5/17/13 - A Howell Township man set to be sentenced next week for manslaughter in a fatal shooting last year has now been charged with open murder in the case. 20-year-old Jessce Lincon Stearn had pleaded guilty to the manslaughter charge in the June 2012 death of 21-year-old Charles Kimball at the Livingston Conservation and Sports Association gun range in Brighton Township. Stearn told authorities his replica AK-47 had jammed and that when he tried to clear it, it misfired and hit Kimball in the head, killing him instantly. Sheriff Bob Bezotte said they were unable to reproduce the malfunction and that witness statements contradicted the claim that it was an accident. However, prosecutors said they filed a manslaughter charge because there was no evidence Stearn intended to kill Kimball. But that has now changed, prompting a new charge of Open Murder and Possession of a Firearm in the Commission of a Felony. Livingston County Prosecutor Bill Vailliencourt said the charges were based on new evidence in the case, reportedly statements that Stearn made to fellow inmates in the Livingston County Jail that he had intentionally killed Kimball over an unpaid debt. However, when he was arraigned on the new charges this morning in 53rd District Court, Stearn denied it and a not guilty plea was entered on his behalf. The manslaughter count was dismissed and Stearn was ordered held without bond pending a May 22nd pre-exam conference in front of Judge Theresa Brennan. If convicted on the open murder count, Stearn would face life in prison without the possibility of parole. (JK)
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