Court Watching: Judge Oakley gives tongue lashing to two teens for their antics

Deven Michael Wheeler, 18, and Owen Neal Anderson, 18, both of Jackson, accepted a plea deal, pleading guilty to two misdemeanors: breaking and entering a building without permission and larceny of items between $100 and $1,000.
These charges came after the two males broke into a shed on North Liberty Street in the city of Belleville on Oct. 15 and then broke into another building to steal bicycles so they could pedal back to Ypsilanti.
They stood before Judge Oakley on Nov. 2 to tell their stories. They said they were joyriding on I-94 and heading to Jackson when the got off the freeway at about 3 a.m. They said cops pulled them over and Anderson was driving on a restricted license. The cops took their car and they were left on the side of the road, they said.
They said they broke into a shed to get out of the cold and then decided to break into another building to get bikes.
Anderson said a friend of theirs tried to break into a house and got shot.
Judge Oakley agreed that people out here in the small communities don’t always call 911.
He called their thinking a “brain fart” and “headline worthy” to break into a shed to get warm and steal bikes.
“Your level of stupidity is scary,” Judge Oakley told the teens.
He said the prosecutor gave them a gift by offering a misdemeanor deal that could include HYTA (Holmes Youthful Training Act).
“This kind of criminal conviction follows you all through life,” he said.
Anderson said he was attending classes at Washtenaw Community College and Wheeler said he would like to go to college after he graduates from high school. He told Judge Oakley he had a 2.8 grade point average and Anderson said his was 3.2 or 3.3 in college.
“You probably could be 4.0 material,” Judge Oakley said to the young men. “You should be horse-whipped.” Then he quickly told Wheeler’s father, who stood next to his son, that this was not a suggestion for him.
“It breaks my heart,” Judge Oakley said, referring to youngsters heading in the wrong direction.
The third young man involved in this case will be before Judge Oakley in three weeks.
Judge Oakley sentenced Wheeler and Anderson each to 40 hours of community service at a non-profit agency before the first of the year, court costs of $195 each, and to stay out of trouble for 12 months and the offense will be erased from their records.
He also urged them go to a military recruiter and talk to them. He said the cost of education is so expensive that getting it paid for after military service would be a great plan.
“And, stop the stupid decision-making – all three of you,” Judge Oakley concluded.
Anthony Joseph Young
Anthony Joseph Young, 30, held his preliminary exam on Nov. 2 before Judge Oakley on charges of assault with a dangerous weapon, weapons-felony firearm, malicious destruction of property (more than $200 but less than $1,000), and domestic violence on Oct. 15 in a home on Rustic Lane East, Rawsonville Woods in Sumpter Township.
Wayne County Assistant Prosecutor Hillary Zizu first called the complainant Megan Delph to testify. Delph said she woke up at 5 p.m. and saw Young going through her car. She said he told her he had a key made.
Delph said when she confronted him about what he was doing in her car, she said he would kill her then snapped her phone in half when she tried to phone for help. She testified he grabbed her by the throat with one hand twice and threw her to the ground, picking up a stool to hit her, but then not hitting her. She said he then held a gun to her head and repeated that he would kill her.
Delph recognized the 40 caliber handgun as a gun he has carried in the past. She testified that he then put the gun to his own head and she learned it had no clip in it.
“How did you feel when he pointed the gun at your head?” Prosecutor Zizu asked and Delph replied, “Dead.”
She said she ran to her car and contacted police and told them where the gun was and the code to the gun safe.
Young’s court-appointed attorney Shakir Hawkins cross-examined Delph who testified that she called her dad from a gas station and they drove together to the Sumpter Police station. She didn’t go to the hospital with her injuries, but took pictures of them. She said that she and Young co-owned the home.
Hawkins said Delph asked Young’s father to have his son sign off on the mobile home so she could own it all alone.
Sumpter Police Sgt. Chris McGlynn testified he was dispatched to the police department that day to take Young into custody after determining there had been a domestic assault. Sgt. McGlynn said he had spoken to Young earlier and then the victim and determined there was probable cause.
He testified after the incident the young woman “appeared shaken, concerned for her safety … very shaky.”
Sgt. McGlynn testified the weapon allegedly used was a Springfield 40 caliber, blue steel and black, semi-automatic weapon. He said once Young was in custody, Delph took him inside and showed him the 4’x3’ green gun safe. He testified she opened that safe and showed him the pistol safe within, gave him the combination, and he opened it.
On cross examination, Sgt. McGlynn testified that Young had called him earlier that day to the mailboxes at Rawsonville Woods where he said his teeth got stolen.
Defense attorney Hawkins said Young has a bridge and superglues his teeth in and claimed Delph had taken his teeth and demanded $100 to get his teeth back.
The attorney said Young said his teeth had fallen out while driving a car and they fell into the back seat. He reportedly said she cut her finger and was spreading the blood around to look like he hurt her.
Prosecutor Zizu moved to bind Young over on all charges.
Hawkins argued Delph was trying to gain leverage to get the mobile home, no injuries were visible, and no hospital used. Police had to go through two safes to acquire the gun.
“I don’t think he had a weapon on him,” Hawkins said.
Prosecutor Zizu said Young is not charged with anything needing to show injury and that a reasonable person has to feel threatened when a gun is pointed at her. Delph testified she was in fear for her life and she didn’t know there wasn’t a clip, the prosecutor said. There was ample time to return the gun to the case before police arrived.
Judge Oakley said the testimony from Delph was “credulous” and ordered Young to be bound over to circuit court on the charges for a Nov. 16 arraignment on the information.
James Forrest Chapman
Attorney John Day was in court for motions representing James Forrest Chapman, 56, on a 2015 misdemeanor charge of refusing to give a DNA sample when arrested on a felony charge. Day said he had no motion and Judge Oakley set a bench trial for 11 a.m., Dec. 14, on the charge.
Chapman also is facing another charge of refusing to give a DNA sample after a 2016 arrest for assaulting / resisting / obstructing a police officer. A court-appointed attorney is representing him in this case. His jury trial on these charges was declared a mistrial and Circuit Court Judge Margaret Van Houten reset that jury trial for Jan. 23.