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Michigan becomes 20th state to outlaw ‘gay panic’ defense

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Michigan becomes 20th state to outlaw ‘gay panic’ defense


LANSING, MI – Michigan is now the 20th state in the U.S. to outlaw legal arguments that someone’s sexual orientation justified assaulting them.

Gov. Gretchen Whitmer signed into law the bill on Tuesday, July 23, banning the defense commonly referred to as “gay panic” or “LGBTQ+ panic.”

Under the new law, which goes into effect Oct. 23, a person charged with a violent crime can’t seek to reduce or evade criminal liability on claims that they lost control and reacted violently because of the victim’s sexual orientation, gender identity or gender expression.

“I have been incredibly passionate about this bill for several years, and I am elated to see it signed into law. Protecting the future of LGBTQ+ people across Michigan is something I have been working hard to do,” said the bill’s sponsor, state Rep. Laurie Pohutsky, D-Livonia.

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“This bill, alongside many other monumental pieces of legislation brought forth by Michigan Democrats, is a huge step toward securing a safe and inclusive state for all Michiganders.”

The bill was sent to the governor after passing along party lines June 27 in the state House, with Republicans voting against the bill. In the state Senate, Republican Sens. Mark Huizenga, Dan Lauwers, Jonathan Lindsey and Ed McBroom joined with Democrats on approving the bill.

Michigan set to become 20th state outlawing ‘gay panic’ defense

According to the National LGBTQ+ Bar Association, Michigan is the 20th state to ban the gay panic defense.

Michigan has had at least four cases between 1970 and 2020 where a murder defendant used the gay panic defense, according to a 2020 study by W. Cartsen Andresen, a professor at St. Edward’s University in Texas.

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The National LGBTQ+ Bar Association said that it has tracked dozens of cases across the U.S. where juries have acquitted defendants due to the LGBTQ+ panic defense strategy. The crimes in those cases ranged from assault to murder.

Under Michigan’s new law, a person is not justified in using force against another person based on the discovery or knowledge of the victim’s sex, gender identity, gender expression or sexual orientation.

That discovery or knowledge also is not permitted as evidence to demonstrate reasonable provocation, to show that an act was committed in the heat of passion or to support a defense of reduced mental capacity.

Victims’ sexuality can be used to justify crimes. Legislation could stop it.

One of the most infamous cases of the use of the defense was the 1998 murder of Matthew Shepard, a gay student at the University of Wyoming. Shepard, 21, was driven to a remote area by two men who then brutally beat him, tied him to a fence and left him to die.

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Lawyers defending one of Shepard’s killers argued his client was partly triggered by an unwanted sexual advance by Shepard and previous traumatic experiences with LGBTQ+ people. The judge did not allow the defense.



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Northern Michigan lake drained after dam failure in Alcona County

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Northern Michigan lake drained after dam failure in Alcona County


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Barton City — This week’s flooding across northern Michigan is being blamed for the collapse of a privately owned dam in Alcona County, washing away the small lake that the structure held back.

Buck’s Pond was reduced to mud this week after its privately owned dam failed, destroying the gravel road over the 94-year-old dam structure.

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The dam burst around 8 p.m. Monday, sending all of the water in Buck’s Pond north through Comstock Creek to Hubbard Lake, a large recreational boating lake in Alcona County that’s ringed by summer cottages and year-round homes, said James Plohg, who owns property on the lake.

“As it was rising, it started like just washing little parts of it away,” Plohg told The Detroit News on Thursday. “And then it just got so big that it wasn’t able to contain it. And it just opened up.”

The Michigan Department of Environment, Great Lakes, and Energy classifies the Buck’s Pond Dam as a low-hazard dam because its rupture has little downstream impact on other water infrastructure and property.

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Lakes in the Green Association, a local homeowners group, owned the dam, according to state records.

