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Posted on Tue, Sep 11, 2012 : 4:52 p.m.

Man testifies against brothers he says abducted and shot him for revenge

By Kyle Feldscher

A shooting victim on Tuesday testified that two brothers were out for revenge when they allegedly abducted and shot him last month.

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Police investigate the spot where Julien Butler was discovered bleeding from gunshot wounds on Aug. 10.

Melanie Maxwell | AnnArbor.com

Allan Tomlinson, 26, and Clinton Desir, 23, are charged with 13 and 12 felonies, respectively, for allegedly forcing Julien Butler at gunpoint to get into a car in Ypsilanti before driving him to a rural Superior Township road, where they shot him multiple times. A district court judge ruled to send all criminal charges to the Washtenaw County Trial Court Tuesday afternoon.

Butler said in court Tuesday the two men picked him up early in the afternoon of Aug. 10 at the Lucky Two Party Store, 308 E. Michigan Ave., in Ypsilanti and ordered him into a red Chevrolet Camaro. Mario Brown, Butler’s brother, testified the two men were buying cigarillos and food at the store when Tomlinson pointed a gun at both of them and put Butler in the car.

While in the car, the men told Butler he had messed up by raping the mother of Desir’s child, Butler said, an accusation he denied. He acknowledged having a short dating relationship with the woman but denied assaulting her.

“I told them she was lying. I don’t know what she told them … all over this girl, that’s what this about,” Butler said.

While in the car, Tomlinson held a gun under Butler’s nose and told him to smell the gunpowder, according to Butler’s testimony. The car finally stopped on Old Ford Road in Superior Township and the two men told Butler to get out of the car.

“They didn’t say nothin’ … they looked both ways and began shooting,” he said.

Butler suffered 13 wounds, his surgeons said, and suffered severe injuries to his hip, thigh, buttocks and testicles. Butler said he had to have a hip replaced and a prosthetic bone put into his thigh to replace a shattered femur. He was released from the hospital after nearly two weeks. Butler appeared in court Tuesday on crutches.

Butler said Desir and Tomlinson drove away in the Camaro and left him bleeding on the side of the road. Kenneth Bartos and other passers-by, including an off-duty emergency medical technician, pulled over and helped the injured man.

Bartos testified on Tuesday he “felt something was wrong” when he saw the Camaro do a U-turn and head back west on Old Ford Road. After passing the spot where Butler lay, he turned around and called 911.

He said he pulled his car into the oncoming traffic lane to signal to other vehicles something was wrong and “asked the person if they knew who did it and he said yes,” Bartos said.

Butler was transported to University of Michigan Hospital, where he underwent treatment for his injuries. Detective Thomas Sinks, of the Washtenaw County Sheriff’s Office, interviewed him Aug. 11 about the incident along with Detective Sgt. Thomas Eberts, of the Ypsilanti Police Department. The two detectives cut the interview short after less than five minutes because of Butler’s heavily sedated state.

Sinks testified Butler was in and out of consciousness during the interview but managed to name his attackers.

“He said Clinton Desir shot him and Allan and Clinton tried to drag him into the woods,” Sinks said.

Butler recanted on both of those claims Tuesday, testifying he was never dragged toward the woods and Tomlinson was the one he saw fire the initial shots.

Desir is charged with assault with intent to murder, assault with intent to do bodily harm less than murder, three counts of assault with a dangerous weapon, unlawful imprisonment, conspiracy to commit assault with intent to murder, conspiracy to commit assault with intent to do bodily harm less than murder, conspiracy to commit assault with a dangerous weapon, conspiracy to commit unlawful imprisonment, carrying a concealed weapon and possession of a firearm during the commission of a felony.

Tomlinson faces all those charges plus an added count of being a felon in possession of a firearm. Tomlinson has a prior conviction for armed robbery and conspiracy to commit armed robbery in 2005. He served 6 1/2 years in prison for that conviction

Steven Tramontin, Desir’s attorney, argued against binding over on the assault with intent to murder charges because he believed Tomlinson and Desir did not intend to kill Butler. He said that was a necessary component of that charge.

