Pima County Attorney Laura Conover said in a statement Friday that newly reviewed case records show prosecutors lost contact with the victim in a 2024 aggravated assault case involving the man now accused of wounding nine people in a mass shooting outside Empire Pizza in downtown Tucson.
The statement comes days after 21-year-old David Leroy French was charged in connection with the July 19 shooting near Congress Street and Sixth Avenue. French had previously pleaded guilty to a felony aggravated assault charge stemming from a 2024 shooting, a case that has drawn renewed scrutiny following last weekend's attack.
According to Conover, prosecutors recently retrieved the archived paper file from the 2024 case after questions were raised about why French received probation instead of prison. She said the original prosecution team reported that they had been unable to locate or maintain contact with the victim despite repeated efforts by both prosecutors and the office's victim services division.
Conover said the inability to locate the victim was considered exculpatory information that prosecutors were legally required to disclose to the defense. While she said the missing victim would not necessarily have prevented a trial, it could have made securing a conviction significantly more difficult.
Despite that challenge, Conover said French still accepted responsibility by pleading guilty, resulting in a felony conviction and a term of probation.
She also noted that the presentence report prepared by the Adult Probation Department documented unsuccessful attempts to contact the victim, information that was already part of the public court record.
French is facing multiple charges after Tucson police say he opened fire into a crowd gathered outside Empire Pizza early Sunday morning. Nine people were injured before officers confronted French as he fled the scene.
Conover said her office's focus has now shifted to prosecuting the downtown shooting case, adding that prosecutors remain committed to public safety while preparing for multiple ongoing homicide trials.
French remains in custody as the downtown shooting case moves through the courts.
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