journal-膛线
LEGAL OFFICE MEMO
–
EXAMPLE
TO: Chief Prosecuting
Attorney
FROM: Anne Onimus
DATE: August 21, 2007
RE: Charging Joseph Haney with
Commission of Armed Robbery
Question Presented
Did Joseph
Haney effectively simulate a deadly weapon and
create a
life-threatening
environment, sufficient
to
satisfy the Arizona armed
robbery
statute, by
thrusting
his
hand into a pocket and telling the
store clerk that it was a
you
want
to
live,
when
the
victim
was
unsure
whether
Haney
had
such
a
weapon,
when Haney used both hands to grab
money from the cash register, and when the only
objects found in Haney's possession
were the stolen cash and a package of
mints?
Brief Answer
No. Mere words and
threats
to use a deadly weapon are
insufficient
to support such a
charge,
because
under
Arizona
law,
the
victim
must
reasonably
perceive
that
the
robber
is
armed
with
a
deadly
weapon,
even
if
the
robber
is
merely
simulating
the
presence of
the
weapon.
The ambiguity of
Haney's actions and
the
fact
that
Haney's
victim
did
not
perceive
that
he
was
armed
do
not
satisfy
the
requirements
of
the
Arizona armed robbery
statute.
Statement of Facts
This
office
is
considering
whether
to
prosecute
Joseph
Haney
for
armed
robbery
.
Haney
was
arrested
on
August
12,
2007,
for
robbing
Albert's
Quik-Stop,
a
convenience
store
in
Tempe.
According
to
the
store
clerk,
Richard
Lopez,
Haney
entered
the
store
at
approximately
10:30
p.m.
No
other
customers
were
in
the
store.
Haney
,
who
was
visibly
nervous,
approached
Lopez,
thrust
his
right
hand
into
the
pocket of
his
windbreaker, and shouted,
you
tell
this
is a
holdup?
Give
me the
money
in the register, man! Don't make me hurt
you!
Lopez stated he was unsure whether
Haney had a weapon in the pocket. He described
Haney as being
large and
muscular, and
he
said
that
Haney's
physical size persuaded
him to
cooperate by opening the register. When Lopez did
so, Haney jumped over the
counter
and
knocked
Lopez
to
the
ground,
saying,
still
if
you
want
to
live.
Haney
grabbed money from the register with both his
hands and placed the bills in the
pockets
of
his
jeans
and
windbreaker.
Haney
then
leaped
back
over
the
counter
and
fled
from
the store. A patrol car
had
just pulled up to
the Quik-Stop's
gas pumps, and
the officer
driving
it observed Haney running
from the store.
The officer
pursued and
captured
Haney
and,
upon
a
search
of
the
suspect's
pockets,
discovered
the
stolen