Eaton County - Eaton County

In March 2007, a jury convicted Lutz of making a false report of a felony, discharging a firearm at an emergency vehicle, reckless use of a firearm, and making a false report to a police radio station. Eaton County Circuit Judge Thomas S. Eveland sentenced Lutz to five years' probation with 60 days in jail, community service, and restitution.

On appeal, Lutz claimed that the trial prosecutor committed misconduct, and the trial judge erred by denying the defendant's motion for a mistrial. Lutz argued that Prosecutor Sauter committed misconduct in his opening statement by referring to "suicide messages" left by the defendant as voice mails on his estranged wife's cell phone. Lutz also argued that Judge Eveland, abused his discretion by denying Lutz's motion for a mistrial based on this alleged prosecutorial misconduct.

The Court of Appeals panel of Judges Henry William Saad, Karen M. Fort Hood and Stephen L. Borrello found that the good-faith effort by the prosecutor to admit evidence did not constitute misconduct despite later defense objections based on the spousal privilege and hearsay rule.

After Mr. Sauter's opening statement, Judge Eveland excluded the evidence, but the Court of Appeals found that "the trial court was overly generous to defendant by excluding evidence based merely on a determination that its probative value was outweighed by its prejudicial effect rather than based on a determination that its probative value was substantially outweighed by the danger of unfair prejudice." The prosecutor could not have known that the trial court would exercise its discretion in this manner, the Court of Appeals wrote, "because it is reasonable to believe that evidence of defendant's expressions of a suicidal intent shortly after being confronted with the police having recovered potentially incriminating evidence was substantially probative as evidence of consciousness of guilt."

The incriminating evidence consisted of a .25-caliber handgun loaned to Lutz by a fellow deputy. The borrowed handgun matched shell casings found at the crime scene. Those shell casings did not match Lutz's service weapon, a .40-caliber handgun, which was fired five times. A witness living near the crime scene heard only five shots that night. The prosecution theorized that Lutz planted the shell casings as evidence of a second handgun - allegedly used by his fictitious assailant - at the crime scene.

The Court of Appeals concluded that the prosecutor referred to the proposed evidence in his opening statement based on a good-faith belief that it was properly admissible. Finally, there was no constitutional violation of the Confrontation Clause because, viewed objectively, the circumstances indicate that the defendant's estranged wife primarily made statements to a detective to obtain police assistance regarding an ongoing emergency, to prevent Lutz from committing suicide.

Sr. Assistant Prosecuting Attorney William M. Worden filed the People's appellate brief. Susan M. Meinberg, of the State Appellate Defender's office, represented Lutz on his appeal.

May 02, 2008:

Eaton County Prosecuting Attorney Jeffrey L. Sauter announced that, earlier today, Circuit Court Judge Thomas S. Eveland sentence Russell Percy Dunham, Jr., 31, of Lansing, to 34-60 years in prison on each of two counts of Second Degree Murder from a two-vehicle crash on May 24, 2007 in Eaton Rapids Township. These sentences will run concurrently. Dunham was convicted by a Circuit Court jury on April 02, 2008, concluding a three-day trial in which 24 witnesses testified.

Dunham was driving westbound on Columbia Highway, approaching Canal Road, when he ran a stop sign in excess of 80 miles per hour and crashed into a vehicle operated by Pennie Sue Sharp, 48, of Eaton Rapids. Ms. Sharp died instantly as a result of injuries sustained in the crash. The impact also killed Carolyn J. Merrill, 22, also of Eaton Rapids, a passenger in the Dunham vehicle. "Alcohol tests showed his blood-alcohol level was 0.17%, over twice the legal limit to be driving," Sauter said.

Dunham was remanded to the Eaton County jail until his scheduled sentencing before Eaton County Circuit Court Judge Thomas S. Eveland on Friday, May 02, 2008 at 9:00 am. Mr. Dunham is represented by Attorney Timothy Havis of Lansing. Second Degree Murder has a statutory maximum penalty of Life or any term of years.

The case was handled by Senior Assistant Prosecutor Neil O'Brien and Assistant Prosecutor Brent Morton. Commenting on the case, Mr. O'Brien said:

Mr. O'Brien also thanked investigators and officers from the Eaton County Sheriff Department for their assistance, particularly Sgt. Rod Sadler, Detective Jeff McNeil and Detective Tim Fandel. Sgt. Sadler, the case's crash reconstruction expert, testified that the damage inflicted on Mrs. Sharp's heavy duty truck was among the most devastating he has seen in his career, and reflected the recklessness of Dunham's speed.

People v Dunham was the first Eaton County case in which murder charges were filed in a motor vehicle death case where alcohol was a significant factor. Previously, a less serious charge like OWI Causing Death would have been filed. However, since 1998, Michigan appellate courts have approved Second Degree Murder charges involving factors like high blood-alcohol levels, high speeds, reckless driving, disobeying traffic control devices, driving when the defendant knew he was too drunk to drive, etc. This conduct, in total, can prove the 'malice' element of murder ("knowingly creating a very high risk of death or great bodily harm knowing that death or such harm would be the likely result")."

Second Degree Murder has a statutory maximum penalty of Life or any term of years. The felony sentencing guidelines established the possible minimum sentence of 26¼ years in prison. Mr. O'Brien argued that the judge should impose a minimum sentence of 40 years.

Mr. Dunham is represented by attorney Timothy Hilton Havis of Lansing.

