Great Lakes Wire

Yesterday, the Michigan Supreme Court upheld the convictions of Benjamin McKewen for assaulting a victim with a knife. This decision was announced by Michigan Attorney General Dana Nessel. McKewen was originally convicted by an Isabella County jury in 2017 on charges of Assault with Intent to do Great Bodily Harm (AWIGBH) and Felonious Assault. He received concurrent sentences of 5 to 10 years for AWIGBH and 2 to 4 years for felonious assault.

The Michigan Supreme Court's opinion agreed with the Attorney General, stating that the convictions were not mutually exclusive and did not violate double jeopardy protections. The court emphasized that the AWIGBH statute allows for multiple punishments for the same conduct.

"This decision reaffirms justice for victims of violent crimes and ensures that those who commit such acts are held fully accountable under the law," said Nessel. "It makes clear that when someone intentionally assaults another person with a weapon, intending to cause great bodily harm, they will be held responsible for each aspect of their criminal conduct."

In 2018, the Michigan Court of Appeals had vacated McKewen’s felonious assault conviction, arguing it was mutually exclusive to the AWIGBH conviction but noted that it did not violate constitutional double jeopardy provisions. In 2023, the Michigan Supreme Court granted leave to appeal from the Attorney General's office, leading to reinstatement of McKewen’s convictions.