Man who pleaded no contest to shooting teen in neck sentenced to 5 years in prison
Marcus Walker
This story has been changed to make it more clear that when Walker's two sentences are correctly added up, he will spend at least five years in prison.
Marcus Walker will spend five years behind bars for shooting a 15-year-old boy in the neck.
Judge Melinda Morris on Monday sentenced the 23-year-old Ypsilanti man in the Washtenaw County Trial Court to two years with 161 days served for a felony firearm charge and between 36 months and 15 years for a charge of assault with intent to commit great bodily harm. The sentences will run consecutively. Walker also will be eligible for the prison boot camp program.
The sentence for assault with intent to do great bodily harm was on the lower end of the guidelines. The court agreed to between 34 and 67 months back in July when Walker pleaded no contest to the charges.
As part of a plea bargain, charges of assault with intent to murder, assault with a dangerous weapon and being a felon in possession of a firearm were dismissed.
The charges stemmed from a March 11 incident at the intersection of Armstrong Court and Armstrong Drive in Ypsilanti. Walker was accused of shooting a teen in the neck during an argument. Police said Walker and the teen knew each other.
“I made some poor choices, but I’m only human,” Walker told the judge Monday, adding he hopes to “find a better way of living.”
The defense argued Walker was essentially a good guy and the charges were “uncharacteristic” of him.
“I have found Mr. Walker to be extraordinarily polite,” said Walker’s public defender, Erika Julien. “He has not struck me as a typical thug on the street.”
She went on to say that a lot of other people involved in the incident that night could have been charged, but were not. The shooting was characterized as “retaliatory” by the defense.
Julien also pointed out police found six rounds of .22-caliber ammunition in the 15-year-old’s pockets after the incident.
“(The victim) was not behaving as a child,” she said.
Assistant Washtenaw County Prosecutor Paul Barnett tried swaying the judge to a stiffer sentence.
“This is someone who had a beef with someone else and tried to try and solve it with a handgun,” he said.
The prosecution had the victim’s mother, Tamara Brown, address the court, as well.
“As the victim’s mother, I ask he receive the highest possible sentence,” she said. “My baby pulled through. He’s very fortunate. I just don’t want it to be taken lightly.”
As she stood at the lectern, she turned to personally address Walker, who sat at the defense table.
“You nearly took a life … over some nonsense,” she said.
Brown said that she wishes the 23-year-old’s parents would have just spoke to her about any conflicts.
“I empathize with his mother,” she said, but later added, “I’m not really impressed that he’s been courteous and polite since he’s been locked up” in response to Julien’s comments.
Morris said the case was very difficult and said there was a lot to be blamed on people thinking that firearms are a means to solve disputes, especially in the area of Ypsilanti where the shooting occurred.
After passing sentence, she said she hoped Walked would move “toward getting back into society” someday.
John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.
Comments
swcornell
Wed, Aug 29, 2012 : 5:25 a.m.
We need to put a little trust in our legal system and the judges we voted in. I'm sure there's more to this story. This 15 year old was not an innocent bystander on his way to church as an alter boy. The 23 year old was not in fear for his life. The real story is somewhere in between, two young men that got into an altercation that got out of control. Trust that justice has been done and move on.
Cathy
Sun, Sep 2, 2012 : 1:48 a.m.
I have to agree that this whole episode is pathetic. I don't think I'd like either the perpetrator or the victim living anywhere near me.
A2James
Tue, Aug 28, 2012 : 4:37 p.m.
For those who think a .22 is a caliber of gun that won't do damage, think again. A lot of wannabe thugs and gangsters use them because they are cheap, the handguns can be easily palmed and hidden, and the bullets will enter but not leave which causes considerable internal damage, and without leaving a bullet easily found at the crime scene. In this regard, a .22 can do a lot more damage and leaves less evidence than a 9 mm or other typical firearms used in crimes.
Jay Thomas
Tue, Aug 28, 2012 : 3:43 p.m.
He was already a felon when he got the gun? Mr. Walker's "better way of living" should be in prison over an extended period of time. I don't really care how polite he is. Judge Morris is (in my opinion) just as much a menace to the community as the perp and with her you can pretty much guarantee it is going to be taken lightly. Sorry Mrs. Brown, you're out of luck. The priority here should be public safety. Instead Morris "hopes" he would move "toward getting back into society someday." Well, that 'day' is only going to be a few years away THANKS TO HER and the revolving door justice system she oversees.
Superior Twp voter
Tue, Aug 28, 2012 : 3:35 p.m.
Holy cow, he'd have received a stiffer sentence for drunk driving.