 April 03, 2008:

Dunham was driving westbound on Columbia Highway, approaching Canal Road, when he ran a stop sign in excess of 80 miles per hour and crashed into a vehicle operated by Pennie Sue Sharp, 48, of Eaton Rapids. Ms. Sharp died instantly as a result of injuries sustained in the crash. The impact also killed Carolyn J. Merrill, 22, also of Eaton Rapids, a passenger in the Dunham vehicle. "Alcohol tests showed his blood-alcohol level was 0.17%, over twice the legal limit to be driving," Sauter said.

Dunham was remanded to the Eaton County jail until his scheduled sentencing before Eaton County Circuit Court Judge Thomas S. Eveland on Friday, May 02, 2008 at 9:00 am. Mr. Dunham is represented by Attorney Timothy Havis of Lansing. Second Degree Murder has a statutory maximum penalty of Life or any term of years.

The case was handled by Senior Assistant Prosecutor Neil O'Brien and Assistant Prosecutor Brent Morton. Commenting on the case, Mr. O'Brien said: "Our hearts go out to the families and friends of Pennie Sharp and Carolyn Merrill. Their deaths were senseless and even though justice has been done, we recognize that the pain of this tragedy continues for those closest to the victims. Our thoughts are also with the ordinary citizens who stopped to render whatever aid and, ultimately, comfort they could to the victims. Finally, our thanks go out to the jury. Their verdict - choosing Second Degree Murder over OWI Causing Death or Involuntary Manslaughter - reflected the essence of this case. It was a fatal reckless, high-speed crash case, not 'just' a fatal drunk driving case. Their task was difficult, but they did their job well."

People v Dunham was the first Eaton County case in which murder charges were filed in a motor vehicle death case where alcohol was a significant factor. Previously, a less serious charge like OWI Causing Death would have been filed. However, since 1998, Michigan appellate courts have affirmed Second Degree Murder convictions involving factors like high blood-alcohol levels, high speeds, reckless driving, disobeying traffic control devices, driving when the defendant knew he was too drunk to drive, etc. This conduct, in total, proves the 'malice' element of murder -- "knowingly creating a very high risk of death or great bodily harm knowing that death or such harm would be the likely result."

Mr. O'Brien also thanked investigators and officers from the Eaton County Sheriff Department for their assistance, particularly Sgt. Rod Sadler, Detective Jeff McNeil and Detective Tim Fandel. Sgt. Sadler, the case's crash reconstruction expert, testified that the damage inflicted on Mrs. Sharp's heavy duty truck was among the most devastating he has seen in his career, and reflected the recklessness of Dunham's speed.

Eaton County Prosecuting Attorney Jeffrey L. Sauter announced today that he authorized charges in an assault incident from 02/25/2008 in Potterville that resulted in a lock-down of Potterville schools.

Darrin Jay Herp, II, 28, of Eaton Rapids, has been charged with Unlawful Imprisonment (Felony: up to 15 years and/or $20,000 fine), Assault With A Dangerous Weapon (Felony: up to 4 Years and/or $2,000 fine), Felony Firearm (Felony: 2 Years consecutive and preceding other incarcerations) and Resisting/Obstructing Police (Felony: up to 2 years and/or $2,000 fine).

Mr. Herp was arraigned today in the Eaton County District Court before the Hon. Julie Reincke. Bond was set at $500,000 cash/surety with conditions that he not consume alcohol, that he be released from jail only with a GPS tether, and possess no or use firearms, that he have no contact with the victim or members of her household, and that he remain at least a mile from the victim's residence and place of employment.

Attorney George M. Betts, of Lansing, was appointed to represent Mr. Herp.

Future District Court court hearings include a Pre-Exam Conference on Monday, 03/03/2008 at 1:00 pm, and a Preliminary Examination on Thursday, 03/06/2008 at 10:00 am before the Hon. Julie Reincke.

Eaton County Sr. Assistant Prosecuting Attorney William Worden was recognized by the Michigan Prosecuting Attorneys Association and its President, Charles Koop, for his twenty years of service as a prosecutor. The award was presented in conjunction with PAAM's Mid-Winter Conference at the Grand Traverse Resort in Acme, MI on 02/07/2008.

Bill has been an Eaton County Assistant Prosecuting Attorney since 1988, and has been a Sr. Assistant Prosecuting Attorney since 1989. He previously worked in Lapeer, MI in the private practice of law (1986-1987), and as a Circuit Court law clerk (1982-1985). Bill is an Appellate Specialist.

Stuart Dunnings, III, Ingham County Prosecuting Attorney, will announce an agreement to expand regional cooperation to the enforcement of welfare fraud cases through the Eaton County Economic Crimes Unit, on Monday, January 28, 2008 @ 10:00 am at the Lansing Mall.

The Economic Crimes Unit was begun by Jeff Sauter, Eaton County Prosecuting Attorney, in 2003 with Byrne grant funding. The unit was designed on a business model, and is self-funded through payments made by offenders who are offered an opportunity for diversion from criminal prosecution.

Doug Lloyd, Sr. Assistant APA and supervisor of the Economic Crimes Unit, developed the Welfare Fraud program in conjunction with the Inspector General's Office of the Michigan Department of Human Services. Since July 2006, that program has netted over $126,000 in restitution to the State from Eaton County cases alone.

This announcement will represent an expansion of cooperation between the Ingham and Eaton offices. Dunnings cross-appointed Mr. Lloyd as a special assistant prosecutor for social security fraud cases in April 2007. That program has resulted in combined restitution to federal authorities in excess of $33,000.

"I have been very pleased with the success of the social security fraud cases and am aware of the ECU's success with wefare fraud case. I believe it is time to expand our regional cooperation and have the ECU screen our welfare fraud cases for potential diversion from formal prosecution," Dunnings said. "And, I'm also pleased to announce that Clinton County Prosecuting Attorney Charles Sherman has agreed to incude Clinton County's welfare fraud cases."