MI - 14 men charged in plot to kidnap Michigan Governor Gretchen Whitmer, Oct 2020 *8 guilty, 5 NG*

[Niner]

Strange - I have Bellar charged with the terrorist acts - so his charge of that "stays" & the other 2 got those charges dismissed? Am I understanding that correctly?

 

[Seattle1]

Strange - I have Bellar charged with the terrorist acts - so his charge of that "stays" & the other 2 got those charges dismissed? Am I understanding that correctly?

Bellar was never charged with "threat of terrorism" and the Judge refused to add the charge at Monday's hearing. The remaining charges against all three: 1) gang membership, 2) providing material support for terrorism, 3) felony firearm.


Judge Michael Klaeren of 12th District Court in Jackson dismissed the charge against Joseph Morrison, 26, and Pete Musico, 43, both of Munith, and declined a request by prosecutors to add it to the charges against Paul Bellar, 22, of Milford.

Klaeren also on Monday ordered Bellar, Morrison and Musico to stand trial on three remaining charges, gang membership and providing material support for terrorism, both punishable by up to 20 years in prison, as well as felony firearm, punishable by up to two years in prison.

Judge tosses terrorism threat charge against 3 accused in alleged Whitmer plot

 

[Niner]

Okay - @Seattle1 - I "see" where I read one of Bellar's charges wrong... got it! Thanks!

 

[Niner]

Well.... this is strange - went to check when the 3 guys in Jackson County might have there next hearings - and all their cases have been closed.

"Something" happened on 4/6/21 - but of course, over here I'm just getting old articles.

Anyone? TIA!

Edited to add: that would be Paul Bellar, Joseph Morrison & Pete Musico

 

[Seattle1]

Well.... this is strange - went to check when the 3 guys in Jackson County might have there next hearings - and all their cases have been closed.

"Something" happened on 4/6/21 - but of course, over here I'm just getting old articles.

Anyone? TIA!

Edited to add: that would be Paul Bellar, Joseph Morrison & Pete Musico

If it's the three guys quoted, the threat of terrorism charge was dismissed around March 30.

They still had three charges that were not dismissed including firearm felon, gang membership, and providing material support for terrorism.

I believe it likely the Attorney General /Prosecutor probably dropped the remaining charges when they lost the terrorism threat, and the material support charge was weak.

From the earlier link:

In a statement, Attorney General Dana Nessel said the state would "explore all options for reconsideration of the charge moving forward."

The gang membership charge and the felony firearms charge were dependent on the material support for terrorism charge, [Judge] Klaeren said.

But just as the secret nature of the group's communications is why the terrorism threat charge was tossed, Klaeren used it as a reason why the gang membership charge could not be dismissed without examining the material support charge.

 

[Niner]

So.... charges were probably dismissed. On the court site - the last 2 items:

Action: PRE-EXAMINATION HEARING HELD
Date: 4/6/2021
All Counts

Action: MISCELLANEOUS ACTION
Date: 4/6/2021
All Counts


link: https://micourt.courts.michigan.gov...WxU1THXUsRCVNh5BftSCUTMIMF96-J8Q_cJYfd-133XRg

and it had Disposition date 4/6/21 next to their charges. Wish they would be more specific of "Miscellaneous Action"....

 

[Niner]

So the only thing I have coming up is Ty Garbin's sentencing on 7/8/21.

Don't know what is happening in the Federal case with the other 5. Their trial I have as 10/12/21.

oh - nothing on the Antrim County guys either - last hearing was 2/18/21.

 

[Niner]

Bumping up - maybe @JerseyGirl - can you find anything about these cases? Federal & the Antrim County one?

TIA!

 

[JerseyGirl]

Twin brothers accused in the plot to kidnap Governor Gretchen Whitmer have been released from house arrest.

Curfew restrictions were also lifted by an Antrim County Judge on both Michael Null and William Null.

However, the 39-year-olds will have to remain on electronic monitoring.

