ARRESTED at Gun Point for Defensive Display | The Massucci Testimonial
The following is an account of a former criminal matter handled by The Attorneys For Freedom Law Firm. Every case is different. This article is for information only and is not legal advice.
Matthew Massucci, a 27-year-old from New York, moved independently to Prescott, Arizona, in search of employment and a different lifestyle. After settling in Arizona, Mr. Massucci found steady work as a groundskeeper at a facility caring for non-verbal autistic children. He maintained a stable, productive life in Arizona for several years. However, this stability ended when he was arrested on July 16, 2023. Following the arrest, Mr. Massucci was formally charged with two counts of aggravated assault with a deadly weapon and two counts of committing a felony involving the use of a firearm.
“The allegations were that he illegally pointed his firearm at a prominent fire department official and the official’s minor son in central Arizona. There was only one problem. It was all based on lies.”
-Attorney Andrew Marcantel
Case Background
Massucci and his girlfriend, who was a passenger in his vehicle, stopped at a convenience store located at a local gas station, where he went inside alone to buy snacks in the evening. When he left, he noticed a vehicle parked directly in front of the store’s entrance, with what he described as “two men watching him.” Soon after, the vehicle’s side door opened, and a much larger, intoxicated man approached him aggressively and confronted him. The man was later identified as Dustin Parra, Deputy Chief of Operations for the Central Arizona Fire Department. Deputy Parra then followed Mr. Massucci to his vehicle, where he blocked the driver’s side door and physically prevented Mr. Massucci from shutting it.
Feeling threatened, Mr. Massucci retrieved his legally owned firearm from the center console for self-defense, holding it at a low position to maintain a safe distance. Deputy Parra yelled provocations, including his status as a fire department official. When his son attempted to restrain him, Deputy Parra shoved him; however, his family ultimately managed to intervene, allowing Mr. Massucci to close his car door and leave the scene.
A High-Risk Felony Stop
Five days after the incident, while driving home from work with his brother, Mr. Massucci encountered a high-risk felony traffic stop. He was surrounded by multiple police vehicles and officers armed with shotguns and AR-15 rifles. He recalls the moment as dangerous and mentions the police broadcasting conflicting commands over a loudspeaker.
“So, I put my hands on the ceiling. Two cars turns to four cars, turns to eight cars. I hear brakes squealing. You know, they shut the road down and I’m just being told to sit there with my hands on the ceiling.”
-Matthew Massucci
Mr. Massucci was arrested and formally charged with two counts of aggravated assault with a deadly weapon and two counts of committing a felony involving the use of a firearm. After his arrest, he was taken to an interrogation room for questioning about the alleged incident.
Mr. Massucci reports that during this period, he felt intense fear and loneliness. Law enforcement told him that he allegedly approached Deputy Parra and his family in a hostile manner, was verbally aggressive, and pointed his firearm at the deputy. Mr. Massucci asserts that, although the account was false, he invoked his Fifth Amendment right and chose not to make any statements during the interrogation.
After the interrogation, he was taken to Prescott jail and spent a night there. Then he was transferred to Camp Verde, where he stayed for two nights in custody. A family member helped post a $20,000 cash bond, allowing his release while the case was still pending.
Initial Legal Counsel and Challenges
After his arrest, Mr. Massucci hired a local defense attorney recommended by a bail bondsman. Following his first court appearance, his attorney informed him that the prosecutor had decided not to pursue the charges and that the case was essentially resolved. However, Mr. Massucci never received official paperwork confirming the case’s dismissal or closure.
Due to ongoing safety concerns and the need for stable employment, Mr. Massucci moved back to his home state of New York. About 18 months after the initial incident, the issue remained a major concern, mainly because his firearm and other personal belongings were still in police custody.
After contacting his attorney, Mr. Massucci was informed that the prosecution had refiled felony charges against him, although one of the original charges had been dismissed. The new charges include the following: Count One – Aggravated Assault per Dangerous (Class 3 Felony); Count Two – Aggravated Assault per Dangerous (Class 3 Felony); and Count Three – Disorderly Conduct with a Deadly Weapon or Dangerous Instrument per Dangerous (Class 6 Felony).
Mr. Massucci’s attorney emphasized Deputy Parra’s status and advised him to expect some jail time. He describes experiencing significant emotional distress and a feeling of abandonment as the case remained unresolved for an extended period. The ongoing legal uncertainty also affected his family; notably, his mother, who experienced a seizure. Although his attorney assumed familiarity with the prosecutor’s office, this did not lead to any real progress on the case.
“It went on for so long, and nothing’s happening… So, that’s when I finally said, you know, I got to call somebody else.”
-Matthew Massucci
Massucci Deploys The Attorneys For Freedom Law Firm
When Mr. Massucci hired our firm, Attorneys For Freedom (AFF), he provided a detailed account of the incident. After reviewing the information, our attorneys contacted Mr. Massucci’s former defense attorney to determine which steps had been taken. The attorneys found that the case was being forwarded to a grand jury for indictment.
Since the previous attorney had not obtained video evidence, our attorneys promptly requested and reviewed all available materials. Although the store’s interior surveillance footage was preserved, the exterior footage was grainy, recorded at night, and captured from poor angles with occasional time gaps.
“We found you guys luckily, and within, I think, it was two months or three months, not even, you guys had the external video footage, which I was told by my previous counsel, there was no external footage.”
