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Lewis to serve jail time

Former football player faces 12 months,

By: Kortny Hahn

Issue date: 12/5/07 Section: News
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Former CMU football player Spencer Lewis was sentenced Monday afternoon to 12 months in jail and five years probation for his role in the beating death of DeMarcus Graham.

Judge William T. Ervin said he does not believe Lewis poses a threat to society and prison time was not an appropriate punishment for his actions. Ervin said jail time and probation were appropriate.

Graham died July 14, 2004, at St. Mary's Hospital in Saginaw, after a beating that occurred June 25, 2004, in front of Shaboom Pub Club, 106 Court St.

"A night of fun that night didn't have to turn out this way," said Graham's former girlfriend, Wendy McDiarmid.

Lewis will serve 12 months in the Isabella County Jail, with credit for the 238 days he already has served. He will then be placed on probation for the following five years, which includes drug and alcohol testing, among other restrictions.

"What happened this night was the result of a mob mentality," Ervin said. "When the whole incidence started, it seemed to escalate out of control, which resulted in the death of one person."

Lewis' primary attorney, Marvin Barnett, requested his client not be sentenced to time in prison, but instead be put on probation, because of what Lewis has lost over the last several years because of this case.

"He wants to continue his education and he is, with all respects, very remorseful," Barnett said. "Someone needs to be that person to get the 10-month probation. Spencer Lewis is that person."

Barnett requested once Lewis is released from jail that his probation would be transferred to Las Vegas, where he will attend culinary school.

The judge said Barnett needs to submit a plan in writing of what Lewis' plans are once he returns to Las Vegas before he can grant permission to transfer the probation.

"I need to know what the plan is specifically," Ervin said.

Isabella County Prosecuting Attorney Larry Burdick said he doesn't object to Lewis transferring his probation, as long as the requested plan is in place.

Lewis is one of seven different people who were sentenced in the beating death of Graham. Burdick said the six others sentenced had no prior record, other than a few minor traffic violations.

"When you act as a group, it can certainly change your behavior," Burdick said. "I believe that once Mr. Lewis got caught up in that, it led to the beating death of Mr. Graham."


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