Today the Wayne County Prosecutorâ€™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. McHenryâ€™s conviction and sentence in the case. (See Joint Motion and Order attached.)
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. McHenryâ€™s direct appeal was pending before the Michigan Court of Appeals, the Wayne County Prosecutorâ€™s Office began its own investigation into the validity of Mr. McHenryâ€™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. McHenryâ€™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, â€œAfter extensively reviewing this matter with investigators and assistant prosecutors I have determined that Mr. McHenryâ€™s case should be resolved without the need for an evidentiary hearing. My office will continue to investigate the suspectâ€™s possible involvement in the crime, but it is not in the best 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. McHenryâ€™s conviction be set aside.â€
The Michigan Department of Corrections will make arrangements for Mr. McHenryâ€™s release from prison.