At the time, he told police he heard loud noises and went to the
door, opened it and found Kim standing there. He told police she
was beaten at the church. But in trial, he said he heard noises, came
into the living room and found her, covered with blood, face down
on the floor between the couch and the coffee table.
Between 3:00 a.m. and 3: 20 a.m., David Carrizoza knocked on
the door of space number 12. John Roundtree’s wife woke him.
David told John that his wife, Kim, was beaten up, and he needed
to use the phone. Roundtree let him in to call the police, but
instead of dialing 911 to summon an ambulance, he called his
mother and asked her to come over. After hearing the conversation
with Mary Carrizoza, an employee of Peoria Justice Court and
a former employee of the Tolleson Justice Court that covers
Avondale, Roundtree asked David if he was going to call the police
department. David responded, “Should I?” Roundtree said yes and
told David to dial 911. Roundtree described David as, “Kind of
mild. … More calm than excited.”
The paramedics arrived at approximately 3: 45 a.m. They found
Kim in the back bedroom unconscious and unresponsive to any
stimuli. Her clothing and the surrounding bed were soaked with
water. Her eyes were swollen shut; her face was extremely swollen,
along with her nose and the right side of her head; her head was
swollen a little on the left plus she had some neck bruising; her jaw
was tightly clenched, but her right teeth were loose, and she had
blood inside her mouth. Her blood pressure was 100 over 70;
she had respiration of 16 and cool and damp skin. Both breasts
were bruised along with her right arm and forearm and her right
buttock, and she had bite marks on the left side of her back just
below the shoulder blade. The paramedics observed posturing,
which is a sign of worsening swelling inside the head. The paramedics noticed no blood on her clothes.
She was taken by helicopter to St. Joseph’s Hospital in
Phoenix. She was deeply comatose, a four on the Glasgow Coma
Scale that runs from three to fifteen, and a CT scan showed some
blood or bleeding into the ventricles of the brain. X-rays showed
she had a fracture of the bones that surround the eye. Doctor
Andrew Shetter, a physician specializing in neurological surgery,
testified that in order to cause these injuries, her head had to hit
something or something had to hit her head with enough force
to bruise the brain stem. For the first few weeks of her two-month
stay at St. Joseph’s before being moved, still in a coma, to
Barrow Neurological Institute, the doctor feared she would die.
David Carrizoza was initially charged with attempted murder.
When Kim emerged from her coma four months later, the
charges were dropped to aggravated assault. On February 27,
1989, David Carrizoza went on trial. On March 7, 1989, a jury
of five women and three men found Carrizoza not guilty of
aggravated assault. AZ AT
www.myazbar.org/AZAttorney 57 MAY 2015 ARIZONA ATTORNEY
New publication and upcoming CLE from the State Bar of Arizona
Arizona Legal Malpractice Law - 2015
B. Lance Entrekin, The Entrekin La w Firm
This treatise concerns cases where clients sue their attorney, alleging under one or more legal
theories that the attorney’s error or omission has caused them recoverable damages. During
a recent four-year period, every legal malpractice claim study shows real estate, plainti;’s
personal injury and family law as the three largest categories and making up half or more of all
claims. Preparing, ;ling and transmission of documents made up the largest share of all claims,
while erroneous legal advice was second.
A Roadmap Through the Elements of
Legal Malpractice Claims
Friday, May 29, 2015 | 9 am - 4: 30 pm | McAuli;e CLE Center, Phoenix
The course will examine and discuss the elements of a legal malpractice claim, educate
attorneys about legal malpractice exposure, cover the various duties attorneys owe to their
clients and discuss defenses against legal malpractice claims, such as the statute of limitations.
Hear from plainti; and defense legal malpractice attorneys across the state for a glimpse into
this complex topic. Chair: B. Lance Entrekin, The Entrekin La w Firm
Identify, Avoid, and Navigate LEGAL MALPRACTICE Issues
Explore these titles and other great programs and publications from the
State Bar of Arizona’s Member Services department.
Visit azbar.org/cle to begin your search, or call 602.340.7231
Purchase both the seminar and the book and receive a $15 discount!