Cletk of the Superior Court *** Electronically Filed *** (09/15/2022 8:00 AM SUPERIOR COURT OF ARIZONA MARICOPA COUNTY, CR2020-148361-001 DT 09/14/2022 CLERK OF THE COURT HONORABLE WILLIAM WINGARD M. Mogel Deputy STATE OF ARIZONA CATHERINE FERGUSON-GILBERT v. TODD ERIC BOROWSKY (001) COMM. WINGARD DISPOSITION CLERK-CSC PRETRIAL SERVICES AGE MINUTE ENTRY Pending before the Court is the ruling on the Preliminary Hearing conducted on April 29, 2022, May 18, 2022, June 28, 2022 and July 20, 2022. On January 4, 2021, the State filed a Direct Complaint charging defendant with various felony and misdemeanor offenses. ‘These charges included Count 1: Kidnapping, a Class 2 Felony offense, Count 2: Aggravated Assault, a Class 4 Felony offense, Count 3: Assault, a Class 1 misdemeanor and Count 4: Disorderly Conduct, a Class 1 Misdemeanor. Each count was alleged to have been a domestic violence offense based upon the relationship between the victim and defendant, Further, Count 1 was alleged as a dangerous offense due to the allegation, of the use of a weapon. Arizona Rules of Criminal Procedure, 5.1(a) provides that "[a] defendant has a right to a preliminary hearing if charged in a complaint with a felony.” The purpose of a preliminary hearing is to "determine whether a public offense has been committed and whether there is sufficient cause to believe the accused committed it." State v. Altman, 107 Ariz. 93, 95, 482 P.2d 460, 462 (1971). This is not a trial on the merits of a case. Docket Code 079 Form ROOOA Page |SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CR2020-148361-001 DT 09/14/2022 After considering the testimony presented, the exhibits admitted, the credibility of the esses and the totality of the circumstances, the Court finds as follows: As to Count 1: Kidnapping, a Class 2 Felony offense, and on the testimony and evidence presented, the Court does not find probable cause exists to believe that the crime was committed or that the defendant committed it. As to Count 2: Aggravated Assault, a Class 4 Dangerous Felony offense, and on the testimony and evidence presented, the Court does not find probable cause exists to believe that the crime was committed or that the defendant committed it. As such, IT IS ORDERED dismissing Counts 1 and 2, without prejudice and discharging the defendant on those counts, IT IS FURTHER ORDERED setting a Not Guilty Arraignment as to Counts 3 and 4 on September 21, 2022 at 8:30 a.m. in this division. Docket Code 079 Form ROOOA Page 2