On Friday, December 6th, Bill Colovos, defense attorney of Marshella Chidester, appeared via Zoom for a pretrial hearing before Judge Daniel White, 43rd Oakland County Circuit Court in Monroe County, Michigan petitioning the court for an adjournment due to a recent injury after filing a series of motions received by the court late evening on the prior Wednesday. Attorney Colovos filed four motions including a request for change of venue, a request to stay the permit to take a video de bene essee deposition of the defendant’s sister, which would preserve the witness’ testimony if unavailable for trial, and a request for an evidentiary hearing to strike statements made by the defendant allegedly before being read her Miranda Rights. While it was expected that a change of venue motion would be filed as indicated by the defense early in the case when Attorney Bill Colovos made claims during an interview with the media that he did not believe Mrs. Chidester could receive a fair trial in her local community. As it relates to the video de bene essee deposition, the judge could essentially lift the stay as requested in the motion regarding the preservation of the defendant’s sister testimony forcing her to deliver her live testimony at trial. But the fourth and most concerning of the motions filed is the request to stay the proceedings pending criminal prosecution of her medical doctor who is a material and necessary witness. Dr. Ram Garg, a neurologist, presumably treating Marshella Chidester for her epileptic seizures, prescribing her pain medications and potentially responsible for clearing her to drive was recently charged and arrested for running a narcotic criminal enterprise in Taylor, Michigan. Police say Dr. Garg was operating a ‘pill mill”, that is, prescribing opioids to patients without medical need. He is also accused of insurance fraud for the billing of these unnecessary services. According to police, Dr. Garg is considered as contributing to the opioid crisis by “flooding the streets” with opiates. It is important to note, these so-called “pill mills” are generally a hub for the opiate-dependent population who commonly exhibit high drug-seeking behaviors. If approved by the judge, the motion to stay the proceedings will essentially halt the case of Marshella Chidester pending the outcome of Dr. Garg’s criminal prosecution who is facing 35 felony counts, allowing the defendant to remain free if her bond is continued. Notably, Judge White, presiding over the Marshella Chidester matter moved forward with the case schedule as previously advised and set trial to begin March 3, 2025 which is expected to last between one to two weeks. However, a motion hearing was scheduled on January 17, 2025 setting a deadline of January 10, 2025 for the prosecution’s response to the defense motions. In a recent interview with Fox 2 Detroit, Attorney Colovos told a reporter that he was alerted to the doctor’s arrest by the defendant, Marshella Chidester, and asked that the public reserve their judgements of the case until all of the evidence and facts of the case are presented. Related Articles: Trial Date Set For Marshella Chidester Marshella Chidester Remains Free After Two Court Hearings Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join
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Trial date is set for Marshella Chidester, defendant in the birthday party crash at the Swan Boat Club charged with killing two siblings and injuring fifteen others while driving under the influence, who did not appear for her most recent court proceeding on Friday, December 6th, attended only by her defense attorney, Bill Colovos, via Zoom at the date and time scheduled for a pretrial hearing before Judge Daniel White, 43rd Oakland County Circuit Court in Monroe County, Michigan.
Attorney Colovos presented to the court with a recent injury, requesting an adjournment of the hearing for the third time after, reportedly, sustaining a broken leg from a fall. Judge White advised regarding motions filed by the defense received late Wednesday evening including requests for a change of venue and to exclude statements made by the defendant at the scene of the crime on April 20, 2025, according to court records. The prosecution informed they would need time to respond to the motions which would be due January 10th and requested an extension. Judge White granted the extension scheduling a Motion Hearing on January 17, 2025 at 10 AM. The court also proceeded with the case schedule as previously advised and set the trial date on March 3, 2025 at 8 AM. Judge White blocked the full week on the court’s calendar through March 7th to allow additional days needed. The prosecution informed a second week may be required to complete the trial. Judge White made the following orders regarding the case schedule:
Marshella Chidester’s bond was continued and she remains free.
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Ex-Deputy Grayson is scheduled for a Status Conference on Monday, December 2, 2024. In the closely watched decision, the Appellate Court granted pretrial release for Sean Grayson, a high-profile defendant whose case garnered significant public attention leading to charges with multiple counts of premeditated murder, aggravated battery with a weapon and official misconduct for the murder of Sonya Massey, a woman suffering with mental illness after calling for emergency help to her home under suspicion of a prowler. Grayson plead not guilty to the charges but was previously denied bail by Judge Ryan Cadagin, Sangamon County Circuit Court prompting an appeal that has now been decided in his favor. The Appellate Court held the opinion that under the Pretrial Fairness Act, the State must prove the defendant is a danger to the community or a flight risk and that there are no pretrial conditions that would mitigate those risks in order to deny pretrial release.  The Ruling The Appellate Court unanimously ruled that the State did not have enough evidence to prove pretrial release conditions would not be sufficient in Grayson’s case. According to reports, the Court wrote: “A defendant’s conduct may be reprehensible and deserving of punishment but that is not an appropriate basis for imposing pretrial detention.” The Appellate Court did not include opinions regarding appropriate conditions. However, the lower court will now have to hold a hearing to determine conditions for Grayson’s pretrial release, but it is unknown if it will be addressed in Monday’s status conference. The prosecutor, ADA Milhiser, reportedly states intent to file an appeal to the Illinois Supreme Court for a review of the Appellate Court decision. According to reports, Milhiser states he is committed to keeping Grayson in custody because he has already proven he cannot comply with conditions and is a danger to the community after his inexcusable actions on July 6, 2024 when he killed Sonya Massey. While it is yet to be determined the exact conditions Judge Cadagin will impose for Grayson’s release, common conditions may include house arrest with electronic monitoring via GPS tether, travel ban including requirement of the defendant to surrender his passport, financial restrictions where the defendant would be prohibited from transferring funds without the court’s permission, and being prohibited from the possession or purchase of firearms. Related Articles: The Case For Transparency: The Sonya Massey Murder Trial of Ex-Deputy Sean Grayson Judge Rules On Media Coverage For Sean Grayson Trial In Sonya Massey Death Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join
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For the third, and likely final time, Judge Ryan Cadagin of Sangamon County Circuit Court in Springfield, Illinois recently denied the request for media coverage of the Sean Grayson trial, former Sangamon County Deputy. On October 17, 2024, Judge Cadagin delivered his final decision to bar public access to the trial following written opinions from both the prosecution and defense. The decision is regrettable as it undermines public interest and right to transparency and accountability in the justice system. Systemic Integrity In modern society, the principle of transparency is central to cultivating trust in civic institutions inherent in the foundation of democracy and civic order essential to social identity, and the judicial system is no exception. The practice of broadcasting court cases has become an increasingly discussed topic, raising questions about its impact on the legal process and public perception of justice. While there are valid concerns, the benefits of public access to court proceedings—particularly high-profile ones—are profound, as they promote disclosure, bolster public literacy, and reinforce integrity within the justice system. Promoting Transparency and Accountability in Justice The case of Sean Grayson centers on serious allegations against a law enforcement officer, a position inherently tied to public trust and responsibility. When an officer is accused of such a grave crime, the public has a vested interest in understanding how the judicial system addresses the matter. Broadcasting the trial allows for real-time transparency, mitigating perceptions of secrecy or preferential treatment for those in positions of authority. Historic cases such as the O.J. Simpson trial in 1995 highlighted both the challenges and advantages of televised proceedings. In recent years, televised trials, such as those of Derek Chauvin and Amber Guyger, have demonstrated the role that public access can play in holding law enforcement accountable. These cases not only captivated global audiences and spurred critical conversations about justice and systemic issues but showed the importance of evidence, the judicial process, and impartiality, allowing viewers to form their opinions based on firsthand information rather than relying solely on social media blurbs, conjecture or mass media propaganda. In many instances, the exposure has led to calls for legal reforms and a greater appreciation for judicial accountability. The judicial system is a cornerstone of democracy designed to operate in the public's interest. By televising court proceedings, citizens are given a window into how justice is administered, reduces perceptions of covertness or bias in the courtroom, and eases concerns about potential misconduct. When the public sees justice being served, it reinforces confidence in the rule of law.
Educational Value Televised trials also serve an educational purpose. Courtroom broadcasts provide a unique opportunity to educate citizens about how the criminal justice system operates, terminology, and the responsibilities of participants including the roles of the defense, prosecution, jury, and judge. In a case as complex and high-profile as this, with potential legal nuances regarding law enforcement protocols, self-defense, and use of force, public access can demystify legal processes and encourage empirical discussions on operational standards within law enforcement institutions as well as inform public policy. For many, the justice system remains an abstract concept understood only through fictional portrayals in movies and TV dramas. Real courtroom footage demystifies the process, fostering a more informed public. In addition, televised trials often serve as a catalyst for valuable discussions about societal ills at the heart of many cases from civil rights to systemic accountability. Strengthening Civic Engagement Public interest in high-profile cases—ranging from criminal trials to constitutional challenges—has the potential to unite communities around discussions of justice, ethics, and fairness. Televised courtrooms give citizens a front-row seat to issues that shape society, fostering informed discourse and civic participation. People are better equipped to form opinions about legal reforms or social policies when they understand how the judiciary functions. Counterarguments and Considerations Opponents of televised trials often raise concerns about the potential for media sensationalism, the impact on witness testimony or jury impartiality. While these are valid concerns, courts have developed guidelines to mitigate such risks, including restrictions on cameras during sensitive testimonies and careful jury selection processes. Furthermore, the public interest in this case outweighs these concerns. In an era where misinformation can spread rapidly, providing unfiltered access to the trial proceedings is one of the most effective ways to ensure an accurate narrative reaches the public. Honoring the Victim and Their Family The family of Sonya Massey, like many others in similar cases, deserves a transparent process to honor the memory of their loved one. Televising the trial ensures that the public recognizes the human cost of such tragedies and understands the stakes involved beyond legal arguments. Conclusion The trial of Sean Grayson for the alleged murder of Sonya Massey is not just a legal proceeding; it is a moment of reckoning for issues of justice, accountability, and the role of law enforcement in society. By televising the trial, the judiciary can demonstrate its commitment to transparency and public trust, reinforcing the principles of democracy and justice. This case is not just about one individual or one tragic incident—it is about ensuring that the public has faith in the systems designed to protect and serve them. Related Articles:
Judge Denies Media Coverage in Sean Grayson Trial Judge Reconsiders Media Coverage in Sonya Massey Murder Case Sean Grayson Wants Out of Jail, Files Appeal in Sonya Massey Homicide Case Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join LIKE | SHARE | SUBSCRIBE Thank you for Subscribing: https://www.youtube.com/c/CommunityAdvocateNetwork?sub_confirmation=1 Your donations are much appreciated and helps us continue to grow: CashApp: $canmichigan Paypal: paypal.me/dezignbee Become a channel member and join our private chat on Buy-Me-A-Coffee at a nominal fee for exclusive content and dialogue, special events, and much more:. https://www.buymeacoffee.com/canmichigan/welcome-community-698953 Want to host a live show with multiple guests? You should check out @streamyardapp (StreamYard)! Use this link to support our channel and receive a 10% discount. https://streamyard.com?pal=4611363136077824 Follow on Social Media: Facebook: @canmichigan Twitter: @can_michigan Instagram: @canmichigan
The abuse was discovered when police and the fire department responded to a Madison Heights mobile home approximately 2:30 p.m. after Elaina made an emergency call indicating Giovanni was not breathing. Authorities confirmed the child was unresponsive when they arrived and identified multiple injuries, according to reports.