“If they were out to kill this individual, there was ample opportunity to do so,” he said.

Erika Julien, Tomlinson's attorney, agreed, saying that having Butler injured and helpless on the ground gave the two men every chance to kill him. However, all of the wounds were below the waist and the testicle wounds were consistent with someone trying to get revenge for an alleged sex act.

“I don’t think they had a terrible aim,” she said, adding, “Was the intent to actually kill that individual? I don’t think the evidence supports that.”

Washtenaw County Assistant Prosecutor Amy Reiser, who had a few tense moments with Julien during the hearing, said Desir may not have ever had a gun during the incident but was still complicit in the incident because he aided and abetted Tomlinson. Once the two men showed up at Lucky Two Party Store together, the two were bound together.

“From that point forward, everything Mr. Tomlinson does Mr. Desir is responsible for,” she said.

She said, “They tried to kill him.”

Pope ruled the men would be sent to the Washtenaw County Trial Court facing all of the charges, revoked Tomlinson’s bond and increased Desir’s bond to $300,000. Tramontin had asked for the bond to be lowered to $50,000 right to post 10 percent, while Reiser wanted the bond to be increased to $500,000.

The injuries Butler suffered may have been consistent with a revenge incident and all the wounds were below the waist, Pope said. However, that didn’t mean Desir and Tomlinson weren’t trying to kill him.

“Just because the shots were made below the waist from very close range does not show … lack of intent to kill,” he said.

Desir and Tomlinson are due back in court for a pretrial in front of Washtenaw County Trial Court Judge Donald Shelton at 1:30 p.m. Oct. 23. They 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

salinemom2712

Thu, Sep 13, 2012 : 2:59 a.m.

So if the prosecution doesn't get a conviction because they are shooting too high with the attempted murder charge, these two "maybe" killers will be free and roaming the streets? Or perhaps living at Riley Court?

Laverte Minter

Sat, Sep 22, 2012 : 10:49 p.m.

naw. on the southside near 1st and monroe. victim lives appx 3blocks away on jefferson. this was a guy you could just beat up and saved all the time they facing for kidnapping if nothing else. Rumop has it that the older of the two was only out of prison less than 30days. HANG EM HIGH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

RJA

Wed, Sep 12, 2012 : 4:18 p.m.

All over a girl? So sad! These guys need time behing bars!

Superior Twp voter

Wed, Sep 12, 2012 : 3:08 p.m.

I guess THEY showed HIM! Enjoy life behind bars.

Brad

Wed, Sep 12, 2012 : 1:03 p.m.

And you thought you had a dysfunctional family!

OLDTIMER3

Wed, Sep 12, 2012 : 12:02 p.m.

@michigan reader, Any time you shoot someone anywhere in the body 13 times at close range you are meaning to kill them. It is just a matter of how quickly. If the man that happened to stop wouldn't have been there I am quite sure this man woukd have bled to death.

Michigan Reader

Wed, Sep 12, 2012 : 10:57 p.m.

I also believe there's a fair chance of a successful appeal on that one charge if they are convicted of assault with intent to murder.

Michigan Reader

Wed, Sep 12, 2012 : 10:51 p.m.

OLDTIMER3--Desir and Thomlinson had a seriously wounded man on the ground, alive. Then, they drove away. If they intended to kill him, they would have shot him in the head or chest. They are too young to be expected to know the medical facts surrounding his injuries. They would have shot him in the head. I still say that the crime is a specific intent crime, meaning the prosecution had the burden of proving that they specificly INTENDED to kill. In my humble opinion they haven't done that.

Tru2Blu76

Wed, Sep 12, 2012 : 4:41 a.m.

If what I've read is accurate: shooting a person in the lower abdomen or pelvic area can be quite deadly. It's been said that shooting into the pelvic area makes it harder to staunch bleeding (no tourniquet can be applied). If a bullet hits the liver, there will be massive internal bleeding. If a bullet penetrates the intestine, the likelihood of infection is greatly increased. And of course leg wounds can also cause rapid blood loss since the femoral arteries may be severed. Medical facts tend to support the allegation that the intention was to cause "slow death" rather than just deliver "reminder wounds" for the survivor's suffering.

