged D.J. with two-counts of Aggravated Assault, one a Felony of the First degree and the second a felony of the second degree, and possessing a firearm. According to witness statements D.J. possessed the gun and inflicted injuries to both complainants with the firearm. Despite testimony from a complainant that D.J. had pointed a gun and hit both complainants with the gun the Court disagreed and found D.J not guilty of both aggravated assaults. D.J.
was facing significant state incarceration if convicted on the felony assaults. During trial Mr. Montoya challenged the complainant’s credibility through his keen cross examination skills that revealed various contradictions made by the complainant. After the court heard all evidence it agreed with Mr. Montoya’s arguments and D.J. was exonerated of the serious charges.