The child was transported to the Ascension Macomb-Oakland Hospital and then transferred to Children’s Hospitals in Detroit where he succumbed to his injuries the next day. Autopsy reports determined the death was a homicide caused by blunt force trauma to the abdomen and a perforated bowel. His mother, Elaina Jennings, and her boyfriend, Daniel Giacchina have been charged with murder and first-degree child abuse after extensive evidence of severe abuse was uncovered. In a press conference on August 9, 2024, Oakland County Prosecutor, Karen McDonald described the abuse as one of the worst cases she had encountered. Daniel Giacchina faces additional charges regarding felony possession of a firearm and weapon possession by a prohibited person. Giacchina and Jennings are both additionally charged with lying to the police who accuse them of conspiring to blame Giovani’s injuries on the child’s biological father. After his arrest and, ultimate, release it was discovered that the child had been left in the care of his mother’s boyfriend, Daniel Giacchina. Evidence recovered during the investigation of Giovanni’s death included text messages, photographs, and videos documenting the abuses, which showed that he was often left injured and was allegedly mocked by his mother and her boyfriend, Giacchina.
What’s expected during the next hearing
During the preliminary exam prosecutors are expected to present substantial evidence collected, including witness statements and forensic data to the court. Magistrate Michael Mitchell will determine if the evidence establishes sufficient probable cause to move the case forward to trial. The case has garnered significant public attention, sparking calls for more robust child protection measures and scrutiny of systemic oversight lapses that may have allowed the abuse to continue undetected. Jennings and Giacchina remain held at Oakland County Jail without bond. Related Articles Lawyer For Convicted Oxford High School Shooter, Ethan Crumbley Appears To Defend Couple Charged in Abuse and Death of 6-Year Old Boy Couple Charged in Death of 6-Year Old Boy Stapled To A Wall Appear For Probable Cause Hearing
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 According to court records, a third request for media coverage was submitted on August 22, 2024 after the request was initially denied twice on July 18, 2024 at the defendant’s arraignment and, again, on July 24, 2024 during a subsequent hearing on a motion filed by Sean Grayson seeking pretrial release. Former Deputy Grayson has since sought relief to overturn his pretrial detention with the Illinois Appellate Court. Upon receipt on August 22nd, the court clerk was instructed to forward the media request to all parties, that is, both the prosecution and defense attorneys of record, allowing them 30 days to respond with their opinions and positions before the judge’s ruling. On October 17, 2024, Judge Cadagin denied the request for media coverage of the trial for the third time.  Related Article: Judge Reconsiders Media Coverage For Sean Grayson Trial After Appeal For Release in Sonya Massey Death Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join
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Crumbley, now represented by new defense counsel, has filed to appeal his life sentence outlawed by the U.S. Supreme Court in Miller v. Alabama (2012) for juvenile homicide offenders.
Probable Cause Hearing Magistrate Michael Mitchell opened the proceeding asking how the parties wish to proceed. Prosecutor Sarah Green advised the court of co-defendant’s request for a Preliminary Exam. APA Green informed that the preliminary exam will take time due to the voluminous amount of discovery tendered to the defense and requested that the hearing be scheduled at a later date with the court’s clerk off the record. Defense Attorney Ballard confirmed the continuous flow of discovery including the autopsy protocol received just a day before the current PCC hearing. Attorney Ballard requests on the record for all additional discovery be forwarded to each defense team to ensure both case files are complete with both Attorney Zuppke and the dual counsel of Attorneys Ballard and Loftin since the cases are inextricably linked. Attorney Ballard confirmed good communication between parties without dispute that discovery is continuing and ongoing from the prosecution. Attorney Zuppke only states an issue with cell phone analysis and requests the preliminary exam to be scheduled sometime in October to allow time for a complete review of discovery. Magistrate Michael Mitchell ruled in favor of scheduling the exam off the record and continued the bond for both defendant’s ongoing detention.
Oakland County Prosecutor, Karen McDonald said in a press conference on August 9th that “Chulo” died after a lengthy period of confinement and abuse.
Little Chulo was allegedly starved, beaten, shot with a BB gun, and held captive in the corner of a room where he slept on an 11 x 36-inch slat while being stapled to a wall held down with restraints. Prosecutors report that he was monitored by his abusers via a home monitor kept in the home to make sure he wasn't "misbehaving." “Misbehaving" was described by prosecutors as the child attempting to drink, urinate, or escape. The mother, Elaina, was charged because she is said to have not only been aware of the abuse but sometimes encouraged it. Chulo lived in the home with his mother, Elaina and boyfriend Daniel, Daniel's grandmother and two other siblings who were immediately removed from the home by authorities. Related Article: Couple Charged in Death of 6-Year Old Boy Stapled To A Wall Appear for Probable Cause Hearing
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A second request for media coverage was also denied on July 24, 2024 during a Motion for Relief hearing where defense attorneys requested reconsideration of the defendant’s pretrial detention. Grayson’s request for pretrial release was denied a second time and he appealed that decision on 08/09/24 with the Appellate Court. Court records indicate a third media request has been submitted on 08/22/24 and it appears the judge may be reconsidering his former rulings prohibiting media coverage of the trial. According to court records, court clerks were instructed to forward the media request to all parties, both the prosecution and defense, requesting their opinions on the issue and requiring them to respond in 30 days. The Significance of Media Coverage and Public Demand While the media may, understandably, present as a bit invasive, and, possibly disruptive to court proceedings, it is important to satisfy high public interest and protect the accurate dissemination of information especially in the face of a volatile political culture climate. Besides this, publicizing legal proceedings can significantly contribute to the public’s understanding of jurisprudence, raise awareness of criminality (various types of crimes), inform public policy, and influence public opinion. It is of no consequence that the increased attention media can have a tangible impact, rather positive or negative, on the criminal justice system. The scrutiny of mass media and public demand have been known to pressure law enforcement to swift, and, sometimes aggressive action in response to high profile cases. Public scrutiny can also be problematic, such as contaminating the jury pool if allowed too soon in the process where jurors may be prejudiced against a defendant. Other problems with media coverage include misleading news such as “disinformation campaigns,” and information can be hard to control once released to the public, which can present a myriad of issues for the prosecution and defense of a case. However, it is not only at the judge’s discretion to allow media coverage, they can also control who and to what extent the media and/or public are allowed to access the proceedings. Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join
LIKE | SHARE | SUBSCRIBE Thank you for Subscribing: https://www.youtube.com/c/CommunityAdvocateNetwork?sub_confirmation=1 Your donations are much appreciated and help us continue to grow: CashApp: $canmichigan Paypal: paypal.me/dezignbee Become a channel member and join our private chat on Buy-Me-A-Coffee at a nominal fee for exclusive content and dialogue, special events, and much more:. https://www.buymeacoffee.com/canmichigan/welcome-community-698953 Want to host a live show with multiple guests? You should check out @streamyardapp (StreamYard)! Use this link to support our channel and receive a 10% discount. https://streamyard.com?pal=4611363136077824 Follow on Social Media: Facebook: @canmichigan Twitter: @can_michigan Instagram: @canmichigan For more articles, community resources and to join our email list: https://www.canmichigan.com  SPRINGFIELD, IL | Former Deputy Sean Grayson, defendant charged for the death of Sonya Massey in early July, filed an appeal with the Illinois Appellate Court for reconsideration of his pre-trial detention after being denied by Sangamon County Circuit Court Judge Cadagin reportedly due to the inability to receive proper medical care for the treatment of colon cancer. Grayson was indicted on three counts First-Degree Murder, one count Aggravated Battery with a Firearm and one count Official Misconduct after responding to the home of Sonya Massey on July 6, 2024 in response to an emergency dispatch call shortly before 1 a.m. requesting police assistance due to a suspected prowler. Deputy Grayson and a second officer entered Ms. Massey’s residence after clearing the perimeter of the home. It remains unclear why entrance into the home was necessary rather than concluding the investigation relevant to the emergency call and leaving the scene. Grayson and the unnamed second officer continued their investigation by requesting identification from Ms. Massey which quickly turned into an altercation over a pot of boiling water leaving Massey with a gunshot wound to the head. She died a short time later at the hospital from her injuries. he incident was turned over to the Illinois State Police (ISP) by Sheriff Jack Campbell, Sangamon County Sheriffs Department for an independent investigation. Officials determined that Grayson’s actions were unjustified and reckless. He was charged and indicted by a Grand Jury on July 17, 2024. Deputy Grayson was arraigned on July 18, 2024 where he plead not guilty and was remanded to the custody of Sangamon County Sheriffs until trial. Defense attorneys filed a Motion for Relief, requesting pre-trial release of the defendant at his arraignment on July 18th but was denied. A Motion for Relief requesting reconsideration of Grayson’s pre-trial release was filed on August 8, 2024 which the judge denied for a second time. Grayson filed an appeal with the Illinois Appellate Court on August 9, 2024. A Notice of Appeal was submitted to the Sangamon County Circuit Court Clerk on August 21st. Defense attorneys reportedly expect a response to their appeal in at least 90 - 120 days.  The Family of Sonya Massey After Pretrial Hearing on 08/26/24, Bing Images (2024) The State of Illinois has a 3-tiered judiciary system: the Circuit Court, Appellate Court, and Supreme Court. An appeal in the State of Illinois generally takes 6 – 9 months but can take as little as one month or as long as a year or more depending on the caseload of the court. Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join
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They are both represented by Attorney Jordan Zuppka of Royal Oak, MI Probable Cause Hearing APA Sarah Greene, Oakland County’s Prosecutors office, reported over 200 pages of actual discovery and an additional 200 files of interviews, photographs, and body cam footage identified that need to be forwarded to the defense. Parties agreed the hearings would be more productive if reset for a later date due to the voluminous amount of discovery involved. Magistrate Michael Mitchell determined it would be in the best interest to waive the 21-day rule in both the Giacchina and Jennings’ cases and found “good cause” to adjourn the hearings based on the ongoing investigation and due to only a portion of the discovery being tendered with a lot more outstanding. 
