Judge exceeds sentence guidelines in beating case - ABC 12 – WJRT – Flint, MI

Judge exceeds sentence guidelines in beating case

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(04/07/14) - It was a crime that horrified a city and devastated a family.

Monday, the fourth and final person involved in the death of Gregory Gross was sentenced to prison.

Fifty-two-year-old Gross was walking home in an east side Saginaw neighborhood in February 2013 when he was attacked by four men.

One later told police they were just looking for someone to assault.

Gross died from his injuries.

Elmer Curry was expecting to get at least 15 years in prison after pleading guilty to second degree murder, but the judge in the case decided Curry deserved more prison time.

"None of it ever made sense," said Jill Harriman, Gross' sister.

It didn't make sense that four young men would decide to attack a man in the early morning hours of a Sunday in late February.

Gross was the man in the wrong place at the wrong time - for that, he was beaten to death outside a home near Roberts and Ray.

Arrests and charges in the case followed soon after. Daquavis Martin is serving life in prison for his role in the crime. Demarkus Bowes, at least 17 years, and William White, at least 30 years behind bars.

Elmer Curry, the fourth defendant, plead guilty to second degree murder and agreed to testify against co-defendants. He faced at least 15 years in prison.

"My client plead to that, he took responsibility for that, he told the prosecution that's what happened," said Jonathon Huffman, attorney.

The prosecutor in the case asked the judge to exceed the sentencing guidelines because Curry reneged on the plea deal and refused to testify in earlier court cases.

"If there was ever a case that warrants exceeding the guidelines, this is the case, Judge," said Saginaw Co. Assistant Prosecutor, Jon Sahli.

Judge Robert Kaczmarek agreed, sentencing Curry to 30 to 50 years in prison.

"I'm just relieved it's over," Harriman said.

Harriman was in the courtroom for what she hopes is the last time in this case.

"Bittersweet, I am glad that it was more than it was in the plea agreement that he reneged on, but it's not going to bring my brother back," she said.

She didn't lose just one brother. Her other brother, Jeff, died in March 2013, a month after Greg, in a snowmobile accident - one she believes was caused by the heartbreak Jeff was feeling over the loss of his brother.

"He died on the 31st, and we buried him on the 4th, so, it's terrible, you remember all these things," she said.

Daquavis Martin is serving life in prison for his role in the crime because he was convicted by a jury of first degree murder last year.

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