Michigan
Michigan Court of Appeals orders another new sentence in Lenawee County sex abuse case
ADRIAN — A man convicted in 2018 by a Lenawee County Circuit Court jury of engaging in sex acts with the son and daughter of his on-again, off-again girlfriend and wife should have his minimum sentence reduced again, a Michigan Court of Appeals panel has ordered.
David Alan Stevens’ minimum sentence on a conviction for first-degree criminal sexual conduct should be set between six years and nine months and 11 years and three months, Judges Mark J. Cavanagh, Kathleen Jansen and Allie Greenleaf Maldonado said in their opinion. The change is due to a prior conviction in Ohio being incorrectly used as the basis for a habitual offender enhancement.
“The record does not provide a sufficient basis upon which to conclude that the conduct giving rise to defendant’s Ohio conviction would have been a felony in Michigan, and therefore, the trial court erred by sentencing defendant as a habitual offender,” the opinion states.
This will be the second time Stevens, 48, has been resentenced. The new sentence will be about one-third of the original minimum sentence in this case.
Stevens, 48, is currently serving 14 to 75 years in prison after being resentenced in 2022.
First-degree criminal sexual conduct is punishable by up to life in prison.
Stevens was convicted in 2018 after a trial in Lenawee County Circuit Court of one count of first-degree criminal sexual conduct and two counts of third-degree criminal sexual conduct. Judge Anna Marie Anzalone sentenced him to 21 years and 10 months to 75 years in prison.
The first time he was resentenced, the Court of Appeals found Stevens’ attorney failed to object to faulty jury instructions provided by Anzalone and he failed to request an instruction that would limit how the jury was to consider testimony about other acts that was given during the trial. The Appeals Court vacated the two counts of third-degree criminal sexual conduct and ordered he be resentenced because of how the vacated charges had factored into the scoring for the minimum sentence on the first-degree charge as well as an error in calculating the minimum sentence. Anzalone’s new sentence was 14 to 75 years in prison.
In the latest appeal, a different three-judge panel of the Court of Appeals — Judges Mark J. Cavanagh, Kathleen Jansen and Allie Greenleaf Maldonado — agreed with Stevens’ argument that he had been improperly sentenced as a habitual offender. Stevens had prior convictions in Ohio for possession of criminal tools and nonsupport of dependents. For a prior conviction in another state to be used as a habitual offender enhancement, the offense must have been something that would have been a felony or attempt to commit a felony in Michigan, the opinion said.
Anzalone had determined that the criminal tools conviction would not have been a felony in Michigan. The nonsupport charge is a fifth-degree felony in Ohio, but the appeals judges said how another state classifies its offenses doesn’t matter.
“Establishing that defendant was guilty of a fifth-degree felony in Ohio does nothing to establish that this would have been a felony in Michigan,” the opinion states.
In Michigan’s law regarding nonpayment of child support, the opinion says, someone has to violate a court order to make payments in order to be convicted of a felony.
“The critical difference between these offenses is that the Ohio offense does not necessarily require the failure to provide support to be in violation of a court order whereas the Michigan offense does,” the opinion states. “Because the Ohio crime can be committed without there being a support order in place, it is possible for the same conduct to be a crime in Ohio but not in Michigan. Therefore, the knowledge that defendant was found guilty of this crime is not, on its own, sufficient to conclude that the underlying conduct would have been a felony in Michigan. Accordingly, sentencing defendant as a habitual offender with a violation of this Ohio statute serving as the predicate offense requires the court to ascertain some knowledge of the facts underlying the Ohio conviction.”
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There was no information in the sex-abuse case’s record about the underlying facts in Stevens’ nonsupport conviction, the appeals court said.
“There is nothing in the record suggesting that defendant was ordered to pay any such costs, suggesting that the conviction might not have arisen from the violation of an already-existing support order,” the opinion states. “Because we do not know if defendant’s failure to support a dependent conviction was committed in a violation of a court order, it necessarily follows that we do not know if the conduct giving rise to the Ohio conviction would have been a felony in Michigan.”
The prosecution had time to provide evidence that Stevens had violated a court order for support, the opinion said.