Daniel Giacchina appears for probable cause hearing in the 43rd District Court, Oakland County.
During his hearing, the defendant Daniel Giacchina appeared to object to delaying the proceedings but was not acknowledged by the court.
Elaina Jennings made no objections to the delay and appeared to cooperate with the court’s decision. The probable cause hearing was reset for September 11, 2024 @11 a.m. Conflict of Interest Parenthetically, it should be noted that joint representation of codefendants is uncommon in criminal matters. The cases of Daniel Giacchina and Elaina Jennings gives rise to the potential for conflict of interest that could lead to a mistrial. Similar to the James and Jennifer Crumbley case in the Oxford High School mass shooting where Judge Cheryl Matthews took the initiative to appoint independent counsel for both defendants to advise them without replacing their current attorneys. In the Crumbley cases which were eventually severed, Judge Matthews asserted that incompatibility positions may arise at any moment and expressed concern for the protection of their individual rights should these or other conflicts arise, in addition to the potential for appeal based on claims of ineffective assistance of counsel (IAC). The court has not yet addressed this issue at this stage of the process but will likely have to obtain waiver’s from Giacchina and Jennings if they are going to continue to be represented by the same attorney.
The mother, Elaina, was charged because she is said to have not only been aware of the abuse but sometimes encouraged it.
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 Marshella Chidester Probable Cause Hearing (Bing Images, 2024) Eyewitnesses and victims testified to what they heard, saw and experienced of the incident while law enforcement experts delineated through the science of the investigation. The evidence was startling. Video footage captured everything from the very moment Mrs. Chidester left her home, engaged in another accident where she hit a tree and crashed her neighbors car before purportedly fleeing in the direction of the boat club where she drove her vehicle 25 feet through the building causing the death of two children and over a dozen other injuries. Tests revealed a blood alcohol level of 0.18, double the legal limits of the State of Michigan. The vehicle’s Event Data Recorder (EDR) showed a throttle percentage of 96.6% with the break off at a driving speed of 44.3 mph at the point of impact. In real world implications, the State’s case was able to show that not only was Mrs. Chidester ‘legally drunk’ but that she engaged in another accident, fled, and drove through the Swan Boat Club building at nearly 45 mph with the gas pedal to the floor, without breaking. Defense Attorney Bill Colovos tried to argue that the evidence failed to reach the standard of probable cause to charge his client with murder due to her medical conditions which caused her to black out and her legs to freeze. The judge disagreed and bound her over for trial. Related Articles:
Marshella Chidester To Stand Trial in Double-Homicide in Birthday Party Crash Suspect in Birthday Party Crash, Marshella Chidester Released on Bond Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join LIKE | SHARE | SUBSCRIBE Thank you for Subscribing: https://www.youtube.com/c/CommunityAdvocateNetwork?sub_confirmation=1 Your donations are much appreciated and helps us continue to grow: CashApp: $canmichigan Paypal: paypal.me/dezignbee Become a channel member and join our private chat on Buy-Me-A-Coffee at a nominal fee for exclusive content and dialogue, special events, and much more: https://www.buymeacoffee.com/canmichigan/welcome-community-698953 Want to host a live show with multiple guests? You should check out @streamyardapp (StreamYard)! Use this link to support our channel and receive a 10% discount. https://streamyard.com?pal=4611363136077824 Follow on Social Media: Facebook: @canmichigan Twitter: @can_michigan Instagram: @canmichigan
Murder charges faced by Mrs. Chidester may run consecutive or concurrent if convicted for each death under the same transaction, according to the judge. Either way, she faces life in prison. Each murder charge carries a potential life sentence, OWI Causing Death carries a possible 15 years or $2500 to $10,000 monetary sanction and OWI Causing Injury carries a maximum 5-year penalty or $1,000 to $5,000 fine.
Defense attorney, Bill Colovos, pleaded with the court to be wary of pre-judgement penalties despite the horrors of the case since the defendant has not yet been found guilty of any charges. Colovos struggled to argue over the explosive outbursts of the courtroom gallery. He emplored the judge to consider that Mrs. Chidester has no priors, is 66 years of age, has owned her home more than forty years and lives a peaceful life in retirement with her husband. Mrs. Chidester is a retired supervisor of a nuclear plant from DTE Energy. She has been retired for 9 years, according to news reports. Colovos states, “She doesn’t even have a traffic ticket in fifty years of driving…and over sixty years of living; he continued, "She is better than me.” Her attorney denies prior legal system involvement despite being described as “…a ‘known drunk’ whose drunk-driving caught up with her,” by a fellow-member of the Swan Boat Club who spoke via Zoom during the arraignment hearing. Attorney Colovos further advised the court that Mrs. Chidester suffers from occasional epileptic-type seizures in her legs since last November (2023) which she was treated for that day without any medical restrictions on driving, except for a few months, prior to the accident. The defense requested a $100,000 bond with home confinement. The prosecutor refutes the claim stating that besides testing significantly above the legal limit for intoxication, there is no evidence that she suffered from a seizure the day of the crash. Colovos attempts to dispel rumors blurted out by courtroom attendees informing the court that Mrs. Chidester had ingested a single glass of wine and a bowl of chili about 4 hours prior to the accident, somewhere between 11 a.m. – 12N. The boat club crash occurred around 3 p.m. The judge allowed a few victim-impact statements, not a common occurrence at the arraignment stage of the prosecutorial process and proceeded with his ruling. The Ruling The judge determined that a $1.5 million dollar was appropriate based on the two murder charges, both carrying life sentences Mrs. Chidester was ordered on bond release with conditions: first, monitoring by GPS tether. The defendant was ordered to report to pre-trial services, attend any court directed appearances for examination, trial, sentencing, etc. She must obtain court approval to leave the state, notify the court of any change in address or other contact information, surrender her passport, refrain from alcohol and other controlled substances, and submit to substance testing and monitoring, She is also prohibited from operating a motor vehicle and the purchase or possession of a firearm or other dangerous weapon. Marshella Chidester was bound over for a probable cause hearing on April 30th before Judge Michael Brown. Related Article:
Marshella Chidester Will Stand Trial For Double-Homicide in Birthday Party Crash Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join LIKE | SHARE | SUBSCRIBE Thank you for Subscribing: https://www.youtube.com/c/CommunityAdvocateNetwork?sub_confirmation=1 Your donations are much appreciated and helps us continue to grow: CashApp: $canmichigan Paypal: paypal.me/dezignbee Become a channel member and join our private chat on Buy-Me-A-Coffee at a nominal fee for exclusive content and dialogue, special events, and much more: https://www.buymeacoffee.com/canmichigan/welcome-community-698953 Want to host a live show with multiple guests? You should check out @streamyardapp (StreamYard)! Use this link to support our channel and receive a 10% discount. https://streamyard.com?pal=4611363136077824 Follow on Social Media: Facebook: @canmichigan Twitter: @can_michigan Instagram: @canmichigan Marshella Chidester, a 66-year old Michigan woman appeared in court on June 27, 2024 for a Preliminary Hearing after being charged with two counts of Second Degree Murder, two counts of Driving Under the Influence causing death, and four counts of Driving Under the Influence Causing Injury. Mrs. Chidester is accused of crashing a birthday party killing two children and injuring multiple others at the Swan Boat Club in Monroe County. Alanah Phillips (8) and her younger brother, Zayn Phillips (4) died on the scene. Video footage obtained by law enforcement captures the incident in real time as Mrs. Chidester’s vehicle approaches the boat club through a parking lot at a high rate of speed and plows through the side of the building where families gathered to celebrate a child’s birthday. William Schmidt, a neighbor, captured the footage from his video surveillance on the roof facing his driveway in sight of the boat club just feet away from his home and his cell phone. Mr. Schmidt testified at the Preliminary Hearing that he “heard a loud bang” and proceeded to go outside to check it out while going to walk his dog. He further informed the court that he observed the large hole on the side of the boat club and initially believed the incident was caused by some kids. He decided to take out his cell phone and record as he approached observing the smoke cloud and loud screams coming from inside. He entered the boat club through the hole in the building and recorded the footage of party attendees lifting up the car, a 2017 Ford Edge and scrambling to remove debris in an effort to rescue children trapped under and behind the wreckage. Little Alanah Phillips was found near the passenger side tire pinned against the wall or door frame between the pavilion and the walkway. Zayn Phillips was pinned between the front driver side tire and the wall, according to police testimony. Both Alanah and Zayn died on the scene. Marshella Chidester was bound over to the 38th Circuit Court for trial. Join this channel to get access to perks: https://www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join
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The Amnesty Program is a settlement program that assists drivers in reducing costs for traffic violations and only applies to adjudicated cases. That is, cases where the individual has been before a judge for a final decision on the total amount owed. So, if you have failed to appear for a court date on a traffic ticket you need to contact the 36th District Court and schedule a hearing. According to court clerks, hearings are being scheduled approximately two weeks out and citizens can appear for adjudication without fear of penalty costs or being arrested if you have a warrant. Once the full ticket amount is paid, drivers will receive a ticket clearance to present to the Secretary of State as proof that the violation is settled or resolved. The Secretary of State will remove any prior suspensions where applicable. However, you will be assessed a “reinstatement fee” of $125 in order to restore your license. Changes in suspended licenses that may affect your driving record On October 1, 2021, Michigan’s new Clean Slate Laws went into effect which prohibits drivers license suspensions for issues unrelated to driving safety such as missed court dates and unpaid fees. Drivers, however, will accumulate points on their driving record for moving violations which remain on your record for two years after conviction. After accumulating 12 points, the Secretary of State may require you to report for reexamination including a road test, written test of your knowledge of traffic safety, and vision test. Points cannot be removed from your license even after you’ve paid all outstanding tickets. The Secretary of State cannot set aside a court conviction or the points accumulated on your record. Revoked driver’s licenses in Michigan An individual’s driving privileges can be revoked for a lifetime after two DUI/OWI convictions within seven years. You are eligible to apply for a Michigan driver’s license reinstatement after one year following your first revocation. Individuals experiencing revocation of their driving license in Michigan may require an attorney to get their license back. How to find your outstanding traffic tickets and fines The following are options to look up your driving record to see if you have outstanding tickets, suspensions, and how much they cost. For tickets in Detroit-Wayne County, you may access your ticket history online at: www.36thdistrictcourt.org/online-services/case-inquiry-schedule The 36th District Court online portal is a free tool. You do not need a case number to view your ticket history. Your name and birthdate is sufficient. Statewide Traffic Ticket Search You may purchase a copy of your complete driving record for any outstanding tickets throughout the State of Michigan from the Secretary of State online via the website: www.michigan.gov/sos or by mail. To purchase your driving record online:
You do not need a certified copy of your driving record to participate in the Detroit summer amnesty program. Related Articles and Links: Wayne County Detroit's 36th District Court Launches Amnesty Program 2024 www.canmichigan.com/blog/wayne-county-detroits-36th-district-court-launches-amnesty-program-2024 Join this channel to get access to perks:
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Wayne County Detroit’s 36th District Court announced the return of its Amnesty Program on June 10, 2024 to help individuals burdened by traffic infractions restore their driving privileges by alleviating accumulated late fees, penalties and warrant costs.
