A man accused of causing a Shelby Township crash that killed a mother and daughter has been convicted by a jury of two misdemeanors, a verdict the his attorney says was impacted by his non-citizenship status.
Jose Eugeno Medina-Hernandez of Westland was convicted of two counts of moving violation causing death for causing the deaths of 88-year-old Nancy Richmond of Washington Township and 63-year-old Crystal Brunn of Auburn Hills, following a one-day trial in front of Judge Douglas Shepherd in 41A District Court in Shelby Township. The crash occurred last June on M-53.
He will face up to one year in jail at his Dec. 30 sentencing. A Dec. 18 presentence interview has been scheduled.
“Thank you to the Macomb County jury who delivered justice for the families who lost their loved ones in this tragic and preventable crash. Our hearts remain with the victims’ families as they continue to heal from this devastating loss,” said Macomb County Prosecutor Peter Lucido, whose office handled the case, said in a news release.
Medina-Hernandez’s attorney, Mani Khavajian, blasted police, arguing they conducted an incomplete investigation due to his client’s citizenship status, and prosecutors and the jury joined in that bias.
“I sincerely believe the jury got it wrong and I sincerely believe they could’ve gotten it right had the police done a full investigation and shed light on everything rather than just cherry picking the facts that vilifies the immigrant,” Khavajian said.
Medina-Hernandez, 33, is an asylum seeker from Mexico. The U.S. Department of Homeland Security filed an immigration detainer on him, meaning he could be deported. Khavajian said Medina-Hernandez, who is married to a U.S. citizen, faces potential deportation and separation from his wife and two children.
Medina-Hernandez has lived here for several years.
“He loves this country,” Khavajian said.
Issues over his status drew extra attention after Shelby Township police issued a statement that Medina-Hernandez “had no legal status” in the United States, which turned out to be incorrect.
Vice President-Elected J.D. Vance mentioned Medina-Hernandez’s case and a second Shelby Township criminal case involving a non-citizen in August during a campaign speech at the Shelby Township government campus when he was assailing the Biden Administration, including president candidate Vice President Kamala Harris, on immigration policy and border security.
Khavajian contended there is evidence his client’s box truck was cut off by a white vehicle that fled the scene and was not identified, according a witness who was driving and his client.
“They informed the police of this, but the police decided not to believe them and to believe other witnesses who told him no such vehicle ever existed,” he said. “Instead of going after whoever was in that white vehicle, they pointed the finger at the immigrant and blamed him for all that went wrong in Macomb County that day.”
Their statements conflict with an eyewitness who did not see a white vehicle and that the box truck did not brake before striking the Verano, he said.
He accused the Prosecutor’s Office of running “a campaign based on fear of immigrants and tainted that entire community.”
A Prosecutor’s Office spokesperson said the office’s response is, “The jury verdict speaks for itself.”
Khavajian said township police vilified his client “yet he failed to ask members of the community to come forth with more information about the white vehicle that caused the death of Nancy and Krystal.”
He noted the only juror who was not born in the United States was randomly removed as part of the deliberation process.
Khavajian said the case should be appealed on the basis Judge Shepherd allowed equipment on one of the vehicles to provide trial evidence but that the device’s manufacturer said it should not be used for accident reconstruction.
Khavajian, however, said he cannot perform the appeal. He said he was retained and provided an 80% discount but cannot do that for an appeal. Khavajian has a right to a public defender.
Assistant Macomb Prosecutors Mark Stepek and Christopher Urban prosecuted the case.
The incident occurred about 12:30 p.m. June 6 when Medina-Hernandez was driving a box truck southbound on the Van Dyke Freeway in the township and his vehicle rear-ended a Buick Verano occupied by the victims, triggering a chain reaction involving two other vehicles, according to Lucido.
Medina-Hernandez had a chauffeur’s license and was delivering merchandise for Lowe’s, which was renting the truck from another company.
He has a clean driving and criminal record, Khavajian said.
Richmond, a mother of three and grandmother of seven, had worked for A&P Grocery Store and a dental office for many years.
Brunn, a mother of two and grandmother of five, had worked in the food and beverage industry for many years.
The estates of the two victims in late June filed a negligence lawsuit against Medina-Hernandez, Cousins Trucking LLC and JB Hunt Transport Inc. in Macomb County Circuit Court in Mount Clemens, according to court records. The case was assigned to Judge Joseph Toia.