Filed on: May 27, 2025
In Ector County, David Phillips and Sara Spector tried a case in which our client faced a charge of Aggravated Assault with a Deadly Weapon. The State claimed our client had pointed a gun at the complaining witness and pushed the case toward a felony conviction. From the start, the defense focused on what the evidence actually showed and on what the investigation failed to do.
One of the central problems was how the case was built. The lead officer did not take a clear statement from the complaining witness at the time of the event. Months later, her account changed in key ways, and she could not explain those shifts on the stand. She said the relationship had ended before the incident, yet phone records showed continued contact in the days leading up to it. Those records mattered because they spoke to motive, context, and credibility. When the State’s story depends on one version of events, details like these are not side issues. They are the case.
David cross examined the officer on the gaps in the investigation. He brought the jury’s attention to what was not collected, what was not verified, and what was left to assumption. Sara’s closing argument stayed steady and direct. She told the jury to look past frustration with a witness who struggled to recall specifics and to put that weight where it belonged, on the State’s failure to document the facts when they were fresh.
After deliberating late into the night, the jury rejected the Aggravated Assault with a Deadly Weapon charge. They did not accept the felony the State asked for. Instead, they returned a verdict on a lesser included offense. The result reflected what the evidence supported and what it did not.
This trial shows why careful defense work matters. A weak investigation cannot be patched over with pressure or hindsight. At Dunham and Jones, we hold the State to its burden and fight to keep our clients from being convicted of charges the evidence will not carry.
If you are facing a violent crime accusation in Texas, our felony attorneys are ready to step in, test the proof, and defend your future in court.