The initiative applies to all adjudicated cases with assessed fines and costs. Drivers are required to pay the full amount of the original ticket cost, but all other penalties and fees will be entirely waived.
Drivers must contact the court to schedule a hearing before a judge to adjudicate tickets and cancel warrants from previous Failure to Appear cases.
According to 36th District Court staff, court hearings are typically being scheduled two (2) weeks out before you can see a judge for a formal judgement to resolve each case. Individuals with outstanding misdemeanors and traffic cases including arrest warrants are eligible to participate. City of Detroit residents who wish to take advantage of this settlement program during the amnesty period have three (3) payment options:
Kiosk locations may be found at: https://locations.divdatkiosknetwork.com Search for cases, outstanding tickets and balances at: www.36thdistrictcourt.org/online-services/case-inquiry-schedule For updates, frequently asked questions and additional information, visit the court’s website at: www.36thdistrictcourt.org or by contacting the court’s Traffic Division at: (313)965-2200, Monday through Friday, 8:00 a.m. – 4:30 p.m. The Amnesty Program begins Monday, June 24th – August 2nd.
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An appeal was filed to challenge the life sentence of convicted Oxford High School shooter, Ethan Crumbley, after pleading guilty to 34 charges on October 24, 2022 including four counts of first-degree murder and one count of terrorism, according to an announcement on last Friday, June 7, 2024 by the Michigan Appellate Defender Office.
Ethan, now 18, is currently serving his prison sentence in protective housing due to his notoriety at an all-male facility in Manistee County. The appeal requests a trial court review based on new evidence and asks the Court to grant a “constitutional sentence” appropriate for a 15-year old child. Appellate lawyers argue that a life sentence “for a child is unconscionable.” The U.S. Supreme Court ruled in Miller v. Alabama (2012) that life sentences for minors were “cruel and unusual punishment,” in accordance with the 8th Amendment, but did allow for sentencing juvenile offenders to life when the child is proven to be incorrigible.
Ethan Crumbley was sentenced to life without the possibility of parole commonly known as an LWOP sentence on December 8, 2023 after killing four students and injuring seven others including a teacher on November 30, 2021 when he opened fire at Oxford High School.
His parents, James and Jennifer Crumbley, were later prosecuted and sentenced to 10 – 15 years in separate trials after being charged with four counts of involuntary manslaughter due to their failure to secure the weapon used in the shooting and ignoring their son’s mental health needs. James and Jennifer Crumbley have also filed an Intent to Appeal claiming wrongful convictions.
Representatives of the Defender’s Office indicate that Ethan may not have been fully aware of the consequences when he pleaded guilty and emphasize that children can change.
They intend to present new evidence about the challenges Ethan faced in childhood and will produce seven witnesses who can attest to his struggles, his mother’s alcohol abuse during pregnancy, and the impact of Fetal Alcohol Spectrum Disorder on the social and emotional development and functioning of children whose maturation may present younger than their chronological age. The Fetal Alcohol Syndrome defense was also used in trial for the Parkland Florida Massacre but is not recognized in the Diagnostic Statistical Manual (DSM) of mental health disorders by the American Psychological Association (APA). The defense team also wants to present expert testimony from a mental health professional experienced in pointing out circumstances indicative of the probability of psychopathologies in evaluating a life without parole sentence. Implicating the inadequacy of mental health testimony for the defense during trial.
Appellate lawyers also motioned the sentencing court on May 10th for the presentencing reports of James and Jennifer Crumbley arguing that the documents contain mitigating information about the parent’s drinking habits, psychological issues, history of brushes with the law and family life which could potentially reduce Ethan’s life sentence.
They further asked the Court to release the documents under a protective order which would prohibit public access. That request was denied by Judge Cheryl Matthews of Oakland County Circuit Court in agreeance with the parent’s objections. Jennifer Crumbley’s attorney responded arguing the reports are “privileged and confidential” and the refusal to waive that statutory privilege allowing disclosure of the report. The attorney of James Crumbley argued that Ethan is “able-bodied” and “capable of advising his counsel” directly regarding his childhood, parents and home environment. Similarly, Ethan, by and through his attorneys denied his parent’s access and use of his medical records during trial and refused to testify on their behalf. Ethan’s new attorneys purport that his childhood and family life had not been thoroughly investigated prior to his sentence in December 2023. During Ethan’s guilty plea, he admitted to the intent to terrorize the school and community and witness the sufferings of his victims and their families as asserted in his manifesto. At sentencing, Ethan stated his parents nor the school were to blame and were unaware of his intentions. He also asked the judge to give the victims the justice they deserve. Oakland County prosecutors have not responded for comment. Thank you for Subscribing: www.youtube.com/c/CommunityAdvocateNetwork?sub_confirmation=1 Join this channel to get access to perks: www.youtube.com/channel/UCNjC37yL_8cRUF4jD3h6S1w/join Please consider making a donation: CashApp: $canmichigan Paypal: paypal.me/dezignbee Become a channel member and join our private chat on Buy-Me-A-Coffee at a nominal fee for exclusive content and dialogue, special events, and much more:. www.buymeacoffee.com/canmichigan/welcome-community-698953 Want to host a live show with multiple guests? You should check out Streamyard: https://streamyard.com/pal/c/4611363136077824 Follow on Social Media: Facebook: @canmichigan Twitter: @can_michigan Instagram: @canmichigan 
Bing.com Images, 2023
There are two types of appeals under Michigan law: an appeal of right and appeal by leave.
An appeal of right also known as an “absolute right” refers to the defendants right to appeal the judgement of the trial court and the appellate court must hear the appeal so long as the defendant demands it and follows all the rules for filing the appeal. An appeal by leave such as the appeal filed by James and Jennifer Crumbley, parents of the Oxford High School shooter may or may not be heard at the discretion of the higher court. Although either side may appeal a conviction under the Michigan statute, defendants have the absolute right to appeal a guilty verdict and the sentence imposed, but the government may only appeal a sentence, not the verdict if the defendant is found not guilty. Only the appellate division, that is, the Court of Appeals or Supreme Court in Michigan, has the authority to review the decisions of lower courts. Appeals are typically filed based on errors in trial procedures or a judge’s interpretation of the law.
Defendants must convince the Court that the police, prosecution, or judge made a legal error during the pre-trial investigation, trial, or sentencing hearing and that the error was prejudicial to their case.
That is, the Appellate Court must find that the lower court made a severe error of law and show that the factual or legal error affected the outcome of the case. Some examples include:
The Appellate Court may either affirm a judgement causing the lower court’s decision to stand, reverse a decision, alter the sentence by setting it aside or order a new trial.
Ethan Crumbley was sentenced to Life without the possibility of parole on December 8, 2023.
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Five Memphis Police Officers from the 'Scorpion Unit' criminally indicted for the death of Tyre Nichols.
Multiple officers and EMT workers have been terminated, while five members of the so-called "SCORPION UNIT" have been criminally charged in this case. The following videos are the actual body cam and Sky Cop footage released by the Memphis Police Department (MPD) in an effort to facilitate transparency due to overwhelming demand and public outcry. WARNING: The following videos contain graphic material and are not suitable for children. Your donations are much appreciated and helps us continue to grow: CashApp: $canmichigan Paypal: paypal.me/dezignbee Become a channel member and join our private chat on Buy-Me-A-Coffee at a nominal fee for exclusive content and dialogue, special events, and much more:. https://www.buymeacoffee.com/canmichigan/welcome-community-698953 Want to host a live show with multiple guests? You should check out @strea myardapp (StreamYard)! Use this link to support our channel and receive a 10% discount. https://streamyard.com?pal=4611363136077824 Follow on Social Media: Facebook: @canmichigan Twitter: @can_michigan Instagram: @canmichigan For more articles, community resources and to join our mailing list: www.canmichigan.com Photo credits: Bing Images  Photo Credit: Bing.com Ethan Crumbley, suspect in the Oxford High School shooting pled guilty this morning to 24 counts of felony charges in a Pre-Trial hearing before Judge Kwame Rowe of the Oakland County District Court (52-3). Ethan was charged after killing four students and wounding seven others including a teacher last November. His charges include one count of terrorism causing death, four counts of first-degree murder, seven counts of assault with intent to commit murder, and 12 counts of felony firearm possession. Legal analysts describe the Crumbley case as “groundbreaking” as this will be the first school shooter to be convicted of terrorism in the U.S. Additionally, the case marks the first of its kind to charge the parents of a mass shooter. James and Jennifer Crumbley, parents of Ethan Crumbley, continue to face four counts of involuntary manslaughter. Their case is currently under appeal with the Michigan Supreme Court. Both Ethan and his parents have been held at the Oakland County Jail since last year.  The 8th Amendment Loophole As proceeding move to the penalty phase considerations for next steps loom for victims, families, and the general public who keep a close watch on the case. Legal experts suggest that a lot rides on the decisions of Oakland County Prosecutor, Karen McDonald, as to whether or not she will pursue a life sentence without the possibility of parole (known as an LWOP) for Ethan. But there’s a little more at stake that will have to be taken into consideration. Namely, the 5-4 Supreme Court decision in Miller v. Alabama (2012) where life sentences for juvenile offenders was deemed unconstitutional. In short, the Miller decision determined that life sentences for juvenile offenders violated the 8th Amendment prohibition clause of “cruel and unusual punishment.” A tentative court date for what Judge Kwame Rowe referred to as a Miller Hearing has been scheduled for February 9, 2023. LIKE | SHARE | SUBSCRIBE Thank you for Subscribing: https://www.youtube.com/c/CommunityAdvocateNetwork?sub_confirmation=1 Photo Credit: Bing.com Your donations are much appreciated and helps us continue to grow:
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Oxford parents react, "...we want answers..."
