in Re Timothy Terrell Bell Jr
333005
| Mich. Ct. App. | Aug 17, 2017Background
- Respondent (age 16, three days shy of 17) was charged with multiple felonies arising from an alleged sexual assault of a 15‑year‑old female high‑school freshman in a secluded girls’ bathroom, including first‑degree CSC and related offenses.
- Respondent allegedly recorded the incident on his phone, showed the video to classmates, and discussed it with others; victim had autism and was found particularly vulnerable and emotionally harmed.
- Prosecutor moved to waive family‑court jurisdiction under MCL 712A.4 to try respondent as an adult; the family division held the mandatory two‑phase waiver hearing.
- Phase One: trial court found probable cause that respondent committed the charged offenses.
- Phase Two: trial court weighed the six statutory best‑interest factors (MCL 712A.4(4)(a)–(f)), giving greater weight to seriousness and prior record, and concluded waiver served the juvenile’s and public’s interests.
- Trial court determined juvenile system programming was inadequate for this offender/offense, respondent’s family was not motivated to assist, and adult system would provide longer‑term services; court waived jurisdiction. Appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion waiving juvenile jurisdiction to try respondent as an adult under MCL 712A.4 | Petitioner (State) argued statutory two‑phase process satisfied: probable cause established and Phase Two factors showed waiver served juvenile and public interests (seriousness, victim impact, lack of suitable juvenile programming, family not cooperative). | Respondent argued evidence did not show that transferring jurisdiction to adult court served respondent’s or the public’s best interests. | Court affirmed: factual findings on all six factors were supported by a preponderance of evidence, not clearly erroneous; waiver was within range of principled outcomes and not an abuse of discretion. |
Key Cases Cited
- In re Fultz, 211 Mich. App. 299 (discussing standard of review for juvenile waiver findings)
- People v. Fultz, 453 Mich. 937 (related appellate treatment on other grounds)
- People v. Babcock, 469 Mich. 247 (abuse of discretion standard explained)
- People v. Williams, 245 Mich. App. 427 (Phase Two waiver procedure and factors)
- People v. Thenghkam, 240 Mich. App. 29 (juvenile waiver statutory framework)
- People v. Conat, 238 Mich. App. 134 (jurisdiction of family division over juveniles)
- People v. Whitfield, 228 Mich. App. 659 (weighting seriousness and prior record in waiver analysis)
- People v. Petty, 469 Mich. 108 (noting limits/abrogation aspects in waiver jurisprudence)
