Joshua Lee Morris, 24, will face a charge of reckless death for driving the car that crashed and killed his friend Marcus McIntosh, 21, in 2014.
34th District Court Chief Judge Tina Brooks held a hearing Feb. 22 to determine if Morris was competent to stand trial since he has been acting mute in the Walter Reuther Psychiatric Hospital in Wayne.
After listening to three witnesses and the mother of the man killed in the accident, Judge Green found him competent and set his probable cause conference for March 8.
Morris’ attorney Murray Duncan said his client has not been able to talk with him and would be unable to help with his defense.
At an earlier hearing, Judge Green asked for another hearing and this time she wanted to see someone from the hospital who sees Morris daily, she wanted to talk to his mother, and she wanted him in the courtroom.
On Feb. 22, Von Eric Gentry, II, said he interacts with the patient and plays Madden football video games with him and sometime beats him. Gentry testified that Morris speaks out loud with him and holds full conversations.
“You’ve spoken to him?” Judge Green asked. “It’s not true he can’t talk?”
Gentry said the previous day he asked Morris if he packed up yet and he said, “No, not yet.” Morris is at the end of the 15 months allowed for him to be in that hospital.
Gentry said Morris talks to him several times a day. Gentry said he talks about football, saying, “I’m going to beat you,” and his family, his wife, days to day activities, mostly robots and cartoons.
The second witness was Tiffany Tibbs, a nurse at the hospital, who sees him five days a week, basic nursing care. He takes his meds, eats, showers, and does everything on his own.
“I read his lips or he writes me a note,” Tibbs said of their conversations.
The third witness was Morris’ mother, Brenda Sevelli, who said he was in the hospital for four days after the accident and he was burned and battered and traumatized. She said she is his legal guardian and sets social security for that. He has brain trauma and PTSD and is bipolar, she said.
“I’ve never heard him talk,” Sevelli said. “He used to talk to me. I don’t believe he knows where he is right now.”
Morris was brought into the courtroom at the beginning of the hearing and was seated next to his attorney hunched over with his head and face covered with a black and white striped hood.
The mother said the accident was July 6, 2014 and he checked out on July 8. She told of all he places he lived over the next few years, including at her home in Kirkridge, a trailer on Mott Road, and a room rented from a girl who knew him from school. He was in a brain trauma center and then St Joseph Mercy Hospital.
“After he had been charged here, he shut down completely,” she said.
Attorney Duncan said he asked his client if he recognized him, if he knew where he was, and if his mother was here and Morris shook his head three times.
The Prosecutor said Morris has selective mutism and exaggerates symptoms to avoid criminal charges. He said the defendant is competent to stand trial. A Feb. 8 medical report said Morris is competent.
Duncan said he went over all the reports and one said he would always have cognitive problems. “Just because he can communicate doesn’t mean he understands,” Duncan said.
“Ever play Madden football?” Judge Green asked Duncan and he said he hadn’t. “I have,” she said. It’s not repetitive. It’s difficult and I didn’t do very well.”
She said the problem with this case is that it’s a tragic accident and they were close friends.
The mother of the victim called out they were not close friends and Judge Green let her speak from the courtroom audience. The mother said in middle school she said Morris could no longer come to their home because of bad choices he had made. She said she hadn’t seen him in three years until he came to their home in June 2014. Her son said he would be a good influence on Morris.
“My son brought him back into his life and a month later he was dead,” she said.
Judge Green said she believes Gentry that Morris played games and talked with him and takes care of his own needs.
“I think he’s competent,” Judge Green said. “I deem him competent.”
Morris is out on personal recognizance bond and it is expected his mother will take him in. Officer Mark Buxton is the officer in charge of the case.
Chad Ryan Vanover
Larissa Lydia Gagnon
The probable cause conference for Chad Ryan Vanover was postponed until March 15 at 10 a.m. since he is in custody on a different charge. Larissa Lydia Gagnon, Vanover’s co-defendant, was present with her retained attorney Jeffrey Weberman. Her probable cause conference will be at the same time as Vanover.
The two are parents of a 19-month-old male child who was hit and killed by a vehicle in the 40000 block of Harris Road on Aug. 31, 2015. They both are charged with homicide/manslaughter and second-degree child abuse.
He was out on $5,000 personal recognizance bond and she was free on $20,000 personal recognizance bond.
Nelson S Po
A jury trial has been set for 9 a.m., April 28, for Nelson S. Po, 67, of Sumpter Township who is facing a misdemeanor charge of molesting or disturbing workers on Oct. 29, 2015 at Atchinson Ford in Van Buren Township.
His attorney Ron Ruark said he will have no more than five witnesses and the state prosecutor is expected to have two or three. Judge Green asked about a plea deal and Ruark said there has been no offer so far.
Po is accused of confronting Sumpter Township Trustee Don Swinson at his place of business after Po’s marijuana growing business was raided by Sumpter Police. Swinson’s father lives next door to Po and has complained about the smell of the marijuana.
Wisam Louis Mansour
Wisam Louis Mansour, 47, is lodged in the Wayne County Jail on $75,000 cash bond, facing charges of criminal sexual conduct-1st degree, home invasion-1st degree, criminal sexual conduct second degree, criminal sexual conduct-assault, and stalking.
The probable cause conference was adjourned for a week because an interpreter is needed because the defendant is deaf. Mansour has no prior record and suffers from severe obesity and arthritis in his knees. His attorney asked for a reduction in bond and Judge Green lowered it to $50,000/10%.
There will be one interpreter needed for the March 1 probable cause conference and two for the preliminary exam, since the victim also is deaf. Officer in charge of the case is VBT Det. Ken Toney.
Kial Johnglen Smith
The preliminary exam for Kial Johnglen Smith, 19, of Wayne is set for 10 a.m. March 29 on charges of assault with intent to cause murder, assault with intent to cause harm less than murder in VBT’s Haggerty Subdivision on Jan. 21, when he is accused of stabbing his uncle in the chest. VBT officer in charge of the case is Mike Long.
Smith’s bond was set at $500,000/10% and has been posted. His attorney is Ronald L. Marsh.
Ann Burroughs-Cummings
A charge against Ann Burroughs-Cummings of making a false report in the City of Belleville was dismissed when the witnesses necessary for prosecution did not show up for the preliminary exam. The Prosecutor said they were not ready to proceed. Belleville Officer Jeff Wickham was the officer in charge.