Today an indictment was unsealed by Judge Timothy M. Kenny for Detroit Police Officer Elijah Lately, 25 (DOB: 4/14/90). Lately, an officer for four years, was indicted on August 14, 2015 by a one man grand jury on two counts of Lying to a Police Officer During a Violent Crime Investigation, which carries a maximum penalty of four years in prison.
Brandon Rice was killed on April 23, 2015 at 7:20 a.m. on the 300 block of Elmhurst in Highland Park, Michigan. The Detroit Homicide Task Force began an investigation into the Rice case on April 24, 2015. Early on in the four month investigation, Detroit Police Officer Elijah Lately was identified as a potential witness; he was questioned on April 24, 2015 by a Michigan State Police detective and again on July 20, 2015 by a Detroit Police Homicide detective. Both times he was interviewed he denied having any information about the Rice homicide. Lately is charged with the crime of Lying to a Police Officer during a Violent Crime Investigation because it is alleged that, despite his denials, he knew of the plan to kill Rice, the identities of the persons involved, and details about the homicide scene. It also alleged that Lately lied about not having contact with suspects since April 24, 2015.
"The allegations against the officer in this case are deeply disturbing. I would like to commend the Detroit Homicide Task Force and the members of my office for their excellent work," said Prosecutor Kym L. Worthy.
Lately is currently being held on a $400,000 cash/surety bond; he has also been suspended without pay by the Detroit Police Department. His next court date is a Pretrial Conference on August 25, 2015 before Judge Kenny.
Dmarco Dorian Hoskins
Today an indictment was also unsealed for Dmarco Dorian Hoskins, 25 (DOB: 1/7/90), of Highland Park, Michigan. He has been charged in the homicide of Brandon Rice with Conspiracy to Commit Murder, First Degree Murder, and Witness Intimidation. His case will be heard before Judge Qiana Lillard. The Pre-Trial Conference is scheduled for August 21, 2015 at 9:00 a.m.
Background Information on the One Man Grand Jury
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)
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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