Maricopa County Superior Court Judge Warren Granville denied former Phoenix police officer Richard Chrisman’s request to have his aggravated assault charge thrown out on Nov. 13.
In 2010, Chrisman was charged with murder and animal cruelty after he responded to a domestic violence call and it ended with the death of 29-year-old Daniel Rodriguez, in a south Phoenix trailer according to the Huffington Post.
The Arizona Republic reported in November that Chrisman and his defense attorney Craig Mehrens once again sat in Granville’s courtroom in an effort to get the aggravated assault charge thrown out due to misconduct committed by the prosecutor, Deputy County Attorney Juan Martinez, throughout the trial.
Chrisman was found guilty of aggravated assault in September by a jury after putting a gun to head of Rodriguez while answering a domestic violence call in October 2010 with his partner Phoenix Police Officer Sergio Virgillo.
The critical testimony made by Virgillo opposed Chrisman’s statements, stating that Rodriguez was unarmed and backing away with his hands up when Chrisman fired two shots.
The trial ended in a hung jury when it came to convicting Chrisman of second-degree murder and animal cruelty and Chrisman was granted a new trial scheduled for early next year.
Mehrens attempted to get the aggravated assault charges dropped against Chrisman, which he will be sentenced for on Dec. 20, stating that Martinez has been misleading throughout the trial according to The Arizona Republic.
After only 45 minutes, Granville denied Chrisman’s request to have his aggravated assault verdict tossed out and scheduled a new trial for Jan. 27, 2014 for the remaining undecided charges.