Parents of Oxford High School students reacted to this decision in a recent article on Local 4 News, Click-on-Detroit. Some express the necessity to give parents of the victims and the Oxford, Michigan community-at-large closure as soon as possible without having to relive the details of this tragedy in what could possibly be a lengthy trial. Many other parents and families express disappointment saying, “…we want answers about the decisions that were made before the shooting.” In the face of ongoing civil action against the Oxford High School District, many feel that bypassing trial will further deprive them of the details they need as to what all went wrong that day. Parents have already accused school officials of ‘lack of transparency’ in recent district meetings after being denied an investigation into the actions of school personnel on the day of the shooting and many still harbor concerns about their children’s safety in school. 
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PROSECUTION'S TIMELINE OF EVENTS LEADING UP TO THE
OXFORD HIGH SCHOOL SHOOTING
Photo Credit: Bing.com
Parents struggle with transparency in the Crumbley case
The ‘facts’ of the case is the issue to parents who are looking forward to the trial. Many believe that the entire community of Oxford has been victimized by this crime and have a right to full disclosure, not just those who were injured or died and their families. The fear is that critical information will be sealed and lost forever. In a recent defense motion in the James and Jennifer Crumbley case, parents of Ethan Crumbley, Oakland County Circuit Court Judge Cheryl Matthews partially ruled in favor of the prosecution. Defense attorneys for James and Jennifer Crumbley motioned the court in an attempt to Limit and Restrict Prosecution Statements to the public. The motion was filed as a result of the Oakland County prosecutor’s office who sends out regular case updates to Oxford residents, indiscriminately in the opinion of the defense. But in the judge’s opinion, there are more victims than the four children who died but urged the prosecution to exercise discretion in making details of the case available to the public. The Crumbley Case highlights public health crisis in Michigan The Ethan Crumbley case brings to the fore many issues surrounding mental health, juvenile justice, gun violence and gun safety laws. There are currently no gun safety storage laws in Michigan. Gun retailers, however, are required to sell a gun storage box with safety lock for each gun purchase. In December 2021, Michigan Attorney General Dana Nessel advocated for Child Access Prevention Laws (better known as CAP Laws) following the Oxford High School shooting which would simply require firearm owners to store their guns safely and securely out of the access of children. Although more than 50 bills for safe gun storage have been proposed, all have failed to pass in the Michigan State legislator. In the Up North Live article, AG Nessel is quoted as stating the problem lies with Michigan legislators who have been paid off by the NRA and gun lobbyists to tank these bills, namely House Bill 5066 introduced in June 2021 which has been stuck in committees despite overwhelming support by Michigan residents. Visit the Song Strong webpage to map information on gun safety laws by state. Ethan’s Law: Gun Storage Laws State Map Follow our ongoing coverage of the Ethan Crumbley and James and Jennifer Crumbley cases on the Community Advocate Network channel. LIKE | SHARE | SUBSCRIBE Thank you for Subscribing: https://www.youtube.com/c/CommunityAdvocateNetwork?sub_confirmation=1 Your donations are much appreciated and helps us continue to grow: CashApp: $canmichigan Paypal: paypal.me/dezignbee Become a channel member and join our private chat on Buy-Me-A-Coffee at a nominal fee for exclusive content and dialogue, special events, and much more:. https://www.buymeacoffee.com/canmichigan/welcome-community-698953 Want to host a live show with multiple guests? You should check out @strea myardapp (StreamYard)! Use this link to support our channel and receive a 10% discount. https://streamyard.com?pal=4611363136077824 For more articles, community resources and to join our email list: https://www.canmichigan.com Follow on Social Media: Facebook: @canmichigan Twitter: @can_michigan Instagram: @canmichigan
Metro Detroiters are getting their first glance of Malcolm Hardy, 16-year old suspect in the triple homicide leaving a 5-year old dead, when he appeared in court on Monday for a probable cause conference before 36th District Court Judge Kenneth King, and is the latest alleged juvenile homicide offender as Michigan grapples with a seemingly crime wave of violence committed by minors.
Malcolm Hardy, a Detroit teen charged as an adult with three counts of felony murder, three counts of first-degree premeditated murder, two counts of armed robbery, and eight counts of felony firearm after what investigators call a robbery gone bad.
A second teen suspect, now released for lack of evidence, along with Hardy are said to have murdered a young couple and a five-year old child execution-style on February 18th approximately @9:27 p.m. at a Detroit West Side home on Evergreen during an attempted robbery and is alleged to have been familiar with the boyfriend. The victims of this crime have been identified as LaShon Marshall (aged: 28), her boyfriend, Aaron Benson (aged: 32), and her five-year old son, Caleb Harris, who sustained two gunshot wounds to the head. The juvenile suspect, Malcolm Hardy, was taken into custody on February 25th and arraigned on 16 counts of criminal charges the next day. 
Malcolm Ray Hardy, 16, appearing for virtual probable cause conference.
Malcolm Hardy Probable Cause Hearing
Hardy appeared for a virtual probable cause conference with his attorney, Evan Callanan, Evan H. Callanan, PC of Belleville, MI who petitioned the court for a continuance of the probable cause proceedings due to a high volume of discovery. Wayne County Assistant Prosecutor Micheal S. Glynne appeared on behalf of the state. The hearing was adjourned until 4/12/22 @11:30 a.m. All parties agreed to proceed with the preliminary exam the same day @1:30 p.m. Hardy is remanded to remain in custody at the Wayne County Juvenile Detention Facility in compliance with the Juvenile Justice and Delinquency Prevention Act (JJDPA). 
Only a small memorial remains of the young family who shared this home on Evergreen Road in Detroit, MI before this tragedy on February 18, 2022.
Juvenile Justice Reform Laws The Juvenile Justice and Delinquency Prevention Act (JJDPA) prohibits housing juvenile defendants with adult inmates while awaiting trial, even when charged as an adult. The exception to adult detainment for juvenile offenders may occur where a judge finds that it is in the interest of justice including public safety to do so such as in the case of the Oxford High School shooting suspect, Ethan Crumbley, who was deemed a "menace to other juveniles" by Judge Nancy Carniak during his probable cause hearing in Oakland County's District Court and denied transfer from Oakland County Jail to Children's Village following a recent Placement Hearing by Circuit Court Judge Kwame' Rowe on February 22, 2022. In such cases, the law requires sight and sound separation of juveniles from adult prisoners. The most significant trends in juvenile justice reform has come at the enactment of the Juvenile Justice and Delinquency Prevention Act of 2018. The core components of the Act addresses three major areas of reform:
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Subscribe on YouTube: https://www.youtube.com/channel/UCNjC... Follow our indepth coverage on the Ethan Crumbley case in our private chat on Buy-Me-A-Coffee at a nominal fee for exclusive content and dialogue, review court documents, and much, much more: https://www.buymeacoffee.com/canmichi... Want to host a live show with multiple guests? You should check out @streamyardapp (StreamYard)! https://streamyard.com/?pal=461136313... Use this link to support our channel and receive a 10% discount. Follow on Social Media: Facebook: @canmichigan Twitter: @can_michigan Instagram: @canmichigan Author: Noni Lovechild, February 4, 2022
Musaalih's Struggle: Dying Before Death The worst thing about schizophrenia is that it erases the person you used to know. The teen that used to love to dress, his Jordans and clothes had to match. The teen that brought a homeless friend home and asked if he could stay with us. No one would think of the young man that cared about others anymore, his illness shadowed his personality. The son I knew before was gone. When his illness overtook him or he was in psychosis (as it is referred to in medical terms), no one including me wanted to be around him sometimes because when he had an episode he was a danger to himself and to others. This is a mother's perspective but situations described are facts to how his life and death happened. Musaalih Kerr suffered from schizophrenia from the age of 16 until he died at the age of 25. He was born in Detroit, Michigan but lived in Toronto, Ontario with his dad and brother until the age of 9 when he came back to live with me full time. He was loved by his Canadian family and myself and his two other siblings in the U.S and spent summers and holidays in Michigan. Once he moved to America full time, he attended special education classes in Berkley Public Schools. Criminalization of Mental Illness Around the age of 16, he started talking to an invisible person as if he could see what no one else could. He started acting violently, breaking things. One day I came home from work, ketchup was on the walls in the kitchen. I called the ambulance. Musaalih had multiple hospital stays. Too many to count, but when he pulled a knife on his brother I called the police and they weren't very understanding. He did not have a knife when they arrived but they said he ran five feet and charged him with resisting arrest. I didn't understand how a person who was in a psychosis could be charged with resisting arrest. He was placed in Children's Village and I was billed. I did not care about the bill if he got help but a judge sent him home after a week. A social worker saw us leaving when I told her he was released and she said "Oh no," like she didn't think it was a good idea. When I saw the same social worker as he was now 17 and in and out of adult court, she said that she saw it coming in Children Village. I worked in the office of a major health care provider; and, like most folks, knew nothing about the law so I felt intimidated in the courtrooms with the legal mumbo jumbo talk. When the court appointed lawyer suggested that my son accept one plea deal after another, I felt he had no other options from resisting arrest, so we agreed. Although numerous hospitals said he was incompetent the court always said he was competent as if they had what no medical expert has, a cure for schizophrenia. He sometimes was sentenced to probation after months in jail. Do the system really believe that a mentally ill person can fulfill probation? He was in and out of jail for years, going round and round in a system that wasn't working because it didn't offer what he needed, long term commitment in a mental hospital. The Untimely and Unexplained Death of Musaalih  Musaalih Kerr died in 2016 after being neglected in Oakland County jail. His cause of death is listed as trauma to the spine but I never received any answers from the jail as to how it happened. I felt that they didn't care because jail is not a place for the mentally ill. They weren't equipped to handle him. I just know he walked into the jail after being arrested at a group home for incapacitated adults after assaulting another resident. A group home where the residents lived alone.