Twin Brothers Accused In Plot To Kidnap Gov. Whitmer Released From House Arrest By Judge

 

[JerseyGirl]

So.... charges were probably dismissed. On the court site - the last 2 items:

Action: PRE-EXAMINATION HEARING HELD
Date: 4/6/2021
All Counts

Action: MISCELLANEOUS ACTION
Date: 4/6/2021
All Counts


link: https://micourt.courts.michigan.gov/CaseSearch/Case/D12/Detail?searchText=Paul + Bellar&caseId=2003171FY&courtType=D&courtNumber=120&locationNumber=0&courtSystem=1&partyTypeNumber=D01&caseType=FY&petitionNumber=null&captchaToken=03AGdBq26jxOWCqrCnbIX1el1AU2OFUSCG_kZ_KvzJWmrY2GitqxrvBXObi2MLzx3JbWXhSf9qQCnd0-vjlQh_ewzlx21EoReGiFsvrkOJbLvsvAuEy-WotjiitORzbZ1xIVXvQ2m49QJ-p4stmxPRdwYfPt-RyyB5QRpiUxQlZMLBXfD4bCH96m4nQ4tDoNkrdzHB1smi_vkW2I_ee0bvZ9w_VvhljBTSRgz428UrIlhU3c63HnGdfqNIeD6MvX8HbKU4h9i_M2XfimJNTbxHiG5sLSsXVrVQVIM8bkOOrJ2GwPXnF9GIBMV5Smahk_H31cbhb6jGLYJFL9DSsJpve0g6IdlbSRWv4v_4MtbZq-P8bRWBahCcn4_mw-ewvyfE4W6Fc1fjzYZO86TD-cUOq1nyS3_T8sMuvHR5ireJjJvySrdQvxtiIWxU1THXUsRCVNh5BftSCUTMIMF96-J8Q_cJYfd-133XRg

and it had Disposition date 4/6/21 next to their charges. Wish they would be more specific of "Miscellaneous Action"....

This is from an April news report:


William Null, Michael Null, Eric Molitor and Shawn Fix are accused of surveilling the governor's cottage near Elk Rapids.

All four are facing terrorism and weapons charges following their arrests in October 2020.

At a court hearing earlier in the year, defense attorneys requested the preliminary exams to be held in-person.

The hearing was scheduled to take place in a Grand Traverse County courtroom on Wednesday, April 14, 2021 but that is now on hold - yet again.

The reason for the delay is the recent increase in COVID-19 cases across northern Michigan.

Court officials made the decision to adjourn the three day in-person hearing until the health department feels it is safe to proceed.

In-person preliminary hearing of four people charged in Whitmer kidnapping plot on hold

 

[JerseyGirl]

New court documents indicate that Brian Higgins voluntarily decided to dismiss his appeal with advice of his legal counsel, which will allow the Columbia County Sheriff’s Office to give Michgan agents custody of Higgins to transport him to Michigan once accepted by the court. He has been in the Columbia County Jail since November as court proceedings continued, and remained in Columbia County custody as of Friday afternoon, according to online records. Court proceedings began moving forward in Michigan Monday.

Wisconsin Dells man drops extradition appeal in Whitmer kidnapping plot case

 

[Niner]

Thanks a bunch @JerseyGirl - still "wondering" why I can't find these articles over here - so it is very much appreciated!

Edited to add - I've moved these guys to 4/14 just to keep my notes straight.

 

[JerseyGirl]

Here is an article from April 5:

Bill of Particulars for Forfeiture of Property was filed in federal court lists over 200 items attorneys are looking to seize from locations where several men suspected to be involved in a plot to kidnap Gov. Gretchen Whitmer met and trained.

The Bill of Particulars for Forfeiture of Property span 18 pages, filed in US District Court of Western Michigan’s Southern Division and Hon. Robert J. Jonker against Adam Fox, Barry Croft, Ty Garbin, Kaleb Franks, Daniel Harris, and Brandon Caserta.

