Manuel v. Hoffner
| Decision Date | 31 July 2020 |
| Docket Number | CASE NO. 17-cv-11655 |
| Parties | THOMAS GEORGE MANUEL, JR., Petitioner, v. BONITA J. HOFFNER, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
HONORABLE DENISE PAGE HOOD
Petitioner Thomas George Manuel, Jr., filed a pro se habeas corpus petition under 28 U.S.C. § 2254. The petition challenges Petitioner's convictions for armed robbery, assault with intent to do great bodily harm less than murder, and two firearm offenses. The convictions arose from an apparent robbery and shooting at a home in Genesee Township, Michigan on May 11, 2012. Petitioner asserts nine grounds for habeas relief, and he wants a stay so that he can return to state court and exhaust state remedies for an additional claim. The Court is denying both the motion for a stay and the habeas corpus petition.
Petitioner was bound over for trial on five charges: armed robbery, assault with intent to commit murder, carrying a concealed weapon, felon in possession of a firearm, and possession of a firearm during the commission of a felony (felony-firearm). He was tried before a jury in Genesee County Circuit Court.
Jeffrey Curl testified that he was living at 1347 Holtslander Street in Genesee Township on May 11, 2012. He had known Petitioner for most of his life, and he had known Crystal Hall for about ten years. At approximately 6:00 a.m. on May 11, 2012, he, Petitioner, Lori Manuel (Petitioner's sister), and Ms. Hall were playing cards and using crack cocaine. Petitioner and Ms. Hall were also gambling. At first, the gambling involved money; then it involved drugs. There was a disagreement of sorts between Petitioner and Ms. Hall because Petitioner (and everyone else) wanted more drugs and because Ms. Hall, the supplier of drugs that day, had no more drugs. Petitioner suddenly pulled out a gun and tried to rob Ms. Hall. Petitioner directed Ms. Hall to give him everything that she had, and he either took Ms. Hall's keys, phone, and gun or he made his sister take the items. Ms. Hall's gun may have been a nine-millimeter firearm that she always carried, but it was lying on the side of the table during the confrontation between Petitioner and Crystal. As Petitioner and his sister Lori walked out the door to the house, Petitioner turned andshot Crystal. Crystal left through the patio door in the back of the house. When the police arrived, he (Curl) told them what had happened and allowed them to take photos.
Timothy Huddleston testified that on May 11, 2012, he was living at 5060 Harry Street in Flint, Michigan with Charles Beeler and Mr. Beeler's wife Solora. About 6:15 that morning, he heard someone screaming for help. A woman ran around the house and then knocked on their door. Mr. Beeler permitted the woman to come inside because she said she had been shot. The woman was bleeding, and she had a hole in her stomach area. She was in pain, and it was difficult to understand her, but she stated several times that "Dominic" had shot her. Both Mr. Huddleston and Mr. Beeler called the 911 operator and reported that a woman had been shot.
Mr. Beeler corroborated Mr. Huddleston's testimony. He also explained that his backyard adjoined Mr. Curl's backyard.
Crystal Hall testified that she was at Jeff Curl's house on May 11, 2012, to use crack cocaine. About 6:00 a.m., she, Petitioner, and Lori Manuel were sitting at the kitchen table with Mr. Curl. She had shared her drugs with them, and when only one small piece of crack cocaine remained, she decided to share it with Mr. Curl because it was customary to share the last bit of one's drugs with the homeowner.
Petitioner was pacing back and forth between the living room and the kitchen at the time, and he kept asking her for more drugs. She told him that she had givenhim what she could and that she did not have any more drugs to give him because she was splitting her last tiny bit of cocaine with Mr. Curl. Petitioner continued to pace back and forth, and when he came back into the kitchen, he was holding a gun which he pointed at her. He told her to give him all her stuff. She responded by saying, Petitioner then ordered Lori to get her (Ms. Hall's) purse, phone, and keys, as well as, a gun that was lying on top of some nearby boxes. After she passed her rings and other things to Lori, Petitioner shot her in the arm and abdomen. She ran out the back of the house to a neighbor's home and asked for help.
Ms. Hall explained to the jury and that she subsequently had several surgeries and spent eight months in the hospital. She denied owning or possessing a nine-millimeter handgun, and she claimed that the nine-millimeter handgun at Mr. Curl's home was resting on a box when Petitioner shot her. She also testified that she did not remember telling the 911 operator that "Dominic" had shot her.
