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{aw Offices of John M. Sears, PC ohn M.S 03617 P.O Box Prescot Az B0302 (928) 713-4902 ‘ Attorney for Defendant vs _ MABRAMOvITZ In the Superior Court of the State of Arizona ~~~ ~~ In and For the County of Yavapai ‘ATE OF ARIZONA, Ne Pl 1300CR 201600966 | Assigned to Hon, Bradley H. | Astrowsky \ DEFENDANT’S SENTENCING | MEMORANDUM vs. { THOMAS JONATHAN CHANTRY, \ Defendant. | ed Defendant, Thomas J. Chantry, by his counsel undersigned, hereby submits his Sentencing Memorandum in this case. 4 DATED THIS _|(¢“day of October, 2018. By ae john M. Sears, Attorney for Defendant MEMORANDUM. Defendant is to be sentenced by this Court on October 19, 2018, following verdicts of guilty in this case on Counts 6 and 7 of the Amended Indictment, returned by the jury in open Court on August 21, 2018 following trial. The jury was unable to reach a verdict on Counts 2,3,4 and 5 and a mistrial was declared. The re-trial of those counts has not yet been scheduled. ‘The jury acquitted the Defendant on Counts 1 and 8. Subsequently, the Defendant was indicted in a new case alleging nine (9) counts involving David Ladner as the alleged victim in each one, Defendant tured himself in before he was even served in that case, and remains in custody on a one million dollar ($1,000,000.00) bond pending a bail hearing. A pre-sentence report was ordered in this case, and has been filed by the Yavapai County Adult Probation Department. ARGUMENT 1. Sentencing Structure and Applicable Range. Defendant is to be sentenced on two (2) counts of Aggravated Assault pursuant to ARS. 13-1204(6), which makes a simple misdemeanor assault pursuant to A.R.S. 13- 1203(A)(3), a Class 6 felony if it is committed by a person over the age of 18 against a child under 15 years of age. Both counts are non-dangerous, non-repetitive probation- available offenses, with a maximum of three (3) years probation on each count. A.R.S. 13-902(A)(4). On August 8, 2018, during trial, this Court struck, sua sponte, the State's late-filed Notice of Aggravating Factors for Sentencing, filed on or about July 24, 2018. That Notice asserted a single statutory aggravating factor, namely that the victims had suffered emotional harm.' Accordingly, the maximum punishment for each count is now the presumptive sentence of one (1) year in prison. 2. Defendant's Background and Good Character. Defendant has no prior criminal history. He is 48 years old, married, and the father of three sons. Attached hereto are a sampling of family photographs and a number of letters from family and friends asking this Court to show Defendant leniency in this case, Defendant is, as this Court knows, an educated man, was an ordained pastor in the Reformed Baptist Church, and is a valued friend and member of his community. He is employed full-time and contributes to the financial support of his wife and children. That job is being held open for him pending sentencing in this case. See A.R.S. 13-702(E)(6).. nt's Position Regarding Sentencing. Defendant believes that concurrent terms of standard supervised probation on each count, with the offenses left undesignated pending successful completion of probation, is just and appropriate in this case. Defendant has lived an exemplary and law-abiding life before and after these events, which took place nearly twenty (20) years ago. As this Court knows, Defendant steadfastly denies committing any crimes whatsoever against either of these two victims and intends to appeal. ‘The evidence at trial showed that no injuries were sustained by either victim and no dangerous instrument or deadly weapon was involved. Defendant was on pre-trial release for much of the time since his arrest and ‘was fully compliant with all of the terms of that release, including supervision by the Pretrial Services Division of the Yavapai County Adult Probation Department. Defendant traveled from his home in Illinois to Arizona to turn himself in in the 2018 "ARS. 13-702(D\(9) 3