Although the police knew it was a group home for the mentally ill, they did not take Musaalih to a hospital to be evaluated...nope, straight to jail. If he was having a seizure or in psychosis he was put in jail in that state and left to starve to death. After he died a social worker at the jail told me that he refused his medicine as if we expect the mentally ill to make sound decisions. He collapsed in jail and stopped breathing. He was shocked back to life and put on life support long enough for the jail to say he didn't actually die in jail but jail is where he last breathed on his own. How did I find out that my son was on life support? I went to my son's court date and he wasn't there. Outside the heavens had opened and the sky was dark grey with thunder and lighting. I will never forget that day. I would never see the light of his smile again. I didn't know the storm that day was a sign as I left the court in the heavy rain. I called the jail and was told he's in the hospital. I emailed the Oakland County Sheriff and he agreed that I could visit my son in the hospital for one hour. Naively thinking he acted up in jail and they may have sent him to a hospital for mental health issues, I wasn't prepared when I was instructed to go to the Intensive Care Unit. I was shocked to see him on life support with machines and tubes keeping him alive. He was a quadriplegic, paralyzed from head to toe, but he was awake. Just two beautiful eyes staring at me. Although he couldn't move, so there was no chance of him escaping, his leg was shackled to the bed. The two police officers in his room were laughing and joking about a football game on the TV. He never left the hospital or breathed on his own again. The jail said that there were no cameras in the area he was kept so there were no answers I asked the prosecutor to drop the charges so that I could be with him. She agreed and on the next visit the two police officers were not there. A mentally ill young man was kept where there are no cameras, it didn't make sense. I talked to several lawyers: Fieger, Morrison, Solomon and one more but they said without a smoking gun like a video, no lawyer would open a case. Michigan's Failing Mental Health Care System The question I am posing is did the services he received address the needs of his illness or did it fall short? I understand my son's case was difficult and like some schizophrenic persons sometimes his episodes were violent. When his illness didn't take over his mind he was well liked with hopes and dreams like any other young person. I am not advocating that violent mentally ill persons shouldn't be taken off the streets. I am advocating for the Sate of Michigan to be proactive instead of reactive. How can we as a State be more proactive? There is only one solution, one answer: a state hospital. Would we rather channel some of our tax dollars to have a safe long-term facility for the mentally ill or do we want our schools and communities to be unsafe? Because I am sure not having a facility is driving up the crime rate. Do we continue risking the chance of someone we love running into a mentally ill person on the streets or at school that should have been committed if a facility was available? My heart goes out to my son's victims and thankfully no one was killed or seriously hurt by him during his psychotic breaks. I made the mistake of removing him from a nursing home in 2014. He was put off a greyhound bus and placed in an Illinois State hospital and later a nursing home, which was a miracle. His story was featured on "Dan Rather Reports: Bus Ticket to Nowhere". The show reported about Nevada putting the mentally ill on buses and sending them out of town. (Musaalih went to Nevada after one of his numerous bouts in jail). After he was released from the state hospital in Illinois he was placed in a nursing home which speaks volumes that he was treated with more compassion in Illinois than his home State of Michigan. After six years of him begging me to not let him die in a nursing home because he was too young to live in one, I used my heart and not my head and brought him back to Michigan. A year later he was dead. I own this mistake of bringing him back to Michigan and live with it everyday. Lake Park Nursing Home where he lived had a program where residents could get their own apartment but he could not qualify with a warrant hanging over his head in Michigan for probation violation and could not get disability checks with a warrant. I wanted to get his legal trouble over so he could get more services but I failed to realize Michigan did not see a sick young man but an African American criminal. He had to serve time in jail after coming back to Michigan. After his release he was placed in group homes, where he could go and come as he pleased. I told the court that he was in a locked nursing home in Illinois and needed a secured facility but was told there weren't any places available.  Michigan's State-Funded Neglect: The Group Home System The group homes took his bridge card but I always had to use my money to take him food In one of the homes his clothes were stolen. I saw with my own eyes that the group home industry in Michigan is just another hustle for some owners. Not any real care for the residents. I have a video of my son in one group home (shown above) where he was left alone with no food and no other clients or staff. I complained to adult services but the owner was given a heads up so when she was inspected, a few can goods miraculously appeared and a few other clients were moved to the house for the inspection. I was dismissed as the lying parent. After I saw group homes weren't working for my son; he was getting arrested from the group homes I tried everything in my power to have him recommitted but was told Michigan doesn't have a State Hospital or long-term facilities. So he had about 30 short-term stays at different hospitals. I think the longest stay the insurance would pay for was 30 days. A social worker at one of his many hospital admittances told me that in Michigan most schizophrenic persons are in prison. What we refuse to see is that in order for them to get to prison there had to be a victim or victims. As a society if we don't care about the mentally ill, shouldn't we at least care enough to prevent anyone from being a victim? Why do we care about the victims after the fact instead of being proactive in getting those that need to be committed off the streets before a crime is committed. Are we satisfied calling the mentally ill monsters after the fact? Being happy that it wasn't our child or family member hurt in a crime like a school shooting this time? I was so adamant that my son not be on the streets. that I refused to pick him up from one hospital stay hoping that they would do what Illinois did and find him a safe place. My punishment was loss of guardianship. His punishment was death after the system that took over his care failed him. When a parent or family member knows that their loved one is a danger there is nowhere to turn in Michigan. What's the point in having a mental health system today that doesn't work? I am always given the same answer, former Governor John Engler closed the state hospital. Although my son's legal guardian told me, as if it's a well kept secret, that there is a place in upstate Michigan. My guess is that, if true, it is only for some and definitely not those from the inner cities. Nonetheless, he said he would get Musaalih placed there. It took a few months but someone called and asked for my son. When I said he was dead...they hung up. I always had this feeling that it was the facility the court appointed lawyer guardian mentioned. Mental Health To Prison Pipeline I feel black teens with mental illness are just sent to jail. They are thrown away. When it's time to build prisons we have no problems getting funding. Money is always available. Why can't we take a portion of this money and invest in building a State Hospital for the mentally ill? This would reduce the crime rate dramatically. We are quick to use words like monster after a tragedy involving a mentally ill person but don't want to make changes to keep them and our communities safe.
Ethan Crumbley, the 15-year old Oxford Township teen facing charges in connection with the Oxford High School mass shooting on November 30, 2021 is scheduled to appear before Judge Nancy Carniak of Oakland County’s 52nd District Court, Division 3 in Rochester Hills, MI on Friday, January 7, 2022 at 9:00 a.m. to resume the probable cause hearing.
Assistant District Attorney Keast is expected to provide evidence that the defendant, Ethan Crumbley did in fact commit the crimes of terrorism, murder, and assault with intent to murder while possessing a firearm at Oxford High School on the students and faculty as well as the community of Oxford Township as outlined in the indictment. The conference will be held virtually as ordered by Judge Nancy Carniak who will make a determination if the evidence presented by the prosecution is sufficient for further proceedings. According to Michigan Court Rules, the defendant may waive his rights to a preliminary exam where a potential plea deal or reduced charges may be reached and proceed directly to trial. Probable-cause conference adjourned - resumes on Friday In the previous probable cause hearing held on December 13, 2021, the defense purported Ethan’s lack of supportive services available with his current detainment in adult custody and violation of the state’s juvenile confinement statute alleging the defendant’s ability to hear adults due to his close proximity to inmates while being held in the medical facility. Defense attorneys advocated for the defendant’s transfer back to Oakland County’s Children Village in concern for his mental, emotional, and physical well-being as well as providing a conducive environment to continue his education. Prosecutor, Assistant District Attorney Keast offered rebuttal citing Mich. Ct. R. 6.909 and MCL 764.27(a) which delineates release and confinement rules prior to trial and sentencing for juvenile defendants. Judge Carniak upheld her decision for Ethan to remain in adult custody deeming him a menace to other juveniles. The hearing was adjourned to accommodate what was described as “excessive amounts” of discovery for the defense to review. The state’s case against Ethan Crumbley 
Ethan is the sole suspect as the lone gunman in the fatal high school massacre which caused the death of four students: Hana St. Juliana (14), Tate Myre (16), Madisyn Baldwin (17), and Justin Shilling (17) as well as injuring seven others including a teacher: Phoebe Arthur, John Ascuilto, Molly Darnell, Riley Franz, Elijah Mueller, Kylie Osege, and Aiden Watson.
He was arraigned on Monday, December 6, 2021 via virtual conference and has plead not guilty on all counts.
Ethan Crumbley facing two dozen charges
Ethan Crumbley has been charged as an adult on one count of Terrorism Causing Death, a felony punishable by life without parole or a minimum of 25 – 40 years and maximum of at least 60 years; four counts of First-Degree Murder for the slain Oxford High School students, a felony punishable by life without parole or a minimum of 25 – 40 years and maximum of at least 60 years; seven counts of Assault with Intent to Murder for the surviving victims including six students and one teacher who were injured, a felony punishable by life with any number of years; and, twelve counts of Felony Possession of a Firearm or Possession of a Firearm in the Commission of a Felony, a felony charged in conjunction with the charges of terrorism, first-degree murder and felony assault punishable by 2 years consecutively with and preceding any term of imprisonment for a felony or attempted felony conviction. He is currently being held without bond at the Oakland County Jail. Images: Bing.com
Identity theft protection may be offered free of charge by some nonprofit organizations, but the costs associated with identity theft protection services typically provide monitoring and recovery services as well as regular access to your credit reports or credit scores.
Visit IdentityTheft.gov to locate free identity theft protection services and assistance. What is Considered Identity Theft? Identity theft is a crime that can be prosecuted as a misdemeanor or felony depending on the State and severity of the offense in which a criminal fraudulently acquires all or a portion of personally identifiable information (e.g. social security number, driver license number, etc.) for the purposes of impersonating someone else to unlawfully obtain money, property, credit, services, U.S. citizenship, or to commit acts of domestic terrorism. Identity theft may also be criminally charged and prosecuted as impersonation or fraud. The dollar amount or value of stolen property is the distinguishing factor between a misdemeanor or felony. State law establishes the minimum amount or value of the property usually between $500 to $1000 to be considered a felony theft. According to Smarter Shredding, Inc. the following facts are related to identity theft:
But identity theft crime is not just about credit fraud. A criminal armed with your personal information like social security numbers and your date of birth has unlimited access to wreak havoc on every area of your life and for many years to come. Consider what can be done with that type of information? For example, filing tax returns, stealing money from your bank or investment accounts, getting medical care, or even committing other crimes, to name a few. Personal information like your name, birthdate, and social security number are permanently attached to your identity and will never change. That is why data breaches are so problematic when credit files are compromised. Criminals can assume and use your identity for an indiscriminate number of years long after the breach. Identity theft protection will either prevent or, at least, minimize those damages. Consumer data breaches are more common than most realize. Since 2008, there have been eight (8) major data leaks affecting over 100 million consumers each. The two most recent, Equifax in March 2017 and Capital One in July 2019 caused consumers to become increasingly concerned with identity theft and securing identity theft protection. In fact, the growing demand for identity theft protection is largely due to aroused consumer awareness of the nearly incessant corporate data breaches in recent years, most scarcely reported. 
