United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING (1) THE PETITION FOR A WRIT
OF HABEAS CORPUS, (2) A CERTIFICATE OF APPEALABILITY, AND (3)
LEAVE TO APPEAL IN FORMA PAUPERIS
Corbett O'Meara United States District Judge
Reid, (“petitioner”), presently incarcerated at
the St. Louis Correctional Facility in St. Louis, Michigan,
seeks the issuance of a writ of habeas corpus pursuant to 28
U.S.C. § 2254. In his application, filed through his
attorneys, Freedman Herskovic, PLC., petitioner challenges
his conviction of second-degree murder as to Tim Baker,
M.C.L.A. § 750.317, two counts of assault with intent to
murder as to Remecoe Baker and Shadrekis Jackson, M.C.L.A.
§ 750.83, and felony-firearm, M.C.L.A. § 750.227b.
For the reasons stated below, the application for a writ of
habeas corpus is DENIED WITH PREJUDICE.
was convicted of the above offenses following a jury trial in
the Genesee County Circuit Court. He was tried together with
codefendants Latrell Demetrius Windom, and Quentin Lamar
Green, but in front of separate juries. This Court recites
verbatim the relevant facts relied upon by the Michigan Court
of Appeals, which are presumed correct on habeas review
pursuant to 28 U.S.C. § 2254(e)(1). See Wagner v.
Smith, 581 F.3d 410, 413 (6th Cir. 2009).
This case arises out of a fatal shooting that occurred on
December 12, 2010, at the home of Tim Baker (Baker) on West
Ridgeway in Flint. Remecoe Baker (Remecoe), Baker's
nephew, did not have to report to work at McDonald's that
day because there was a snow storm. Remecoe picked up his
girlfriend, Jackson, and took her to Baker's house.
Remecoe and Jackson watched a movie on his uncle's couch
and both fell asleep.
Remecoe was woken up by a knock at the door and heard
“a bunch of footsteps just running-seem like running in
the house.” Remecoe was shot less than ten seconds
later in the hand and arm. He passed out and then woke up
again when he heard a gunshot outside. Jackson was lying on
the floor and had also been shot. Remecoe could not say how
many individuals came in and could only describe one as
wearing a red hoodie.
Jackson was woken up when she heard Baker's cell phone
ring. She fell back to sleep and then heard a knock on the
door. Baker opened the door and let someone in. The two men
were standing at the door when “some more people came
... they just opened the door and walked in.” A man
said “don't move and they just started
shooting.” Jackson was shot in the leg and neck and
rolled from the couch to the floor. The shooting moved to the
outside of the house. Jackson could not move; she played dead
so that they would not do something else to her. After the
shooting outside stopped, several individuals came back into
the house. Jackson thought there were four individuals. All
of the individuals were dressed in black, except for one man
who was in a red hoodie. She heard the man in the red hoodie
say “I just killed this b* * * *.” She also heard
them talking about looking for something. They rummaged
through the house and they also checked the basement.
Remecoe had run for cover under the basement stairs. At least
two individuals came back into the house and into the
basement. One voice said to “go back upstairs and
check, finish checking.” The individual in the red
hoodie was trying to get out the back door. Remecoe could
hear people upstairs “tearing stuff up and one saying I
didn't try to shoot-shoot to kill this b* * * *.”
Shelly Conway lived next door to Baker. On the night of the
shooting, she noticed a vehicle parked in front of
Baker's house. She heard gunshots and then Baker crawled
to her house. He had been shot multiple times. Once he was
safely in her home, Conway called 911. At first Baker was
able to talk, but then he lost consciousness. Conway
testified that “[t]he only thing I seen was at that car
it was a young fella, um getting in the driver side and he
took off ...” Conway saw the man get into the car, but
was not sure whether she saw him shooting. He was wearing
dark clothing-red or gray. In a statement to police, Conway
stated that the man had a gun. The man was yelling something,
but she could not discern what he was saying. Conway
“can't put a face to-to no one in particular that
Benny Goodman testified that he lived across the street from
Baker. On the night of the shooting, Goodman was playing
video games when he heard gunshots. Shootings in the
neighborhood were a matter of course, so he was not
particularly alarmed. Goodman first looked out the window and
then went outside to get a better view. Goodman observed
Baker and three other individuals “exchanging gun
fire.” Baker was standing on his porch and the other
individuals were in Baker's driveway. Goodman also
observed a car that “took off when I first looked out
the window.” It appeared to be a black Grand Am and the
driver was wearing dark clothing. The three other individuals
were running from Baker's house to the driveway. They
were also dressed in dark clothing and one was wearing a
distinctive red hoodie. Goodman observed four guns-one in
Baker's hands and one in each of the three men's
hands. He could not say whether the driver of the vehicle
also had a gun. Goodman watched as Baker fell to the ground
and crawled to a neighbor's house. Two of the individuals
went back into Baker's house and the one wearing the red
hoodie ran around the side of the house. Goodman observed the
individual in the red hoodie after he was taken into police
Officers had received a dispatch to the home on Ridgeway in
response to the shooting. Defendants Green and Windom were
apprehended after a foot chase. Defendant Reid was found
under an overhang approximately three houses down the street
from Baker's home. None of the defendants had a gun in
their possession at the time of their arrests.
Corey Bracey-Bradley (sic) testified that he was the driver
that day and was testifying against his co-defendants as part
of a plea agreement with the prosecutor. On the night in
question, Bracey-Bradley (sic) met up with Green and Windom.
