Brian Manzullo

A judge was chosen Thursday to hear a felony firearms case involving an alleged plot against the bench after two Isabella County trial judges excused themselves from hearing

Isabella County Trial Judge William Ervin will oversee the proceedings involving Tyrone Calvin Graham-Jones, a 24-year-old Mount Pleasant resident who prosecutors say threatened and plotted to kill Isabella County Trial Judge William Rush and another officer.

Graham-Jones allegedly threatened the judge after being arrested on non-related charges following a fight on Aug. 28. in the CMU football tailgate lot.

His attorney, Tony Moses, requested all four Isabella County Court Judges excuse themselves or be dismissed from the proceedings because of their relationships with Rush.

“It is enough to show that there could be some impartiality involved, and I think due process would require a disqualification,” Moses said

However, Ervin said he has no prior knowledge regarding the case and that it is his job to be impartial.

“I do not know any information involving this matter,” he said. “All I know is the defendant has been charged with (these charges).”

Graham-Jones was arrested Oct. 21 after a confidential informant told police he was plotting and making threats to kill Rush and other law enforcement and courthouse officials.

Ervin’s refusal to remove himself from the proceedings came one day after Isabella County Trial Judge Mark Duthie excused himself because he had prior knowledge about the incident.

“I don’t feel I have any personal bias or prejudice against Mr. Graham-Jones, but there is a problem with (section) 2 regarding the issue of personal knowledge,” Duthie said.

“What happened, basically, is when this complaint came to light, Detective Tuma was in my courtroom and he, basically, for security measures, told me and explained to me what he had learned, so I learned all about that,” Duthie said.

The prosecuting attorney, Mark Kowalczyk, said he understood why both judges excused themselves, but did not agree with Moses’ argument that all judges need to be removed.

“This particular case, I do not think there is any sort of actual bias or prejudice from the court,” he said. “I can see Judge Rush maybe would have some actual bias or prejudice because the threats were made toward him.”

Graham-Jones is lodged in the Isabella County Jail, 207 S. Court St., on a $100,000 bond.

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