FLAGSTAFF, Arizona — A judge has dismissed the conviction against a man found guilty of assault after prosecutors did not inform the court that the victim was drunk during his testimony.
The Arizona Daily Sun reports a hearing was held last Thursday on a request from public defender Lindsay Smith for a retrial or for the conviction against her client, Luis Alvin, to be dismissed.
Bailiff Eli Navarro says he tested victim Nathan Jim's blood-alcohol content before Jim testified during the October trial, and it registered at .226%. Navarro says he informed prosecutors of the results.
Jim denied having consumed alcohol when questioned on the witness stand.
Smith says Jim's response impacted Alvin's right to a fair trial.
The Coconino County Attorney's Office said it had no issue with the final ruling.
Associated Press correction: In a story Nov. 6 about an assault conviction that was overturned, The Associated Press reported erroneously that the defendant had a blood-alcohol content of .226% when testifying in an assault case, that the defendant was found guilty of aggravated assault and that the public defender filed a motion last Thursday asking for a retrial or the conviction to be dismissed. It was the victim whose blood-alcohol content measured .226%, the defendant was found guilty of simple assault, and a hearing on the motion was held last Thursday.
