At least the BG was convicted of Felony Murder.
Good for the victim for at least attempting to fight back. This was a man, and not a mouse! Tragic loss for his family however.
He wanted money but killed - mlive.com
Good for the victim for at least attempting to fight back. This was a man, and not a mouse! Tragic loss for his family however.
He wanted money but killed - mlive.com
He wanted money but killed
Saturday, June 21, 2008
DARRYL Q. TUCKER
THE SAGINAW NEWS
A Saginaw man says his only job was robbing people, and he told a jury he wasn't a cold-blooded killer when he fatally wounded a Bridgeport Township man.
A jury disagreed with Freddie L. Powell, however, convicting him Friday of felony murder in the May 18, 2007, death of Elijah McCray, 74, at Bagley and East Holland.
Saginaw County Circuit Judge Darnell Jackson will sentence Powell on Thursday, July 31, to a mandatory term of life in prison without the possibility of parole.
Powell killed McCray during a robbery, but he told jurors it was an accident because he and McCray were struggling over the gun. McCray collected money for illegal lotteries, police said.
''I did not want that to happen,'' Powell testified during his trial in Saginaw County Circuit Court. ''I was scared for my life, too.''
Powell apologized for killing McCray. He admitted during his profanity-laced testimony that he had the murder weapon when police arrested him two days after the incident.
''I messed up,'' Powell said. ''I understand I was wrong. I just wanted some money, sir.''
Powell said he was guilty of second-degree murder, armed robbery and the weapons charges prosecutors brought against him but claimed he didn't commit first-degree murder.
In a taped statement jurors heard during the trial, Powell told police that McCray ''messed it up for both of us,'' by grabbing his gun instead of just allowing the armed robbery to take place.
''He messed up for just grabbing the gun,'' Powell said. ''I don't see how I was wrong.''
Assistant Prosecutor James T. Borchard told jurors during his closing argument that Powell pointed his gun at McCray's head and killed him during the robbery, which is felony murder.
''He chose to do the armed robbery with a loaded gun,'' Borchard said.
Jurors deliberated for more than four hours before convicting Powell, who lived at 351 S. 11th, of felony murder, armed robbery of money, resisting and obstructing a police officer, two charges of carrying a concealed weapon and two counts of possessing a firearm while committing a felony.
Defense attorney William D. White said in his closing argument that Powell admitted to all of the crimes except felony murder because of the gun struggle. Powell committed second-degree murder, he said.
McCray was sitting inside his red Chevrolet pickup. Evidence showed that McCray reached for the gun and Powell shot him once in the head at point-blank range, Borchard said.
Powell was in jail without bond.
Police arrested Powell on May 21, 2007, after pulling him over during a traffic stop.
Saginaw Police Sgt. Robert Ruth testified McCray was carrying an undisclosed amount of money and betting slips. When police arrived, McCray's betting slips were gone but the money was there.