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Murder trial postponed until October

MENOMINEE — The upcoming jury trial of a Bark River man accused of murdering his adoptive father last fall has been pushed back due to the coronavirus. The trial will now be held in October.

In January, Gary Paul Phillips-Donovan, 35, of 3071 D Road, Apt. 208, Bark River, was bound over to circuit court 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 with a maximum fine of $5,000. A habitual offender notice – fourth offense was filed for the three counts, which changes the maximum sentence for each of the charges to life in prison.

The charges stem from an incident that occurred 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. He was arraigned for open murder on Nov. 20.

Initially, a jury trial was scheduled to take place May 11 through 15 in Menominee County Circuit Court, but the virus responsible for COVID-19 and resulting stay-at-home order from the governor’s office prompted the Michigan Supreme Court to issue an administrative order suspending all jury trials until at least June 22.

“The delay of jury trials is necessary because the state of emergency and related social distancing make it impossible to conduct trials using traditional methods,” wrote State Court Administrator Thomas Boyd in a memo sent with the order to judges, court administrators, probate registers, and county clerks across the state on April 23.

Menominee County Prosecuting Attorney Jeffery Rogg said delays in the processing of evidence and other investigative processes gave additional reasons to delay the trial beyond the high court’s order.

“We are still … awaiting additional laboratory analysis from the Michigan State Police on certain items of evidence,” said Rogg.

Due to the administrative order and other issues, the trial has been rescheduled for Oct. 26 through 30. All other procedural items related to the case — such as the prosecution and the defense sharing their lists of intended witnesses — have also been shifted as a result of the order and will be completed 30 days prior to the start of the trial.

Rogg said Phillips-Donovan is still being held at the jail and there was no discussion on reducing his bond, which remains at $750,000 cash or surety.

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