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Bond set for teen in assault case

April 25, 2013
By Jenny Lancour (jlancour@dailypress.net) , Daily Press

ESCANABA - A Wells Township teen arrested last month on charges of assault, attempted arson, and resisting police appeared in Delta County Circuit Court Wednesday when his bond was set.

Kyle Walter McDaniel, 16, was recently bound over from juvenile probate court to the adult criminal court where he faces three felonies. Bond had not been determined until Thursday's hearing.

After listening to concerns from both the defense and prosecution, Judge Stephen Davis set McDaniel's bond at $10,000 cash based on the alleged crimes.

On March 18, McDaniel allegedly attacked a male relative who had to be hospitalized for his injuries, including four broken ribs and a collapsed lung. When police arrived at the home, the doors were barricaded. After gaining entry, troopers put out a small fire allegedly set by McDaniel. When police attempted to arrest the teen, he allegedly assaulted and resisted them.

Probate court bound over the teen to adult court where he faces the following three counts: attempted arson of a dwelling; assaulting/resisting/ obstructing a police officer; and felonious assault. He has since been transferred from the juvenile detention center to the county jail.

In the event McDaniel does post bond, Davis set a curfew for him from 6 p.m. to 9 a.m. when he must be inside with a trusted adult. Bond conditions also include the teen taking his medications as prescribed. Release on bond could include additional monitoring such as a tether, said Davis.

The defendant's attorney, Timothy Cain, said McDaniel's aunt had expressed interest in allowing the teen to stay at her home if he were released from jail. The teen would not be allowed to go to his own home because he cannot have contact with the victim.

Assistant Prosecuting Attorney Philip Strom said he is concerned about McDaniel being a flight risk and being a threat to the community if allowed to be released from jail.

In addition to having mental health issues, McDaniel also has a history of break-ins and running away, said Strom. The teen's aunt has not had a relationship with the teen for 11 years, added the attorney.

"I have a concern for the community's safety and would like to see bond set at a very minimum of $50,000 cash," Strom stated.

After setting bond at $10,000 cash, Davis told McDaniel that his aunt is invited to meet with the judge and attorneys. Davis also reminded the defendant that he will undergo a forensic examination.

McDaniel's attorney requested the waiver of jurisdiction to the adult criminal court because it allows the defendant opportunity to plead not guilty by reason of insanity; circuit court could then order a forensic evaluation.

A date for McDaniel's pretrial conference hearing has yet to be set in circuit court. At that time, a decision may be made to schedule a plea or a trial. The case could also be remanded to probate court depending on the results of the forensic examination.

 
 

 

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