Second Degree Murder, Assault with Intent to Murder, Felony Firearm: Southgate

Second Degree Murder Lawyer - MichiganCharge (Count 1): Second Degree Murder
Felony: LIFE or any term of years
Charge (Count 2): Assault with Intent to Murder
Felony: LIFE or any term of years
Charge (Count 3): Assault with Intent to Murder
Felony: LIFE or any term of years
Charge (Count 4): Assault with Intent to Murder
Felony: LIFE or any term of years
Charge (Count 5): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment imposed for the felony or attempted felony conviction
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Motion to Quash and Suppress Evidence: DENIED
Disposition: Plea agreement; dismissal of Murder and Assault with Intent to Murder charges, plea of guilty to two counts of Assault with Intent to Do Great Bodily Harm (10 year felony) and Felony Firearm. Sentencing agreement to six years prison plus two for Felony Firearm.
Note: The Defendant allegedly shot into the ground twice to protect his cousin during a brawl outside a Southgate bar, which was the basis for the Assault with Intent to Murder charges. For the Second Degree Murder charge, the Defendant was charged on a theory of accomplice liability based for allegedly providing the murder weapon to his co-defendant, who shot and killed a third party. The co-defendant was convicted of Second Degree Murder and is currently serving a minimum 45 years in prison. A primary issue on the murder charge was whether the Defendant “gave” the handgun to the co-defendant or whether the co-defendant “took” it from the Defendant. The plea agreement acknowledged some culpability of the Defendant without facing the uncertainties of a trial and a prospective life-long prison term.