Court Watching: Jonathan Enos bound over for assault outside Applebee’s restaurant

Jonathan Anthony Enos, 36, was bound over to circuit court by 34th District Court Judge David Parrott after a preliminary exam on Jan. 23.
Enos was charged with assault to do great bodily harm less than murder and aggravated assault in the parking lot of Applebee’s restaurant in Van Buren Township on Aug. 30.
He is due at the Frank Murphy Hall of Justice on Feb. 6 for an arraignment on the information. Enos is free after posting bond of $10,000/10%. His retained attorney is Brian Brown.
During the preliminary exam before Judge Parrott, the 17-year-old victim, Nicholas Franklin, testified. He said he was on his way to work at Applebee’s, driving his car from Haggerty Sub and was at Tyler Road light at Belleville Road.
He said that was the last thing he remembered before he woke up in St. Joseph Mercy Hospital. He said he got sutures on his head, a metal plate in his head and was in the hospital for 14 days.
He said he has no memory of how he got the injury, why he got the injury and still suffers from migraines and headaches. He now works at McDonald’s.
Another witness, John Henry, said he was sweeping the Applebee’s parking lot when he heard arguing and looked up and saw Nicholas and the defendant. He said he heard it escalating and looked and saw the defendant pick up Nicholas. He grabbed Nicholas by the waist and lifted him almost to his shoulders and slammed him down on the concrete.
Henry said Nicholas didn’t make an attempt to assault the defendant, who drove off after the assault.
He said Nicholas started having seizures, turned purple, turned white and then he called 911. He said he told the police the height, and body weight of the person who left and gave a description of the vehicle.
Henry said the person was three to four times bigger than Nicholas.
Under cross examination, Henry said he saw the two were face to face and he felt an assault was going to happen. He testified he called Nick’s name to try to get him away.
“Nick looked like he was trying to defend himself and both were in a fighting stance,” Henry testified. He said he saw “arms flailing” but didn’t see who touched who.
Henry also testified, at first he thought it might be Nick’s father and he didn’t want to get involved. He said the whole thing was no more than two minutes.
The defense attorney said it sounds like mutual combat and there was no intent for great bodily harm. The arms around his waist sounds like trying to restrain Nicholas and the defendant did nothing to him once he was on the ground.
Judge Parrott said this is a question of fact for a jury and there is a great disparity in size and weight. He ruled there was sufficient probable cause and he bound Enos over to circuit court for an arraignment on the information on Feb. 6.
Mateo Anthony Mercado
Mateo Anthony Mercado, 18, had his case adjourned for two more weeks until Feb. 6 at 9 a.m.
Mercado’s attorney Aaron Boria came forward with a plea bargain for his client from the prosecutor that included “attempt to flee police in a vehicle” and Judge Parrott questioned such a plea, since Mercado got away.
The charges were fleeing police in a vehicle, malicious destruction of fire or police property, high blood alcohol content, driving with an open intoxicant, and alcohol in possession of a person less than 21 years of age in the City of Belleville on Dec. 23.
After sending the attorney back to talk to the prosecutor, they returned and Judge Parrott said he will accept the plea, but, “I won’t put him on probation because I don’t feel like supervising him. I’m not going to grant HYDA,” referring to a special program for young offenders.
Mercado is free after posting bond of $5,000/10%.
Ryan McKinley Sevilla
Ryan McKinley Sevilla, 31, was charged with first degree retail fraud in VBT on July 20. He had personal recognizance bond of $3,000, but was lodged in the Wayne County Jail on charges from other jurisdictions.
David Aaron Lipscomb
David Aaron Lipscomb, 20, who was charged with aggravated indecent exposure in Van Buren Township on Dec. 16, was scheduled for his probable cause conference before Magistrate Lisa Martin on Jan. 23.
He waived his upcoming preliminary exam and he was bound over for an arraignment on the information at circuit court on Feb. 6. He is free on $20,000 personal recognizance bond. His retained attorney is Carl Jordan.
Robert Vigh
Robert Vigh, 30, had his probable cause conference scheduled for Jan. 23 before Magistrate Martin, and he waived his upcoming preliminary exam and was bound over to circuit court for an arraignment on the information on Feb. 6.
He is charged with delivery/manufacture of marijuana in the City of Belleville on Sept. 17. Rachel Jordan is his court-appointed attorney.