The Michigan Court of Appeals has upheld a 5- to 15-year prison sentence for a man convicted of assaulting his adult daughter outside her Madison Heights home in 2022.
Merrick Hopkins’ trial in Oakland County Circuit Court in 2024 ended with a guilty verdict for assault with intent to do great bodily harm, and acquittals for assault with intent to murder and felon in possession of a firearm. In his appeal to the higher court, he argued that the trial court erred in sentencing him outside the initial guidelines of 5 to 46 months, and that the sentence was enhanced due to a claim that the victim suffered psychological damage because of the assault. Hopkins maintained that was based on an assumption with no evidence to support it.
However, in the COA’s unpublished opinion issued on June 2, the judges referenced testimony from the victim, her boyfriend and others who witnessed the assault — and at the sentencing hearing “the victim testified about her nightmares, depression and anxiety” that resulted from it.
“The trial court did not assume that the victim suffered based on defendant’s conduct but instead found that the victim suffered serious psychological injury based on the victim’s testimony about the effects of that conduct on her, which were supported by descriptions of the assault, as well as the fact that it was her father who inflicted the injuries, “the opinion states. “The evidence of the victim’s significant mental health issues as a result of defendant’s assault was sufficient to (warrant an adjustment to the sentencing range) and therefore, the trial court did not err.”
It was also noted that Merrick’s criminal history and “less than truthful” trial testimony were among other factors considered at sentencing.
Merrick Hopkins (MDOC)
As further stated in the COA opinion, the assault stemmed from “several altercations” that happened outside the home involving the victim, Hopkins, Hopkins’ wife and the victim’s boyfriend — after Hopkins and his wife had arrived unannounced to visit their grandchildren: “Defendant’s wife and the victim started fighting in the street after the wife grabbed the victim by her sweater; during the fight, the wife’s arm wrapped around the victim’s neck. While the victim and defendant’s wife were fighting, the victim’s boyfriend fought with defendant after defendant allegedly pushed the boyfriend. Eventually, several gun shots occurred. The victim, her boyfriend, and their neighbor testified that the gunshots came from defendant. Defendant claimed that his wife had the gun in her hand.
“After allegedly shooting the gun, defendant hit the victim in the face, resulting in broken fragments and swelling. The victim and a neighbor testified that the victim fell to the ground in a fetal position, where defendant and his wife proceeded to kick the victim in the torso and legs. Defendant and his wife eventually fled the scene, later being found during a traffic stop with a handgun in the wife’s purse.”
The prosecutor had requested an even lengthier sentence than Hopkins was handed — 12 to 30 years in prison — because he was the victim’s parent and allegedly lacked remorse.
Hopkins, 48, is incarcerated at the Newberry Correctional Facility in the Upper Peninsula. His earliest release date is Nov. 2, 2027.
The Court of Appeals unpublished opinion can be found at https://tinyurl.com/3p4hutcf.
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