Document filed in federal court lists guns, ammo, and explosives in possession of men accused in plot to kidnap Gov. Whitmer

 

[JerseyGirl]

From March:

Wolverine Watchmen member from Clarkston arraigned on weapons charges

Maxwell Wyckoff, a 22-year-old member of the Wolverine Watchmen, was charged with converting a semiautomatic weapon to an automatic weapon and one count of possessing a silencer device.

The converted weapon and silencer were found at Wyckoff's residence Oct. 7 with a search warrant obtained during a FBI and Michigan State Police investigation into Wolverine Watchmen and the alleged kidnapping plot against Gov. Gretchen Whitmer.

Wyckoff has not been charged in the plot against Whitmer or the state Capitol. But Wyckoff participated in "multiple field training exercises" in Munith with the group.

 

[sds71]

Federal Grand Jury Returns a Superseding Indictment Adding New Charges in the Conspiracy to Kidnap Michigan Governor Gretchen Whitmer | OPA | Department of Justice

According to court documents, Adam Fox, 40, of Wyoming, Michigan; Barry Croft Jr., 45, of Bear, Delaware; and Daniel Joseph Harris, 23, of Lake Orion, Michigan, are charged with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft and Harris intended to use the devices to destroy a nearby bridge, in effect, harming and hindering the governor’s security detail and any responding law enforcement officers.

The superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft and Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration and Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 and Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.

Defendant Ty Garbin entered a guilty plea in December 2020 to the original indictment charging him with conspiracy to kidnap Governor Whitmer. Garbin faces up to life in prison for his conviction and awaits sentencing.

Defendants Adam Fox, Barry Croft, Kaleb Franks, Daniel Harris and Brandon Caserta each face up to life in prison if convicted of the kidnapping conspiracy. Fox, Croft, and Harris each face up to life in prison if convicted of conspiracy to use a weapon of mass destruction. Croft and Harris each face up to 10 years in prison if convicted of possession of an unregistered destructive device. Harris faces up to 10 years in prison if convicted of possession of an unregistered short barrel rifle. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Federal Grand Jury Returns a Superseding Indictment Adding New Charges in the Conspiracy to Kidnap Michigan Governor Gretchen Whitmer | OPA | Department of Justice

 

[Niner]

@JerseyGirl - on the Jackson 3 - Bellar, Muscio & Morrison - it says on court site that they were "bound over" - would you know "where" they were bound over to? TIA!

i.e.:
This is Bellar's one charge - but they ALL say "bound over"...

Charge Count: 1
Original Charge: TERRORIST ACTS - PROVIDING MATERIAL SUPPORT
Current Charge: TERRORIST ACTS - PROVIDING MATERIAL SUPPORT
Amended Or Reduced:
Charge Level: F
Disposition: EXAM CONDUCTED ; DEFENDANT BOUND OVER

link: https://micourt.courts.michigan.gov...6yEFpN7o8POpLukNjdtFEMIB3yxTjahnwy11Z8w0EUo8Q

 

[Seattle1]

@JerseyGirl - on the Jackson 3 - Bellar, Muscio & Morrison - it says on court site that they were "bound over" - would you know "where" they were bound over to? TIA!

i.e.:
This is Bellar's one charge - but they ALL say "bound over"...

Charge Count: 1
Original Charge: TERRORIST ACTS - PROVIDING MATERIAL SUPPORT
Current Charge: TERRORIST ACTS - PROVIDING MATERIAL SUPPORT
Amended Or Reduced:
Charge Level: F
Disposition: EXAM CONDUCTED ; DEFENDANT BOUND OVER

