Sunday, May 29, 2016
Followup AZ: Charges Dismissed in Barry Todd case, 2 Years later
During the course of the matter, the case against Todd had been ordered back to the grand jury three times by Haws.
In his most recent remand order on Dec. 17, 2015, Haws found that the prosecutor did not read grand jurors a statute that would have properly advised them that the defensive display of a weapon is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect oneself against the use or attempted use of unlawful physical force or deadly physical force.
As such, Haws determined that the state's failure to advise grand jurors of the statute deprived Todd of a substantial procedural right.
Instead of the case being returned to the grand jury a fourth time for a determination of probable cause, the prosecution chose to hold a preliminary hearing on the matter.