CMFG Life Insurance Company v. Mitchell Jr. et al
Case Number: 1:2022cv10874
Filed: April 22, 2022
Court: US District Court for the Eastern District of Michigan
Nature of Suit: Insurance
Former corrections officer Lonnie R. Mitchell Jr. will stand trial in his wife’s killing
Man said he accidentally shot wife; she had 8 gunshot wounds
Bay City Times, The (MI)
April 10, 2022
One September afternoon, police entered a Saginaw Township home to check on a woman who had uncharacteristically not shown up for work that day. Venturing into a bedroom, they found the woman sitting in a chair, dead from apparent gunshot wounds as her small dog scrambled around her protectively.
Within 24 hours, the woman’s husband told a detective he had shot his wife during an argument. Not long after, he reiterated the fatal shooting was accidental during a mental health evaluation in the Saginaw County Jail.
Yet, according to police, the man’s slain wife bore not one gunshot wound, but eight, plus a couple of stab wounds.
These elements were testified to Wednesday during the preliminary examination of 43-year-old Lonnie Mitchell Jr., a former corrections officer charged with open murder and felony firearm in the homicide of his 49-year-old wife, Shantina Davenport-Mitchell.
What police found
The hearing began with Saginaw Township Police Officer Kevin Gloude testifying that, about 3:15 p.m. Sept. 29, he responded to 382 Lamplighter Drive to check on Davenport-Mitchell’s well-being after a coworker reported she hadn’t come in. Davenport-Mitchell had not responded to calls, texts or emails, Gloude said.
Mitchell likewise had not gone to work that day and wasn’t responding to calls, Gloude said.
Gloude walked to the house’s front porch and noticed the door handle was damaged. He knocked on the door and heard dogs barking from within. Peering through windows, he saw a small dog acting agitated, running around and barking, he said. Gloude was given permission by his superior to enter the house and requested more officers to the scene.
Gloude found the front door was unlocked and stepped inside. A large dog in a cage was acting aggressive, while the smaller one ran around.
The officer entered a bedroom and found a rifle lying on the bed. He then noticed Davenport-Mitchell in the room.
“Miss Mitchell was sitting in a chair, deceased,” he said, adding the small dog was near her. “It was trying to go back to protect its owner.”
There were shell casings along the floor of the bedroom and adjoining bathroom, the officer said.
Saginaw County Animal Control officers also responded to the house and removed the two dogs, Gloude said. No one else was in the house, he added.
Saginaw Township Police Detective James MacDonald testified police located Mitchell at his aunt and uncle’s Flint apartment, arresting him without incident about 3:15 a.m. Sept. 30. Given consent to search the apartment, police seized Mitchell’s tennis shoes that bore apparent blood and a loaded .380 Smith & Wesson handgun, MacDonald said. Analysis of the shoes showed Davenport-Mitchell’s blood was on them, the detective said.
Questioned by defense attorney Michael L. Oakes, MacDonald said he never saw Mitchell with the handgun. He also said Mitchell appeared to be under the influence of some substance, judging by his demeanor and physical stability.
Admissions made
Stephanie Gerds, a behavioral health coordinator subcontracted to work out of the Saginaw County Jail, testified she met with Mitchell after he was lodged in the jail for a suicide watch assessment. Unprompted, Mitchell began telling Gerds he had killed his wife, she said.
“Mr. Mitchell made a comment that he ... came in the front door and his wife was on the phone,” Gerds said. “It was a phone he did not recognize. He confronted her about it and he took a gun, put it up to his head and she went to pull the gun down and the trigger went off and it shot her and then the gun fired two more times.”
Gerds warned Mitchell to stop talking, telling him she might have to testify about what he was saying, she said.
“That was not the purpose of why I was there,” she said. “He started to say, ‘Well, what happened was...’ and I stopped him right there. He stopped and paused and said, ‘It’s OK,’ and then continued on with the rest of his statement.”