link: https://micourt.courts.michigan.gov/CaseSearch/Case/D12/Detail?searchText=Paul + Bellar&caseId=2003171FY&courtType=D&courtNumber=120&locationNumber=0&courtSystem=1&partyTypeNumber=D01&caseType=FY&petitionNumber=null&captchaToken=03AGdBq27UV1TGStopaMFbhYYDW_RhsvoajjRFBoQrgUpgV26IxhFk6ejDaZaPXhLcoiWeOdsK4mp_QOlvhE4K0RNLtcAvfkJPwkEyKwhp6-lxe11kG3-L_WC2ylBiP7hKll-TY5oiVDWrEw3eUSFaOn39mceCeGFG_gP_7vhMGyBQz8DuStahjf70FJyf--VQRqw8UKj5Y-FhLg8FycT0OsJjbaRxWDw0wvcn72K6eakncNdIOwqK2hrFXExNhzCqPiD7AEcXPVJXmU23sJWJ1KjuVpcnDZAt-pSZcTk0p0obAAkm8p8xe0Dc8K5SL0rmasW-PJyjErUEuce90DP4edkygbNBY1Z-cLaZuQp_T2xAors-ZB_ZO5t_aVnY6zUg-TYw_dic2o5g8ohiG1SRY7-jFwVEHxOZvnd8XJZ5jN5-YXitsP7wX6yEFpN7o8POpLukNjdtFEMIB3yxTjahnwy11Z8w0EUo8Q

In this situation where the other charges were previously dropped, it appears that upon examination, the court found probable cause to take to trial on count 1. In legal terms, the defendant was bound over to trial court.

 

[Niner]

In this situation where the other charges were previously dropped, it appears that upon examination, the court found probable cause to take to trial on count 1. In legal terms, the defendant was bound over to trial court.

But there cases say "closed" on the court site. So thought maybe they were "bound over" to a "different court" - no?

TIA!

Some sites have a "regular" court & then it says the person was bound over to circuit court... just an example.

 

[Seattle1]

But there cases say "closed" on the court site. So thought maybe they were "bound over" to a "different court" - no?

TIA!

Some sites have a "regular" court & then it says the person was bound over to circuit court... just an example.

Oh, I agree! I think the "closed" notation was the result of charges dropped after Judge Klaeren ruled Bellar, Muscio & Morrison (Jackson 3) would NOT be tried on charges of a threat of terrorism (and the Attorney General Nessel said they'd explore all options for reconsideration of the charge moving forward).

Next, they had a pre-examination.

Followed by an examination.

So now I think they're bound over for trial (with whatever count met probable cause). Presumably, they'll be back in the 12th District Court (Judge Klaeren).
____________

From the March 30 link, I did notice they use this term (bound over) often:

Joseph Morrison, Paul Bellar, and Pete Musico, all known members of the Wolverine Watchmen, appeared in court Monday for a preliminary exam before Judge Michael Klaeren of the 12th District Court in Jackson County, where they were bound over and will stand trial for their part in the alleged plot.

Morrison, 26, of Munith, was bound over on the following charges:

• • Gang membership, a 20-year felony that may be served as a consecutive sentence;
  • Providing material support for terrorist acts; and
  • Carrying or possessing a firearm during the commission of a felony; felony firearm – a two-year mandatory prison sentence to be served consecutively.

Bellar, 21, of Milford, was bound over on the following charges:

• • Providing material support for terrorist acts, a 20-year felony and/or $20,000 fine;
  • Gang membership, a 20-year felony, which may be served as a consecutive sentence; and
  • Carrying or possessing a firearm during the commission of a felony; felony firearm – a two-year mandatory prison sentence to be served consecutively.

Musico, 42, of Munith, was bound over on the following charges:

• • Gang membership, a 20-year felony that may be served as a consecutive sentence;
  • Providing material support for terrorist acts, a 20-year felony and/or $20,000 fine; and
  • Carrying or possessing a firearm during the commission of a felony; felony firearm – a two-year mandatory prison sentence to be served consecutively.

Mich. men to stand trial for allegedly plotting to storm state capitol, kidnap elected officials

ETA:
For clarification - "An Act of Terrorism" charge is not to be confused with
"Providing material support for terrorist acts" charge.

 

[Niner]

Okay - thanks for the great info @Seattle1 - so you think they will have another case opened with the new charges on the Jackson County court site? I just have to keep looking, eh?