Last weekend there was a tragic case in Michigan that started as domestic violence and escalated into kidnapping and murder of a two year old child, fleeing and eluding, attacks on police officers.

Looks like the courts have dropped the ball on this guy over the years and given him leniency several times, that’s not why I’m posting this though.

Now WWJ radio is reporting that Federal charges are being filed with a possibility of the death penalty. Here’s a quote from the story, to me it sounds like a big stretch to make this a Federal crime but I’m just a layman. Opinions?

Speaking live with WWJ's Brooke Allen and Tony Ortiz, Former U.S. Attorney for the Eastern District, Matthew Schneider explained why this would be a federal case.

"Most of the time a kidnapping case is a state case, and so is a murder case. But here the federal government is alleging that there are some connections to interstate commerce," Schneider said.

"In other words, there's something that brings in federal jurisdiction...and what they're saying is a few things: They're saying, number one, that the vehicle which that kidnapper was driving, that was actually made in Canada, and it was an instrumentality of interstate commerce; and the defendant got into this car and drove to Detroit in that car. They're also saying that he drove on an interstate highway, which was highway 96, I-96, and that is an connection to interstate commerce...Not necessarily rock solid theories, but then again this is just the beginning of the case. This is only the complaint."

Schneider said there will be an indictment to follow, which will likely have additional information.

Trice's next scheduled court appearance is a detention hearing set for July 11, in Grand Rapids.

So my Japanese car makes any crime a federal offense? Either important facts are missing or that is thin reasoning.

That quote is directly from WWJ Radio but it just didn’t seem right to me, seems like a major stretch.

all kidnapping cases that cross a state line are by default the case of the FBI which makes it a federal case. but I may be wrong.

Some prosecutors just love TV cameras and a chance to give public statements.

Very common for prosecutors to over-charge as a method of inducing a plea bargain to something more realistic under the fact situation.

quote:

Originally posted by redstone:
all kidnapping cases that cross a state line are by default the case of the FBI which makes it a federal case. but I may be wrong.

Didn’t cross a state line though. Started in Lansing and traveled east to the Detroit metro area. They tracked his cell phone movements and showed them on a map. Until Wynter was found Monday evening in Detroit there were search parties out along the route the perpetrator took.

I am only guessing here. Did all aspects of the crime take place within the state? In other words, was the victim transported out of state, or the kidnapping take place out of state and the victim was brought into the state? Any part of the crime crossing state lines make it a clear federal case. If not, it is an exceptional stretch. The vehicle being made outside the US and the use of interstate highways (which are only partly federally funded and all maintenance done by states) sound pretty spurious. On the plus side, federal prison time has no parole, so the perpetrator(s), if convicted, will do hard time.

No, none of this took place across state lines, all within the state. Interstate 96 mentioned in this article is completely within the state,Detroit (Detroit River and Canada) and ends in Muskegon (Lake Michigan) original attack to the mother took place in Lansing.

Per the maps that showed the path he took he proceeded on east 96 to M-39 (Southfield Road/Expressway) then surface streets to the east side, all pinged with his cell phone.

His previous charges via CBS News.
(CBS DETROIT) - When it comes to 26-year-old Rashad Maleek Trice, his list of run-ins with the law is almost too long to list.

Court records show Trice has fought, fled, resisted or obstructed police on five different occasions since 2021.

The first incident came in May 2021, when Trice was sentenced to seven and a half months for charges including assault and domestic violence. The victim listed in that case is Wynter Cole-Smith's mother, who police say Trice brutally attacked before allegedly kidnapping and killing her 2-year-old daughter on Sunday, July 2.

A month later, in June 2021, records obtained by The Detroit News show Trice pleaded guilty to attempted assault on a police officer in Clinton County and was sentenced to serve 12 months in jail starting on Aug. 10, 2021.

But when that day came, court records show Trice was charged in Livingston County court after fleeing and obstructing police there. Records show Trice would spend more than a year behind bars before being let go on Oct. 31, 2022, sticking him with an additional two-year probation, one that records show Trice would later violate a month later.

https://www.justice.gov/usao-w...0707_Trice_Complaint

I wonder the reason for the federal charge is "transported in interstate commerce" is driving down the interstate.

quote:

Originally posted by creedbratton2:
https://www.justice.gov/usao-w...0707_Trice_Complaint

I wonder the reason for the federal charge is "transported in interstate commerce" is driving down the interstate.

That and the car being built in Canada per the article.

quote:

Originally posted by redstone:
all kidnapping cases that cross a state line are by default the case of the FBI which makes it a federal case. but I may be wrong.

That's my first thought but it doesn't say that in the OP. It says the basis is because the car driven was made in Canada and an interstate road was used even though the origin and destination point is within the state.

For better or worse, I think this is the "legal" double jeopardy loophole in that if someone "falls through" the cracks on a local level and doesn't get "punished," the federal government can go in and come up with some justification like this one.

Not a stretch.

Just another example of the media focusing on the last thing that’s important, and then that thing getting likes and clicks.

My brother, who is a Fed, was talking about a case he was working that didn't cross state lines. I questioned him about it, and he said that it is easy for them to get a case if they want it. Anything to do with the Post Office, like you received any mail? Federal. Used a cell phone that connected or used any technology across state lines? Federal. Looked up something on the internet, and the ip traffic crossed state lines? Federal. Used your GPS during the crime? Federal. The list of ways that the Feds can justify a case is long. I doubt they'd have to use simply driving on an interstate highway. Like jljones said, that's probably the media beating the click drum.

He drove on the interstate this becoming part of interstate commerce no matter that he remained in MI the entire time. The feds have all sorts of ways to grab a case. They usually pass because most things aren’t gold star career builders. Kidnap and murder of a child is a photo op and resume padder.

quote:

Originally posted by berto:
He drove on the interstate this becoming part of interstate commerce no matter that he remained in MI the entire time. The feds have all sorts of ways to grab a case. They usually pass because most things aren’t gold star career builders. Kidnap and murder of a child is a photo op and resume padder.

A good friend of mine is FBI Detroit and somewhat helped on this case.
I've worked with the Feds before.

Although the above is true, another thing is how much they can fuck the offender. He's looking at State Charges:
Girlfriend- Attempt Murder, Aggravated Battery

Girlfriends kid- Kidnapping, Murder (possibly an aggravated factor due to the kids age)

Feds also take into consideration if the State has the Death Penalty or not.

in my experience. the feds dont bigfoot cases unless its a slam dunk. Federal percentages on winning is in the 90 +.

^^^'Bigfoot cases', as in step all over the state's jurisdiction?

I don't mind the Feds stepping in on this one litte bit, this bastard should be drawn and quartered for what he did. Unfortunately we have become too damned soft so all he'll get is the needle but it is a good thing that he has to face the possibility that it may actually happen.

Also good press at a time when they're not viewed favorably by many.