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Posted on Wed, Aug 29, 2012 : 6:25 p.m.

Man erupts in anger as he's sentenced to 22-40 years in prison for drive-by shooting

By John Counts

lamarrellerson.jpg

Lamarr Frankl Murphy-Ellerson

Courtesy of the Washtenaw County Sheriff's Office

A Superior Township man convicted in a drive-by shooting erupted in anger Wednesday and was escorted out of the courtroom while he muttered expletives as Judge Archie Brown sentenced him to between 22 and 40 years in prison.

Midway through the sentencing, Lamarr Frankl Murphy-Ellerson walked away from the lectern and around the defense table toward the door.

Sheriff deputies immediately restrained Murphy-Ellerson and took him to a holding cell. The 21-year-old knocked some items off a desk as he was led out of the room, located on the second floor of the Washtenaw County Trial Court.

Brown finished the sentencing while the convicted shooter was not in the courtroom. Murphy-Ellerson was sentenced to between 20 and 40 years on two counts of assault with intent to murder and two years for felony firearm. Those sentences will run consecutively. He was sentenced to lesser concurrent prison terms on two counts of assault with intent to do bodily harm less than murder, discharging a firearm from a vehicle, discharging a firearm at a building, discharging a firearm from a vehicle and carrying a concealed weapon.

The charges stemmed from a drive-by shooting in December 2011 in the 1500 block of Harry Street in Ypsilanti Township. A 28-year-old man who was standing outside a home was shot in the leg in the incident and was later treated at St. Joseph Mercy Hospital.

The victim appeared in the courtroom Wednesday using a walker he needs due to injuries from the shooting, but he did not want to address the judge. Before the courtroom outburst, Murphy-Ellerson looked into the eyes of the victim and said he didn’t shoot him.

It was one of several exclamations of innocence Murphy-Ellerson made during the proceedings.

“I have more respect for human life than to commit a crime like this,” he told the court. “There’s more evidence (the prosecution) is hiding. They’re playing a dirty game. I didn’t commit this crime. I had nothing to do with it.”

There was a second, female victim who also was involved in the shooting incident, which is why Murphy-Ellerson was charged with two counts of assault with intent to murder. She did not appear in court Wednesday.

Murphy-Ellerson was convicted of all nine counts during a trial in June.

Assistant Washtenaw County Prosecutor Sam Holtz said the male victim, who didn’t know Murphy-Ellerson, has suffered physically and mentally since the shooting.

“He was a healthy young man. He was a hardworking young man,” Holtz said. “He’s been deeply troubled by this.”

John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.

Comments

tyron

Fri, Aug 31, 2012 : 5:43 p.m.

this occured over by my Aunt's house, they said it sounded like the fourth of July....The lord sure has a way of humbling the wrong doers...he was hardworking alright robbing drug dealers at least that's the word on the streets.....on the other hand that is about the shadiest, guilty, not taking life serious mugshot I've ever seen....

Jay Thomas

Thu, Aug 30, 2012 : 7:59 p.m.

He was just angry he didn't get Judge Melinda Morris.

music to my ear

Thu, Aug 30, 2012 : 7:57 p.m.

he looks fairley young with time to cool his jets some consuel lets pray he comes out a better man

OLDTIMER3

Thu, Aug 30, 2012 : 6:31 p.m.

Can't really comment without hearing all the facts in this case.

Murf

Thu, Aug 30, 2012 : 5:53 p.m.

Someone convicted of a drive-by shooting who seems to have anger issues?!? Who would have thunk!

Jack

Thu, Aug 30, 2012 : 5:38 p.m.

What was the evidence against this guy? Was it based on personal identification? What caused authorities to suspect him? So incomplete.

John Counts

Thu, Aug 30, 2012 : 3:34 p.m.

There seems to be some confusion about what he was actually sentenced to. Murphy-Ellerson was convicted and sentenced on nine counts, which had various different sentences. The 2 years he was sentenced to for felony firearm and the minimum of 20 years he was sentenced to for assault with intent to murder will run consecutively, meaning they are added up, thus 22 years. On the seven remaining counts, he was sentenced to a variety of different terms which will run concurrently, or at the same time, as the rest of them. I hope this clears things up.

Cameron McLain

Thu, Aug 30, 2012 : 2:53 p.m.

Sure are alot of childish comments. Not sure how anyone could read this, and without being pejudice, say things like, its not long enough, or good job judge. No information as to what happened and half of the people say all these things? Amazes me that you assume your assumptions of this person are correct.

Sue

Fri, Aug 31, 2012 : 4:33 p.m.

I agree, I would like to know what convincing evidence they had to convict this man and sentence him to 22 years in prison, minimum. Is it possible he just took the rap for someone else because nobody could attest to his whereabouts at the time of the shooting? Or was the prosecution over zealous to arrest "someone" in order to close the case? I don't like the thought of anyone being railroaded or used as a scapegoat, especially when someone's future is at stake. It's a terrible thing for a legal justice system to send innocent people to prison, while the guilty are allowed to go free, and it happens far more often than it should. Every effort should be made to make absolutely certain that this doesn't happen, hopefully this was the case here.

Billy Bob Schwartz

Thu, Aug 30, 2012 : 4:34 p.m.

Once he's convicted and sentenced, I see him as guilty until proven innocent. Isn't that the whole point?

Dutch Thomas

Thu, Aug 30, 2012 : 2:51 p.m.

buh by

ypsituckian

Thu, Aug 30, 2012 : 2:13 p.m.

