Investigation into fatal shooting of Mesa mother could face legal hurdles, expert says

Arizona's Castle Doctrine could determine prosecution of agent involved in Mesa shooting death

Mesa Police have submitted charges in the killing of a mother of seven, but the decision to prosecute to an investigator with the Arizona Attorney General's Office rests with the Maricopa County Attorney. FOX 10's Taylor Wirtz reports.

MESA, Ariz. - New evidence has emerged in the fatal shooting of Maria Lewis, as internal documents from the Arizona Attorney General’s Office reveal a timeline leading up to her death on Feb. 28.

New Details:

According to the documents, Lewis returned home from work around 2 a.m. Her husband told investigators she smelled like alcohol, and an argument ensued before she left the home. A neighbor recorded yelling around 2:15 a.m., which detectives believe were the voices of Lewis and her husband shortly before she left.

A neighbor provided police with video of the incident, in which a man and woman can be heard screaming for approximately 40 seconds. The neighbor stated he initially thought it was just neighbors making strange noises, but after seeing reports the next day, he realized the gravity of the situation.

Around 2:45 a.m.—roughly 25 minutes after that video was recorded—the wife of AOG Special Agent Dulance Morin called 911 after the family was awakened by banging and yelling at their door. About 30 minutes later, Lewis was pronounced dead at the scene from a single gunshot wound.

According to a memo, Morin warned the person he was armed and heard Lewis yell back that she was armed, too. Morin says he was holding his gun and it went off, but he later called the shooting an accident.

What we know:

Mesa police have submitted a recommendation for a negligent homicide charge against Morin. It is now up to the Maricopa County Attorney’s Office to decide whether to proceed with prosecution. 

Criminal Defense Attorney Ben Taylor believes the case faces a difficult path for prosecutors due to Arizona’s "Castle Doctrine," in which an individual is permitted to use deadly force if they reasonably believe it is necessary to protect their home or family from an intruder or threat. 

Dig deeper:

Taylor says several facts could support a strong defense for Morin, including the time of the shooting, Lewis’s reported claims that she had a weapon, and police reports indicating she may have been intoxicated. Additionally, the shooting occurred around 2:30 a.m., a factor Taylor said supports a claim of feeling threatened. 

"If it's alleged that the victim was intoxicated and was arguing with her husband prior to this, an intoxicated person knocking on somebody's door late at night, I can see the county attorneys might not bring any sort of charges here because of the castle doctrine," Taylor said. "And because of your right have a right to defend your home and your family because this is the alleged victim here was knocking on the defendant's door late at night so i think i'll be highly surprised if the county attorney's office decides to bring this charge unless there's evidence that shows that the defendant lied about the shooting or we're trying to cover something up."

The backstory:

Mesa Police announced March 13 that they submitted the negligent homicide charge based on probable cause. 

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Stand Your Ground laws may impact charges in Mesa porch shooting as 'odd' details emerge

Mesa police recommended charges against AG agent Dulance Morin in the shooting death of neighbor Maria Lewis. Lewis, a mother of seven, was found on Morin's porch.

Morin, 47, is accused of fatally shooting 32-year-old Maria Lewis on February 28. Just after 3 a.m., first responders arrived at the scene and pronounced Lewis dead. Mesa's investigation discovered several "odd" details at the scene:

• There was no physical damage to the front door, yet a bullet casing was found outside.
• A rock found near the body contained Lewis' DNA, though it did not match any stones in the neighborhood.
• Morin’s front door Ring camera was broken, and while police seized other cameras, none captured the shooting.

What they're saying:

Arizona Attorney General Kris Mayes issued a statement following the submission of charges.

"I trust that the review of Mesa PD’s investigation will be thorough and that MCAO will consider all available evidence before making any determinations." 

What's next:

Mayes said that Morin will remain on administrative leave pending the outcome and expressed that her thoughts are with both families. The final decision on the charges now rests with the Maricopa County Attorney’s Office.