Top Gun Arizona Lawyer Dead at 68

Richard D. Gierloff  1950-2018

Gilbert, Arizona—It’s with great sadness that I must report on the death of Phoenix, Uber-Lawyer, Richard D. Gierloff this past Monday (04-09-18).

Richard was my personal lawyer, mentor and friend for well over three decades.  He handled criminal cases exclusively, including many death penalty matters.  He took on each case as a matter of life and death for his clients.  He never undertook his duties in a lighthearted manner.  Richard was a very meticulous winner.

Richard began his working life as a drug abuse counselor; soon he entered the University of Arizona Law School.  He went on to become one of Arizona’s greatest lawyers.  I was really pleased to work as his investigator on so many high profile cases.  Together we had many great victories.   

Richard was stricken with throat cancer last year and waged a courageous battle.  He was forced to shut down his law practice and withdraw his State Bar Admission.  He knew things were very serious.

Soon a special lady that was a longtime girlfriend, Christine Berry suddenly became Richard’s caretaker.  Christine lovingly took care of Richard’s needs as he was in the biggest challenge of his life.

I was able to visit Richard and Christine last month.  Richard was still confidant and fighting.  He was however, so frail and thin.  Considering this was a man that always ate right and did daily gym workouts this was so grossly unfair.  

Richard surprised me by telling me I was invited to finally see something that should have happened years ago.  Richard and Christine were to be married on April 21^st.  Instead of a wedding, I’ll be attending his final sendoff. If I know Richard, he will be vigorously advocating for people waiting at Saint Peter’s Gate. 

As for the rest of us, we lost a giant of a man.  He has saved and changed many lives.  Richard Gierloff is a real hero that will never be forgotten.  

Richard is survived by his true love, Christine and his adult daughter, Nora Gierloff.    

The Phoenix Grand Jury Today Refused to Indict Lawyer David Appleton

Phoenix, AZ-Maricopa County Attorney Bill Montgomery announced this morning that the Grand Jury returned a No Bill, refusing to Indict Scottsdale lawyer David Appleton, 60. 

In November 2011, Appleton shot and killed rodeo cowboy, Paul “Tom” Pearson, 50 after a vehicle chase in Scottsdale.  Apparently Pearson did not like Appleton’s driving and began chasing him for miles on the highway.  Appleton sought refuge and concealment in a shopping strip mall but was soon located and attacked by Pearson.

Pearson grabbed Appleton by the throat strangling him and the lawyer fired a single shot from a .38 revolver striking him in the heart and spine.  Pearson died from his wound despite EMT lifesaving efforts.

As for Appleton he’s told me that not a day has gone by when he has not said a prayer for Pearson’s lovely widow, Vicky and their three daughters. 

The death of Pearson added to already hard financial times for the Pearson family.  Do to the miserable economy their upscale Scottsdale Art Gallery was shut down.   With the daughters in school this has challenged them far more than they deserve.

Pearson’s fatal mistake cost his family more than anyone could have imagined.  If only Pearson could have controlled himself he’d still be alive today.  There is a sad moral to this tragic story.  Keep your hands to yourself and let the cops enforce our traffic laws. 

The castle doctrine is the law of the land in Arizona and is explained in the video below.  Additional a second video reveals what Appleton’s friends had to say about him the next morning:

http://www.youtube.com/watch?v=-l5U8x4jwTE&feature=share&list=UU58HXBjUJrvu5slNi7PWVVA

You survived the deadly shooting and suddenly your next grave threat is inside the Criminal Justice System

Phoenix, AZ—It’s appropriate that we get specific to Arizona because they have a much better tolerance for people that use deadly force in self-defense or the defense of a third person. This is about the Golden Hours between and arrest and an Indictment by a Grand Jury. Once you’re arrested or otherwise labeled as a suspect the race begins to indict you for, Manslaughter or even Murder.

Needless to say you’ve not uttered a word to police beyond your name, date of birth along with a request for a lawyer.

The Golden Hours is a tiny time period where you can defeat a prosecution and spare yourself and family from Bankruptcy, divorce, home foreclosure, car repossession and even years in prison. Depending on complications prosecutors could secure an Indictment against you in just a day or two.

