A Grand Blanc, MI man was convicted of second-degree murder for the stabbing death of his wife. He was convicted back in 2017 due to evidence that he knocked her over the head with a flashlight and stabbed her six times with a military style knife. One of the stabs was directly into the victim’s heart. He then took selfie videos after the incident confessing to killing her, but never called 911 or any other help. The judge presiding later sentenced the 46-year old man to a minimum of 50 years in state prison before any eligibility for parole.
In the state of Michigan, a prosecutor can charge what is called “open murder” which gives a jury different options as to which murder charge is most appropriate if any. In the current case, the decision was made by the jury to convict on second-degree murder instead of first-degree murder. The reason this is important in the current case is that when a jury convicts on first-degree murder, the sentence is pretty much set as life or any term of years. If a jury comes back with a verdict finding that the defendant is guilty of second-degree murder, then the judge in the case has wide latitude in determining sentence due to sentencing guidelines. The judge here decided to far exceed the sentencing guidelines as the defendant had a sentencing guideline minimum of 13.5 years. The Michigan court of appeals has now said that the judge went too far in sentencing the defendant to a minimum of 50 years and sent the case back to the trial court for resentencing.