Michigan sentencing guidelines (fact thread, not reaction)

Submitted by Happyshooter on November 23rd, 2022 at 8:23 PM

I have never done criminal law, but I to had memorize some of it for the bar, and I was just drinking with some prosecutors (not for Washtenaw) and we scooted for home before the serious drinking time started tonight. 

Michigan has strong sentencing guidelines, like the federal government. Think of it as income tax rules, but for crimes. So what the criminal pleas to (or is convicted of) is the start, but then all the variables are added in. Then that report is given to the judge, and the defense and prosecution argue about the variables scoring, and that gives the judge the range. 

Some of the variables are set in the plea agreement, and some are set by the court. It all adds up to give the range cells on the grids. 

The range is in months, or in some of the resulting scoring cells the judge can award no time. 

So these guys are on video, and it is likely they will plead down. 

I am not arguing about what they deserve, or what U of M did in the past, or MSU's past. Or sports, or the Big Ten. The professional assessment I got tonight is these guys will plead down, and none of them will get time. But Khary will probably get some supervision. 

https://www.courts.michigan.gov/49c7d9/siteassets/offices/mji/felony-sentencing-online-resources/2021-mi-sentencing-guidelines-manual.pdf

XM - Mt 1822

November 23rd, 2022 at 8:31 PM ^

sentencing guidelines are only for felonies, so only the one helmet-attacker is implicated.  he will most likely get a HYTA disposition and do little, if any, time.  

glad they got charged.  i'm guessing there is a mountain of evidence we would like to see - maybe even sparties being honest about what happened, not to mention a number of videos that clearly lay out what happened. having charged 7 guys, that seems like it had to be the background evidence to do so. 

gihurdler34

November 23rd, 2022 at 8:43 PM ^

With no priors it is highly unlikely any will get time.  Khary will definitely get supervised probation, probably for one or two years before it becomes non-reporting.  

I'd be surprised if the ones who plead to misdemeanors don't get at least some supervised probation that becomes non-reporting after their community service/anger management class requirements are completed.  

I was at the prosecutor's office in Indianapolis (Marion County) and the sentences above were typical. The MCPO was more lenient than what I've seen from Michigan prosecutors though.  

gihurdler34

November 23rd, 2022 at 8:43 PM ^

With no priors it is highly unlikely any will get time.  Khary will definitely get supervised probation, probably for one or two years before it becomes non-reporting.  

I'd be surprised if the ones who plead to misdemeanors don't get at least some supervised probation that becomes non-reporting after their community service/anger management class requirements are completed.  

I was at the prosecutor's office in Indianapolis (Marion County) and the sentences above were typical. The MCPO was more lenient than what I've seen from Michigan prosecutors though.  

Bo Harbaugh

November 23rd, 2022 at 9:04 PM ^

I hope they all get a second chance at another university (all should transfer) that isn't brainwashing hate and vitriol into their heads due to an inferiority complex like MSU has.

The guy swinging the helmet that could have destroyed Gemon's career or worse, cause permanent damage, needs some serious therapy, community service and at least a year away from college football.

I hope they all still graduate and have the opportunity to continue on with their education and lives, but they definitely need some punishment and most importantly to be taken away from that toxic environment that is MSU.

I don't want any of their lives ruined...they are young men who I believe were misled by a disgusting, hate filled, inferiority complex culture at MSU. This does not excuse their actions, but explains their origins, and should also not be a death sentence for their futures.

Tucker looked like a maniac that entire game...the entire thing starts at the top - and Mork was the originator of taking this too far, to the point of trying to injure opposing UM players.  I blame the adults first, but yes, the players must take responsibility for their actions as well.

Romeo50

November 23rd, 2022 at 9:40 PM ^

To be clear, in Washtenaw, my son and I can be walking jubilantly and someone (we'll refer to them as Losers) can concuss my son so he can't work for two weeks and then receive no punishment other than the Supervision they lacked when they began this enterprise by possibly the very same disinterested parties. Got it!

Romeo50

November 24th, 2022 at 9:18 AM ^

Probation for the 5 and summer jail time for the two (so they can then try and go on to something productive somewhere else-where there are good role models). I don't give a shit about their history or their future really if they harmed me or mine and their records should not be expunged as they are not minors.

