Posted on August 8, 2020 in Criminal Defense
According to a Critical Incident Briefing by the Phoenix Police Department, a woman was shot after she fired at officers on July 8, 2020. The incident took place near 10400 N. Black Canyon Highway.
911 dispatchers received a call early in the morning from a man claiming that his roommate was “becoming crazy.” The caller stated that she had “shot a gun,” and he had kicked her out of the apartment. The gunshot was later determined to have occurred outside of the apartment.
Officers responded to the scene wearing body cameras. The Phoenix Police Department released body camera footage, which is available online as part of the briefing.
The caller met the officers when they arrived at the scene. The caller pointed out the woman, who was standing close to a parking lot on the north side of a hotel. Officers later identified the woman as Jovana Kelsey McCreary.
When a sergeant and two officers approached McCreary, an officer asked if she had a gun. McCreary told the officers she did not have a gun, and she denied the claim that she discharged a firearm.
During the encounter, officers searched McCreary’s bag with her permission. Officers found illegal drugs and ammunition in the bag. Officers also discovered that McCreary had an outstanding arrest warrant on a misdemeanor charge.
In the video, an officer attempts to handcuff McCreary. She appears to try to pull away and pulls a concealed weapon from her waist area. She attempts to flee and fires at police officers.
The police officers fired back. McCreary was shot twice. She dropped the gun and fell to the ground.
Officers provided first aid to McCreary at the scene until personnel with the Phoenix Fire Department arrived and began providing first aid.
McCreary was taken to an area hospital in critical condition, but she did not die from her injuries. None of the police officers were injured in the incident.
Both police officers involved in the shooting are on the Patrol Division with the Cactus Park Precinct. The incident is being investigated. The Maricopa County Attorney’s Office will review the matter once the investigation is complete.
If you wish to carry a concealed weapon in Arizona, you must obtain a concealed weapons permit. Even though you have a CWP, that does not prevent you from being charged with a weapons crime if you break the law. You must abide by all Arizona gun laws when carrying a concealed weapon.
Arizona has strict gun laws. Violating these laws can result in a misdemeanor or felony charge. The type of violation dictates the level of the offense.
For example, carrying a concealed weapon without a permit is a Class 1 misdemeanor charge. Likewise, carrying a firearm or other deadly weapon in a prohibited area or building is a Class 1 misdemeanor, such as carrying a gun into a school building or government building.
Individuals who attempt to obtain a gun illegally can be charged with a Class 6 felony. Also, if a person attempts to remove the serial number from a gun or possess a gun without serial numbers can be charged with a Class 6 felony.
Some possession charges are considered Class 4 felonies.
For instance, possessing a firearm when you are prohibited by law from carrying a firearm is a Class 4 felony. Individuals who have prior felony convictions caught with a gun are often charged with this weapons crime. Also, possession of a gun during the commission of a crime is a Class 4 felony.
Class 3 felonies are some of the most serious weapons charges. Gang members who discharge a firearm can be charged with a Class 3 felony. Supplying or selling a gun to someone you have reason to believe may use the weapon during the commission of a felony is also a Class 3 felony charge.
Even though you are arrested for weapons charges, drug crimes, resisting arrest, violent crimes, or criminal charges, you are presumed innocent by the courts until the state proves its case. Many people who are arrested hurt their case by talking to the police without an attorney present. They believe if they cooperate or explain their side of the story, they can avoid an arrest.
If the police believe you committed a crime, they are going to arrest you no matter what you say. It is best to remain silent and not answer any questions without a lawyer present. Talk to an experienced criminal defense lawyer before you talk to the police to avoid making matters worse.