Gary Paul Phillips-Donovan

MENOMINEE — A Bark River man, charged with the murder of his adoptive father and home invasion, was bound over to Menominee County Circuit Court Friday. The decision was made in Menominee County District Court Friday morning, after the judge weighed testimony, evidence and arguments provided in a preliminary hearing in district court Thursday.

“I’m obviously very pleased with the judge’s decision, I think it’s well supported by the evidence,” Menominee County Prosecuting Attorney Jeffrey Rogg said. “And the main point of emphasis, for my point of view, is that I especially appreciate the courage of the victims in this case — the widow, Mrs. Donovan, and the victim’s 9-year-old granddaughter, who showed immense courage in coming into court and telling the truth about what they remembered.”

On Friday, Gary Paul Phillips-Donovan, 35, of 3071 D Road, Apt. 208, Bark River, sat quietly in the district courtroom as District Court Judge Robert Jamo decided there was enough evidence and testimony to bind him over to circuit court on all counts.

Phillips-Donovan was bound over on one count of homicide – open murder, a felony punishable up to life in prison; and two counts of home invasion – first degree.

On Nov. 19, 2019, Michael Alan Donovan was found dead, with extensive blunt force trauma to the face and neck, in the detached garage of his home, located on Old U.S. 2 and 41 near Eustis Road in Harris Township. Phillips-Donovan, who had been allegedly stealing from the residence shortly before the murder, was subsequently arrested and charged with the murder.

A forensic autopsy determined Michael Donovan died from blunt force trauma to the head and neck, and the death was homicide.

Phillips-Donovan was arraigned in district court on one count of homicide – open murder on Nov. 20.

On Wednesday, the felony complaint was amended to include two counts of home invasion – first degree, a 20-year felony and a maximum fine of $5,000.

The difference between the two counts pertaining to the home invasion was one claimed Phillips-Donovan committed an assault during the offense of being on his adoptive parents’ property without their permission and the other count claimed he committed a larceny while in their home without their permission.

The preliminary hearing Thursday comprised of the presentation and admittance of evidence and the testimonies of witnesses, including law enforcement officers and family members of the victim. Chief Assistant Prosecuting Attorney Gerald Karafa argued there was clear, circumstantial evidence that Phillips-Donovan murdered Michael Donovan from the evidence and testimonies. Phillips-Donovan’s attorney, Randall Philipps, argued the evidence and testimony was enough to say a murder occurred but not to successfully link his client to the murder.

Although the testimonies and arguments were made Thursday, Jamo waited to make his decision on whether or not to bind over Phillips-Donovan until Friday morning.

According to Jamo, the prosecution supplied sufficient evidence to establish probable cause for each count and belief that Phillips-Donovan committed the crimes.

“Based upon my probable cause findings, I hereby bind the defendant over — I hereby bind over the defendant Gary Phillips-Donovan to the 41st Circuit Court on each of the three counts in the amended complaint,” Jamo said.

Phillips-Donovan is scheduled for an arraignment before Menominee County Circuit Court Judge Christopher Ninomiya on Feb. 7 at 9:30 a.m.

Rogg filed the felony information for the three counts with a habitual offender – fourth offense notice for Phillips-Donovan in circuit court Friday.

The habitual offender notice included four past convictions of Phillips-Donovan.

In 2005, Phillips-Donovan was convicted of the sexual abuse of a minor in U.S. District Court in Marquette.

In 2014, Phillips-Donovan was convicted of three offenses including larceny in a building (attempt), weapons-firearms – receiving and concealing (attempt), and breaking and entering a building with intent in Delta County Circuit Court in Escanaba.

The penalty of a habitual offender notice is life if the primary offense has a penalty of five years or more, which all three counts pertaining to the home invasion and murder do.

The bond at $750,000 cash or surety was maintained. Phillips-Donovan remains lodged in Menominee County Jail.