Aside from being a gun rights leader of our nation, Arizona has solid protections from abusive arrest and prosecution as well additional protection from bogus lawsuits. Just because that’s the law does not mean you will be spared a spin at the Wheel of Judicial Misfortune.

Judges, lawyers and prosecutors all think they understand the dynamics of lethal self-defense. They fact is most only got they education from Hollywood productions. Just because they are in the criminal justice business does not mean they understand what happened in a fight for someone’s life.

Unfortunately criminal defense lawyers are sometimes little help because real self-defense cases are very rare in the system. Assumptions are made that the violent event is the product of an argument rather than an attack based on race, robbery, mistaken identity, rape or a violent over-reaction to a driving infraction on some highway.

For example you shot a carjacker in the back. The police and prosecutors may understandably believe you simply played God and executed the hapless criminal. There are various things that happen in the split second of a shooting and a self-defense expert can often give a convincing explanation for the back wound. You can wait two or three years for a criminal trial and a jury to decide your fate or you can make a case before a Grand Jury.

These two case cites, are the law that creates your golden hours:

Herrell v. Sargeant, 189 Ariz. 627 (1997) holding that the state's failure to present a fair and impartial presentation to the grand jury of the facts that related to the justification of crime prevention required that the case be sent back to the grand jury.

Trebus v. Davis, 189 Ariz. 62 (1997) holding conditions where the state must inform the grand jury that the defendant is requesting to testify to the grand jury. The state must also present exculpatory information sent by the defense in a letter to the prosecutor.

The Trebus case is about a suspect giving testimony before the Grand Jury. Such testimony is nearly always a terrible idea and must be avoided. Trebus does force prosecutors to fairly present exculpatory information to a Grand Jury empowered to determine if you should stand trial on a felony accusation. Having a lawyer present Trebus material to a prosecutor is critical. Saying that, too many lawyers routinely let those Golden Hours slip away ignoring Trebus.

The big question is how can you save yourself from an unnecessary Indictment and criminal trial with the help of Trebus? That’s where I come in as a criminal defense private investigator.

First I must be called, retained and let loose to do my job. Your lawyer if you have one will be busy trying to arrange your bail. My responsibility is to respond to the scene and investigate on your behalf. I need to find possible witnesses and interview them right away on video or digital media before their stories get spun to what prosecutors want to hear.

I have to examine the scene of the incident looking for things the cops missed like, surveillance video sources, shell casings or suspected blood. I need to shoot still photos and video of the scene so defense lawyers can see what was there. Getting out late to a scene may be disastrous especially in construction areas.

I need to find those witnesses that the cops blew off because their stories did not match what they wanted to hear. Believe me that happens all the time. Either I find them early or they may never be found. I also must examine the backgrounds of witnesses for criminal or civil fraud history.

Police and prosecutors almost never turn over witness statements or for that matter any evidence to the defense until more than a month after an Indictment when it’s way too late to use this information.

I have to see what material the cops gave to the news media because often I find gold in what they provided to them and sometimes more importantly withheld. Police agencies love to flood the media with self-serving press releases about their “heroic” deeds connected with high profile arrests. Yes, any self-defense type shooting will qualify as high profile.

I have to remain in constant contact with your lawyer during the Golden Hours to make sure nothing is overlooked.

What happens next is any helpful information I find is reduced to writing in a “Trebus Letter” and delivered to the prosecutors before the Grand Jury is convened. Let me also say prosecutors are not necessarily evil; even they don’t like prosecuting innocent people. There are those cases where prosecutors want a jury to decide if your use of deadly force was really justified. The only problem is that may take years and all of your worldly assets.

I have seen more than one person jailed for years only to be tried and acquitted having lost everything while they were in jail pending trial. They leave the jail wearing the same clothes they had on when they were arrested. How sad is that?

Call me to do your investigation and perhaps I can help you choose a top-notch lawyer like Jed Stone or Joel Brodsky of Chicago or Richard Gierloff in Arizona.

You can visit my PI website at the top of this page on the right hand side. Simply click on hire me.

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.