-Matthew Massucci
Video Evidence and False Allegations
Recognizing the importance of the video evidence, our attorneys turned to forensic video expert, Dr. John Black, to enhance the footage, extract key frames, and conduct a frame-by-frame analysis. After careful processing and review, the improved footage confirmed the following:
- Mr. Massucci left the store and went straight to his vehicle without circling or approaching Deputy Parra’s car.
- Deputy Parra followed Mr. Massucci to his vehicle.
- Deputy Parra stood in the doorframe, preventing Mr. Massucci’s vehicle door from closing.
- After Deputy Parra’s family intervened and tried to pull Deputy Parra away, Mr. Massucci managed to close his door and leave the scene.
“First of all, you have no option other than to walk by their vehicle because they parked right in front of the door. And secondly, you don’t even pause. There’s not even a hesitation in your step. You’re just walking straight past the vehicle through the next empty parking spot over to your vehicle.”
-Attorney Joey Hamby
This footage contradicted the account in the original police report, where Deputy Parra and his family stated that Mr. Massucci had aggressively circled their vehicle, verbally threatened their 15-year-old, and pulled a firearm from his waistband to aim at family members. However, Mr. Massucci’s firearm was securely holstered inside the center console of his vehicle and was not in his physical possession during the incident.
Additionally, it was reported that Deputy Parra was too intoxicated at the time of the incident to give a reliable statement, yet he later identified Mr. Massucci as the aggressor.
“I didn’t even know there were underage children, number one. And number two, my interaction wasn’t with them. It was with him [Deputy Parra].”
-Matthew Massucci
The Legal Framework of Defensive Display and the Castle Doctrine
Attorney Hamby emphasizes that the false claim stating Mr. Massucci was carrying a firearm on his waistband—rather than secured inside his vehicle—has important legal consequences. Such a claim suggests the alleged incident occurred outside the vehicle, which could significantly influence how the conduct is interpreted under Arizona law.
Arizona allows the lawful display of a firearm when a person reasonably believes it is immediately necessary to stop an attacker from using unlawful physical force. Additionally, under Arizona’s “Castle Doctrine” principles, people are legally protected not only in their homes but also in their occupied vehicles.
Since the evidence showed that Mr. Massucci retreated to his vehicle, was cornered at the open driver’s door, and displayed a firearm in a non-threatening manner, his actions align with lawful self-defense, not aggravated assault.
The Legal Process and Due Process
Our attorneys sent detailed letters to the prosecutors’ office summarizing the exculpatory evidence, invoked Mr. Massucci’s right to testify if invited, and specified the video timestamps and forensic enhancements that support his account. Initially, the prosecutor did not recognize some of the key details in the raw footage. To the state’s credit, the assigned prosecutor agreed to a conference-room review with our attorneys and expert, where we examined the enhanced video frame by frame.
“That’s where the wheels came off the truck for this case because the prosecutor got those letters and then started going back and looking at the evidence and specifically looked at the video.”
-Attorney Joey Hamby
Prosecutor’s Decision and Case Dismissal
Following the review of the video evidence and corresponding defense presentations, Attorney Marcantel identified a significant false claim made by members of Deputy Parra’s family. Specifically, Deputy Parra’s wife had alleged that Mr. Massucci walked around their vehicle and stated, “I’m going to beat a 15-year-old’s a** tonight,” reportedly referring to their son.
“These families have never met before in their lives, right? The Parra family doesn’t know my client at all… So, tell me how my client can accurately perceive the exact age of a 15-year-old through the glass at night, having never met them before?”
-Attorney Andrew Marcantel
After a detailed discussion with our attorneys, the prosecutor agreed not to pursue charges. In court, the prosecutor publicly stated that the case was likely to be dismissed due to major issues that undermine the allegations.
Ultimately, the charges against Mr. Massucci were dismissed on the state’s motion. However, this outcome, while positive, did not erase the damage caused by the allegations, arrest, jail time, and public exposure.
The Impact of the Case on Massucci’s Life
This legal ordeal greatly disrupted Mr. Massucci’s life. He lost his home, job, and community in Prescott, Arizona, and had to move to New York in search of safety and stability. Media coverage further damaged his reputation, making it challenging to find work even after he returned home.
“Some of these interviews would go great. They’d like me. They liked my experience, liked my references, but then I’d leave. They’d Google my name. They’d see that I was accused of threatening a family with a firearm. Who wants a guy like that?”
-Matthew Massucci
Mr. Massucci temporarily lost his constitutional right to own firearms by surrendering his legally owned gun despite having no prior criminal record. However, our attorneys are working to restore his gun rights and recover his firearm. The ongoing trauma increased his fear of law enforcement and continues to impact his emotional well-being. Mr. Massucci estimates his financial losses exceed $100,000, including legal costs, lost income, and moving expenses.
Conclusion
This case highlights several systemic problems often found in small-town justice systems. It shows how insular, “special club” dynamics can lead to favoritism toward influential local figures, while others might be unfairly targeted. It also emphasizes the vital importance of hiring experienced, dedicated legal counsel from the beginning.
“I want to say that, you know, the only regret I have throughout this whole thing is not hiring you guys sooner.”
-Matthew Massucci
AFF is solely dedicated to representing individuals involved in self-defense incidents through our Attorneys On Retainer Program (AOR). To learn more about how The AOR Program can protect you and preserve your peace of mind, please call 866-404-5112 or email us.
Want to read more on the case? View ABC15’s full coverage story here.
