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Monday, May 1, 2017

WCPO Investigation Prompts Joint Motion with Michigan Innocence Clinic to Set Aside Conviction of Marwin McHenry

Today the Wayne County Prosecutor’s Office and the Michigan Innocence Clinic filed a Joint Motion for Relief from Judgment in the case of the People v. Marwin McHenry that was heard before Judge Gregory Bill. As a result, the Court has entered an order vacating Mr. McHenry’s conviction and sentence in the case.

On October 10, 2013, after a jury trial in Wayne County Circuit Court, presided over by the Honorable Gregory Bill, Mr. McHenry was convicted of three counts of Assault with Intent to Murder, three counts of Felonious Assault, and one count of Felony Firearm. On October 24, 2013, Judge Bill ordered Mr. McHenry to serve one to four year concurrent sentences on each count of Felonious Assault, 14-to-25 year concurrent sentences on each count of assault with intent to commit murder, and a consecutive two-year sentence for the count of Felony Firearm. Mr. McHenry is currently incarcerated at Gus Harrison Correctional Facility in Adrian, Michigan.

In the fall of 2014, while Mr. McHenry’s direct appeal was pending before the Michigan Court of Appeals, the Wayne County Prosecutor’s Office began its own investigation into the validity of Mr. McHenry’s conviction. Investigators from WCPO devoted considerable time during the late fall/early winter of 2014-2015, and again late last summer and into the fall, delving into new evidence in an effort to determine whether Mr. McHenry’s convictions are sound. Our efforts resulted in an evidentiary hearing in 2015 at which new witnesses testified. In addition, a statement has been taken from a suspect in which he maintains that he, not Mr. McHenry, is the person who fired a weapon during the dispute with the complainants in 2012.

Prosecutor Kym Worthy said, “After extensively reviewing this matter with the investigators and assistant prosecutors I have determined that Mr. McHenry’s case should be resolved without the need for an evidentiary hearing. My office will continue to investigate the suspect’s possible involvement in the crime, but it is not in the interests of justice to wait for the conclusion of that investigation to grant Mr. McHenry relief. For these reasons, we notified the defense that it was the position of this office that Mr. McHenry’s conviction be set aside.”

The Michigan Department of Corrections will make arrangements for Mr. McHenry’s release from prison.

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Ikeie Ranordo Smith - of Redford Township, charged with multiple charges of Home Invasion, Criminal Sexual Conduct and other crimes throughout multiple jurisdictions, pled guilty as charged today to all charges in all nine pending cases during the course of trial in front of Honorable Dalton Roberson.

There was no plea deal and no sentence agreement. The sentencing hearing for Mr. Smith is scheduled for May 25, 2017. Please refer to the WCPO Weekly Case Updates (posted online at www.waynecounty.com/prosecutor - pages 46-48) for specific charges.

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Detroit Man Charged with Felon in Possession of A Firearm and Felony Firearm

Prosecutor Worthy has charged Gerald Day, 28 (DOB: 07/25/1989) of Detroit, with Felon in Possession of a Firearm and Felony Firearm.* On March 23, 2017, pursuant to a police investigation by the Grosse Pointe Woods Police Department, it is alleged that Day’ was in possession of a handgun in his home located in the 22200 block of Moross in Detroit. No further information will be provided about the case due an ongoing investigation. He was arraigned today in Grosse Pointe Woods Municipal Court at 3:00 p.m.

The Probable Cause Conference is scheduled for May 11, 2017 at 1:00 pm. The Preliminary Examination is scheduled for May 18, 2017 at 1:00 pm. Both hearings are scheduled to take place in Grosse Pointe Woods Municipal Court. The Court set bond at $1 million cash.

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

Wednesday, May 3, 2017

Durico Moses – Charged in the fatal beating of a woman found in a Highland Park abandoned garage – The defendant was bound over yesterday from Highland Park District Court to Circuit Court on charges relating to a January homicide in Highland Park.

