Good story.
http://www.macombdaily.com/art...srv0000006402799.txt
Wounded rapist gets 15 years
Published: Wednesday, September 16, 2009
By Jameson Cook, Macomb Daily Staff Writer
A Warren man who was shot in retaliation for raping a young, female relative was sentenced Tuesday to 15 years in prison.
Lloyd Fowlkes, 33, received the 15- to 40-year penalty after pleading guilty last month to one count of first-degree criminal sexual conduct, in a plea deal with Macomb prosecutors.
Fowlkes raped the young girl, prompting two cousins who are brothers, to shoot Fowlkes nine times below the waist in front of his home on Julius Avenue, near Nine Mile and Schoenherr roads. For their actions, Jesse Montgomery III, 23, of Detroit, and Daniel Long, 31, of Warren, in July pleaded no contest to assault with intent to do great bodily harm, punishable by up to 10 years in prison.
They are scheduled to be sentenced Sept. 29 by Judge James Biernat of Macomb County Circuit Court in downtown Mount Clemens.
Fowlkes, who was hit with a shot in the groin, was hospitalized for two days following the March 20 shooting. He had appeared in a wheelchair at prior court hearings but Tuesday was walking when he was sentenced by Circuit Judge David Viviano. Previously free on bond, he was immediately taken into custody.
A letter from the victim was read in court in which the girl said she "hated" Fowlkes and asked that he receive the maximum penalty, according to a court observer.
The girl is receiving psychological counseling for the assault.
Fowlkes was originally charged with two counts of first-degree criminal sexual conduct and one count of second-degree criminal sexual conduct for raping the female relative who was only described in court as being under the age of 13. Instances of the sex assaults occurred before and after a new law took effect that requires a minimum sentence of 25 years in prison for anyone convicted of raping someone under 13; Fowlkes pleaded guilty to one count of first-degree under the old law.
Fowlkes on Tuesday tried to withdraw his plea and go to trial but Viviano rejected the attempt.
Montgomery, who fired the shots, and Long were originally charged with conspiracy to commit murder and attempted murder, both punishable by up to life in prison.
The brothers pleaded to the reduced charge in a deal with Macomb prosecutors. The no-contest plea is treated as a guilty plea in criminal court but provides some legal protection in civil court.
After Montgomery shot Fowlkes, he and Long fled in a van. Montgomery turned himself in within a few days while Long was taken into custody months later.
Fowlkes turned himself in to police within weeks of the shooting and was charged.
In 1999, Fowlkes was sentenced to serve four and one-half to five years in prison after pleading no contest to manslaughter with a motor vehicle, and two to five years for failing to stop at the scene of an accident that caused serious impairment or death, stemming from a traffic crash in 1998. He was released in May 2006.
http://www.macombdaily.com/art...srv0000006402799.txt
Wounded rapist gets 15 years
Published: Wednesday, September 16, 2009
By Jameson Cook, Macomb Daily Staff Writer
A Warren man who was shot in retaliation for raping a young, female relative was sentenced Tuesday to 15 years in prison.
Lloyd Fowlkes, 33, received the 15- to 40-year penalty after pleading guilty last month to one count of first-degree criminal sexual conduct, in a plea deal with Macomb prosecutors.
Fowlkes raped the young girl, prompting two cousins who are brothers, to shoot Fowlkes nine times below the waist in front of his home on Julius Avenue, near Nine Mile and Schoenherr roads. For their actions, Jesse Montgomery III, 23, of Detroit, and Daniel Long, 31, of Warren, in July pleaded no contest to assault with intent to do great bodily harm, punishable by up to 10 years in prison.
They are scheduled to be sentenced Sept. 29 by Judge James Biernat of Macomb County Circuit Court in downtown Mount Clemens.
Fowlkes, who was hit with a shot in the groin, was hospitalized for two days following the March 20 shooting. He had appeared in a wheelchair at prior court hearings but Tuesday was walking when he was sentenced by Circuit Judge David Viviano. Previously free on bond, he was immediately taken into custody.
A letter from the victim was read in court in which the girl said she "hated" Fowlkes and asked that he receive the maximum penalty, according to a court observer.
The girl is receiving psychological counseling for the assault.
Fowlkes was originally charged with two counts of first-degree criminal sexual conduct and one count of second-degree criminal sexual conduct for raping the female relative who was only described in court as being under the age of 13. Instances of the sex assaults occurred before and after a new law took effect that requires a minimum sentence of 25 years in prison for anyone convicted of raping someone under 13; Fowlkes pleaded guilty to one count of first-degree under the old law.
Fowlkes on Tuesday tried to withdraw his plea and go to trial but Viviano rejected the attempt.
Montgomery, who fired the shots, and Long were originally charged with conspiracy to commit murder and attempted murder, both punishable by up to life in prison.
The brothers pleaded to the reduced charge in a deal with Macomb prosecutors. The no-contest plea is treated as a guilty plea in criminal court but provides some legal protection in civil court.
After Montgomery shot Fowlkes, he and Long fled in a van. Montgomery turned himself in within a few days while Long was taken into custody months later.
Fowlkes turned himself in to police within weeks of the shooting and was charged.
In 1999, Fowlkes was sentenced to serve four and one-half to five years in prison after pleading no contest to manslaughter with a motor vehicle, and two to five years for failing to stop at the scene of an accident that caused serious impairment or death, stemming from a traffic crash in 1998. He was released in May 2006.
