After a lengthy preliminary exam on April 30, 34th District Court Chief Judge Brian A. Oakley reluctantly bound defendant Adam William Gillikin over to circuit court for a May 14 arraignment on the information.
Gillikin, 37, of Van Buren Township, is charged with assault with a dangerous weapon (felonious assault) and felony firearm (pneumatic gun) on Nov. 17 in Van Buren Township.
But, Judge Oakley was unhappy with the prosecution, calling it a “crap case that shouldn’t have been brought.”
After directing the prosecution to find the state statute describing a pneumatic gun and, after a break in the proceedings, hearing the statute read, Judge Oakley said there are deficiencies in Michigan law.
“The Legislature in their wisdom” misinterprets a pellet gun. He said that law needs to be updated but the current law means he has to bind the defendant over.
Gillikin was arraigned by now-retired Judge Tina Brooks Green on Nov. 19 and his bond required a tether, no entry within five miles of his home, a mental health review, and a curfew.
His defense attorney said his client was unable to return home and works in the tech field. He said Gillikin’s daughter passed away during this time and he went home for a while anyway.
“This has turned his life upside down,” the attorney said. “It’s disgusting what happened in this case.”
Judge Oakley said there was no indication from Gillikin’s mental review that there are any psych problems, so the judge dropped the GPS tether and the order to stay away from home.
Prosecutor Mohamad Mohamad’s first witness was the only eye-witness in the case, Stacey English, 14310 Robbe Rd., who is backyard neighbor to the defendant at 40127 Robbe Rd.
Nov. 17 was a Sunday and she testified she was awakened at about 8 a.m. by loud music and looked out the sliding glass window at her neighbor who made hand gestures with fingers to his eyes and then pointed at her meaning, she said, “I’ve got my eyes on you.”
She said he was using a chain saw at the southwest side of her property and he waved the chain saw over his head and “brandished” the chain saw at her as he “paraded.”
She said five minutes later he was due west of her as she stood in the window and he pointed a long gun at her. She testified she was frightened and took her son and hid behind the couch afraid her neighbor was going to shoot her and the boy. She told police her husband Kevin was at the stove in the kitchen and she told him to call 911. Kevin English told police he didn’t see what happened personally.
She testified she had been going to therapy since January over the traumatic event.
The defense attorney from Neighborhood Defender Service cross examined her, saying she told police she woke up because there was blaring music and actually it was conservative political news celebrating the election and he was parading in his yard. Gillikin later turned off the outside broadcasting.
The defense attorney said Officer Valeska told English that she didn’t know if a crime was committed and that made husband Kevin upset. The defense attorney said, according to the police video and report, both she and her husband tried to convince the officer to charge him, saying that Gillikin was “unstable and had issues.” Stacey said he shouldn’t be allowed to have a gun, the attorney said. Kevin English told police he is a school principal.
The report said Stacey’s father, who lived nearby, came in the house while police were there.
The attorney said in the past Stacey English complained about Gillikin’s chickens getting into their yard. Stacey complained about where he put his fence, the attorney said.
The next witness was Van Buren Township Police Officer Katrina Velevska who was dispatched to the English home at 8:17 a.m. that day. She was told the call was about a male neighbor in a white jumpsuit who pointed a gun at a woman.
She said Gillikin was detained by other officers and then a gun was found out in the open. She testified Stacey English told her the chainsaw wasn’t a threat.
The next witness was called as a defense witness. Van Buren Police Sgt. Jordan Short said he had been called to the Gillikin home near the Metropark before for negligible matters. He testified he went to the rear of the property to try to get an eye on Gillikin with Officer David Champagne. They found Gillikin with a “blowtorch” in hand setting fire to leaves or debris. (Sgt. Short later told Judge Oakley that it was a small propane torch.) He said they thought it was a weapon. Gillikin had no gun on him and he got down as the officers directed, Sgt. Short said.
They found the pellet gun in the open in the front yard and he told them he used it to shoot squirrels.
At that point, Judge Oakley said unless he finds the only eye-witness Stacey English incredulous, I’ll bind over.” He said if what witness A and witness B say is different the truth is for a trier of fact to consider. The district court exam is based on probable cause.
It was reported the gun was not loaded, but that was not part of the testimony. Judge Oakley said his intent was to dismiss the assault charge.
“I believe this lady was sincere,” Judge Oakley said. “She didn’t know what it was because she said she didn’t know anything about guns. And whether it was loaded is for a trier of fact.”
Judge Oakley said no doubt she was in fear, but, “This is an absolute bullshit case that never should have been brought the way it was. I don’t think they should have charged assault with a dangerous weapon.” He said even an AR-15, unloaded, is no more than a club.
“You would have to prove it was possibly a dangerous weapon today,” he said. “You’re asking me to bind over with no evidence whether the window was open and how far from the house he was.” He said distance makes a difference with a pellet gun.
Prosecutor Mohamad kept interrupting and Judge Oakley said, “You’re pissing me off. Sit there like a doll on a shelf.”
The judge said a pellet gun is not a firearm and with no explosion involved it’s not a firearm.
He said he intended to dismiss, but when he got the definition in the specific statute involved, he said he had to bind over.
After Gillikin was bound over on the two original charges, Judge Oakley called for the prosecutor and defense attorney to meet with him privately.
Gillikin was arraigned on the information at circuit court on May 14 and calendar and disposition conferences were held. Final conference was set for July 2, changed to July 18, and a jury trial is set for Aug. 20.
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Michigan Combined Laws (MCL) 750/82 – Except as otherwise provided in this subsection or subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.
MCL 750/227B-A1 (2) A person who carries or has in his or her possession a pneumatic gun and uses that pneumatic gun in furtherance of committing or attempting to commit a felony except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years.
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