(Source: MIRS.news, Published 12/27/2024) A Davison Township man’s multiple convictions and sentences for a single fatal crash violate double jeopardy, the Michigan Supreme Court held Thursday.

The unanimous opinion sends Frederick Michael Fredell’s case back to the Genesee County Circuit Court to determine an appropriate remedy for the double-jeopardy violation.

“… An error occurred – defendant could not be convicted of and sentenced for both involuntary manslaughter and reckless driving causing death,” the court’s unanimous opinion from Justice David Viviano reads.

Justice Megan Cavanagh concurred in full, but wrote separately and Justice Elizabeth Welch joined her statement.

Fredell, 72, was convicted by a jury and sentenced in 2019 for two counts each of involuntary manslaughter and operating a vehicle while intoxicated (OWI) causing death.

The charges arose from a September 2015 crash when Clayton Township police officers clocked Fredell’s vehicle traveling 137 mph on Interstate 69 moments before it rear-ended a 2008 Dodge pickup truck carrying five people.

According to the Supreme Court’s opinion, the data recorder from Fredell’s vehicle showed the vehicle was traveling 121 mph 5 seconds before the crash and 79 mph 1 second before the crash.

Fredell’s blood alcohol level was 0.034 and he had THC and oxycodone in his system at the time of the crash.

Ronald A. Weiss, 38, of St. Clair, died at the scene and Erin E. STONE, 17, of St. Clair, died from her injuries at Hurley Medical Center in Flint. The other passengers were seriously injured.

Fredell, who is housed at the Charles Egeler Reception and Guidance Center in Jackson, had initially been charged with second-degree murder, but the jury convicted him of the lesser offense.

Fredell was sentenced to 86 months to 15 years for the involuntary manslaughter and OWI causing death convictions. He was also convicted and sentenced to six- to 15-years for two counts of reckless driving causing death, and 28 months to 60 months for three counts each of OWI causing incapacitating injury and reckless driving causing serious impairment.

His earliest release date is September 2032.

In a separate case, People v. Christian Andrew Gardner, the high court agreed with the Court of Appeals’ vacating the defendant’s felonious assault conviction, but found the lower court did so for the “wrong reason.”

Gardner was convicted of assault with intent to commit murder and felonious assault for stabbing his girlfriend inside her condominium during a July 2018 argument.

Gardner appealed, arguing the dual conviction violated double jeopardy.

The appeals court held the convictions were inconsistent and the prosecutor appealed.