Monday, December 17, 2018

Donald Meyer - Riverview firefighter alleged to have submitted falsified time cards for unearned wages will have his sentence date adjourned from December 18, 2018, to December 20, 2018 at 9:00 a.m. before Judge Gregory Bill.

Tuesday, December 18, 2018

Westland Jail Death Case - Westland Sergeant Ronald Buckley, (DOB: 09/12/1964), and Westland Paramedics Matt Dicosola, (DOB: 06/20/1968), and Leah Maynard, (DOB: 02/14/1982), are charged in connection with the in-custody jail death of William Marshall, of Inkster. The testimony in defendants' preliminary examination concluded today. The judge has asked the parties to file briefs in the matter; oral arguments will be heard on January 18, 2019 at 9:00 a.m.

Wednesday, December 19, 2018

Romulus Man Charged with Indecent Exposure

Prosecutor Kym Worthy has charged David Lipscomb, 20, (DOB: 11/7/1998), of Romulus, in connection with exposing himself to a 60-year-old Van Buren Township woman. On December 16, 2018, at 2:58 p.m. at a Dollar Tree store located in the 10800 block of Belleville Road, it is alleged that defendant exposed himself to a woman who was shopping

in the store. She immediately reported the incident and police were dispatched to the area. The defendant was taken into custody at a store nearby the Dollar Tree.

Lipscomb has been charged with Aggravated Indecent Exposure, a 2 year misdemeanor.* He was arraigned this afternoon in 34th District Court and received a $20,000 bond. His pre-trial conference is on January 2, 2019.

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

DFD Captain Mike Nevin, President of the Detroit Fire Fighters Local 344 Union - The Wayne County Prosecutor's Office received a warrant request yesterday from the Detroit Police Department for Captain Nevin alleging that he disseminated sensitive information to the public. This afternoon the warrant request was returned to DPD for further investigation

DPD Officer Dewayne Jones - DPD officer charged in connection with assaulting a woman at Detroit Receiving Hospital. The preliminary examination was held in part and will resume on Tuesday, January 15, 2019

Isaac Anderson - Defendant charged in connection with an October 10, 2018 domestic violence assault on Rohns St. in Detroit. His docket conference has been adjourned from December 20, 2018 until January 11, 2019 by Judge Ulysses Boykin due to a scheduling issue.

Thursday, December 20, 2018

Southfield Man Charged in Russell Industrial Complex Homicide

Prosecutor Kym Worthy has charged Marcus Lawrence Beri, 23, (DOB: 05/22/1995), of Southfield, in connection with the fatal shooting of Ryan Nelson, 21 of Arlington, Tennessee.

On November 30 , 2018, at 7:30 p.m. at the Russell Industrial Complex located in the 1600 block of Clay Street it is alleged that Beri shot Nelson multiple times, and non-fatally wounded another man who accompanied Nelson. It is further alleged that Beri robbed both men of money. Detroit police officers and medics were dispatched to the location. Nelson expired at the scene from the injuries he sustained. The second male victim was transported to a local hospital and treated for his injuries. Investigation by the Detroit Police Department resulted in the identification and arrest of Beri. Further facts and evidence in the case will be placed on the record in court at the preliminary examination.

Beri was arraigned this afternoon in 36th District Court and was remanded to the Wayne County Jail. His Probable Cause Conference is scheduled for January 2, 2019 and his Preliminary Examination is currently scheduled for January 9, 2019.

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

Friday, December 21, 2018

Prosecutor Worthy Supports New Animal Cruelty Bills

House Bill 4332 and House Bill 4333 are two Animal Cruelty laws that can significantly enhance penalties for animal cruelty offenders. These bills have been presented to Governor Rick Snyder to sign into law.

Statement of Prosecutor Worthy

"The Wayne County Prosecutor's Office has been fighting continuously for reform in Michigan's Animal Cruelty laws since 2012. It has been long recognized that there is a connection between animal abuse and domestic violence. We have been prosecuting these serious cases for many years before that. The current laws are not sufficient enough to protect animals and hold offenders responsible for their conduct. We have been working with legislators on changes to the law for seven years. During that time there have been many law makers that have been fighting this battle with us, and we are very grateful for their support. This is certainly a positive step forward."

House Bill 4332

House Bill 4332 amends both MCL 750.50 and MCL 750.50b. It establishes first, second, and third degrees of killing or torturing an animal. The current maximum penalty for killing or torturing is increased from a four year to a ten year penalty for first degree killing or torturing of an animal. The law penalizes the intentional killing or torturing of a companion animal with the intent to cause mental suffering or distress or to exert control over a person. A companion animal is defined as an animal that is commonly considered to be, or is considered by its owner to be, a pet, or that is a service animal as that term is defined in section 50a. Companion animal includes, but is not limited to, dogs and cats.

The new bill also enhances the graduated penalties for animal neglect or cruelty and creates a new category for neglect /cruelty of 25 or more animals. Current penalty is four years for neglect/cruelty of ten or more animals. The bill establishes a four year penalty for neglect /cruelty of 10 to 24 animals and a seven year felony for neglect /cruelty of 25 or more.

