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Duley
brothers plead guilty in assault case
One
brother to serve jail time, both to pay restitution
Staff
reports
DESERT
FOOTHILLS – Two Carefree brothers accused of physically attacking
a Cave Creek dentist earlier this year pleaded guilty in late
November to aggravated assault charges.
One
of them will spend 30 days in jail, and both could be ordered
to pay up to $150,000 each in restitution when they are sentenced
in January.
Charles
Richard “CR” Duley, 25, and Jay David Duley, 23, pleaded guilty
to one count of aggravated assault on Nov. 20 in Maricopa County
Superior Court.
The
Duley brothers on April 1 allegedly assaulted Dr. Kevin Harris
inside Harold’s Cave Creek Corral bar and restaurant.
“One
of them grabbed me by the back of the head and pushed my face
into the bathroom door,” Harris wrote in his statement to Maricopa
County Sheriff’s deputies following the incident. On the evening
of the assault, he told investigators it was an “unprovoked confrontation,”
the MCSO report states.
Harris,
who was treated at a Scottsdale hospital immediately following
the assault, later told investigators he had suffered a concussion
and kidney damage.
Neither
Harris nor the attorney representing Jay Duley returned calls
placed by The Desert Advocate
seeking comment. David Ruben, legal counsel to Charles Dooley,
declined to
comment.
According
to terms of the plea bargain between the brothers and county attorney’s
office, Jay Duley is to spend 30 days in jail, pay restitution
and be placed on supervised probation when he completes his sentence.
Charles Duley will not serve any jail time but may be required
to pay restitution,
and he will also be placed on supervised probation.
If
the brothers successfully complete the terms of their sentence
and probation, the charges could be reduced from felonies to misdemeanors
or could be held in abeyance, said J.W. Brown, a spokeswoman for
the court.
Judge
Margaret R. Mahoney is slated to hand down the sentences Jan.
9. The Duley brothers have remained free on bond since their arrest
in mid‑April.
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