Michigan Criminal Lawyers Blog
Original Case Details
A Pontiac man in his early 30s is facing multiple felony charges including three counts of first-degree murder for a triple homicide that appears to have been in response to a neighborly dispute that has continued over a period of years. The man, Kenneth Clay, turned himself into police the same night of the shooting. Police say that a total of four people were shot at Clay’s home on his front porch. They allege Clay came outside of his home armed and proceeded to open fire and shoot all four victims before leaving the scene. Three of the four that were shot died, one survived, and is listed in serious condition at a local hospital. Clay was arraigned in Pontiac’s 50th District Court by Judge Michael Martinez and was denied bond by Judge Martinez. He is currently lodged at the Oakland County Jail.
Criminal Charges and Potential Penalties
Clay faces a total of ten felony charges altogether. They are listed below with the maximum penalties upon conviction:
• First-degree murder: three counts – This is a felony charge that carries a mandatory 25 to life sentence upon a conviction.
• Felony firearm: five counts – This is a felony charge that carries a mandatory two years in prison consecutive to any sentence from any additional charges.
• Assault with intent to murder: This is a felony charge that carries a maximum sentence of life in prison or any term of years as sentenced by a trial court judge.
• Felon in possession of a firearm: this is a felony charge that states that Clay is previously a convicted felon, and because of this, he is not allowed to be in possession of any firearm. A conviction for felon in possession of a firearm carries up to five years in prison and a fine of up to $5,000.
If you have any questions about any of the criminal charges listed above, or have any other questions related to criminal law, then it is important to speak to an experienced criminal defense attorney who can best answer your questions.
What Happens Next?
Clay’s next scheduled court date is on September 8, 2020 in front of District Court Judge Cynthia Walker. Clay with then face a preliminary examination, which is a hearing before the District Court judge to determine if there is enough probable cause shown that a crime was committed as well as enough probable cause shown that it was Clay who committed the crime. From the extremely limited information that has been released about the case so far, it would seem that Clay might have a potential self-defense claim as the four victims were at Clay’s house on his front porch when the alleged shooting took place. A self-defense claim, however, will not result in a victory at a preliminary examination as that would be an issue for a jury to hear and decide on. The prosecutor will look to lay out more details of this case through witness testimony at preliminary exam whenever that occurs. Witnesses that would testify at the preliminary examination would include any responding officers, and any officers that apprehended and spoke to Clay. If the fourth victim from the shooting is physically able to testify, then it is expected that he would do so at the preliminary exam as well. If enough probable cause is shown, then the case would be bound over to Circuit Court for further proceedings and potential eventual trial.
Any Further Questions?
If you or a loved one has been charged with a crime or are being investigated for one, then it is important to speak to an experienced criminal defense attorney immediately. At Grabel & Associates, our attorneys have over 100 years of combined experience in successfully defending criminal cases all over the state of Michigan. This experience extends not only to adult cases, but also to juvenile charges. We are not a general practice firm. We are a team of criminal defense attorneys; it’s all we do. We offer a FREE consultation to anyone with questions relating to a possible or existing criminal charge against them or a loved one. Feel free to contact us on our 24/7 defense line at 1-800-342-7896. You can also contact us online or come visit us at one of our three statewide locations. We can also come to you.