WolveChip

November 23rd, 2022 at 10:03 PM ^

Sentencing guidelines won’t come into play because the one felony charge will likely be pled to a misdemeanor, and guidelines only apply to felonies. Also, I’d be surprised if anyone but the helmet-swinger got probation (unless there are prior convictions). Side note: guidelines inform sentencing but are rarely followed unless the offender is sentenced to a prison term. 

Kewl

November 23rd, 2022 at 10:20 PM ^

As a criminal defense lawyer in another land.  Guidelines are a starting out point for negotiations, but also what may happen if you go balls to the wall trial.  Most likely they will have some sort of first offender or differed disposition to make it go away.  Which is probably appropriate.  They are barely not kids.  Make them show they can be better.  But if after the video (and I’m sure there is more)  makes them want to go to trial, no msu delusion will help them. 

WestPalmBlue

November 23rd, 2022 at 11:04 PM ^

So where does hiring attorney Tom Mars come into play here?  Is that a separate civil suit and if so what would we expect of that if the defendants plead guilty to any charge at all from the Washtenaw prosecution?

FB Dive

November 24th, 2022 at 2:10 AM ^

He doesn't play any role in criminal proceedings (at least not any direct role -- he probably facilitated the Greens' cooperation with the investigators/prosecutors). Criminal trials are between the accused and the state, not the accused and the victim.

If the Greens bring tort claims against the helmet swinger and the other players, then Mars will probably be their lawyer for that. I would expect any suits to be quietly settled, regardless of how the criminal cases play out.

MGlobules

November 23rd, 2022 at 11:45 PM ^

I'm interested in his comment, in the interview, that his deadline came hard on the heels of the OSU game, and he felt that the journey was over after that game. Don't think that was my take. 

I found the B1G championship very fulfilling, and approached the Georgia game with an attitude of curiousity--would be be able to hang? After the first half, I turned it off with the sense that the season had been a success.

wolverinebutt

November 24th, 2022 at 8:48 AM ^

I saw a Free Press article(didn't click/paywalled) saying it was an over reach on the charges.  To that writer or an any other ahole taking the Sparty players side, if it were their kid or loved won they would change their tune.        

ldd10

November 24th, 2022 at 11:02 AM ^

Honestly, I'm really uncomfortable with the charges against all the players except for Crump.  Doesn't feel good.

tybert

November 24th, 2022 at 12:16 PM ^

I'm all for these guys getting a 2nd chance somewhere else and a chance to clear their record via the HYTA. No one will ever forget them. Their names will be known for years to come via a simple internet search. They will be on a short leash for years to come, wherever they go, even working a job. 

That said, there is nothing in their past that showed them to be dirty players (this isn't Mike White's 1980s Illini thug ball), and it's doubtful they graduated from HS with this gruesome attitude. Clearly, young men were corrupted in a perverse, hate-filled environment, almost like a person who joins the Crips is conditioned to hate the Bloods for life, even in prison, and vice versa - only the hatred is all one-way here.

Not a fan of Les Miles today given his off the field baggage at LSU but was a fan of his back in 2007. Also, would have been happy at the time with Schiano. Either of those guys taking over for Lloyd would have likely meant Ryan Mallett stays and we beat MSU at home in 2008 and probably on the road in 2009 again with Mallett. Mork would have never had the 6-1 run against the worst two Michigan coaches since Bump Elliott in the 1960s (and at least Bump won a B1G title and RB). While he would have fueled his hatred, it would have died on the vine sooner or later without success vs. UM. We wouldn't have this lingering abyss of hatred we see today.

I'm done with this subject (till next October) - BEAT OHIO!

TheJuiceman

November 24th, 2022 at 5:23 PM ^

They're all getting no time, the 6 or 7 non helmet guys will get HYTA status, and if they stay out of trouble this will go away. Helmet guy will plead to an aggravated assault or A&B and do a year, maaaaybe two of probation, and also possibly get HYTA status. Helmet will report to the basement of the dreaded Grady Porter bldg, the scariest building in alllll of Ingham County as all of their respective supervisions will likely be transferred to lansing or maybe even Mason. That's that.  *Bangs gavel