Information Needed On Scottsdale Justifiable Homicide

Scottsdale, AZ—The November 10th fatal shooting behind the CVS pharmacy at Pima and Pinnacle Peak Roads is still under investigation by the defense team headed by Phoenix attorney, Richard D. Gierloff.

There are still unanswered questions about battery and used golf cart store proprietor, Paul “Tom” Pearson, 50 (DOB 02-17-61), his habits and business dealings.

Don’t assume for a second that the information you may possess is already known. Please, out of simple fairness and necessity please share it with the defense team.


Thomas' personal vehicle sported a dealer’s plate registered to his battery business that is a licensed motor vehicle dealership. The problem is they were not selling cars. Such use of a dealer’s plate is in violation of state law.

There are many unanswered questions bout Pearson and why he used his own three-ton vehicle as a deadly weapon threatening David Appleton for nearly two miles in busy Scottsdale traffic.

Please contact me at the phone number or e-mail address you will find right here.

Scottsdale Police Released the 911 Tape and Initial Reports on Scottsdale Justifiable Homicide

Scottsdale, AZ—As soon as Scottsdale police arrested long time lawyer David Appleton, sordid half-truths, lies and damn lies began to surface. The arrest was not backed by any evidence of a crime.

A detective simply refused to accept the only living witness’ account of the violent assault and justifiable use of deadly force. The evidence shows that the dead man Paul “Tom” Pearson was responsible for his own sudden demise.

Facts:
1. The dead man was felled by a close to contact bullet wound to the chest.
2. Blood was observed on Appleton’s driver’s side door at on the ground with the fatally wounded assailant.
3. The dead man reportedly told his cousin over the phone that he was chasing someone that ran a traffic control device. That conversation ended with the dead man making a challenge, “You won’t shoot me with that gun!” That challenge was made as Appleton’s attacker had his massive hand squeezing his throat.
4. Police falsely stated there was no sign of injury or the attack that Appleton told them about. Police covered-up the fact that Appleton’s torn shirt and ripped off buttons were located and impounded for the crime lab by police.
5. Pearson’s wife Vicki told police that her husband had called her telling her he was coming straight home from work. She told police she did not understand why her husband would pass their home at Los Gatos and Pima Roads and continue for another mile to the CVS store.
6. Rather than take Appleton to a physician police simply diagnosed the 59 year-old lawyer as uninjured. Symptoms of strangulation are easily observed by any qualified physician if they would bother to have him examined.

Arizona’s Castle Doctrine allows deadly force to be used against anyone trying to enter or extract a person from a motor vehicle they occupy. Pearson’s criminal assault resulted in his death.

This is nothing more than a sad tale of a highway bully taking his rage out on a smaller and older man. Had Pearson simply been able to control his temper and make that turn into the Los Gatos development where his family was waiting for him he’d still be alive today.

Listening to the 911 call made by Appleton tells volumes about how he responsibly did all he could to help the man that attacked him after he was felled by a single shot.

The Scottsdale Justifiable Homicide, an Analysis of a Tragedy

Scottsdale, AZ—I must say every driver has experienced the rude or inconsiderate motorist make offensive or even dangerous maneuvers. Many of us feel there’s never a cop around when you need one. The urge to take the law into our own hands is one that fortunately passes quickly for most of us.

The event of November 10th at Pima and Pinnacle Peak Roads killed one man and changed the life of another forever. Valley Battery, and used golf cart shop proprietor Paul “Tom” Pearson, 50 apparently became angered at a maneuver of David Appleton, 59 a lawyer. Pearson chased Appleton North on Pima Road passing his by own home on Los Gatos for more than a mile. Pearson caught up with Appleton who fled into the strip mall containing a CVS store to hide from Pearson. That failed when Pearson quickly located his prey.

The larger and younger Pearson quickly exited his vehicle and aggressively charged up to Appleton’s driver’s side car window. Pearson grabbed Appleton by his shirt and throat effectively strangling the older man. Appleton produced a small revolver to deter the younger, obviously athletic and larger stranger. When the sight of the gun did not seem to faze Pearson, Appleton’s options ran out and a single gunshot felled Pearson.

Under the Arizona Castle Doctrine, the law is clear citizen’s have the absolute right to use deadly force to end efforts to invade the motor vehicles they occupy. That right also allows the use of deadly force to prevent any attempts to forcibly extract occupants of a motor vehicle.

Scottsdale police suggest that Appleton was the aggressor despite the fact that the lawyer’s shirt was ripped and buttons were torn away. When police arrived they found Pearson unconscious but still clinging to life next to Appleton’s driver’s door.