The case’s lead investigator, Saginaw Township Police Detective Scott Jackson, testified he interviewed Mitchell at police headquarters a few hours after his arrest. By that time, Mitchell did not appear intoxicated, he said.
Read his Miranda rights, Mitchell admitted to shooting his wife, Jackson said.
“He said that he was upset,” Jackson said. “They had gotten into an argument. He believed she was not being faithful to him. He was also struggling with the belief that she was controlling. She had recently shut off his phone, from what he told me. She had kicked him out of the home. He had nowhere to sleep, nowhere to eat, and he was upset about that. He said they had gotten into an argument and he shot her.”
After shooting her, Mitchell said he grabbed the keys to a Dodge Durango and left for Flint.
Saginaw County Chief Assistant Prosecutor Blair N. Stevenson asked the detective if Mitchell said his wife said anything after he shot her.
“He told me that Shantina told him to call 911, to get help, and to hide the gun and that they together ... would report that the shooting was an accident,” Jackson said.
Stevenson then presented an autopsy report stating Davenport-Mitchell had suffered eight gunshot and two stab wounds.
After Jackson stepped down, Stevenson asked Saginaw County District Judge M. Randall Jurrens to bind the case over to Circuit Court for trial. Oakes objected, saying in part that Jackson and Gerds’ testimony should be discounted. Oakes disputed his client could have been sober and lucid during his interview with Jackson, while with Gerds, he asserted she was acting as a law enforcement agent when Mitchell confessed to her.
Stevenson countered several hours had passed between Mitchell’s apparent intoxication and his interview with Jackson. He also said Gerds was not acting in a law enforcement capacity when Mitchell spoke to her and that she told him not to talk about his wife’s death with her.
Jurrens ruled in the prosecution’s favor and bound the case over.
Mitchell’s trial date is pending.
Man said he accidentally shot wife during argument; she had 8 gunshot wounds, 2 stab wounds, detective testifies
MLive
April 7, 2022
SAGINAW, MI — A September afternoon, police entered a Saginaw Township home to check on a woman who had uncharacteristically not shown up for work that day. Venturing into a bedroom, they found the woman sitting in a chair, dead from apparent gunshot wounds as her small dog scrambled around her protectively.
Within 24 hours, the woman's husband told a detective he had shot his wife during an argument. Not long after, he reiterated the fatal shooting was accidental during a mental health evaluation in the Saginaw County Jail.
Yet, according to police, the man's slain wife bore not one gunshot wound, but eight, plus a couple of stab wounds.
These elements were testified to during the Wednesday, April 6, preliminary examination of 43-year-old Lonnie R. Mitchell Jr., a former corrections officer charged with open murder and felony firearm in the homicide of his 49-year-old wife, Shantina Davenport-Mitchell.
The hearing began with Saginaw Township Police Officer Kevin Gloude testifying that about 3:15 p.m. on Sept. 29 he responded to 382 Lamplighter Drive to check on Davenport-Mitchell's well-being of after a coworker reported she hadn't come to work. Davenport-Mitchell had not responded to calls, texts, or emails, Gloude said.
Mitchell likewise had not gone to work that day and wasn't responding to calls, Gloude said.
Gloude walked to the house's front porch and noticed the door handle was damaged. He knocked on the door and heard dogs barking from within. Peering through windows, he saw a small dog acting agitated, running around and barking, he said.
Gloude was given permission by his superior to enter the house and requested more officers to the scene.
Gloude found the front door was unlocked and stepped inside. In a cage was a large dog acting aggressive, while the smaller one ran around.
The officer entered a bedroom and found an assault-style rifle lying on the bed. He then noticed Davenport-Mitchell in the room.
"Miss Mitchell was sitting in a chair, deceased," he said, adding the small dog was near her. "It was trying to go back to protect its owner."
There were shell casings along the floor of the bedroom and adjoining bathroom, the officer said.
Saginaw County Animal Control officers also responded to the house and removed the two dogs, Gloude said. No one else was in the house, he added.
