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Bill Nimmo - Stabbing Death at Dinner Party
Not Guilty of Murder - Jury Hung on All Lesser
The client was a young man who was married to an attractive woman. They
went to a dinner party at his brother and sister in laws house. It was
supposed to be just the four of them. The brother had invited a couple
of guys that he had known since high school. It was going to be a nice
reunion and a nice evening. The two guys brought along a third. All three
were related to each other by marriages. The third guy was a bit macho
and kept paying attention to the client's wife and was rude to my
client. By the end of the evening the men were all pretty drunk and my
client finally had enough of the man's behavior. My client told the
man to leave.
Both men had a lot of macho in them and this resulted in some bad feelings.
The man walked out the door and right in front of everyone urinated on
the side of the house. My client had had enough. He walked out the door
and the man turned towards him aggressively. At this point the client
walked back in the house and the man said something to the client that
translated to my client being a coward. After going inside briefly, my
client started to go back outside. He had a pocketknife in his jacket
pocket and decided to go out and brandish the weapon to make the man leave.
The witnesses differed on what happened next but the man was stabbed in
the neck and after staggering around the yard collapsed dead on the grass.
My client fled to Mexico and was apprehended after 2 years. The prosecution's
theory was that when my client went back outside with the knife he intended
to stab the man. They said it was first degree premeditated murder. The
client said that what happened is that when he pulled the knife, he held
it out in front of him and started to tell the man to get out of the area.
He said that before he could get the words out of his mouth, the man charged
him and tried to tackle him. The client said he couldn't get the knife
out of the way and the man ran right into the knife severing his jugular
vein. He said he was actually afraid of the man and that it was an accident.
The jury found the defendant not guilty of first degree murder, not guilty
of second degree murder and they hung equally between voluntary manslaughter
and involuntary manslaughter. After the trial a plea bargain was reached
and the client pled to voluntary manslaughter with a 4 year sentence.
He was very lucky that he had a good jury.
Bill Nimmo - Rape - Accusation of a Female Sailor Against a Shipmate
In this case, the defendant was a male sailor accused of raping a female
sailor in his unit.
The defendant stated that he and the alleged victim were involved in an
affair prior to departing on a WestPac cruise. The defendant’s wife
had moved home, leaving him living alone in their apartment. The alleged
victim then came over to spend the night with the defendant shortly after
the wife left. Early that morning, around 5:00 a.m., the alleged victim
ran to the nearest 24-hour mini-mart and claimed she had been raped.
The prosecution used the sexual assault nurse to testify that a rape exam
showed vaginal injuries consistent with sexual assault. Further bolstering
the prosecution’s case, the nurse stated that examination showed
the alleged victim’s underpants were ripped and torn.
However, intense cross-examination by the defense illustrated to the jury
that the alleged victim was in fact a liar. Mr. Nimmo was also able to
clearly illustrate that the sexual assault response team nurse was wrong
on virtually all counts. She was either extremely biased or extremely
incompetent on basic medical principles.
With the help of strong courtroom presence and strategy by the defense,
the jury found the defendant not guilt of rape.
Bill Nimmo - Domestic Violence - Rape - Assault with Great Bodily Injury
Defendant Pled to Reduced Charge and 1 Year Jail
In this particular rape case, the defendant was accused by his former girlfriend
of holding her down and beating her severely while raping her. She also
claimed he beat her in the vaginal area. If convicted of rape and assault,
the defendant, with his criminal record would have faced several years
in state prison.
After the alleged incident, the defendant dropped the woman off at a friend's
house. The woman immediately made a full report to police. A police examination
showed the alleged victim had over 50 bruises, including bruises around
her vaginal area.
Turning the tables, the defense established that the alleged victim had
several motives for lying about the beating and rape. First, the defense
illustrated that it was an attempt to pay the defendant back for breaking
up with her and evicting her from his apartment. Furthermore, the defense
demonstrated that the girl received drugs from the defendant, and that
she was more upset about being deprived of her drug supply than anything else.
Mr. Nimmo also showed that the accuser had a blood condition which made
her bruise at the slightest touching, and that the "50″ bruises
were actually from different time periods, rather than from the night
of the alleged incident.
The defense struck a deal of the very eve of trial and the defendant pled
to assault and received a year in county jail.
Bill Nimmo - Child Molestation
The defendant was a young adult who was accused of orally copulating his
14-year-old niece, constituting possible child molestation and incest
charges. If sentenced, the defendant would face many years in prison and
would be listed as a sex offender for life.
Our firm got involved during the investigation phase. A case like this,
involving a minor, would require a deft but firm touch from the defense.
The prosecution was able to produce and present letters from the alleged
victim in which she talked about the pleasure she derived from the alleged
event. However, Bill Nimmo was able to show that the defendant was in
the middle of a heated custody battle with his wife, and that the niece
may have been making false accusations.
Because of the evidence that the defense produced, the District Attorney’s
office declined to prosecute.
Bill Nimmo - Three Strikes
The defendant in this case was in a dire situation. With two attempted
murder convictions, for which he had served over 11 years in prison, he
already had two strikes on his record.
When he was released from prison, he began attending San Diego State University.
During his senior year, police came to his apartment responding to a dispute
he was having with his neighbors. An altercation ensued, where he was
pepper sprayed and taken to the ground by two officers. He was arrested
and charged with felony resisting arrest-his third strike.
With a twice-convicted felon as the defendant, this was going to be a tough
case. However, the defense carefully picked apart the prosecution’s
evidence. Utilizing the audiotape of the 911 call, the defense proved
that the officers did not tell the truth about the confrontation and successfully
convinced the jury of the defendant’s innocence. The jury found
him not guilty.
Bill Nimmo - Attempted Murder – Shotgun
Plea Negotiated for Probation etc.
This case involved a young woman charged with attempted premeditated murder,
which carries a life sentence.
Regarding the case’s background: The client’s 2-year-old daughter
was taken from her by the courts and given temporarily to the father,
her ex-boyfriend. The Family Court charged the client had been thwarting
visitation. The father, who was from another state, was ordered to stay
in San Diego pending the resolution of some of their child’s medical issues.
The prosecution charged that the mother rented a hotel room in the same
hotel where the father was staying, and brought a loaded shotgun in a
garment bag into the hotel room in the middle of the night.
Early the next morning, witnesses called the police and claimed the client
was headed to the hotel to kill the father. When she was stopped by police,
the client was found in her car next to the hotel. She had several shotgun
shells in her jacket pocket.
The defense contended that she was not going back to the hotel with the
intent to kill the boyfriend, but was trying to commit suicide by forcing
the police officers to shoot her. The evidence showed she proceeded forward
in the face of multiple police weapons pointed at her.
Bill Nimmo was able to negotiate a plea bargain. She was not sentenced
to prison but was placed on probation with credit for the time she had
served in county jail awaiting trial. In exchange for pleading to attempted
murder, the client received the right to withdraw that plea in 3 years
and instead plea to criminal threats. After probation, the client will
be eligible to motion for a misdemeanor.
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