Man told court he escaped from Ingham County jail to avoid catching Covid-19

LANSING — A man who led police on a high-speed chase that ended in a serious crash, then escaped from the Ingham County jail before initiating another chase and crash failed to convince an appeals board that he deserved a new trial.

A judge described Michael McKerchie, who had a history of escaping from custody, as a “walking terror” who “came into action at almost every opportunity”. But McKerchie claimed he should have been allowed to present a “duress” defense that he escaped from prison to save himself from contracting Covid-19.

He also argued that the judge should not have allowed him to represent himself for most of the hearing and that his sentences were unfair. But in a nine-page opinion, the state Court of Appeals rejected those arguments and affirmed his convictions and sentence in Ingham County Circuit Court.

Judges Allie Greenleaf Maldonado, Michael Kelly and Kristina Robinson Garrett stated that McKerchie stated, “In light of the record in this case, the court’s decision to impose a sentence outside the guidelines was necessary, as was the scope of the sentence imposed.” made threatening statements, threw feces and urine, and spat on people in prison or hospital.

They also said that after escaping from prison, he broke the barrier of his patrol car so he could spit on a police officer and broke the window of the courthouse’s holding cell during a break in the sentencing hearing.

McKerchie, now 36, was convicted in Ingham and Eaton counties in September 2020 on charges stemming from a series of events that began with a police chase and accident that led to him losing his spleen. Police said McKerchie was driving a stolen car at the time and both he and another driver were seriously injured.

After being released from the hospital, he was sent to the Ingham County Jail in Mason, but Escaped on November 12, 2020It was around the time of the prison’s second COVID-19 outbreak, when about 60 inmates tested positive for the virus.

Authorities said he disassembled it “meticulously” He used “a window to let in daylight and brackets used to frame it” and mattress padding to make it look like he was in his bunk bed. He was able to escape because guards paused daily in-cell inspections during the pandemic, sheriff’s officials said.

In a letter to the State Journal, McKerchie wrote that his immune system was weakened due to the removal of his spleen after the accident in September 2020. Before leaving prison, McKerchie “wisely demolished and built the concrete foundations that would save my life in many ways.”

Mcckerchie “stole another vehicle” after the escape and was arrested on Nov. 21, 2020, after he was seen driving “another stolen vehicle” in Eaton Rapids, the appellate court found. He also crashed into that car and then the judges told the police, “This old prison can’t hold me.”

McKerchie’s appellate attorney declined to comment on the case.

The issue of ‘forcing’

Ahead of his trial, McKerchie filed a brief presenting “duress and necessity” as a defence, arguing he was particularly vulnerable to Covid-19 after having his spleen removed and running away to save himself from serious injury or death. But prosecutors objected, and Ingham County Circuit Judge Jim Jamo ruled that McKerchie only posed a general risk and did not attempt to complain to authorities about the alleged danger, according to the appellate decision.

“Coercion” applies where the crime is committed to prevent greater harm. But the appeals court said McKerchie had to present evidence that he was threatened by another person and failed to do so.

“His allegations amounted to a general fear that he might die or be seriously harmed at some point in the future if he contracted ‘COVID’ due to the outbreak in the prison,” the judges wrote. he said. “This is not sufficient to support the defense of necessity. Therefore, the trial court did not err in precluding this defense.”

self-representation

McKerchie also argued that he should not have allowed Jamo to represent him at the hearing. His appointed attorney represented him on the first day, but Jamo later relented, finding that McKerchie had knowingly waived his right to legal representation.

The appeals court said Jamo ruled that McKerchie was clear about representing himself and advised him of the risks of representing himself.

judgment

McKerchie was sentenced to 6 to 15 years in prison while awaiting trial as a fourth-time habitual offender and evading malicious destruction of police property. Those minimum sentences were above the range specified in the state’s sentencing guidelines, and he argued they were not proportionate.

The appeals court said McKerchie showed he was a danger to the public and ruled Jamo had good reason to exceed the guideline range.

“He was in prison for stealing a vehicle, crashing it into another vehicle and seriously injuring himself and the driver of the other vehicle,” the judges said. he wrote. “As soon as he escaped from prison, he stole another vehicle. When the police tried to catch him, he sped away with another stolen vehicle and crashed again. Although there were no injuries in the second accident, according to the records, the incident is as follows: The actions that took place on the football field, which is an area that is not isolated from the public, are completely against public safety. It shows that he is disregarded.”

McKerchie’s sentences in the prison escape case are concurrent but consecutive to the case stemming from the initial chase and crash. Additionally, the 6- to 40-year sentences he received in Eaton County run consecutively.

McKerchie is currently in the Marquette Branch Jail, according to state corrections records. The earliest release date is June 26, 2037. The maximum release date is September 26, 2085.

Contact Ken Palmer at: [email protected]. Follow him on X @KBPalm_lsj.

This article first appeared in the Lansing State Journal: Man told court he escaped from Ingham County jail to avoid catching Covid-19