The Capital One Data Breach
The latest to fall victim to a data hack was Capital One, again, affecting 100 million people in the U.S. and 6 million in Canada. Capital One alleges that the breach was manufactured by a single software engineer. Paige A. Thompson, formerly employed with Amazon Web Services (AWS). It is reported that Thompson was able to exploit a misconfiguration in Capital One’s AWS server (a credit application firewall stored on an Amazon Web Services cloud) through an incognito browser and private IP network which conceals one’s online activities to access the data. Amazon confirmed Thompson’s employment which ended in 2016, yet the breach is alleged to have taken place between March and July 2019. The Capital One breach is probably the most egregious because it impacted individuals and small businesses that applied for credit with the company during an extended period of time between 2005 and early 2019. It also involved a more extensive theft of consumer records that would be most advantageous to criminal assumptions of consumer identities. Financial analysts surmise the potential for political and regulatory actions including penalties up to $150 million against Capital One as the compromised server was under its direct management. According to Capital One’s statement, approximately 140,000 social security numbers and 80,000 linked bank accounts were compromised. Due to the size and frequency of data leaks, cyberattacks have become the biggest threat to the U.S. financial system. Most companies have taken great strides in cybersecurity to prevent outside attacks but have little defense against inside hackers. As a result, consumer data vulnerabilities will come into question among tech companies, cloud firms and banks as to how they will limit and control access to consumer data and detect potentially rogue employees. In the meantime, consumers must be proactive in protecting their identities and minimize the damages of criminal activity. The Eight Largest Data Hacks of the 21st Century The following are the eight (8) largest data hacks of the 21st Century, according to Markets Insider (July 2019).
Number of people affected: 3 billion user accounts Data released: Names, email addresses, dates of birth, and phone numbers
Number of people affected: 500 million Data released: Names, contact information, credit card numbers, passport numbers, Starwood Preferred Guest numbers, and travel information
Number of people affected: Over 412 million Data released: Names, email addresses, and passwords
Number of people affected: 145 million Data released: Names, addresses, dates of birth, passwords
Number of people affected: 143 million Data released: Social security number, birth dates, addresses, and driver license numbers
Number of people affected: 134 million Data released: Credit card information
Number of people affected: 110 million Data released: Credit/debit card and contact information
Number of people affected: 106 million Data released: Names, addresses, self-reported income, phone numbers, some credit card data status including credit balances and limits, payments, and transaction history –credit card numbers and log-in credentials not compromised.
How to Freeze or Lock Your Credit to Protect Your Identity
The best way to protect yourself against identity theft is to place a security freeze on your credit and the service is offered by all three major credit bureaus free of charge. A security freeze is designed to prevent credit, loans and services from being approved in your name without your consent but may also delay or interfere with or prohibit the timely approval of any subsequent requests or application you make regarding new credit, loans or services. Take the following two (2) steps to freeze your credit:
Please note: Credit Karma and Credit Sesame only monitor your Vantage credit score and not the FICO score which is more commonly used by lenders. The Vantage Score will not be an accurate depiction of your credit rating and how lenders determine risk in extending credit. If you decide to purchase credit monitoring services with expanded features (e.g. security freeze, identity theft insurance, etc.) it is not necessary to purchase more than one (1) service at a time. Also, make sure that you have access to your credit report and score multiple times a year upon request with your purchase.
To request a credit freeze by mail, you must submit your request by certified mail with all applicable attachments as required per each credit bureau.
Each credit bureau offers a Fraud Alert option which allows you to keep your credit file open to creditors but receive notifications when a credit lender accesses your credit file or opens a new account in your name. The Fraud Alert option is used as a more convenient identity theft protection strategy to avoid going through the process of lifting a credit freeze each time you apply for new credit or loans. How to Lift, Unfreeze, or Thaw a Credit Freeze A credit freeze may be temporary or permanent at your discretion. But, once you have frozen your credit and decide to apply for a new loan, line of credit, or utility account the freeze must be lifted for lenders to access your credit file. If you opt to lift a credit freeze by phone or mail, you will be required to provide a PIN number, password, or other personal information to verify your identity. The PIN number will be provided to you at the request for a credit freeze. If you lose or forget your identifying information (e.g. PIN, password, etc.) you may access this information by visiting the credit bureau’s website (listed in the chart above) or by phone. Use the chart above to contact each credit bureau for specific instructions. The Identity Theft Protection Loophole The loophole in consumer financial records involve the lesser-known credit reporting agencies that store and share consumer credit and other important financial information. The number of these “specialty” credit reporting agencies and the extent of data they retain remains a looming threat to consumers even with identity theft protection strategies in place. There are literally dozens (about or at least, 30) of said credit agencies according to a CBS News report (May 2018) that retain credit files on consumers. It is recommended that you contact each of these agencies that may be retaining data files of your financial information to initiate a credit freeze or lock as appropriate. One of which may apply to most everyone is the National Consumer Telecommunications and Utilities Exchange (NCTUE). The National Consumer Telecom and Utilities Exchange (NCTUE) is a member association database, powered by Equifax through which its “member companies” exchange consumer source-anonymous information such as:
The NCTUE association also share consumer payment data from utility bills, including:
NCTUE is one of many credit reporting agencies that warehouse consumer credit, payment, and banking data to determine risk in extending credit or opening new accounts. Consumer data is stored with these “specialty” credit reporting warehouses for a myriad of transactions, including but not limited to:
A link is provided below for a list of “specialty credit reporting agencies” published by the Consumer Financial Protection Bureau. It should be noted that although NCTUE is powered by Equifax, it is technically a separate organization from the credit bureau and freezing your credit file with Equifax does not affect your NCTUE file. This means that criminals may still access and open new utility, cable, or telephone accounts in your name if you fail to take measures to protect your identity with NCTUE. You will need to contact the National Consumer Telecom and Utilities Exchange (NCTUE) to place a security freeze on your Disclosure Report. The three options for sealing your Disclosure Report with NCTUE are:
You may contact NCTUE to inquire if it maintains a file of your financial information at: NCTUE Disclosure Report P.O. Box 105161 Atlanta, GA 30348 PH: 1(866) 349-5185 For instructions on how to place a voluntary security freeze on your NCTUE data file: NCTUE Security Freeze P.O. Box 105561 Atlanta, GA 30348 PH: 1(866) 343-2821 To place a fraud alert or active duty alert on your Disclosure Report: NCTUE Alerts P.O. Box 105425 Atlanta, GA 30348 PH: 1(866) 349-3233 To opt-out of the Disclosure Report: Exchange Services Center: NCTUE Opt-Out P.O. Box 105398 Atlanta, GA 30348-5398 PH: 1(888) 327-4376 It is important to note that opting-out of the NCTUE Disclosure Report will also prevent you from receiving pre-approved credit offers. You may also be required to submit your name, address, social security number, and data birth with your request for a security freeze. The National Consumer Telecom and Utilities Exchange (NCTUE) consumer reporting agency is regulated by the Fair Credit Reporting Act (FCRA) and subject to its statutes. See the link below to the NCTUE website for more information and instructions. Identity Theft and Assumption Deterrence Act The Identity Theft and Assumption Deterrence Act of 1998 established identity theft as a federal crime regulated by the Federal Trade Commission (FTC) with penalties up to fifteen (15) years in prison and a maximum fine of $250,000. The law identifies the person whose identity was stolen as the true victim where only the credit grantors who suffered monetary losses were previously considered the victims. The legislation further enables the Secret Service, Federal Bureau of Investigations (FBI) and other law enforcement agencies to combat identity fraud crimes and allows financial restitution to victims of identity theft if there is a conviction. Identity Theft Penalty Enhancement Act The Identity Theft Penalty Enhancement Act of 2004 establishes penalties for aggravated identity theft or identity theft in connection with the commission of a felony. Aggravated identity theft is punishable by a minimum sentence of imprisonment for two (2) years or by imprisonment for five (5) years if it relates to a terrorism offense. According to the Congressional Research Service, CRS (2015) “The two-year offense occurs when an individual knowingly possesses, uses, or transfers the means of identification of another person, without lawful authority, during and in relation to one of more than 60 predicate federal felony offenses (18 U.S.C. 1028A). Section 1028A has the effect of establishing a mandatory minimum sentence for those predicate felony offenses, when they involve identity theft.” The sentencing court, therefore, has the discretion not to “stack” multiple aggravated identity theft counts and may impose a sentence of less than the mandatory minimum. A link is provided below for more information on the Identity Theft Penalty Enhancement Act. Related Posts: How to Claim $125 From the Equifax Data Breach Class Action Lawsuit Settlement https://www.canmichigan.com/blog/equifax-data-breach-class-action-lawsuit-settlement How to Avoid DTE Utility Fraud: Beware of Telephone Imposters https://www.canmichigan.com/blog/how-to-avoid-dte-utility-fraud-beware-of-telephone-imposters Links: Capital One is the latest company to get rocked by a massive data breach. Here are the 8 largest hacks of the 21st Century. https://markets.businessinsider.com/news/stocks/8-largest-hacks-and-data-breaches-of-the-21st-century-2019-7-1028399924 The Capital One breach is unlike any other major hack, with allegations of a single engineer wreaking havoc https://www.cnbc.com/2019/07/30/capital-one-hack-allegations-describe-a-rare-insider-threat-case.html Capital One shares dive after data breach affecting 100 million https://www.cnbc.com/2019/07/30/capital-one-shares-dive-after-data-breach-affecting-100-million.html How to freeze your credit with Equifax, Experian and Trans Union https://clark.com/credit/credit-freeze-and-thaw-guide/ This Equifax credit database can boost your risk of phone fraud https://www.cbsnews.com/news/equifax-managed-nctue-credit-database-can-boost-your-risk-of-phone-and-utility-fraud/ What are specialty consumer reporting agencies and what kind of information do they collect? https://www.consumerfinance.gov/ask-cfpb/what-are-specialty-consumer-reporting-agencies-and-what-kind-of-information-do-they-collect-en-1813/ Disclosure Reports Provide Consumer Information Contained in Their Data Report (NCTUE) https://www.nctue.com/Consumers Identity Theft Protection following the Equifax data breach https://www.consumerfinance.gov/about-us/blog/identity-theft-protection-following-equifax-data-breach/ Federal Trade Commission: Identity Theft and Assumption Deterrence Act https://ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/identity-theft-and-assumption-deterrence Identity Theft Penalty Enhancement Act http://www.smartershredding.com/identity-theft-penalty-enhancement.php Mandatory Minimum Sentencing: Federal Aggravated Identity Theft https://fas.org/sgp/crs/misc/R42100.pdf President Signs into Law H.R. 1731, The Identity Theft Penalty Enhancement Act https://www.ssa.gov/legislation/legis_bulletin_072004.html [Opinion] Texas and Ohio Mass Shootings: Gun Violence Associated with Mental Health Is A Myth8/6/2019
