Case Histories and Results - William F. Nimmo

Motion for New Trial - deadly weapon assault - torture

The defendant, a drug dealer, was convicted of Assault with a Deadly Weapon and Torture for shooting the victim in both legs during an extortion attempt for monies owed. After the verdict he hired Bill Nimmo to pursue a motion for new trial.

Nimmo was able to show that the defendant had not received a fair trial and that the events happened more like the defendant said than how the victim described them. Through a medical recreation the defense showed that only one bullet was fired and it had gone through both legs at an angle consistent with the defendant falling to the ground. The defendant said he accidentally fired after being struck by the victim. He also said that he had no intention of shooting the victim when he went to the house. He only had a gun for protection.

After 2 days of hearings the judge convinced the prosecutor to offer a deal that reflected the circumstances. The defendant took the deal and saved himself the life imprisonment mandated by the torture verdict.