Moses is expected to be arraigned in Circuit Court on May 9, 2017 at 9:00 am.

Thursday, May 4, 2017

Detroit Man Charged in Domestic Assault and Fatal Car Crash

Prosecutor Worthy has charged Dontae Eugene Lindsey, 34, (DOB: 5/1/83), of Detroit, in connection with a domestic violence incident and a fatal car crash. It is alleged that on May 2, 2017, Mr. Lindsey was involved in a physical altercation at a home in the 14000 block of Northlawn in Detroit. When Mr. Lindsey was confronted, he pointed a gun, and discharged the weapon while in the house. Lindsey then proceeded to exit the house while discharging the weapon, striking a vehicle. Mr. Lindsey left the location in a van.

Officers from the Detroit Police Department were dispatched to the Northlawn address and observed the van. The officers attempted to conduct a traffic stop but were led on a pursuit, until they lost sight of the van and called it off. Shortly thereafter, other DPD officers in another vehicle saw the van run a red light and crash into a car near Schaefer and Southfield. Mr. Lindsey was arrested at the scene. The occupant of the car that was hit did not survive.

Mr. Lindsey has been charged with Murder-Second Degree, Fleeing and Eluding Police Officers First Degree, Driving with License Suspended Causing Death, Discharge of a Weapon in a Building, Felon in Possession of a Firearm, three counts of Assault with a Dangerous Weapon, Using a Firearm in the Commission of a Felony, Domestic Violence, Assault and Battery, and Reckless Use of a Firearm.*

Lindsey was arraigned this afternoon in 36th District Court before Magistrate Bari Blake Wood. The probable cause conference is scheduled for May 12, 2017 at 8:30 a.m.; the preliminary examination is scheduled for May 19, 2017 at 9:00 a.m. Both hearings are before Judge Lydia Nance Adams in 36th District Court. The defendant was remanded.

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

Friday, May 5, 2017

Raymond Durham – Charged in connection with two non-fatal shootings of DPD officers - In a competency hearing today in 36th District Court before the Honorable Kenneth King, the parties stipulated to the finding that Mr. Durham was incompetent to stand trial. The Court set a review date of August 7, 2017 to determine whether Mr. Durham has been restored to competency. The hearing date was set for today to comply with the Competency statute.

Daniel Kerber - Defendant charged with fraudulently obtaining funds from the Wayne County Retirement System, was arraigned on larceny charges today in 35th District Court in Plymouth. He received a personal bond. A Probable Cause Conference is scheduled for May 26, 2017 in front of Hon. James Plakas and a Preliminary Exam is scheduled for June 2, 2017 in front of Hon. Michael Gerou. Both hearings are scheduled to take place in 35th District Court in Plymouth.

Kathleen Buda – Former Dearborn City Clerk charged with Misconduct and Embezzlement was arraigned in Circuit Court today before the Honorable Gregory Bill. The next court date is scheduled for May 17, 2017.

Juwan Plummer – Charged in connection with non-fatal shootings of two Detroit Police officers - the Preliminary Examination was held today at 1:00 pm in 36th District Court before Judge Kenneth King in connection with the non-fatal shootings of two Detroit police officers in April. Mr. Plummer was bound over to Circuit Court on all charges. The next court date is May 19, 2017 for Arraignment on the Information.

Robert Chaney – Charged in connection with a fatal car crash in April that killed two – the Preliminary Examination on all charges including Murder-Second Degree was adjourned and is now scheduled for May 17, 2017 at 11:00 am before Judge William McConico in 36th District Court.

Matthew Doss – Off-duty deputy charged in connection with a fatal car crash – is scheduled for a Probable Cause Conference before Judge Gregory Clifton on May 9, 2017 at 9:00 am and a Preliminary Examination on May 16, 2017 at 11:00 am. Both hearings are scheduled to take place in 25th District Court.

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

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