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Dwyane Wade’s son Zaire Wade could face jail time if he’s charged with domestic violence following his arrest, a legal expert exclusively tells Us Weekly.
“I think the primary charge here would be criminal domestic violence, which can move forward even if the victim of the abuse decides not to press charges,” Rachael Bennett, a certified family law specialist who is not involved in Zaire’s case, explains to Us. “So, if that happens, the district attorneys are going to have to decide whether it can prove its case without the cooperation of the key witness, and while California prosecutors will frequently pursue, they call it a victimless prosecution.”
Us confirmed on Friday, June 26, that Zaire, 24, was arrested on suspicion of domestic violence on June 21. Arrest records viewed by Us show that police responded to a 911 call early that morning about a woman who was allegedly screaming. Police found Zaire and the woman at a home in Burbank, California, and the woman reportedly had “lacerations on her face and body,” NBC4 reported.
Neighbors heard yelling and stomping noises in the residence before dialing 911 around 5:22 a.m. that day, according to Burbank Police Department call log records obtained by TMZ.
Paramedics attended to the woman, who did not go to the hospital. Police arrested Zaire on suspicion of felony domestic violence, criminal threats and false imprisonment. Additionally, a handgun was taken from the house, and an emergency protective order was put into place, the outlet reported.
Zaire was released on a $50,000 bond as the case went to the Los Angeles County District Attorney’s office for possible charges.
Bennett tells Us that if prosecutors decide to charge Zaire, they can “use independent evidence, circumstantial evidence [and] witness statements” to build a case against him.
“Certainly, having a cooperative victim makes a conviction much more likely, so the prosecutors have to weigh whether the complaining witness is likely to cooperate. Are they going to recant their story? Are they going to refuse to testify? All of that is very, very common, unfortunately, in domestic violence cases,” Bennett explains. “That being said, there’s typically an investigative process between the time of the arrest and when the charges are filed, with prosecutors looking to determine whether they can really make a case here, and they’re going to rely heavily on evidence that was obtained by law enforcement when they made the arrest.”
Bennett notes that “photos of the injuries, witness statements, body cam footage, and how combative the defendant was at the scene” will be considered when deciding whether to formally file charges against Zaire.
According to Bennett, the firearm allegedly found at the scene is a major factor as well because it “immediately raises the risk level of the case.”
“It’s going to affect how prosecutors view the incident, how the judge views issues of public safety, and then also what restrictions may be put in place if charges are filed,” she explains. “In California, domestic violence and false imprisonment also can sometimes be charged as misdemeanors or felonies, depending on the facts … but when a firearm is involved, or even allegedly used in the incident, prosecutors are much more likely to treat the case as a felony level conduct rather than a misdemeanor.”
Bennett continues, “It also matters for the criminal threats allegations. A verbal threat by itself can sometimes be defended as something that was said in the heat of the moment, not that serious, but anytime there’s a gun present, that changes the entire context. It makes the alleged threat much more serious because the prosecutors can argue that the victim’s fear was reasonable and sustained, which are the elements for a charge like that.”
Bennett also tells Us that the emergency protective order may also be “important” to the case “because it shows that law enforcement believe that there was an immediate safety concern, and those are very common in domestic violence situations.”
“If charges are filed, the court can issue a longer criminal protective order, so it goes from emergency protective order up to a criminal protective order, which will just maintain those no-contact, stay-away orders, as well as firearm surrender rules,” she notes.
Bennett concludes, “All these facts absolutely affect bail and sentencing. A judge may look at the firearm, plus evidence of visible injuries, threats, compliance with the protective order or non-compliance, and then decide whether a stricter sentence is appropriate, stricter release conditions are appropriate, as well as firearm turn-in and things like that. So it’s going to have a global effect on the outcome of this case.”
Dwyane, 44, shares Zaire and sister Zaya, 19, with ex-wife Siohvaughn Funches. The former NBA champion also shares daughter Kaavia, 7, with wife Gabrielle Union and son Xavier, 12, with Aja Metoyer. He also became the legal guardian of his nephew, Dahveon, 21, in 2011.
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