Amer Mongogna, left, stands next to his attorney, Shawn Patrick Smith, during his pretrial conference Feb. 14 inside Macomb County Circuit Court Judge Carl Marlinga’s courtroom. He is scheduled to be back at 8:30 a.m. March 15.

Amer Mongogna, left, stands next to his attorney, Shawn Patrick Smith, during his pretrial conference Feb. 14 inside Macomb County Circuit Court Judge Carl Marlinga’s courtroom. He is scheduled to be back at 8:30 a.m. March 15.

Photo by Sean Work


Judge sets trial date in fatal shooting case

By: Bria Brown | Roseville - Eastpointe Eastsider | Published February 21, 2018

ROSEVILLE/MOUNT CLEMENS — A 20-year-old Eastpointe resident accused in the shooting death of an 18-year-old Clinton Township resident at a graduation party in Roseville Aug. 6 will be back in Macomb County Circuit Court at 8:30 a.m. March 15 for a final rescheduled pretrial conference after a judge granted a request to adjourn Feb. 14.

Defendant Amer Mongogna faces five charges: second-degree murder, assault with intent to murder, carrying a concealed weapon and two counts of possessing a firearm during the commission of a felony.

During the preliminary examination in 39th District Court in Roseville last fall, the medical examiner said Luke Filary died from a bullet to the chest; the medical examiner couldn’t tell what type of bullet killed Filary.

A pretrial conference was originally set for Jan. 30 inside Judge Carl Marlinga’s courtroom, but it was adjourned to Feb. 14. During the Feb. 14 pretrial conference, a trial date was set for Aug. 7.

Macomb County Assistant Prosecutor Gordon Hosbein told the court Feb. 14 that he and defense attorney Shawn Patrick Smith would like to start setting some “firm dates” for the trial.

“I spoke with your clerk about trial dates, and we’re looking at Aug. 7 for a firm trial date. This trial should take about two weeks. I do have a March date that I’ve set up with Mr. Smith to go over all discovery, all the outstanding issues, and from there we’re going to keep going on track,” said Hosbein.

Smith asked for a later date due to the “complexity” of the case. 

Marlinga wanted both parties to set a date that would be suitable to move forward. 

“Defense has requested that we have additional time. The August date is not troubling to me as long as we know that that’s going to be a date certain,” said Marlinga.

Hosbein requested for the court to agree upon a mid-March pretrial date.

The court presented a March 29 date, but Smith asked for something earlier in the month.

“Can we do a mid-March just so we don’t run over?” asked Smith. 

The pretrial was set for 8:30 a.m. March 15. 

Marlinga said both Hosbein and Smith could use April 10 as an extended motion hearing. 

“Prior to our pretrial on March 15, both of you will basically deal with what the issues are … so I’m suggesting that we use April 10, since I have a little bit of time there, if we have to have an extended motion hearing, we can use that date,” said Marlinga. 

“I do understand that there is a value in having a speedy trial. It’s important for the person who is incarcerated, but it’s also important for the family of the alleged victim, because justice delayed is justice denied,” he said.

“I also know that one of the most common reasons why mistakes are made is because the courts rush things along too fast. Preparation is important, and while we want to have a speedy trial, it’s more important that we get things done right rather than to get things done quick,” he added.