John Counts
Tue, Aug 28, 2012 : 3:20 p.m.
Hi "what." I tried to explain the sentencing as accurately as possible in the story. The felony firearm charge was two years and the assault charge was 36 months. Add those together and you get 4.83333 ... which doesn't lend itself to being in a headline or even the story. In hindsight we would have been better off with a headline saying "more than 4 years" and will change it accordingly.
John Counts
Tue, Aug 28, 2012 : 3:47 p.m.
You're correct. I was dividing 34 months, which was the bottom of the original sentencing guidelines set when he pleaded no contest back in July. They changed it to 36 months in court yesterday. I will change it accordingly.
what
Tue, Aug 28, 2012 : 3:33 p.m.
I am really confused now. TO be VERY CLEAR with you. 36 months=3 years. 12 months=1 year. THus you add 3years (36 months) plus 2 years you get 5 years. I have no clue how you came up with 4.8333
what
Tue, Aug 28, 2012 : 2:56 p.m.
Another story where the headline does not make sense to the article. Headline says he is sentenanced to 4 years in prison, yet the article says 36 months + 2 years sentence which will run consecutively, so if my math is correct that's a total of 5 years. So obviously something is reported WRONG, which is nothing new with AnnArbor.com. It would just be nice to know what the real sentenance was since this article leaves the reader wondering what the real sentenance is. 3 years, 2 years, 5 years, 4 years, or none of the above.
Birdie
Tue, Aug 28, 2012 : 1:26 p.m.
I'm a good guy, I just shoot 15 year old's in the neck. Thank goodness for plea deals! Now we have 3.5 years till he is out on the street. Yep, it's time for Melinda to step down.
Silly Sally
Tue, Aug 28, 2012 : 11:54 a.m.
This judge is soft of crime. This "man" almost killed or paralyzed someone. Hey, HEY, ho, HO, Judge Melinda Morris has got to GO!
Cathy
Sun, Sep 2, 2012 : 1:44 a.m.
Welcome to the internet, Sally.
Silly Sally
Tue, Aug 28, 2012 : 12:59 p.m.
So, I got so negative votes. Now, I'd like to know why some in Ann Arbor desire having a soft-on-crime judge. Would YOU feel the same if YOU were the one shot in the neck, or worse? Or, is this Judge Melinda and her family voting me down? ID yourselves, please or at least give a reason why. shooting someone in the neck is a minor crime.
Cory
Tue, Aug 28, 2012 : 11:47 a.m.
Thank god that thugs think a .22 caliber bullet is a worthy self defense round. Frankly I've seen squirrels live after being shot with a .22, It's the chosen round of all 12-year-olds for varmint hunting. Finding 5 rounds of that in the victims pocket should have no weight in this case whatsoever. The fact that we've got a convicted felon who isn't being charged with possession of a firearm bothers me greatly though...
Cory
Tue, Aug 28, 2012 : 11:49 a.m.
Sorry, I meant to say 6 rounds of .22 in the victim's pockets. Either way, you can buy 500 rounds of .22 for $25 at any Dunhams, so long as you're over 18.
jcj
Tue, Aug 28, 2012 : 11:29 a.m.
The defense argued Walker was essentially a good guy and the charges were "uncharacteristic" of him. Are you SERIOUS? Click on the link to the sentencing! It said Walker is a HABITUAL offender.
Ricebrnr
Tue, Aug 28, 2012 : 11:24 a.m.
Another example of not enforcing the gun laws already on the books! Why even bother having them when clearly they are aimed at those already followinv the laws? This polite non thug was already a felon when he tried to try and kill the victim!
xmo
Tue, Aug 28, 2012 : 11:12 a.m.
Was this a hate crime because he shot an African-American kid? "He has not struck me as a typical thug on the street." "You nearly took a life … over some nonsense,"
Silly Sally
Tue, Aug 28, 2012 : 11:49 a.m.
"Was this a hate crime because he shot an African-American kid?" Say What? Are people of this race now to be given special treatment solely because of their race, in your opinion? Madness. All people should be treated the same. The so called hat crimes are wrong since they attempt to punish thought and not actions. We cannot control thoughts. We can and should control our actions.
Goober
Tue, Aug 28, 2012 : 11:05 a.m.
The defense argued that he was essentially a good guy...... Shots someone in the neck and pleads no contest.......... Good guy, eh? Go figure!
Goober
Tue, Aug 28, 2012 : 11:12 a.m.
Sorry about the typo...should be shoots, not shot. I need new eyes or a larger screen. :)