| Trial postponed for alleged armed robbers
By Erin McClary
C & G Staff Writer
SHELBY TOWNSHIP — The two men arrested in connection to a Macomb Township armed robbery spree last month appeared in court for a preliminary examination July 29 wearing shackles and jail blues.
After some consideration, however, Judge Douglas Shepherd agreed to adjourn both hearings.
Timothy Burg, 20, of Clinton Township and Dwayne Sain, 18, of Redford were each arraigned July 15 in Shelby Township’s 41-A District Court on one count of armed robbery and one count of conspiracy to commit armed robbery. Macomb County Sheriff Mark Hackel said both charges hold a maximum life sentence.
The prelims for both Burg and Sain were to address charges surrounding a carwash robbery on Hall Road (M-59) and Romeo Plank July 14, but police suspect the two of being responsible for the armed robberies of a Burger King on June 23 and a Speedway gas station on July 3.
The two have yet to be arraigned on charges for the Burger King and Speedway robberies.
All three businesses are located in the area of Hall Road and Romeo Plank and the men’s physical, vehicle and handgun descriptions match up from all three incidents.
Prior to Sain’s prelim adjournment July 29, defense attorney R. Emmet Hannick asked Shepherd to consider a reduction of his $100,000 bond, stating it’s unfair that co-defendant Burg has a bond of half that amount for the same crime.
“Frankly, the magistrate arraigned these gentlemen on the matters,” Shepherd said, flipping through court documents. “I can’t see the thought process on why these bonds were set differently … for the same crime.”
Sain’s bond was reduced to $50,000 cash or surety and his prelim was adjourned for more time for discovery.
Burg’s defense attorney Paul Casetta said there are issues surrounding a surveillance video that allegedly caught the men forcing the carwash manager to open a safe at gunpoint. Later, police determined that Burg used to work at the targeted carwash.
“We need additional time to review the videos,” said Casetta. “We’re requesting an extension of three weeks.”
Both men waived their right to a preliminary exam within 14 days of arraignment and Shepherd granted the request to postpone both preliminary exams for three weeks from the July 29 hearing.
“I find good cause for the adjournment,” he said.
On July 14, shortly after the carwash robbery, Police recovered $1,900 in cash and a cell phone that belonged to one of the Burger King employees, allegedly taken during the June 23 incident, at the Clinton Township Harbours apartment Burg shared with his girlfriend. Inside the cell phone were pictures of the two suspects, and possibly a third, with what appeared to be a phony handgun, said Hackel.
During a search of the apartment, a CO2 pellet gun was eventually found stuffed inside a vacuum bag. Hackel said the phony handgun highly resembles a real pistol, complete with a red target laser.
“Most people would not be able to make that determination,” he said, comparing the pellet gun to a real handgun.
Even though the gun was fake, charges are still firm for armed robbery, Hackel added.
Investigators believe the same pellet gun was used in all three Macomb Township robberies, as well as an armed robbery that took place at a Clinton Township party store last month.
Burg, Sain and a third man are suspects in the party store robbery, which is being handled by the Clinton Township Police Department.
An undetermined amount of money was stolen during the carwash, Burger King and Speedway robberies.
You can reach Staff Writer Erin McClary at emcclary@candgnews.com or at (586) 279-1118. |