In the recent news, a 55-year-old man, Patrick Mikes Sr., of Troy was reported missing by his sons. Mikes Sr. went out for a bike ride and never returned home. Two days later, his sons reported him missing. A week later, the investigation of a missing person is turning into a suspected homicide case. No one has seen Mikes Sr. since last week and the bike he was last seen riding is still missing. Patrick Mikes Jr. has been targeted as a murder suspect in this case; however, charges have not been filed in connection with this crime.
For the prosecutor to charge Mikes Jr. with the crime of murder, the prosecution will have a difficult case to win. A case such as this revolves around purely circumstantial evidence. Circumstantial as opposed to direct evidence requires the fact finder to draw inferences to link the facts to the end result.
The circumstantial evidence in this case thus far has been the scientific evidence or DNA evidence found in the Mikes family home. Sources say a great deal of blood was found in the basement of the home. The blood is being tested in the Detroit crime lab. This is circumstantial because it could have come from anywhere and anyone. It is possible the blood has nothing to do with the disappearance of Mikes Sr. In addition, Mikes Jr. was seen purchasing cleaning supplies on the day his father went missing.
Based on the blood in the carpet, purchasing of cleaning supplies and other facts, the prosecutor will attempt to build a case against the murder suspect to charge him with the crime ranging anywhere from first degree murder (the most serious offense) to manslaughter.
First Degree Murder
First Degree murder carries a sentence of life in prison. The prosecution must prove beyond a reasonable doubt that the death was committed by means of poison, laying in wait, or any other deliberate, willful, and premeditated killing. Based on the facts available at this time, this is not a likely charge. A solid defense can be based on the fact that there is no body. Since there is no body, there is no way to say if and how Mikes Sr. died. Prosecution will have a difficult time building a case that Mike Jr. the murder suspect, intentionally committed the crime, that he acted on his own volition, and that he planned the crime ahead of time.
Second Degree Murder
For a murder suspect to be charged with second-degree murder, the prosecution must prove death, caused by the defendant’s acts, with malice, and without justification. At this point in the investigation, it is uncertain if in fact Mikes Sr. has died. The defense will have the opportunity to argue Mikes Sr. could still be alive. Anything is possible. Secondly it is purely circumstantial that the defendant committed the alleged crime. His disappearance could have been accidental or not necessarily criminal in nature. Third, the crime must have been committed with malice or the intention to kill or cause great bodily harm. Finally, the act must have been without justification or without reason. The penalty for second-degree murder is life in prison for any term of years. If the defense can show the act was possibly committed without malice, the charge will drop from murder to manslaughter.
Manslaughter is the lesser charge of murder because it does not involve malice. Manslaughter results when the killing occurs in the heat of passion and caused by adequate provocation. The person must have acted in the heat of passion and with no cooling off period between the provocation and the killing. Manslaughter is punishable by a prison sentence no more then 15 years or a fine of no more then $7,500 or both.
Michigan criminal defense lawyer
If you have been charged with a crime hire a Michigan criminal defense lawyer. Aaron J. Boria has handled hundreds of cases all over Michigan. When you need results call Aaron for a free consultation. 734-453-7806