Bracey-Bradley (sic) was driving his girlfriend's
grandmother's navy blue Impala. All three men were
wearing black. They drank some cough syrup and smoked
“a couple blunts” of “weed.” Green
suggested they buy more weed so “we got to callin'
people and see if we could find some weed.” Green found
someone “on Ridgeway.”
Bracey-Bradley (sic) testified that, even though Green had
money “our plans wasn't to buy no weed.”
Instead, they were planning to “rob the weed
house.” They stopped at the store where Green bought
cigarettes and then picked up defendant Reid, who was wearing
a red hoodie. “Everybody” was armed but
Bracey-Bradley (sic) was not sure “who had what
gun.” Bracey-Bradley (sic) had his own gun-a .40
caliber-and Green had two guns, one of which he handed to
Reid when they arrived at the weed house. Bracey-Bradley
(sic) acknowledged that Reid got into the car after the plans
to rob Baker were finalized, but that Green handed Reid a gun
and said “we're gonna go hit this lick.”
Bracey-Bradley (sic) testified that once they got to the home
on Ridgeway, the plan was to “get the door open.”
Bracey-Bradley (sic) and Reid went to the door first. The
plan was for Windom and Green to come in behind them after
the door was open. A man with dreadlocks answered the door.
Bracey-Bradley (sic) explained that “after he seen the
other people coming in behind us, he tried to grab me by the
throat” and scratched Bracey-Bradley's (sic) neck.
Bracey-Bradley (sic) “swiped [Baker's] hands down
and took off.” Windom and Green came in and shouted
“nobody move.” Bracey-Bradley (sic) heard
gunshots as he was running back to the car, which was parked
right in front of the house. He denied firing any shots.
In terms of physical evidence found while tracking the
footprints in the snow, officers retrieved a black stocking
knit cap, black ski mask, part of a sleeve or jacket cuff,
and a .45 caliber gun. The physical evidence found in the
home consisted of four bullets in the front door and eight
spent .40 caliber shell casings from the living room floor.
Clothes were scattered, dresser drawers were open, and the
stove had been pulled away from the wall. Officers did not
find shell casings outside because of the significant
Testing of the .45 caliber gun found in the snow revealed
that there were eleven live rounds and one bullet was
missing. No usable fingerprints were recovered from the gun,
but DNA evidence was compared to those of all the defendants.
Baker and Reid were excluded as donors, but the known
reference samples of Green, Windom and Bracey-Bradley(sic)
could not be excluded as possible donors to the DNA. A .45
caliber bullet was taken from Baker's body in the
autopsy, but it was not clear whether it came from the gun
that was found. Another bullet from the victim came from a
.40 caliber gun. Based on testing, the medical examiner
concluded that over three handguns were used-at least one .45
caliber and at least two .40 caliber.
The officer in charge of the case, Sergeant Mike Angus, had
the opportunity to interview each of the three defendants.
Each of the defendants' stories changed numerous times.
Green gave a written statement admitting that they went to
the home on Ridgeway to buy weed. Green denied knowing that
the plan was to rob Baker, though he knew that Reid was armed
with a .40 caliber gun. Green initially stayed in the car,
but then went to the front door to see what was taking so
long. He got part way there when he heard gunshots. After the
shooting, Green went back into the house with Reid and
Windom. Reid nudged Jackson and said “I just shot this
b* * * *.” Green ran in the backyard when police
arrived. He denied ever having a weapon that day.
Like Green, Reid changed his story during the interviews.
Initially, Reid denied knowing anything about the shooting.
Later, Reid revised his statement. He could not remember who
was driving, but described an Impala. The men were originally
planning to buy a pound of marijuana, which would have cost
approximately $1, 000. Reid told Angus that he,
Bracey-Bradley (sic) and Windom approached the house. Reid
went to use the bathroom and when he came out the homeowner
got into a “tussle” with the driver. Gunfire
ensued and they all ran out the front door. Angus testified
about a letter that Reid wrote to Windom while awaiting
trial. It suggested that Windom change his statement.
In Windom's statement to Angus, he indicated that he was
with Green on foot at the time of the shooting. They were
going to “get some weed.” At some point, an
individual wearing red joined them, whom he identified as
“Tayo” (Reid). They were on Ridgeway when Baker
yelled out to them from his porch, asking if they wanted to
buy some weed. When they said “no, ” Baker became
belligerent and began to shoot at them. Initially, Windom
told Angus that only Reid had a gun. Windom later admitted
that he had a .45 caliber handgun. In a different version,
Windom told Angus that while Green was planning on buying
marijuana, Reid said he was going to “take” it.
Windom was not sure if Reid was serious. The plan was for
Reid and Green to approach the homeowner and Windom would
wait outside. Reid and the homeowner started arguing once
inside the house. Windom stepped into the house to see what
was going on. The homeowner fired a gun and Reid fired back.
Windom admitted to shooting one round out of his .45. They
went back into the house after the shooting to look for
people or weed in the basement. Angus told Windom that a gun
was recovered near the scene. Windom admitted it was his and
also indicated that Green's DNA might be found on it
because Green also handled the gun. At no time in any
versions of events did Windom mention Bracey-Bradley (sic),
although he did reference an Impala.
People v. Reid, No. 312091, 2014 WL 1614524, at *1-4
(Mich. Ct. App. Apr. 22, 2014).
conviction was affirmed on appeal. Id., lv. den. 497
Mich. 889, 854 N.W.2d 883 (2014).
seeks a writ of habeas corpus on the following grounds:
I. [a] The trial court violated [petitioner's] due
process rights by requiring [petitioner] to appear in
shackles at trial; [b] alternatively, defense trial counsel