“Indeed, the initial resentencing hearing was adjourned specifically to afford the prosecution the opportunity to adequately address whether defendant’s Ohio conviction for possession of criminal tools would be a felony in Michigan,” the opinion says. “The initial hearing was adjourned in July, and the prosecution had until October to gather the information it needed to meet its burden. During that period, it decided to amend the information to list the nonsupport conviction as the predicate for defendant’s habitual offender status but failed to admit any evidence regarding the underlying facts of the nonsupport conviction.”
Giving the prosecution a second chance to meet its burden of proof would be against the principles of fairness and “implicate double jeopardy concerns because the prosecution’s failure to present sufficient evidence of an equivalent prior conviction is analogous to the reversal of a conviction based on insufficient evidence,” the opinion said.
The appellate panel rejected Stevens’ arguments in the latest appeal that his minimum sentencing guidelines range was not properly calculated.
— Contact reporter David Panian at dpanian@lenconnect.com or follow him on X, formerly Twitter: @lenaweepanian.
GRAND RAPIDS, Mich. (WOOD) — Hello, is it an awesome event you’re looking for? Well, you can see some great options not in a pair of eyes or a smile, but in this weekend planner.
Here is a look at what you can do the weekend of May 15:
Acrisure Amphitheater Grand Opening
It’s been a long time coming, but finally, the Acrisure Amphitheater is set to welcome in its first guests with not one, but two shows this weekend.
It kicks off Friday with a grand opening performance by Lionel Richie. And then on Saturday, catch several local artists as part of the Community Celebration.
Click here to grab tickets while you still can.
Heritage Hill Tour of Homes
Saturday marks the start of the 58th annual Heritage Hill Tour of Homes, where guests can explore some of the historic homes in the historic neighborhood.
One of those homes includes the Voigt House, which was built in 1895 and has not been open to the public in 17 years.
For more information, click here.
Puppies on the Patio at Harmony Brewing
What’s better than a cold one after a stressful week? How about sharing a cold one with your best friend?
You and your dog can enjoy a frosty beverage this Saturday at Harmony Brewing Company with a Puppy Pool Party. There will be kiddie pools, activities for dogs and humans and plenty of aforementioned beer.
Click here to learn more.
WestFest
Spring is in the air and you can tell not by the pollen closing in on us, but by the fact that WestFest is happening for another year.
For more than three decades now, the carnival has served as a way for those living on the West Side of Grand Rapids to come together and celebrate the changing of the season. The funds raised by the event will also go towards servicing families of Sacred Heart Parish & Academy.
Details can be found here.
Creston Neighborhood Pancake Breakfast
On Saturday, the Creston Neighborhood in Grand Rapids is inviting the community to partake in its free pancake breakfast and resource fair.
The event will provide plenty of resources from local organizations, a chance for folks to meet their neighbors and also enjoy some delicious pancakes for free.
More information can be found here.
Butterfly Release in Paw Paw
A special memorial butterfly release will be held Saturday in the village of Paw Paw to help those deal with their grief and loss.
Attendees are asked to arrive before 10 a.m. That is when the memorial service will begin, followed by the butterfly release.
For details, click here.
The Kite Festival at Grand Haven
One of the most visually stunning events returns to Grand Haven State Park Saturday and Sunday with the Kite Festival.
It’s your chance to check out dozens upon dozens of kites soaring through the sky. The best part is that it’s completely free to attend.
You can get more information by clicking here.
Kalamazoo Toy Show
On Saturday, head on out to the Kalamazoo County Expo Center for this year’s Kalamazoo Toy Show.
Kids 12 and under get in free to check out some incredibly preserved antique toys like cap guns, action figures, Pez dispensers and more.
Details can be found by clicking here.
Prom with a Purpose
The signature event of the Momentum Center in Grand Haven is Prom with a Purpose and it’s back this weekend.
The event gives folks a chance at reliving the glory days with a night of dancing, eating and fun. The event helps raise funds for the Momentum Center’s initiatives.
Click here to learn more.
Michigan
Michigan DNR confirms black bear roaming Downriver communities in furthest southeast sighting ever
FLAT ROCK, Mich. (WXYZ) — A black bear has been confirmed roaming the Carleton, Rockwood, and Flat Rock area — the furthest southeast the Michigan DNR has ever recorded a bear sighting in the state.
Watch Jeffrey Lindblom’s video report:
Two black bear sightings confirmed in southern counties
Residents near Woodruff Road first spotted the animal on a trail camera, with many initially mistaking it for a large cat. The Michigan DNR has since confirmed two black bear sightings in the area since Sunday, along with tracks to match.
