People of the State of Michigan v. Michael David McKerchie

Lancing, Michigan criminal defense lawyer represented the Defendant escape from custody.





In September 2020, McKerchie was pursued by the police after he stole a vehicle. During the pursuit, he crashed into another vehicle, seriously injuring both the other driver and himself. Although McKerchie attempted to flee on foot, he was apprehended by the police. Because his spleen was ruptured in the crash, he underwent surgery to remove it. He was then housed in the Ingham County Jail awaiting trial on four felony charges arising from the incident.



On November 12, 2020, McKerchie escaped from the jail and stole another vehicle. Although a taunting note that he left in his jail cell suggested that he was leaving the state, he was spotted driving yet another stolen vehicle in Eaton Rapids on November 21, 2020. Again, he crashed the vehicle he was driving while being pursued by the police. When he was arrested, he stated, "That old ass jail aint going to hold me. I'll do it again, watch me." He also kicked out the

center barrier in the police vehicle and spat on the deputy. At the hospital, he threatened to assault and spit on hospital staff until he was sedated.





The sentencing court must consult the advisory sentencing guidelines, which "embody the principle of proportionality," when determining what sentence to impose. People v Dixon-Bey, 321 Mich.App. 490, 524-525; 909 N.W.2d 458 (2017). When determining whether an outside-the-guidelines sentence "is more proportionate than a sentence within the guidelines range," the court may consider the following factors: "(1) whether the guidelines accurately reflect the seriousness of the crime, (2) factors not considered by the guidelines, and (3) factors considered by the guidelines but given inadequate weight." Id. Factors not considered by the guidelines include "the defendant's misconduct while in custody, the defendant's expressions of remorse, and the defendant's potential for rehabilitation." People v Lawhorn, 320 Mich.App. 194, 207; 907 N.W.2d 832 (2017) (quotation marks and citation omitted). See also People v Abcumby-Blair, 335 Mich.App. 210, 243; 966 N.W.2d 437 (2020) (stating that an outside-the-guidelines sentence may be warranted "when the guidelines minimum sentence range did not adequately account for a defendant's prolific criminal history, recidivism, and poor prospects for rehabilitation."). "[I]f the seriousness of the defendant's conduct and his criminal history have already been taken into account in determining the guidelines range, they cannot be used to justify the trial court's departure, unless the trial court finds that these factors have been given inadequate or disproportionate weight." People v Babcock, 469 Mich. 247, 258 n 12; 666 N.W.2d 231 (2003).



McKerchie's minimum guidelines range was 12 to 48 months. The trial court sentenced him to a minimum sentence of 72 months. In doing so, the court found that the guidelines did not adequately account for the nature and extent of McKerchie's criminal history and his conduct while incarcerated. The trial court also considered the prosecution's argument related to the need for punishment, rehabilitation, protection of society or the community, and deterrence to others. The court further noted McKerchie's lack of remorse, his misconduct while in custody, and his lack of potential for reformation.



People v. McKerchie, 367418 (Mich. App. Nov 19, 2024)

Affirmed