1 Defendant in Steve Utash Attack Gets a Year in Jail; Another’s Sentencing Delayed

Robert Allen, Detroit Free Press, July 10, 2014

One of four Detroit men who admitted to taking part in the April beating of Steve Utash received a sentence below the legal guidelines today, despite the prosecutor’s objection.

James Deontae Davis, 24, was given a year in jail or work release with five years of probation after an “honest expression of remorse and apologies,” said Wayne County Circuit Judge James Callahan. A presentencing report set guidelines from 19 months to more than three years in prison.

Davis and Latrez Cummings, 19, were to be the last two people sentenced in the brutal beating that left Utash, 54, in a coma for 10 days last April. Callahan delayed Cummings’ sentencing to July 17 as the lawyers try to confirm whether he was, as he claims, enrolled in school remotely at the time of the April 2 beating.

Utash continues to recover from severe head injuries, suffered when he was knocked off his feet and pummeled after he hit a 10-year-old boy who stepped off a curb in front of his truck. Relatives said he has brain damage resulting from the beating by up to 20 people.

Two of Utash’s family members were in court today but didn’t speak. They could be seen shaking their heads as the Davis sentencing proceeded.

“I’d be upset if I was them, too,” Jason Malkowicz, Davis’ attorney, said afterward. “But I think the judge did what he had to do, and he did the right thing. I think he was fair.”

Wayne County Prosecutor Kym Worthy’s Office announced in an e-mail that it will appeal Davis’s sentence because it was below the sentencing guidelines.

{snip}

Davis named Utash and his family members, as well as the city of Detroit, in his apologies.

“I know the city’s already got a bad name, and I know that incident that took place, that I joined in, didn’t make the city look any better,” he said. “I don’t want my whole life to be judged on that one moment.”

{snip}

Assistant Wayne County Prosecutor Lisa Lindsey made clear her objection to the sentence and might appeal. But Malkowicz said afterward that because there was some dispute to the guidelines, it’s possible an appeals court could give Davis a sentence of even less time than he was given.

Callahan acknowledge that he received numerous letters of support from Davis’ loved ones, many of whom were in the courtroom today.

Callahan also said that he was “embarrassed” that he let Steve Utash’s brother, Ken Utash, go as far as he did with his Monday statements. Ken Utash used the F-word, then briefly apologized as he pointed and raised his voice at Wonzey Saffold, another defendant who was sentenced to 6-10 years in prison.

Also Monday, another defendant, Bruce Wimbush Jr., 18, who has no prior criminal history, was given three years of probation under the Holmes Youthful Trainee Act and must submit to drug screenings, Callahan said.

The 17-year-old, who was charged in juvenile court because he was 16 at the time of the incident, admitted to a similar assault charge.

As part of the plea agreement, a charge of ethnic intimidation was dismissed. {snip}

{snip}

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  • My snarky self would say, “who would actually want to hire him?”

    Then I realized that Detroit does have a city government.

  • Oil Can Harry

    The judge gave homie a break because of his “honest expression of remorse and apologies..”.

    Indeed, he was very sorry… that he’d gotten caught.

  • The sentence is a travesty. Negro judge, I presume.

    It’s open season on whitey in Motown, as it is in many places now. We have to leave our homes in the morning with the resolve that if we’re attacked we must fight back with deadly force. Otherwise, we’ll be the ones dead. In motoring accidents involving the dark ones, do not stop, go directly to a police station and explain why you didn’t stop.

  • r j p

    Callahan delayed Cummings’ sentencing to July 17 as the lawyers try to confirm whether he was, as he claims, enrolled in school remotely at the time of the April 2 beating.

    So an online education program is now grounds for leniency?

  • MekongDelta69

    Just like the other day, Circuit Judge Sonia Sotomayer James Callahan lets off another black because he said, “Ah be sah-ree ’bout dat.”

    If a black guy had stopped to help and a bunch of White guys beat the black guy up just for helping (which wouldn’t happen), they’d have been put to death six ways til’ Sunday.

  • Luca

    The judge may as well have said: “No TV for three days, no basketball practice with your friends and you must write “I sure is sorry.” 100 times on the blackboard.”

  • One year is misdemeanor time.

    It is nice to know how much our government parasites value the working taxpayers who pay their salaries. It’s also nice to know that we will have our next civil war before I am too old to fight.

  • Alexandra1973

    My cousin once got 7-10 for beating the snot out of someone (after removing their glasses). I might add that he lives in the Detroit area and he’s half-Puerto Rican.

  • John R

    And if a gang of young Whites beat a black man almost to death? You think any honest expression of remorse would get them a lenient sentence? Yeah, right! Don’t tell me the justice system is unfair to the poor black people.

  • MBlanc46

    Did anyone seriously expect that these vermin would do any real time merely for beating a white man senseless and ruining his life?

  • [Guest]

    Let’s have a look at the “four Detroit men.”

    • IstvanIN

      How can anyone see them and then see us is beyond me.

      • r j p

        Ask #4 in the blue shirt what the square root of 4 is.
        Funny thing is, he is probably the smartest one of the bunch.

        • [Guest]

          That specimen knows that the square root of 4 is either a sexual act or a refrigerated fruit drink available at the convenience store.

      • [Guest]

        And yet the likes of Deontae and Latrez are our superiors as far as the government and media are concerned.

    • r j p

      Is that a “reporter” above defendant #3?

      • [Guest]

        The J.C. Penney ladies’ business suit and towering hair extensions betray her. She was attempting to ape the appearance of intellectual rigor and quiet, dignified wisdom but came out looking like she be one dem sofristikated black womens dat’s tryin to pass.

    • Matt Turner

      Members of Obamas staff?

      • [Guest]

        Members of his army.

  • willbest

    With sentencing like this, cars, South African style, will be in vogue.

  • meanqueen

    The judge was “embarrassed” that he didn’t stop the victim’s brother from speaking out angrily about the beating??? WTH? Justifiably angry speech is bad but racist black murderous mob beating is not bad? AM I IN THE TWILIGHT ZONE?

  • Ograf

    He shows remorse because he got caught. If the roles were reversed the White guy would have gotten 20 years, + enhancement as a hate crime. Of course you all know that. I honestly wish there was something we could do to right some of this bs injustice.

  • southsiderefugee

    The judge adopted 8 Black children.

    • Olorin

      Again, James A Callahan is this judge; the ex-priest dood is Michael James Callahan. Both judges. See comment links above.

  • joey

    With any luck, this judge will be the next contestant to play the knockout game.

  • Zaporizhian Sich

    This just proves whites are an oppressed majority, soon to be an even more oppressed minority. It should be clear that our rights and lives mean nothing, and if we cannot get justice from the law and the courts that means only one thing. Justice will come from vigilantism and the barrels of guns. Sooner or later if this keeps up, and enough whites are maimed, raped and killed with little or no consequences for non-white attackers two thing are going to happen. Their violence against us will only get more savage and frequent, and we will sooner or later are going to be forced to retaliate through vigilantism, then wars of liberation. I bet four white men who beat another white man nearly to death would be punished far more severely, to say nothing of four white men beating a black man senseless.

  • scutum

    These sentences are somewhat harsh for Negroes who were just being Negroes.