State v. Fleischman

LIVERMORE, Presiding Judge.

This special action was taken from the trial court’s order granting the real party in interest’s motion to suppress. For the reasons set forth in this opinion, we accept jurisdiction and grant relief.

FACTS

Alfonso Schembri, the real party in interest, and his wife Isabel were the owners of a restaurant on East 22nd Street in Tucson. At approximately 3:35 p.m. on August 17, 1987, Schembri found his wife lying on the floor of the restaurant. He immediately went to the Dairy Queen next door where he told an employee, Jessica Hernandez, “My wife was killed, they killed…