Defense attorneys attempted to cast doubt on second degree murder charges, but 52-2 District Judge Dana Fortinberry last week said two Independence Township men will face trial in Oakland County Circuit Court on those charges.
Lance Allen Schmidt, 20, and Joseph Wells Stapleton, 19, were ordered to return to Oakland County Jail with no bond after a Thursday, July 22 preliminary examination.
Schmidt and Stapleton pleaded no contest to charges of assault with intent to inflict great bodily harm after a November 2002 incident at the McDonald’s on Sashabaw Road. In that case, a verbal dispute turned violent and the convicts punched and kicked Peter Richard, 44, repeatedly.
Their conviction included one year in jail and three years on probation.
On March 4, Richard died from a pulmonary embolism, which Dr. Kanu Vrani, Oakland County deputy chief medical examiner, ruled came as a result of a blood clot in the leg which formed after surgery made necessary by the 2002 assault.
‘Since he had the assault, he had to have surgery, which led to the blood clot,? Vrani said in court.
Defense attorney Thomas Vincent called Vrani’s conclusion questionable, based on what Vincent said were a preexisting medical condition and incomplete examination of Richard’s medical records.
Fortinberry had to settle procedural arguments between the defense and prosecution, since Vincent had offered no evidence to support his claims. Vincent proceeded with ‘hypothetical? questions concerning other potential factors in Richard’s death.
Donette Richard, the victim’s widow, testified that her husband’s physical activity was severely limited after the assault. Peter Richard had worked as a nurse’s aide, and was responsible for physically assisting patients.
‘He was in a lot of pain,? she said. ‘He was just miserable. He couldn’t go back to work. He was afraid of dropping somebody.?
Among other witnesses were two McDonald’s employees present at the time of the assault, with the assistance of a surveillance videotape, the employees testified to the severity of Schmidt and Stapleton’s punching and kicking.
Defense attorney Arnold Weiner suggested that Richard was about to punch one of the defendants, but neither witness could confirm that supposition.
Weiner argued that the prosecution had not presented sufficient evidence to warrant second degree murder charges.
‘The issue is causation,? Weiner said to Fortinberry. ‘In order to bind them over on second-degree murder, you have to be convinced they intended to do great bodily harm less than murder. The evidence shows, at most, here is an aggravated assault.?
Oakland County Assistant Prosecutor Gregory Townsend, pointing to both the videotape and witness testimony, disagreed with Weiner’s argument, estimating 15 to 20 kicks to Richard’s face and back while he was on the ground.
‘If this is not great bodily harm, there is no such thing,? Townsend said.