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Posted on Tue, Feb 5, 2013 : 11:50 a.m.

Brothers guilty of multiple felonies for abducting, shooting man in August

By Kyle Feldscher

One of the brothers accused of abducting and shooting a man multiple times in Superior Township took a plea deal last week, while a jury found the other one guilty of multiple felony charges.

desirtomlinson.jpg

Clinton Desir and Allan Tomlinson

Courtesy of the Washtenaw County Sheriff's Office

Clinton Desir, 23, and Allan Tomlinson, 27, were charged with abducting and shooting Julien Butler on Aug. 10. With a jury trial scheduled to start last week, Desir elected to take a plea deal while Tomlinson took his chances at trial.

Desir pleaded no contest on Jan. 28 to assault with intent to murder and guilty to assault with a dangerous weapon, unlawful imprisonment, conspiracy to commit unlawful imprisonment and carrying a concealed weapon, records show.

In exchange, charges of assault with intent to commit great bodily harm, two charges of assault with a dangerous weapon, conspiracy to commit assault with a dangerous weapon, assault with intent to murder, assault with intent to commit bodily harm and possession of a firearm during the commission of a felony were all dropped, according to court records.

On Jan. 30, Tomlinson was found guilty of two counts of assault with intent to commit great bodily harm, reduced from two counts of assault with intent to murder, two counts of assault with a dangerous weapon, two counts of unlawful imprisonment, carrying a concealed weapon and being a felon in possession of a firearm, according to court records. Records also show that, in a bench trial, Washtenaw County Trial Court Judge Donald Shelton found him guilty on two additional counts of possession of a firearm during the commission of a felony.

Two counts of assault with intent to commit great bodily harm and two counts of assault with a dangerous weapon were dismissed, according to court records. Desir and Tomlinson will be sentenced on Feb. 26.

According to testimony at a preliminary exam, the two men abducted Butler at gunpoint outside an Ypsilanti party store on Aug. 10. They drove him to a rural part of Superior Township before shooting him and leaving him bleeding on the side of Old Ford Road.

In court, Butler testified that the men accused him of raping the mother of Desir’s child. Butler denied that accusation at the preliminary exam. Butler suffered 13 wounds, causing severe injuries to his hip, thigh, buttocks and testicles. One of his hips has been replaced and a prosthetic bone was put in his thigh to replace a shattered femur.

Tomlinson has been previously convicted of a charge of armed robbery and conspiracy to commit armed robbery in 2005. He served six and a half years in prison on that charge.

Both Desir and Tomlinson remain in the Washtenaw County Jail.

Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Comments

Ypsi.Support

Wed, Feb 6, 2013 : 2:10 a.m.

I am not one to condone exsessive-unwarrented- violence, or the illegal use of firearms... But doesn't the story go that these gentlemen decided to find, shoot and leave a man dead after he RAPED a friend? Maybe a little action from authorities in the area would lessen the need for vigilante justice.

ThinkingOne

Wed, Feb 6, 2013 : 5:23 p.m.

Yes by all means we will take their word for it that the other guy did it. I'm pretty sure they wouldn't be mistaken or just plain lie about it, aren't you?

treetowncartel

Tue, Feb 5, 2013 : 9:37 p.m.

Question for the know it alls, the conviction for assault with intent to murder must come with a much more severe penalty than assault with intent to do great bodily harm. If the records are served concurrently, seems like Mr. Tomlinson may have fared better at trial than his co-hort. Although, if he has a prior conviction his sentencing guidelines will be higher.

Mitch

Tue, Feb 5, 2013 : 7:59 p.m.

Wow, surpise, a con with a gun. He should have been tried in Federal court for the gun charge and sent to Federal pen like Marquette. The consequence would have been other cons ditching the guns like Virginia.

Mr. Ed

Tue, Feb 5, 2013 : 7:30 p.m.

Mackey is elected you can fire him if your not happy with his minnions.

JRW

Tue, Feb 5, 2013 : 7:28 p.m.

In exchange, charges of assault with intent to commit great bodily harm, two charges of assault with a dangerous weapon, conspiracy to commit assault with a dangerous weapon, assault with intent to murder, assault with intent to commit bodily harm and possession of a firearm during the commission of a felony were all dropped, according to court records. ***** WHAT??????? What is going on? These prosecutors need to be fired. Hire prosecutors that ENFORCE the law and prosecute the crimes that were committed!!!!!!!! This is why these punks and thugs get out on lesser charges and continue their careers as criminals! Terrible.

Jack

Wed, Feb 6, 2013 : 8:17 p.m.

Please. They are doing their job. Your will notice there are a lot of charges. They are made so at least one of the charges will stick, especially if the case goes to trial in front of a jury. When a plea is made, some of the extra charges are dropped. You will notice that in the first instance, the defendant pleaded guilty to four charges, no contest to another. Please don't overreact.

JRW

Tue, Feb 5, 2013 : 7:25 p.m.

Tomlinson has been previously convicted of a charge of armed robbery and conspiracy to commit armed robbery in 2005. He served six and a half years in prison on that charge. He's out after 6.5 years for ARMED ROBBERY????? Something is very wrong with the justice system. Or was this a Melinda Morris sentence?

cinnabar7071

Tue, Feb 5, 2013 : 6:13 p.m.

Sounds like the prosecutor is lazy. Why are so many of the charges dropped? Don't feel like doing your job? Whom over made this deal should be fired!

Jack

Wed, Feb 6, 2013 : 8:11 p.m.

They are doing their job. They make so many charges so at least one of them will stick, especially if the case goes to trial in front of a jury. When a plea is made, some of the extra charges are dropped.

Superior Twp voter

Tue, Feb 5, 2013 : 6:12 p.m.

So young. So stupid. So in jail/prison. So for a looooong time, please Judge.

GoNavy

Tue, Feb 5, 2013 : 5:34 p.m.

Perhaps the prosecutors assigned to this case can explain to civil society why these individuals will one day be allowed back on to the streets. Are there facts in question - as in, did these two men kidnap the 3rd man and shoot him? That alone should - in my opinion - guarantee life in prison. Unfortunately, we have a prison system crowded by low-level offenders...the victims of "the (failed) war on drugs," which encourages the police to go after the small fish (for increased federal funding) at the expense of larger, more relevant crimes. With our prisons full of low-level offenders, we have no choice it seems but to let these animals back out into society for the rest of us to take our chances with.

An Arborigine

Tue, Feb 5, 2013 : 5:16 p.m.

May the sentence fit the crimes. Doesn't sound like there were many good intentions on that August 10