The National Alliance on Mental Illness (NAMI) released a formal statement indicating that the public is misled when people with mental illness are iniquitously presumed culpable in the national conversation on gun violence everytime we experience a mass shooting tragedy
According to NAMI (2019), the national discourse on gun violence is contrary to research findings and only “serves to perpetuate stigma and distract from the real issues.” NAMI further advocates gun violence restraining orders, or “Red Flag” laws for ending gun violence to remove guns from anyone who poses a real, evidence-based risk of violence, and to prevent erroneously targeting people with mental health conditions. Evidence-based criteria on the relationship between gun violence and mental health There are certain conditions that increase the risks of violence among a small portion (only about 4%) of the mentally ill. Determinant factors that increase risk of violence:
According to NAMI, although treatment is the most comprehensive way to reduce risk of mental illness escalating to gun violence. less than 1/3 of adults and 1/5 of children diagnosed with mental illness are treated in a given year. Still, research suggests that most people with mental illness are not violent and are most likely to harm themselves or fall victim to violence rather than become perpetrators. The hypocrisy, deflection, and rhetoric that undermine appropriate gun laws It is important to point out that the current Administration immediately revoked the Obama-era legislation preventing the mentally-ill from buying or owning guns. The very group touted as a root cause of the gun violence epidemic. On February 28, 2017, President Trump signed the H.J. Res. 40 (Public Law No. 115-8) into law which reversed Obama’s Executive Order to add the names of approximately 75,000 recipients of Social Security for mental illness to the national background database (NICS). Spokesmen for the Trump Administration claimed that the Obama bill was rolled back because it included all disabled persons who were capable of responsible gun ownership. This is untrue. The Obama rule would have, however, made it difficult for persons with mental illness to purchase or possess guns. The NRA suggests that the Obama regulation infringed on Second Amendment Rights to buy guns when, in fact, the rule specifically targeted people receiving social security checks with a clinical mental health diagnosis. In recent statements, the GOP blamed mental illness and video games for the rise in gun violence and mass shootings. But critics indict Trump and the GOP as complicit in the crisis along with those who have the propensity, capability, and access to exact mayhem on the public by avoiding the real issues like banning military-style assault weapons and racism. National Disparities in Access to Mental Health Care NAMI reports, of the one in five Americans who suffer with mental health conditions, only 43% accessed care in 2018. The lack of mental health professionals throughout the country is a significant factor in the mental health treatment disparity. According to the National Alliance on Mental Illness (NAMI), more than 60% of U.S. counties do not have a single psychiatrist causing long waits in accessing care for victims, survivors, and first responders impacted by gun violence tragedies. NAMI calls for a national priority for access to mental health care by Congress and the Administration to assist those who are traumatized and protect communities especially during times of senseless violence. It is recommended that policies and programs are available which provide access to:
Federal and state policy and program recommendations are based on removing barriers for people who are willing to seek treatment when they need it and improving access to treatment as a solution to gun violence associated with mental illness. Links are provided below for more recommendations for federal standards to remedy gun violence associated with mental health. 
Mental Health Care Disparities in Michigan
Southwest Solutions released a report of unmet mental health and substance abuse treatment needs in Michigan according to a study by the Michigan Health Endowment Fund (July 2019). According to the report, one in six Michiganders experience mental illness, yet approximately 38% are not receiving treatment. That is nearly 660,000 individuals with mental health conditions are going untreated. About 50% of untreated mental health cases are in the Detroit area. Likewise, an estimated 80% of the 638,000 Michigan residents with substance use disorders (SUD) are also untreated. Related factors in untreated mental health care:
Across payor types, Medicaid recipients are most likely to remain untreated for mental illness.
Mental health disparities for people with specific disorders who lack appropriate care or do not receive treatment are also highlighted in the report:
Additionally, 41% of male children and more than 1/3 of female children (ages 0 -17) with mental illness are not receiving care in Michigan. The study cites a combination of factors for the mental health care crisis in Michigan, such as a shortage in mental health professionals including psychiatrists and other behavioral health providers which limits access to treatment. According to the report, the availability of mental health services fall short of national ratio standards particularly in the northern half of the Lower Peninsula and parts of the Upper Peninsula. Michigan has 11 child and adolescent psychiatrists per 100,000 residents far below the recommended 47 to 100,000 ratio. Mental health residential treatment facilities are also in short supply in Michigan. With only 17 facilities over-populated with 590,000 consumers per facility far beyond the U.S. average of 240,000 per residential facility is also an indicator for the gap in services.
Former Republican Governor, Rick Snyder considered red flag legislation in 2018 that is currently supported by Democratic Governor-elect, Gretchen Whitmer. The proposal allows for family or law enforcement to obtain an “extreme risk protection order” on an individual who poses a valid threat of danger to themselves or others to be banned from buying or owning a firearm for a specified amount of time. But due to partisan divides and Republican control of both chambers it is not likely in the foreseeable future that legislative reforms to purchase or carry in Michigan will change. Michigan GOP leaders posit that “red flag laws would violate an individual’s rights to due process and ignore the underlying issue of the country’s mental health crisis”, according to Rep. Beau LaFave (R-Iron Mountain), The problem with this assertion is that studies by reputable mental health organizations suggest that mental illness, the most pervasive public health crisis in America is rarely associated with the rise and extent of mass shootings we’ve experienced in recent years. While some argue that mental health is the fundamental problem, others cite the growing deterioration of race relations (racism) as the real issue. And, in fact, young, male, white nationalists have tended to be the recurring theme as culprits in the majority of these “hate crime” massacres as of late. What is President Trump doing to address gun violence? In the press conference held in the wake of the El Paso and Dayton shootings, President Trump addressed with his proposed plans to address both the gun violence and mental health crisis. The president persisted in the rhetorical dialogue that culture, video games, and mental illness underpin domestic terrorism. In an attempt to condemn racist acts of violence, President Trump states, “culture must be shifted from one that celebrates violence to one that celebrates the inherent dignity and worth of every human life.” He further quotes, “Mental health and illness pulls the trigger not the guns.” Some of the steps he promises to take to end and prevent gun violence include:
There was no mention of reversing the H.J. Res. 40 to add the names of individuals with mental health diagnoses to the national database system. Conclusion A common denominator in the two studies presented here indicate disparities in the treatment of mental illness as adequate and efficacious access to care. But the erroneous assumption that mass shootings are inextricably related to mental illness is an impediment to empirical research evidence. The narrative must be reframed in national dialogue if legislators and society-at-large are serious about the intervention and prevention of senseless killings whether its mass shootings, hate crimes, or other forms of gun violence. It is a complicated issue that requires legislative urgency but also must involve comprehensive public policy reforms related to the primary issue. For example, occupational licensing reform may be necessary so as to expand the scope of practice for paraprofessionals to fully leverage the reach of providers in meeting mental healthcare needs. Gun violence laws must be approached in much the same common-sense way so as to target individuals who pose a real threat to public health and safety. For example, the 41% of young males (not race specified) identified in the Michigan study as a mental health disparity due to the lack of access to treatment. This would be an appropriate demographic that should be considered when constructing and proposing gun laws. Consequently, young males were also identified in the national study. Mental illness, however, can be a factor in relationship with mass shootings and other gun violence but under very specific and extremely rare conditions that should not be generalized to the entire mental health population. Unfortunately, while President Trump fell short in declaring war on racism it also became clear that the president and his cohorts will continue on course to scapegoat mental illness as the priority target. The real positive takeaway from the President’s response is the change in language. Due to the NRA’s zero-tolerance approach to gun rights, reframing the problem as domestic terrorism just may ignite political action or, at least, a public outcry for action. But the public overall has been transient on the issue of gun laws and reform mainly because of cultural wars where some individuals and communities resist the idea of government infringement not only on their rights but also on their social norms. But casting mass shootings in the framework of terrorism changes the level of the threat and provides some opportunity for change. Consult the articles below for more information on proposed gun law legislation in Michigan and the potentiality of gun restrictions that may inadvertently target African-Americans.
Related Posts:
Michigan’s Health Report: Chronic Disease and Life Expectancy https://www.canmichigan.com/blog/michigans-health-report-chronic-disease-and-life-expectancy Community Resources: Mental Health and Drug Treatment Services https://www.canmichigan.com/community-resources-michigan.html Links: NAMI Statement on Mass Shootings in Texas and Ohio https://www.nami.org/About-NAMI/NAMI-News/2019/NAMI-Statement-on-Mass-Shootings-in-Texas-and-Ohio?fbclid=IwAR2naCqi_Hrr397UgK9DKMyBlJGQS77VfYJ8ZikMk6Ta-SFPJj8HV76G9-s NAMI: Violence and Gun Reporting Laws https://www.nami.org/learn-more/mental-health-public-policy/violence-and-gun-reporting-laws Trump made it easier for the mentally ill to get guns when he rolled back Obama regulation https://www.nbcnews.com/news/us-news/president-trump-made-it-easier-mentally-ill-get-guns-when-n1039301 H.J. Res. 40 – 115th Congress (2017 -2018) https://www.congress.gov/bill/115th-congress/house-joint-resolution/40 Southwest Solutions: Study Details Growing Crisis of Untreated Mental Illness in Michigan http://www.swsol.org/study-details-growing-crisis-of-untreated-mental-illness-in-michigan/?fbclid=IwAR0fn399qwATeQEA4i_CH_zQr-fZUd62N8hU3P-_Rx92s1QBSPOFPGhzjbk Massacres revive calls to strengthen Michigan’s middling gun laws https://www.detroitnews.com/story/news/politics/2019/08/05/anger-but-action-michigan-gun-laws-spotlight-after-mass-shootings/1923417001/ Actually, gun restrictions will target the black community https://thehill.com/opinion/criminal-justice/456243-actually-gun-restrictions-will-target-the-black-community?rnd=156503347 |
Deborah Mitchell2016 Wayne State University Alumni - Bachelors of Science in Social Work, social services professional and Registered Social Work Technician. Human service background since 2007 which includes medical case management and service navigation for the indigent population, outpatient mental health counseling for SUD disorders with comorbidities (experienced in medication-assisted and social model treatment modalities), supportive employment and job development for mental health consumers, and structured living domicile management. Archives
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