The Michigan Supreme Court has reinstated the convictions of Benjamin McKewen for assaulting a victim with a knife, and the decision follows a 2023 appeal from Michigan Attorney General Dana Nessel after the Michigan Court of Appeals vacated one of McKewen’s charges in 2018.

The Michigan Supreme Court upheld McKewen’s convictions for assault with intent to do great bodily harm and felonious assault after an appeal from Nessel, restoring the original sentence as CBS News reports.

Case Background

In 2017, McKewen was convicted by an Isabella County jury on two charges: assault with intent to do great bodily harm and felonious assault. These charges stemmed from an incident in which McKewen allegedly attacked a victim with a knife, causing serious injuries.

Following his conviction, McKewen was sentenced to five to ten years in prison for assault with intent to do great bodily harm. He also received a two to four-year sentence for felonious assault. The sentences were to be served concurrently, meaning McKewen would serve both terms at the same time.

2018 Appeals Court Ruling

In 2018, the Michigan Court of Appeals stepped in and vacated the felonious assault conviction. The appeals court argued that the two charges were mutually exclusive, meaning McKewen could not face both charges for the same incident. The court ruled that the felonious assault charge conflicted with the conviction for assault with intent to do great bodily harm.

This ruling reduced McKewen's sentence by eliminating one of the charges. However, it sparked a legal debate about whether the two convictions could stand together.

Nessel's Appeal

In 2023, Nessel filed an appeal with the Michigan Supreme Court, seeking to have the felonious assault conviction reinstated. Nessel argued that the two charges were not mutually exclusive and that the law allows for multiple punishments in cases like McKewen's, where multiple offenses are committed during a single act.

The AG emphasized that McKewen's actions clearly met the legal criteria for both charges. Nessel’s office insisted that the original sentencing was correct and should be upheld.

Michigan Supreme Court Decision

The Michigan Supreme Court agreed with Nessel’s argument, ruling that McKewen's convictions were valid and that the two charges could coexist. In a unanimous decision, the court reinstated the felonious assault conviction and reaffirmed McKewen's original prison sentence.

This ruling clarified that when a defendant commits multiple offenses in a single act, they may be charged and sentenced for each offense. The court’s decision emphasized the importance of ensuring that violent offenders face appropriate penalties for all of their crimes.

Statement from AG

Following the decision, Nessel expressed her satisfaction with the outcome. She said, “This decision reaffirms justice for victims of violent crimes and ensures that those who commit such acts are held fully accountable under the law.”

Nessel’s office had strongly advocated for the reinstatement of the convictions, stressing the importance of applying the law correctly in cases of violent crime. The attorney general's appeal highlighted the need to ensure that justice is fully served in cases where multiple crimes are committed.

Broader Legal Implications

The Michigan Supreme Court's ruling has significant implications for future cases. Legal experts suggest that this decision could set a precedent for how the state handles cases involving multiple charges arising from a single incident. The ruling clarifies that defendants can be convicted of multiple charges even if they are related to the same act.

Additionally, the decision underscores the role of the Attorney General’s office in ensuring that justice is applied correctly. By successfully appealing the Court of Appeals’ decision, Nessel’s office demonstrated its commitment to upholding the law and advocating for the victims of violent crime.

What’s Next for McKewen?

As a result of the Michigan Supreme Court’s ruling, Benjamin McKewen remains in prison. He is serving his five-to-ten-year sentence for assault with intent to do great bodily harm, and his two-to-four-year sentence for felonious assault has been reinstated. The terms will be served concurrently, meaning McKewen will serve both sentences at the same time.

At this time, it is unclear whether McKewen will pursue any further legal actions, such as seeking a re-sentencing or appealing to federal courts. However, the Michigan Supreme Court’s final ruling makes it unlikely that the convictions will be overturned again.

Conclusion

The Michigan Supreme Court’s decision to reinstate Benjamin McKewen’s assault convictions reinforces the state’s commitment to justice and accountability. By upholding both convictions, the court ensured that McKewen faced appropriate consequences for his violent actions. The ruling also serves as a reminder of the importance of following legal procedures and maintaining a fair yet firm approach to criminal justice.

With the attorney general’s successful appeal, the case concludes for now. However, the broader implications of this decision are still unfolding as it shapes how Michigan will handle similar cases in the future. The ruling reaffirms the state’s commitment to ensuring that those who commit violent crimes are held accountable to the full extent of the law.