It extends current animal neglect or cruelty prohibitions to a breeder or pet shop operator. There will be a felony penalty for animal neglect or cruelty by a breeder or pet shop operator who had five or more prior convictions under Public Act 287 of 1969, which regulates pet shops.

House Bill 4333

House Bill 4333 updates that sentencing guidelines. See attachment.

History the Legislative Initiative

In May 2012, two Wayne County Animal Protection Unit (APU) prosecutors proposed changes to the law to Prosecutor Worthy in a memo stating:

"APU has prosecuted several defendants every year under this statute. Most of the defendants have probationable cells despite horrific intentional crimes. Cases include burning a dog alive, executing a dog while it sits in the defendant's wife's lap, hanging a cat and sending the picture to an ex-girlfriend, poisoning a 12 year-old's turtles because the mother would not go out with the defendant, slamming a 6 month old puppy multiple times on the porch because of a break-up, and many more."

Senator Steve Bieda (D) and Senator Rick Jones (R) have supported legislative changes since the beginning of the effort by introducing WCPO's proposed amendments in the 2013-2014 Legislative Session. These bills were substantially similar to HB 4332 and HB 4333. Senators Bieda and Jones have remained dedicated reintroducing the bills in the 2015-2016 Session and again in the 2017-2018 Session.

SB 285 & 286 were introduced on March 21, 2013. The Senate passed the bills and the House Criminal Justice Committee voted the bills out for second reading, but they died in lame duck.

Senator Bieda and Senator Jones reintroduced the bills in the first weeks of the 2015-2016 Session (Jan. 22, 2015). SB 28 and SB 29 were recommended out of the Senate Judiciary committee but never left the Senate floor.

Senators Bieda and Jones with co-sponsors Senators David Knezek, Margaret O'Brien, Tory Rocca, and Ian Conyers introduced the bills again in 2017-2018 Session on March 28, 2017.

In the 2017-2018 session, for the first time, the House introduced bills proposing the same amendments also with bi-partisan support. Newly elected House Representative Tommy Brann (R), introduced HB 4332 and HB 4333 with Kimberly LaSata (R), Peter Lucido (R), Steve Marino (R), Patrick Green (D), and Jewell Jones (D) signing on as co-sponsors. HB 4332 was ordered enrolled on Tuesday, Dec. 18th. HB 4333 (the sentencing guidelines bill) has passed both houses and will be Ordered Enrolled today.

HB 4332 House Vote: 92 to 15 Senate Vote: 33 to 4 with 1 excused

HB 4333 House Vote: 90 to 17 Senate Vote: 33 to 4 with 1 excused

The Wayne County Prosecutor's Office would like to acknowledge the hard work and dedication of the legislators, as well as the Prosecuting Attorneys Association of Michigan. We are proud of the current and former Wayne County Assistant Prosecutors who have worked tirelessly over the years with legislators to change the law and prosecute offenders who would harm the most innocent creatures.

James Fleming - Detroit man charged in connection with the fatal shootings of Kenneth Darnell Hall, 50, and Bernice Clark, 66, both of Detroit. Today the Probable Cause Conference was held and the Preliminary Examination is scheduled for January 10, 2019 at 1:30 p.m. before Judge Michael Wagner.

Robert McLendon - Detroit man charged in connection with the December 5, 2018, shooting incident in the 3200 block of Hazelwood. The preliminary examination is currently in progress.

The Wayne County Prosecutor's Office will be closed from December 23, 2018 until January 2, 2019. If you need to contact Maria Miller please use her email or cell phone at 313-213-0457. Have a happy and safe holiday season.

Saturday, December 22, 2018

Detroit Man Charged In Fatal Car Crash on Jefferson Avenue

Prosecutor Kym Worthy has charged Jimi Pierowich, 30 (DOB:04/20/88), of Detroit in connection with a fatal car crash that killed Daryl Y. Brown, 50, was a retired Sterling Heights police sergeant.

On December 21,2018 at approximately 2:15 a.m. Brown was walking across East Jefferson Avenue and Beaubien with a male relative. As they crossed the street it is alleged that Pierowich was driving his car under the influence of alcohol when he struck Brown with his vehicle. Detroit police and medics were dispatched to the scene and conveyed Brown to a local hospital where he succumbed to his injuries. Pierowich was later located and arrested by the police.

The defendant has been charged with Operating While Intoxicated Causing Death.* He was arraigned today in 34th District Court in Romulus and received a 10,000/10% bond with an alcohol tether. Then Probable Cause Conference is on January 2 2019, and the Preliminary Examination is scheduled for January 7, 2019. His attorney is Elias Murwad.

"This is a very sad case. Mr. Brown was a man who dedicated his life to protect the public from harm. The alleged acts of the defendant took retired Sgt. Brown, from his family, friends, and the citizens of Sterling Heights. The defendant received a 10,000/10% bond with an alcohol tether. The Wayne County Prosecutor's office will look at the appropriateness of this bond and address it in court," said Prosecutor Worthy.

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