Clarissa Kell | Daily Press Gary Paul Phillips-Donovan, 35, of Bark River, charged with murdering his adoptive father in November, is shown during a break during his preliminary examination in Menominee County District Court.

MENOMINEE — A five-day jury trial in May was set in Menominee County Circuit Court Friday for a Bark River man charged with the murder of his adoptive father and home invasion. The trial was scheduled and other motions were heard during the arraignment and pre-trial hearings.

Gary Paul Phillips-Donovan, 35, of 3071 D Road, Apt. 208, Bark River, was not present during the hearings and waived his arraignment in writing. The court entered a not guilty plea on the behalf of Phillips-Donovan, as his written waiver included his wish to stand mute.

“(Phillips-Donovan) wishes to stand mute to the charges and requests the court to enter a plea of not guilty at this time,” said Menominee County Circuit Court Judge Christopher Ninomiya while reading the written waiver into the record.

In January, 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, a 20-year felony and a maximum fine of $5,000.

A habitual offender notice – fourth offense notice was filed for the three counts. The habitual offender notice would make the maximum sentence life in prison if the primary offense has a penalty of five years or more — which all three counts do.

The charges stem from an incident that occurred last fall. 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 of his adoptive parents shortly before the murder, was subsequently arrested.

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.

In January, the felony complaint was amended to include two counts of home invasion – first degree.

During the hearing Friday, Phillips-Donovan’s attorney, Randall Philipps, was granted a motion to appoint an investigator to assist the counsel for up to $1,500. The hiring of an investigator allows Philipps’ to locate and question fact witnesses that may benefit the defendant.

Another motion to allow a co-counsel for Philipps, which was granted in district court, was carried over to circuit court.

Philipps will be assisted in the case by Jane Hansen.

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

His trial was scheduled for May 11 through 15, to begin at 9 a.m, and a supplemental pre-trial conference was set for March 17. Witnesses and exhibits are due 30 days prior to the start of the trial.