Dale Hicks, a Rockwood resident, was among the first to spot the animal.
“I looked, and I said there’s a big cat by the double gate,” Hicks said.
WXYZ-TV
Neighbor Carolann Foerch said she was surprised to learn the animal had passed through her property.
“It was here and apparently walking through our back yard. He says, there’s a bear out there!” Foerch said.
WXYZ-TV
Foerch, who is originally from northern Michigan, said she welcomed the unusual visitor.
“I love the bear, you betcha,” Foerch said.
Fellow resident Corry Stanley summed up the reaction many neighbors shared.
“Guess it was a real bear,” Stanley said.
WXYZ-TV
Jan Saintamour, another Rockwood resident, called the sighting “kind of cool. Kind of odd.”
WXYZ-TV
What the DNR says
Cody Norton, a bear specialist with the Michigan DNR, said the sighting is unprecedented for the region.
“This is the furthest southeast we’ve seen,” Norton said.
WXYZ-TV
Norton described southeastern Michigan as far more developed than other parts of the state, making the bear’s appearance in the area without any reported sightings along its path especially unusual.
The DNR reports approximately 12,000 bears living across Michigan’s Upper and Lower peninsulas. Norton said the lower peninsula bear population has grown significantly in recent years.
“Our bear population in the lower peninsula has grown about 60-percent,” Norton said.
As bear numbers have risen, the animals have begun moving into areas further west and south. Norton said younger male bears in particular tend to wander in search of territory not already claimed by dominant males.
“They are able to survive and make a living in habitats we previously thought wouldn’t be suitable for bears,” Norton said.
Norton said bears would have historically inhabited this area before development pushed them out, and that as populations continue to grow, sightings in unexpected places like southeastern Michigan are likely to increase.
“Their world revolves around food,” Norton said.
What to do if you see the bear
The DNR says residents do not need to be overly concerned.
“I don’t think anyone should be too worried about this individual bear roaming around in this area,” Norton said.
Norton said there has not been a bear-related human fatality in Michigan since 1930. He added that residents do not need to worry about walking pets or letting animals outside.
However, there are steps residents can take to avoid unintentionally attracting the bear to their property:
- Secure garbage cans
- Manage bird feeders
- Do not leave pet food outside
If you do encounter the bear, the DNR advises against running. Instead, make yourself appear large, make noise, and slowly back away to a safe location.
As of now, the bear does not appear to be bothering anyone or displaying aggressive behavior. The DNR says it will continue to leave the bear alone unless it begins acting aggressively or causing property damage.
Hicks, for his part, said he plans to keep an eye out.
“I’m going to look at it and take pictures of it,” Hicks said.
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This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
NOVI — Surprise! Sakura Novi is getting yet another Michigan premiere store with the opening of TESO Life at 42688 Grand River Avenue on May 15.
The 12,000 square-foot store offers thousands of Asian-themed beauty products, collectibles, snacks, beverages and more.
“Hopefully people will like us,” said store manager Jackal Saw. “I’m excited about the whole new culture here and I see a lot of excited customers. I have faith in Michigan.”TESO Life was founded in 2017 and while the company offers mainly Japanese, Korean, Chinese and Taiwanese products that cater to a “global consumer,” it is U.S. based, with headquarters in New York City and stores sprouting up across the east and west coasts, as well as in Texas, Florida and Chicago.Novi is the 27th location for TESO Life, which has a loyal following among Asian populations, but which has fun finds for anyone with an interest in Asian culture, food and fun collectibles.
Among the most popular items are “blind boxes,” in which there are mystery collector items that Saw describes as similar to Popmart, but with different brands, including Care Bears, Lucky Emma, Maltese, Smiski and more.A wide variety of do-it-yourself kits from Rolife line shelves, offering creative challenges.
Snack aisles abound with sweet treats, including freezers full of ice cream specialties seen on TikTok and plenty of refrigerated beverages.
TESO Life in Novi has about 30 employees waiting to greet you and is open 11 a.m. to 9 p.m., seven days a week.
On opening weekend from May 15-17, spend any amount and get a free pin. Guests spending $50 or more will also get a free snack and those spending more than $100 will receive a free gift bag.
Contact reporter Susan Bromley at sbromley@hometownlife.com
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