A defense attorney will argue that a 2002 assault ? for which two Independence Township men were convicted ? was not the cause of a Lapeer man’s death and therefore does not warrant new murder charges.
Lance Allen Schmidt, 20, and Joseph Wells Stapleton, 19, appeared in 52-2 District Court Monday, June 14 for their preliminary examination, which Judge Dana Fortinberry agreed to continue until July 22.
Schmidt and Stapleton are still held in the Oakland County Jail without bond, having been charged with second degree murder after the March 4 death of Peter Richard, 44.
Schmidt and Stapleton pleaded no contest to charges of assault with intent to inflict great bodily harm after a November 2002 incident at the McDonald’s on Sashabaw Road. In that case, a verbal dispute turned violent and the convicts punched and kicked the victim repeatedly, even after he fell to the ground.
Their conviction included one year in jail and three years on probation, according to assistant county prosecutor Gregory Townsend.
Defense attorney Arnold Weiner requested more time for ‘discovery,? but said his preliminary research casts doubt on his client’s responsibility for Richard’s death.
‘We have a very serious question of causation here,? Weiner said, noting a blot clot in Richard’s leg during a time he was immobilized for two or three days.
Weiner also requested a reasonable bond for the two men, noting a normal second-degree murder case would be handled differently.
Townsend argued that it is not a normal case.
‘This is one of the most assaultive cases I’ve seen,? he said. ‘The victim had constant, constant pain.?
Fortinberry agreed with the seriousness of the charges.
‘The court cannot minimize the risk of flight,? she said.