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Unsealing the Indictment and Arraignment

On May 6, 2017, a one man grand jury indicted Jervonie Deandre Martin, (DOB: 10/23/1993), of Detroit, in connection with the shooting of a seven-year-old. Today, Judge Timothy Kenny, Chief Judge of the Wayne County Circuit Court Criminal Division, unsealed the indictment and the defendant was arraigned on three counts of Assault with Intent to Murder, one count of Discharge in or at a Building Causing Injury and one count of Felony Firearm* and received a $400,000 cash/surety bond. His next court date is the final conference on June 28, 2017 at 9:00 a.m. and the trial is scheduled for August 7, 2017 at 9:00 a.m. The defendant’s attorney is Randal Upshaw.

*The charges are allegations and defendants are presumed innocent until and unless proven guilty.

Prosecutor Kym Worthy said, “The summer months are fast approaching. I sincerely hope that this case is not a precursor of things to come. Our innocents seem more often than not to be the recipients of this senseless and ridiculous violence.”

Allegations

It is alleged that on May 1, 2017, around 10:30 p.m., multiple shots were fired into an apartment complex in the 2900 block of Monterey in the City of Detroit. One of the shots entered an apartment and struck a seven-year-old girl who was asleep inside her grandmother’s home at the time. She was taken to local hospital and received treatment for her injuries. She was recently released from the hospital and is recuperating.

Background Information on the One Man Grand Jury

The Petition

The Prosecutor files a petition with the circuit court alleging why there is probable cause to suspect that a crime has been committed and that a person or persons may be able to give material evidence regarding the crime or offense. (MCLA 767.4) The judge then signs an order directing that an inquiry be made relating to the formal complaint. The petition is for six months and can be renewed for an additional six months. (MCLA 767.3)

Subpoenas

When the judge issues a subpoena, the person called before the grand jury is entitled to legal counsel; no delay is permitted in appearing before the judge. All matters revealed are subject to secrecy provisions. (MCLA 767.4)

Penalties - Contempt

Witnesses neglecting or refusing to appear can be found in contempt of court. After a hearing in court, such witnesses can be fined $1,000 and/or imprisoned for up to one year. Witnesses can “purge” themselves of the contempt by offering to appear before the court. The judge may then commute or suspend the sentence. (MCLA 767.5)

Penalties - Disclosure of Proceedings

Except in cases of prosecutions for contempt or perjury against witnesses, any judge conducting the inquiry, or any prosecuting attorney and other persons admitted to such inquiry at the discretion of the judge, who disclose information from the grand jury are guilty of a misdemeanor punishable by imprisonment not more than a year or by fine not less than $100 or more than $1,000 or both. (MCLA 767.19 f).

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