It was last inspected in August 2017, according to records in the Michigan Dam Inventory, the state’s catalog of data on the ownership, age and condition of 2,552 dams scattered across Michigan’s Lower and Upper peninsulas.

State records indicate the dam was in “satisfactory” condition, able to withstand a 100-year flood and that it “meets applicable tolerable risk criteria.”

Plohg said the demise of the Buck’s Pond Dam will leave a hole in his and his neighbors’ remote corner of rural Alcona County, located between Oscoda and Alpena.

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Plohg said he’s been in contact with state lawmakers who represent Alcona County, hoping they could secure state funding to rebuild the dam — and restore Buck’s Pond.

“It was beautiful,” Plohg told The News. “I mean, people come here to fish. There’s the beach over there. Little kids came to swim, picnics, meetings, a lot of boats, pontoons go around the island. We had (boat) parades on the lake. It’s not much of nothing right now.”

“This doesn’t describe how nice it used to be,” Plohg added.

clivengood@detroitnews.com

DavidG@detroitnews.com

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Michigan man didn’t turn right on red. So another driver hit him with ax, police say

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Michigan man didn’t turn right on red. So another driver hit him with ax, police say


70-year-old man arrested, faces assault charge

Caution tape with police lights (KSAT 12 News)

GRAND TRAVERSE COUNTY, Mich. – A Michigan man was struck with an ax after not turning right at a red light at an intersection on Tuesday, according to police.

Just before 2 p.m. on April 14, a 74-year-old man driving near the intersection of Woodmere and Hannah in Grand Traverse County sat through a red light instead of turning right, Local 4’s NBC affiliate in Traverse City reported.

Police said a 70-year-old Traverse City man was in a car behind the 74-year-old man and followed him to the Traverse Area District Library,

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Once the 74-year-old man got out of his car, the 70-year-old man allegedly approached him and attacked him with an ax, injuring the 74-year-old in his left upper arm. Both men then left the area.

The 74-year-old man drove himself to a local hospital and is being treated for his non-life-threatening injuries.

The 70-year-old man was later arrested at his home and faces a charge of assault to do great bodily harm.




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What we know about the tornadoes that hit southeast Michigan overnight

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What we know about the tornadoes that hit southeast Michigan overnight


Cleanup continued Wednesday after overnight storms spawned two EF-1 tornadoes in Southeast Michigan, toppling trees, damaging homes and businesses in Downriver communities, and leaving some neighborhoods without power for hours.

The National Weather Service confirmed one tornado tracked through the Ann Arbor area in Washtenaw County around 1:44 a.m. near Jackson Avenue and Interstate 94.

A second tornado touched down near the Allen Park and Lincoln Park border in Wayne County around 2:14 a.m.

In Garden City, strong winds snapped a large tree and brought down power lines, briefly sparking a small grass fire, resident Susan Steffke said.

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“I got an alert to take cover, and I got up and split second, it was raining and thundering and lightning,” Steffke said.

Steffke said the fallen tree blocked a side street, and wires hung into her backyard.

“The tree totally was across the side street, and I had wires in my backyard, hanging down, and the telephone pole got split in half, and the top half was laying on the sidewalk,” Steffke said.

Neighbors nearby were without power for hours after the storm, said Garden City resident Julie Feinthel, who said electricity went out around 3 a.m. and returned just before 4:30 p.m.

“DTE was working around the clock to get it back up,” Feinthel said.

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In Downriver, the Wayne County tornado crossed Dix Highway into Melvindale, the weather service said, snapping trees and causing damage that included roofs, windows, and HVAC equipment.

The storms also brought heavy rain and flooding, submerging flood-prone stretches of Gibraltar in southern Wayne County.

Bayview Drive in Gibraltar was closed as crews set up an additional pump to help drain standing water, officials said.

“Not much you can do, hopefully they pump it out or what have you, but it’s the first time the street’s been blocked,” said Gibraltar resident Gary Gagne.

No deaths or injuries were reported in connection with either tornado, according to the National Weather Service.

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