Dubose filed motion to withdraw plea in assault case
Former Central Michigan University wrestler Marcell Addris Dubose filed a motion with the Isabella County District and Circuit Courts to withdraw his pleas for aggravated assault and receiving and concealing stolen property.
The 19-year-old former student from Sterling Heights, serving a 10-month sentence in the Isabella County Jail, appeared Aug. 13 at the Isabella Courthouse in front of Judge Paul Chamberlain for a hearing on the motion. The hearing was rescheduled to 1:30 p.m. Aug. 31 because Dubose’s appellate attorney was not present and Chamberlain had not been overseeing the case.
Dubose originally had two separate cases, said Chief Assistant Prosecuting Attorney Risa Scully, but a plea deal tied the charges together.
Dubose was charged in January with aggravated assault, a one-year misdemeanor, in accordance with last October’s brawl at the Delta Chi fraternity house, 1007 S. Main St.
Separate from that incident, he was charged with receiving and concealing stolen property over $1,000 when Central Michigan University Police tracked a MacBook computer stolen from a terrace floor room in Emmons Hall to Dubose using the computer’s IP address. Dubose claimed to have bought it for $20 from an unidentified white male in Fabiano Hall, said CMU Police Officer Scott Malloy last September.
As a part of his plea deal, Dubose pleaded in April as charged to the aggravated assault to reduce the receiving and concealing stolen property from a four-year felony to a two-year misdemeanor of attempted larceny in a building.
“The charges are tied together,” Scully said.
In May, Isabella County Judge Mark H. Duthie sentenced Dubose to 10 months in jail for aggravated assault.
Dubose was “unhappy” with what he thinks is too hard of a sentence, Scully said, and filed a motion to withdraw his aggravated assault plea, saying that the plea to the receiving and concealing stolen property is inadequate since they are tied together. He also filed a motion to be released early.
If the court allows him to withdraw the pleas, the process will start from scratch, Scully said. If not, Dubose will serve the rest of his 10-month sentence.
Scully said although it is fairly routine to see people motion to withdraw pleas, Dubose’s case is unique because his two pleas are closely tied together.
The aggravated assault case is in circuit court and the receiving and concealing will go through the Michigan Court of Appeals, but nothing has been filed yet, Scully said.
