By Bruce Rolfe
A Climax man was charged with four criminal counts including open murder at an arraignment hearing October 29 at the Kalamazoo County 8th District Court.
According to court documents, Adam Gerard Lyons, of 120 North Main Street, Climax, was charged with open murder for the alleged killing of Nichole Doerschler, two weapons and felony firearm charges and one charge of killing/torturing an animal in the third degree.
The first count is homicide - open murder for the alleged murder of Nichole Doerschler, contrary to MCL 750.316 [750.316C].
The second felony firearm count alleges did carry or have in his/her possession a firearm, to-wit: a handgun and/or pistol, at the time he allegedly committed or attempted to commit a felony, to-wit: homicide-open murder; contrary to MCL 750.227b, [750.227B-A].
The third criminal count charge is for animals - killing/torturing - third degree for allegedly did without just cause knowingly kill a dog; contrary to MCL 750.50b. [750.50B].
The fourth criminal count charge is weapons - felony firearm, for allegedly carrying or have in his/her possession a firearm, to-wit: a pistol and/or handgun, at the time he allegedly committed or attempted to commit a felony, to-wit: Animals - killing/torturing 3rd degree; contrary to MCL 750.227b [750.227B-A].
According to court documents the homicide - open murder felony charge carries a maximum sentence of life. While Lyons could get a mandatory life sentence on the murder charge, he could get a lesser sentence if he were to be found guilty of second degree murder.
The second count, a felony, carries a sentence of two years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; mandatory forfeiture of weapon or device.
The third count is a felony that carries a sentence of four years and/or $5,000.00. A consecutive sentence may be imposed for any other conviction. Not more than 500 hours community service; court may order psychiatric evaluation; may order cost of prosecution, care, housing, or veterinary care, as applicable; may be ordered not to own/possess an animal.
The fourth charge, a felony, carries a sentence of two years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; mandatory forfeiture of weapon or device.
The arraignment document also notes the court shall order law enforcement to collect a DNA identification profiling sample before sentencing or disposition, if not taken at arrest.
Chief Assistant Prosecuting Attorney Jeffrey Williams said Lyons was denied bond.
The Kalamazoo County Sheriff’s Department was called to the 100 block of North Main Street at approximately 10 p.m., October 26. According to the Kalamazoo County Sheriff’s Office, a female and dog were found deceased at the location.
No on else was in the home during the incident. According to Undersheriff Michelle Greenlee the suspect allegedly shot both the victim and the dog. She said he also called and told dispatch he shot them.
Greenlee said the Kalamazoo County Sheriff’s Department is not releasing any further details.
Williams said Lyons’ criminal history shows he has two misdemeanors and no felonies listed.
A defense attorney was appointed.
The next court date is a Preliminary Examination Conference on November 7. Williams explained that under Michigan law, all criminal cases begin in District Court. Misdemeanor cases remain in District Court until they are resolved. Felonies must be bound over to Circuit Court where they are eventually resolved by a plea or a trial.
Williams adds felony defendants have a right to a probable cause hearing, called a Preliminary Examination, before their case is bound over to Circuit Court. This is a safeguard created to insure there is at least probable cause to believe a crime was committed by the defendant before the case moves to Circuit Court.
He adds at a Preliminary Examination Conference, the prosecution must present the judge evidence and testimony to show there is probable cause to believe a crime was committed and the defendant committed it. If the prosecution meets this burden, the case is bound over to Circuit Court. If they do not, the case is dismissed.
The assistant prosecuting attorney said probable cause is a relatively low burden for the prosecution to meet, especially when compared to beyond a reasonable doubt, which is the standard of proof at a jury trial. For this reason, many felony defendants choose to waive their right to an examination, allowing the case to be bound over without a hearing. Because of this, the District Court also sets a Preliminary Examination Conference one week in advance of the scheduled examination.
Williams adds at a Preliminary Examination Conference, the prosecutor and defense attorney meet informally. The discussion usually revolves around whether an exam is being requested by the defendant and whether the parties will be ready to proceed on the schedule date. If the defendant elects to waive the exam, the case is bound over and the Preliminary examination is cancelled. If the defendant elects to demand a hearing, witnesses are subpoenaed and testimony is provided on the hearing date.
If an examination is held, that would take place November 14 in Court 2300.
