2016-09-04 / Front Page

Case against military cop delayed

Washington man seeks a jury trial
810-452-2616 •

Suspect James Allen and attorney Mike Manley address the court Friday. 
Photo by Phil Foley Suspect James Allen and attorney Mike Manley address the court Friday. Photo by Phil Foley LAPEER — A Flint defense attorney spent more time in the hallway with his client Friday morning than they did in front of District Court Judge Laura Cheger Barnard.

Mike Manley’s client, James Allen, 40, a Naval Reservist from Port Orchard, Wash., with ties to Lapeer County, is accused of beating a Hadley man, 53, unconscious outside Cascadden Lounge in Metamora Township on July 24.

Manley and Allen were set to appear before Barnard for a probable cause hearing Friday morning, but the hearing was put off until the end of the month.

Outside court Manley said he expects to maintain at trial that his client acted in self-defense. He said Allen and his father will testify that Steven Powers “was the aggressor,” and that Allen “was just defending his father.”

The Metamora Township Police Dept. was sent to the bar following reports of an unconscious man bleeding in the parking lot. Police found Powers suffering life-threatening head injuries.

Manley told Barnard that neither he nor the Lapeer County Prosecutor’s Office currently know the status of Powers’ medical condition. Manley said he hadn’t been able to reach a resolution with prosecutors and expects to go to trial.

No one from the prosecutor’s office was at the hearing, which lasted five minutes.

After being found unconscious outside Casscadden, Powers was taken to McLaren Lapeer Region and later transferred to a rehabilitation facility. “We’re heard he’s still in rehab and we’ve heard he’s up and around. We just don’t know,” Manley said.

Shortly after the incident Metamora Twp. Police Chief Dave Mallett said. “When medical personnel and police arrived (Powers) was unconscious. He has never regained consciousness so we’ve had no opportunity to talk to him to determine what happened.” There were no witnesses.

Powers was found on the ground about 10 feet from the back door of Cascadden. Mallett said the Hadley man’s injuries appeared to be consistent with being punched and kicked.

Allen came to Friday’s hearings in his Navy whites, with a green cast encasing his right hand.

According to police reports, Allen was in town last month to celebrate his father’s 70th birthday. Police later found Allen and his father at an Elba Township bar, where they arrested him.

He was arraigned the next day on a charge of assault with great bodily harm less than murder and released after posting a $50,000 cash surety bond.

Allen flew back to Michigan from Washington Aug. 5 for a probable cause hearing in front of Barnard, where Manley asked for more time to review the case file.

Allen’s now due back in court Sept. 26.

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