Jason Gibson’s freedom on the day he is alleged to have killed a cop reveals what some claim is a fatal flaw in Wayne County Circuit Court: an effort to reduce the overwhelming caseload with aggressive plea bargaining.
Gibson, 25, had multiple felony convictions, a history of gun crimes, assaults on police and failure to honor terms of probationary sentences.
After being charged in November with another gun crime and another probation violation, he was freed on bond in January. He didn’t show up for his trial in March, but Gibson was back in custody May 3, suspected in the fatal shooting of Detroit Police Officer Brian Huff.
“This defendant should have been held longer, but this isn’t unusual,” said Wayne County Prosecutor Kym Worthy. “It is an everyday issue.”
With more than 16,000 new felony cases annually in Wayne County, Worthy said she’s aware that aggressive plea bargaining and case clearing efforts can result in dangerous people remaining on the streets. But without the effort, the criminal trial backlog would be “three or four years deep,” she said.
“What happened in this case was tragic, but we make the best decisions we can in our overburdened and underfunded system,” Worthy said. “Public safety is government’s No. 1 priority, but to take every case to trial … we would need more judges, more courtrooms and more jails. I can’t keep from losing lawyers with our budget restraints, let alone add them.”
Gibson’s breaks in Wayne Circuit Court began when, at 18, he entered the court’s unique “rocket docket,” implemented in the 1980s in what was then Detroit Recorder’s Court for the purpose of reducing an increasing number of criminal cases.
Four specialized judges now handle introductory hearings on most of the county’s felony charges. Murder, rape, serious assault and gun crimes aren’t included, but the judges deal with an astounding number of defendants at lightning speed, and prosecutors plea-bargain away charges sometimes against their better judgment.
Accelerated dockets have been tried in other cities across the country, but never on the massive scale of the state’s busiest criminal court.
In Wayne County, most cases come first to Judges Margie Braxton, James Chylinski, Edward Ewell Jr. or David Groner. They don’t do trials. These jurists keep a case for up to 21 days if there is a chance of avoiding trial. If not, the case is assigned through a blind draw to one of 23 criminal trial judges.
A daily rocket docket sees up 50 individuals paraded before any one of the judges for arraignment on new charges; guilty pleas to reduced charges through deals; sentencing; or appearances for violations of probation. Sentences are often probationary to avoid jail overcrowding.
Groner’s most famous probationer is former Mayor Kwame Kilpatrick, but the judge’s staff can’t say how many others he oversees. When Groner took his accelerated docket in 2007, he inherited the probation cases of three retired judges. Putting about a dozen more on probation every working day, his number of rocket docket probationers is believed to be in the thousands.
“It’s an assembly line,” said William J. Winters, president of the Wayne County criminal defense lawyer’s association. “Around here, the mission is to push it through regardless of the consequences. Is justice done? Hardly. When you’re accused of assaulting a police officer, you should stand out to a judge.”
Clearing cases necessary
Consider Gibson’s history: In July 2003, he pleaded guilty to reduced charges after being accused of stealing a car and fleeing police. He was given probation, which records show he didn’t complete.
In March 2005, Gibson was accused again of stealing a car, this time with a gun in Grosse Pointe, and fleeing police. Because of the gun, he got a mandatory two-year prison sentence from former Judge Richard Hathaway, now a senior member of Worthy’s staff.
Timothy Kenny, presiding judge of the circuit’s criminal division, explained that plea bargaining to clear cases is a necessary practicality. It saves space in the overcrowded Wayne County Jail, gets drug users treatment and saves the court’s time for more serious matters.
“Setting two trial days committed to a bad check writer means a judge can’t commit time to a worse criminal matter, a rape or murder. Then the bad check writer comes in on day of trial and pleads (guilty). Now, I have wasted two days,” Kenny said. “Those … should be resolved as quickly as possible.”
In November 2007, Gibson was caught by police in a boarded-up house cutting a large rock of crack cocaine into smaller pieces, according to court transcripts. When an officer yelled, “Detroit Police,” Gibson ran toward him instead of running away, knocking the cop off the porch.
After a chase, the officer’s partner caught up with Gibson as he was trying to climb a fence. Gibson kicked the officer in the chest before being pulled down, along with the fence. Once on the ground, Gibson reportedly went for the officer’s gun. He was subdued when help arrived.
Felon given multiple chances
A month later, despite the gun charge, Gibson was back on the rocket docket, where Groner gave him three more years’ probation. Gibson returned to Groner’s court because he was on probation to the judge. The plea deal was part of a sentence agreement presented by the prosecutor, despite guidelines calling for a minimum one-year sentence for charges of narcotics possession and the attempted disarming of a police officer. Five other charges were dismissed.
Groner warned Gibson, “If you violate probation, sir, you’re going back to prison. OK?”
“Yes, sir,” Gibson answered.
But Gibson dropped off the radar again, and a warrant for his arrest as a probation absconder was issued in April 2008.
Members of the Detroit Police Gang Unit say they caught him in November 2009, allegedly in possession of a handgun stolen from an Ohio police officer.
When Gibson was brought before Groner to face arraignment, Groner ordered Gibson to trial before Judge Cynthia Gray Hathaway on charges of being a felon in possession a firearm, illegally carrying a concealed firearm and use of a firearm in the commission of a felony.
Groner disregarded a probation department recommendation for $10,000/10 percent bond and instead sent Gibson to the Wayne County Jail in lieu of a much higher $25,000 cash surety bond and waited for the outcome of the trial before Hathaway.
Gibson bonded out in January, arranging with a bail company to front $30,000 cash, according to court records.
He showed up for the start of his trial on Feb. 17, but it was canceled by Hathaway. He showed up for trial again on March 3, but it was canceled on request of the defense. On March 5, Hathaway issued an arrest warrant when Gibson failed to appear for the third try at a trial.
System frustrates officers
Last Monday, Gibson was arrested and placed under guard in a hospital, where he is being treated for wounds from the police shootout. Huff was buried Saturday. Worthy’s office is considering a murder warrant request.
“Plea bargaining is a necessary reality of what we do,” Kenny said. “Sometimes, very regrettably, we look back and see some tragedy does occur.”
The case docket, available from the Circuit Court Clerk’s Office, states Hathaway granted a bond reduction request on Jan. 22. But the day after Huff’s death, Hathaway added “attachments” to the file that explain she actually toughened Gibson’s bond requirements. The file was withheld by Hathaway from inspection by The Detroit News.
Kenny has explained that the court docket is in error about Hathaway granting the bond reduction. He said he has reviewed a transcript of the Jan. 22 hearing that reveals Hathaway in fact increased the sum Gibson needed to get out of jail. Kenny offered no explanation for Hathaway’s withholding of the file.
Detroit Police Chief Warren Evans said officers are frustrated with seeing light treatment by the courts of the suspects they risk their lives to arrest.
“People complain about police response. But you need a motivated police force that is not feeling low because of the cliche of the revolving door,” said Detroit Police Chief Warren Evans. “A cop makes a gun and dope arrest, and two days later, he’s driving around the neighborhood and the guy’s out on the street.”
The consequences of a broken judicial system affect more than just Detroiters.
“Crime is the cancer that can kill the community,” said L. Brooks Patterson, Oakland County’s chief executive and a former prosecutor. “The courts have the role making it safe by the kinds of sentences they impose. If he’s a bad guy, he belongs in jail. You don’t see that attitude too much in Wayne County. They tell you there’s no room in the inn (jail).”
Source:The Detroit News/ Charlie LeDuff