Wow. Whatever happened to those "Scared Straight" outreach programs? Anybody know if they worked, or if they are still used, anymore? Somehow, these kids today are just not learning about consequences. Three years out of high school, and this guy seemed surprised to go to prison for shooting somebody?

bugmenot

Thu, Aug 30, 2012 : 1:38 p.m.

Big tough gangbanger well until the sentence rolls down... I love it Lock them all up.. They are nothing but a scourge on this once great society..

nickcarraweigh

Thu, Aug 30, 2012 : 1:09 p.m.

Consecutive sentences, as I understand the term, means 40 to 80 years imprisonment in this case. A fit of pique seems entirely appropriate to me.

Basic Bob

Thu, Aug 30, 2012 : 2:17 p.m.

Confusing... some of his terms are consecutive and other are concurrent. It doesn't matter much, he will be in prison for a long time. The 2-year felony firearm charge seems superfluous, but if the other charges are successfully appealed he would still be stuck with that one.

GoNavy

Thu, Aug 30, 2012 : 11:02 a.m.

It's so sad that society is losing this gem of a citizen, but I'm sure he'll make life better for all of his comrades once he's safely inside.

Krista Boyer

Thu, Aug 30, 2012 : 10:57 a.m.

It is interesting that this individual got sentenced for 20-40 years and on the "also tagged" side of the page you see that another man plead "no contest" and SHOT SOMEONE IN THE NECK and only got 5 years.... even doubled that would be ten years. (((sigh)))

mohomed

Thu, Aug 30, 2012 : 12:11 p.m.

It's because this guy took a chance with a jury and lost. Yes the Criminal Justice System is anything but fair.

jcj

Thu, Aug 30, 2012 : 3:35 a.m.

I do not have a problem with the sentence. But I question our "justice" system when one person gets 20-40 years for attempted murder. And someone that actually murders someone gets 10-15.

Billy Bob Schwartz

Thu, Aug 30, 2012 : 4:29 p.m.

Because he is a bad shot doesn't mean he didn't do the same as kill the victims. In other words, the fact that it isn't murder does not mean he didn't intend to kill. Though the law sees a difference, I don't see much of one.

greg, too

Thu, Aug 30, 2012 : 3:43 a.m.

It was for two counts, so double the term. It does seem odd that it is that close to actual murder, but it seems pretty fitting.

brian

Thu, Aug 30, 2012 : 3:32 a.m.

Cry me a river. Have fun in prison DUDE.

ordmad

Thu, Aug 30, 2012 : 3:30 a.m.

Chances are very good he is going where he belongs. Just remember that there have been hundreds of people who have done long time only to be completely exonerated, many by DNA, and a lot by just faulty witness identification. Google the science on that: not pretty.

treetowncartel

Thu, Aug 30, 2012 : 4:35 a.m.

What we don't know is if he had an alibi. While I understand the statement in your post, don't put yourself in a position to be the individual that can be identified as a suspect.

RJA

Thu, Aug 30, 2012 : 2:30 a.m.

Great Job Judge Archie Brown!

treetowncartel

Thu, Aug 30, 2012 : 2:02 a.m.

Thank you Judge Brown, or as you deserve to be called, your Honor.

John Roos

Thu, Aug 30, 2012 : 1:42 a.m.

Such a serious story with so little information.

ypsidog

Thu, Aug 30, 2012 : 1:20 a.m.

it is interesting to me that there is one common demographic to most of the accused in these types of crimes in Washtenaw County. I am referring to young males in the 17 to 27 year old age category. Has anyone else noticed this pattern or any other common trait between these accused persons???? the dog

Soft Paw

Thu, Aug 30, 2012 : 2:09 p.m.

What did you expect, a 72 year old female?

Joe Hood

Thu, Aug 30, 2012 : 11:44 a.m.

They are the folks that have nothing yet invested into society. They have no concept about their future (they will learn this later when their frontal lobes in their brains finish growing). The way most kids stay out of this trap is by following a system.

Bcar

Thu, Aug 30, 2012 : 11:18 a.m.

how DARE you talk about FACTS here! we'll have none of that! ;-)

tom swift jr.

Thu, Aug 30, 2012 : 1:17 a.m.

I'm thinking that 40 years is about 20 years too short.

Craig Lounsbury

Thu, Aug 30, 2012 : 1:16 a.m.

correct me if I'm wrong but he has to serve the 22 year minimum? When your sentenced to 20-40 does that not mean you need to serve at least the 20?

Skeet

Thu, Aug 30, 2012 : 4:11 p.m.

the 2 years would be served concurrently with the first charge of 10-20 years

jns131

Thu, Aug 30, 2012 : 2:12 p.m.

Not necessarily. He has to go up for parole, if the victim shows up and says no and the prisoner has shown no remorse, he won't get out and will have to wait for at least I think 7 years before his time is up. Take a look at the Lennon case. That guy was up for parole and Yoko showed up and he was denied. Same with Manson. One of the sisters showed up for the parole hearing and he was denied. These things are so interesting about the parole board that is.

greg, too

Thu, Aug 30, 2012 : 3:40 a.m.

Or he will be out in six weeks for good behavior.

GP

Thu, Aug 30, 2012 : 12:47 a.m.

Well that smug smile from his picture is probably gone.

jns131

Thu, Aug 30, 2012 : 2:03 p.m.

Can't wait to hear who is bunk mates are. Hope he loves his new home. So sad to hear about the victim.

Billy

Thu, Aug 30, 2012 : 12:13 a.m.

Gotta love the insolence.....you made your bed now you get to sleep in it...being mad about it just means you're mad because you have to face the music...