Fenton Township Shooting Case Sent Back to District Court
More charges could be added against David Eddie Collins; evidence from scene is missing, assistant prosecutor says.
Two more charges could be added in the spring shooting incident that occurred on Linden Road in Fenton Township.
During today's pretrial hearing in 7th Circuit Court, Judge Joseph Farah agreed to the prosecutor's request to send the case against David Eddie Collins, 23, of Flint, back to District Court.
Prosecutor David Leyton's office is asking for additional charges of cruelty to animals and assault with intent to rob while armed. Assistant Prosecuting Attorney Karen Hanson asked for the additional charges after talking to the shooting victim and defense counsel.
Regarding the possible charge of assault with intent to rob while armed, Hanson said the victim (Robert Johnson) was shot, and there are medical records. Johnson also had a dog that was injured, and there are veterinary records, Hanson said. In addition, fingerprints, photos and DNA are missing, and there is no ballistics information, she said.
The existing charges are armed robbery, home invasion first degree and felony firearms, according to court records.
The district court isn't obligated to add the charges on the existing record, Farah said.
Collins' attorney, Tricia Anne Raymond-Ponsetto, said the defense's opinion is that more charges should not be added at this point. If new testimony is offered, Raymond-Ponsetto said she wouldn't stand in the way of "starting all over."
Farah agreed to the order of remand, to allow the defense and prosecution more time to get records and evidence. But if there aren't any photos or other evidence "I don't know what kind of a trial you'll have," Farah said.
Also on Wednesday, Farah reset another case against Collins, involving charges of receiving and concealing stolen property worth more than $20,000, a 10-year felony, Farah said.
Collins said the value was $53, not $20,000.
Raymond-Ponsetto consulted with Collins off the record and asked to hold off on a plea in the property case.
Farah reset the date for this to an 8:30 a.m. hearing on Oct. 16
Judge Mark McCabe bound the case to 7th Circuit Court on May 16 when Johnson testified Collins entered his home demanded money and shot him in the hip.
Johnson said he and Collins exchanged gunfire that day in the 13000 block of Linden Road in the preliminary exam.
“I was trying to kill him because he was in my house trying to kill me,” Johnson told the court. “It was my life or his life.”
Collins is being held at the Genesee County Jail on a $250,000 bond.