Michigan Reader

Wed, Sep 12, 2012 : 11:10 p.m.

Tru2Blu76--These guys aren't medical students, and couldn't be expected to know the medical facts surrounding the injuries. It's the SPECIFIC intent, what they had in the heads, that the prosecution has to prove by presenting evidence to tilt the scales slightly. They had a seriously injured man on the ground, had they intended to kill they would have followed through and shot him in the head. Instead, they drove away.

brian

Wed, Sep 12, 2012 : 3:39 a.m.

Don't say anything about Lucky 2, They were not involved and I love going to that store. Cheap prices and really cold beer, and the guys who work there are awesome.

PineyWoodsGuy

Wed, Sep 12, 2012 : 2:45 a.m.

It has all the "earmarks" of a Hatfield-McCoy feud. As the French say: "Cherchez la femme." Wow! If the victim didn't do the "wild thing" with the shooter's girlfriend, there was a Big Mistake here! http://en.wikipedia.org/wiki/Cherchez_la_femme

smokeblwr

Wed, Sep 12, 2012 : 1:17 a.m.

I think they intended to have him bleed to death by abandoning him. That is attempted murder.

Kitty O'Brien

Wed, Sep 12, 2012 : 12:55 a.m.

I thought the story couldn't get any worse... now I read where (the crotch) and how many times he was shot.

PineyWoodsGuy

Tue, Sep 11, 2012 : 10:11 p.m.

"Hang an assassin when he's young, and he'll no kill when he's auld." — Robert MacQueen, Lord Braxfield, Lord Justice of Scotland, 1776-1799

Billy

Tue, Sep 11, 2012 : 11:26 p.m.

Wait....I thought abstergo were the bad guys?

Billy

Tue, Sep 11, 2012 : 9:26 p.m.

This is the garbage that is our justice system...... Remove the "murder" charges and there are still enough charges to send them up the river for a minimum of the REST OF THEIR LIVES....so what's being argued about is BS semantics here.....it's a total waste of tax payer dollars even. It's like....they're not arguing whether or not they did it.....they're trying to argue that "it wasn't that bad." The system is so broken....we have this "graduated" punishment system that tries to "grade" how serious crimes are.....but all it REALLY does is either OVERLY punish people for minor violations or give REAL bad guys a ridiculous amount of leniency when they should have NONE....

Michigan Reader

Tue, Sep 11, 2012 : 9:18 p.m.

Not to excuse the accused in the least, but the law requires the prosecution to (tilt the scales slightly) that the guy with the gun intended to kill the victim. "Just because the shots were made below the waist from very close range does not show ....lack of intent to kill." That doesn't cut it, the prosecution has the burden of proof. They didn't meet it.

Ponycar

Wed, Sep 12, 2012 : 3:41 p.m.

So no mater how many time you shoot a person, 15, 20, 30, it's not attempted murder if you don't shoot them in vital organs? Wouldn't you assume they'd leak to death?

tdw

Wed, Sep 12, 2012 : 11:36 a.m.

Michigan......Did you ever think they may have wanted him to suffer before he died ?

brian

Wed, Sep 12, 2012 : 3:32 a.m.

And why did they not meet it, they shot him, I want to call you something but I will be flagged.

Michigan Reader

Tue, Sep 11, 2012 : 9:37 p.m.

Billy--It's a specific intent crime, and the prosecution has the burden of proof that they WERE trying to kill. It's that simple. They could have easily shot the victim in the head, or chest if they wanted to kill. Again, the prosecution has to prove, (tilt the scales slightly) that the alleged intended to kill. They haven't done that, in my opinion.

Billy

Tue, Sep 11, 2012 : 9:28 p.m.

It's hard to say you WEREN'T trying to kill someone....when you shoot them 13 times....regardless of where you shot them. You're going to have a VERY hard time proving that you didn't know or assume that shooting someone 13 times could kill them. VERY hard time.