Police Officer Shawn Ball testified that, on May 11, 2012, at approximately 6:15 a.m., he was called to 5060 Harry Street in Genesee Township. When he arrived, he saw a female who had been shot in the stomach. The woman was unable to provide an exact address of the shooting, but she described the general area and the vehicle that she had driven to the house where she was shot. Officer Ball's partner then found the vehicle in a driveway and determined that the crime had beencommitted there. Meanwhile, the victim informed Officer Ball that someone named "Dominic" had shot her.
Officer Robert Kolena also received a call about the shooting at approximately 6:00 a.m. on May 11, 2012. He went to 5060 Harry Street where he spoke with Officer Ball and acquired information about the victim's vehicle. He then went around the corner and located the vehicle in the driveway at 1347 Holtslander. He spoke with Jeffrey Curl who explained what had happened inside the house on Holtslander. He (Kolena) also cleared the house for any suspects and secured the scene for evidence processing.
The officer in charge of the case was Detective Tim Williams of the Genesee Township Police Department. Detective Williams explained that he was on his way to work on May 11, 2012, when he received a call about the shooting. He initially stopped at the Harry Street address and then went around the corner to the Holtslander address where he spoke with Jeffrey Curl. He took photographs of the exterior and interior of the house and found a .22 caliber shell casing on the kitchen floor. He searched for guns, but did not find any, and it was his understanding that the fired bullet was still inside the victim.
He also did not locate Ms. Hall's car keys or cell phone, but the car that she had used that day was parked in the driveway of the house. He found Ms. Hall's purse in the backseat of the car after Hall's father provided him with keys to the car.There were four nine-millimeter bullets, drug paraphernalia, and other items in the purse.
He tried numerous times to speak with Lori Manuel, but as of the date of trial, he had been unable to speak with her. A warrant was issued for Petitioner's arrest, and within two weeks, a state trooper arrested Petitioner during a traffic stop.
Dr. Hernan Gomez testified that he was an emergency medicine physician at Hurley Hospital and that he attended to Crystal Hall on May 11, 2012. Ms. Hall had a non-complicated bullet wound on the arm, and X-rays revealed a small caliber bullet inside her abdomen. The bullet struck her liver and transverse colon, and the injuries could have caused death.
Petitioner testified in his own defense. He stated that Ms. Hall possessed two guns: a .22 caliber gun and a nine-millimeter gun, which she took everywhere she went. In the weeks before the shooting, Ms. Hall told him about three murders that she had committed or arranged.
Continuing, Petitioner stated that, before the shooting incident, he and his sister Lori, Ms. Hall, and Jeff Curl were playing cards and smoking crack cocaine. He and Ms. Hall also were gambling. First, they played for money, but he was winning, and Ms. Hall ran out of money. Then, they played for crack cocaine, and Ms. Hall ran out of drugs. The situation got a little heated after he won Ms. Hall's money and crack cocaine. She threatened to "pop" him in the head, and he thoughtthat she intended to shoot him. So, he grabbed the .22 caliber gun that Ms. Hall was carrying in a holster on her side and pointed it at her. He told his sister Lori to grab the other gun, which was lying on some boxes next to Ms. Hall. Ms. Hall then lunged at him and tried to take the gun from him. The gun fired during their struggle, and Ms. Hall was shot. He told Lori to get Lori's belongings, not Ms. Hall's belongings. Before running away, he threw the two guns behind the flat screen TV in the living room, and Lori threw Ms. Hall's phone and keys there.
Petitioner claimed that he did not intend to shoot or hurt Ms. Hall. He took the guns from her because he was afraid of her and did not want her to shoot him.
Detective Williams testified on rebuttal that, during his visit to the crime scene, he did not look behind the flat screen TV or move any furniture. He did go in the backyard, but he did not see any drugs or holster there even though Petitioner had testified that Ms. Hall went out the back door after she was shot and hid the cocaine. The parties stipulated that Petitioner had been convicted of a specified felony and that he was not eligible to possess a firearm.
On April 10, 2013, the jury found Petitioner guilty of armed robbery, Mich. Comp. Laws § 750.529, assault with intent to do great bodily harm less than murder, Mich. Comp. Laws § 750.84 (), felon in possession of a firearm, Mich. Comp. Laws § 750.224f,...
To continue reading
Request your trial