Scottsdale police have refused to turn over the 911 tapes of this incident to the media. The withholding of this vital and public information is both curious and suspect

The detective interviewed the cooperative lawyer and without an additional eyewitness, surveillance video and chose not to believe what he was told.

Appleton has no history of violence or participation in contact sports. He’s a scholarly man who does his combat on paper in legal briefs or in courtrooms. Appleton was obviously very afraid of the bully who was choking him. I guess the homicide detective that decided to arrest Appleton went to a different police academy than I did.

Pearson’s temper got the best of him and that lapse cost him his life. More than that, Pearson’s failure left his beautiful wife Vicki along with his three daughters to fend without him forever. I can tell you for sure that these fine young women are in Appleton’s prayers and will be for the rest of his life.

There is no crime here on Appleton’s part but nonetheless; this is a life-changing event for this senior lawyer.

For now this case will be under the watchful eye of the Maricopa County Attorney’s Office. They must carefully review the results of the Medical Examiner and toxicology reports, crime lab findings and other evidence to make a final determination whether to bring a criminal charge.

Both Pearson and Appleton have strong supporters and right now emotions are high on both sides. This will all be decided on the simple words of Arizona’s Castle Doctrine that spells out the justifiable use of deadly force.

There is a strong lesson here for every motorist. Courtesy can be as contagious as is a great smile. Anger has no place on our highways.

Murder Charges Dismissed Against Scottsdale Lawyer David Appleton

Phoenix, AZ—David Appleton has had a very rough and expensive week. Last Thursday night the 59 year-old lawyer was chased down Pima Road by an angry driver who cornered him behind a drug store, jumped out of his vehicle and attempted to strangle him. Appleton apparently produced a .38 revolver in an effort to halt the attack. When the sight of the gun had no effect on his younger assailant a single shot ended the life of an angry, Paul “Tom” Pearson.

Scottsdale police refused to believe Appleton’s claims of self-defense and arrested him on murder charges. The Maricopa County Attorney’s Office reviewed the known facts and physical evidence and found there was insufficient evidence to support the charges. Prosecutors motioned the court this morning to dismiss the direct complaint.

Should the Scottsdale police find enough evidence for probable cause they may bring it forward to prosecutors for prosecution. For now Dave Appleton is free.

Everyone in the defense side of this case including David Appleton recognize the sorrow that Pearson’s wife and three daughters are going through right now. I think it’s fair to say that Pearson had a good side that his family and friends will miss. I hope that his family is able to move on and experience success and love that Pearson surely would have wanted for them.

There is a lesson to learn here and that’s to try and ignore those drivers that irritate all of us. Arizona gives motorists the same protection and people have in their homes. Deadly force can be used to prevent crimes and assaults in cars as well as homes. Conflict avoidance is always the best policy.

Arizona Lawyer Charged With Murder, But Was It Justifiable Homicide?

Scottsdale, AZ—Long time lawyer Dave Appleton, 59 apparently called police for help because a motorist had chased him and threatened him with a motor vehicle. The chase ended in a fatal shooting at a CVS pharmacy parking lot at Pima and Pinnacle Peak Roads @ 7:30 PM.

The aggressor, Paul "Tom" Pearson, 50, attacked Appleton through the window of his Toyota SUV. Soon thereafter the Pearson lay dead from a single gunshot. Police grilled Appleton for hours and finally charged him with Second Degree Murder despite a claim to self-defense. Appleton told police the younger man was trying to strangle him.

I’ve known Appleton for 25 years and found him to be a bookish and gentle soul. He is hardly a combatant and I know him to be reasonable and anything but aggressive. He’s not the kind of guy that would flip off another driver with a middle finger or look for trouble. I can't imagine him hurting a soul unless he was in fear of his life.

I suspect that a lot of people know about the dead assailant and I’m asking for any and all information that would assist Appleton in getting a fair trial.

It will take a while to get the toxicological report that would disclose what was fueling Appleton’s attacker.

If you have information about Paul Pearson by all means e-mail or call me. You can even leave a comment with a way to contact you and I won’t publish it. I will forward the information to the proper place.

Appleton is being held on a draconian $500.000.00 cash bail requirement and is due back in court on November 17th @ 8:30 AM.

Appleton being a lawyer should have known better than to talk to the police but he is a cooperative kind of guy. It might have cost him everything. Never talk to the police if you must use force to defend yourself or a family member. I'm on my way to Scottsdale and will get to the bottom of this case.