A Climax man was charged with four criminal counts including open murder at an arraignment hearing October 29 at the Kalamazoo County 8th District Court.
According to court documents, Adam Gerard Lyons, of 120 North Main Street, Climax, was charged with open murder for the alleged killing of Nichole Doerschler, two weapons and felony firearm charges and one charge of killing/torturing an animal in the third degree.
The first count is homicide - open murder for the alleged murder of Nichole Doerschler, contrary to MCL 750.316 [750.316C].
The second felony firearm count alleges did carry or have in his/her possession a firearm, to-wit: a handgun and/or pistol, at the time he allegedly committed or attempted to commit a felony, to-wit: homicide-open murder; contrary to MCL 750.227b, [750.227B-A].
The third criminal count charge is for animals - killing/torturing - third degree for allegedly did without just cause knowingly kill a dog; contrary to MCL 750.50b. [750.50B].
The fourth criminal count charge is weapons - felony firearm, for allegedly carrying or have in his/her possession a firearm, to-wit: a pistol and/or handgun, at the time he allegedly committed or attempted to commit a felony, to-wit: Animals - killing/torturing 3rd degree; contrary to MCL 750.227b [750.227B-A].
According to court documents the homicide - open murder felony charge carries a maximum sentence of life. While Lyons could get a mandatory life sentence on the murder charge, he could get a lesser sentence if he were to be found guilty of second degree murder.
The second count, a felony, carries a sentence of two years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; mandatory forfeiture of weapon or device.
The third count is a felony that carries a sentence of four years and/or $5,000.00. A consecutive sentence may be imposed for any other conviction. Not more than 500 hours community service; court may order psychiatric evaluation; may order cost of prosecution, care, housing, or veterinary care, as applicable; may be ordered not to own/possess an animal.
The fourth charge, a felony, carries a sentence of two years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; mandatory forfeiture of weapon or device.
The arraignment document also notes the court shall order law enforcement to collect a DNA identification profiling sample before sentencing or disposition, if not taken at arrest.
Chief Assistant Prosecuting Attorney Jeffrey Williams said Lyons was denied bond.
The Kalamazoo County Sheriff’s Department was called to the 100 block of North Main Street at approximately 10 p.m., October 26. According to the Kalamazoo County Sheriff’s Office, a female and dog were found deceased at the location.
No on else was in the home during the incident. According to Undersheriff Michelle Greenlee the suspect allegedly shot both the victim and the dog. She said he also called and told dispatch he shot them.
Greenlee said the Kalamazoo County Sheriff’s Department is not releasing any further details.
Williams said Lyons’ criminal history shows he has two misdemeanors and no felonies listed.
A defense attorney was appointed.
The next court date is a Preliminary Examination Conference on November 7. Williams explained that under Michigan law, all criminal cases begin in District Court. Misdemeanor cases remain in District Court until they are resolved. Felonies must be bound over to Circuit Court where they are eventually resolved by a plea or a trial.
Williams adds felony defendants have a right to a probable cause hearing, called a Preliminary Examination, before their case is bound over to Circuit Court. This is a safeguard created to insure there is at least probable cause to believe a crime was committed by the defendant before the case moves to Circuit Court.
He adds at a Preliminary Examination Conference, the prosecution must present the judge evidence and testimony to show there is probable cause to believe a crime was committed and the defendant committed it. If the prosecution meets this burden, the case is bound over to Circuit Court. If they do not, the case is dismissed.
The assistant prosecuting attorney said probable cause is a relatively low burden for the prosecution to meet, especially when compared to beyond a reasonable doubt, which is the standard of proof at a jury trial. For this reason, many felony defendants choose to waive their right to an examination, allowing the case to be bound over without a hearing. Because of this, the District Court also sets a Preliminary Examination Conference one week in advance of the scheduled examination.
Williams adds at a Preliminary Examination Conference, the prosecutor and defense attorney meet informally. The discussion usually revolves around whether an exam is being requested by the defendant and whether the parties will be ready to proceed on the schedule date. If the defendant elects to waive the exam, the case is bound over and the Preliminary examination is cancelled. If the defendant elects to demand a hearing, witnesses are subpoenaed and testimony is provided on the hearing date.
If an examination is held, that would take place November 14 in Court 2300.
––––––––––––––––––––
Subscribe to the Legal News!
https://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