Saginaw Township Police Detective James MacDonald then testified police located Mitchell at his aunt and uncle's Flint apartment, arresting him without incident about 3:15 a.m. on Sept. 30. Given consent to search the apartment, police seized Mitchell's tennis shoes that bore apparent blood and a loaded .380 Smith & Wesson handgun, MacDonald said.
Analysis of the shoes showed Davenport-Mitchell was a contributor to their bloodstains, the detective added.
Questioned by defense attorney Michael L. Oakes, MacDonald said he never saw Mitchell with the .380. He also said Mitchell appeared to be under the influence of some substance, judging by his demeanor and physical stability.
Stephanie Gerds, a behavioral health coordinator subcontracted to work out of the Saginaw County Jail, testified she met with Mitchell after he was lodged in the jail for for a suicide watch assessment. Unprompted, Mitchell began telling Gerds he had killed his wife, she said.
"Mr. Mitchell made a comment that he … came in the front door and his wife was on the phone," Gerds said. "It was a phone he did not recognize. He confronted her about it and he took a gun, put it up to his head and she went to pull the gun down and the trigger went off and it shot her and then the gun fired two more times."
Gerds warned Mitchell to stop talking, telling him she might have to testify about what he was saying, she said.
"That was not the purpose of why I was there," she said. "He started to say, 'Well, what happened was…' and I stopped him right there. He stopped and paused and said, 'It's OK,' and then continued on with the rest of his statement."
The case's lead investigator, Saginaw Township Police Detective Scott Jackson, testified he interviewed Mitchell at police headquarters a few hours after his arrest. By that time, Mitchell did not appear intoxicated, he said.
Read his Miranda rights, Mitchell admitted to shooting his wife, Jackson said.
"He said that he was upset," Jackson said. "They had gotten into an argument. He believed she was not being faithful to him. He was also struggling with the belief that she was controlling. She had recently shut off his phone, from what he told me. She had kicked him out of the home. He had nowhere to sleep, nowhere to eat, and he was upset about that. He said they had gotten into an argument and he shot her."
After shooting her, Mitchell said he grabbed the keys to a Dodge Durango and left for Flint.
Saginaw County Chief Assistant Prosecutor Blair N. Stevenson asked the detective if Mitchell said his wife said anything after he shot her.
"He told me that Shantina told him to call 911, to get help, and to hide the gun and that they together … would report that the shooting was an accident," Jackson said.
Stevenson then presented an autopsy report stating Davenport-Mitchell had suffered eight gunshot and two stab wounds.
After Jackson stepped down, Stevenson asked Saginaw County District Judge M. Randall Jurrens to bind the case over to Circuit Court for trial. Oakes objected, saying in part that Jackson and Gerds' testimony should be discounted. Oakes disputed his client could have been sober and lucid during his interview with Jackson, while with Gerds, he asserted she was acting as a law enforcement agent when Mitchell confessed to her.
Stevenson countered several hours had passed between Mitchell's apparent intoxication and his interview with Jackson. He also said Gerds was not acting in a law enforcement capacity when Mitchell spoke to her and that she told him not to talk about his wife's death with her.
Jurrens ruled in the prosecution's favor and bound the case over.
Mitchell's trial date is pending.
Saginaw Township man charged in wife’s killing to have psychiatric evaluation
MLive
Nov. 10, 2021
SAGINAW, MI — A local man accused of fatally shooting his wife in their Saginaw Township home is to undergo a psychological evaluation before his case can proceed through the court system.
Lonnie R. Mitchell Jr., 42, appeared before Saginaw County District Judge M. Randall Jurrens for a scheduled pre-examination conference the afternoon of Wednesday, Nov. 10. Rather than proceed with the hearing, defense attorney Michael Oakes requested Mitchell be sent to the Center for Forensic Psychiatry in Ypsilanti.
Jurrens granted the request, meaning Mitchell will be evaluated by staff at the center regarding both his competency and criminal responsibility.
Gauging competency means determining if a defendant’s current mental or emotional state is fit enough for trial, to the extent he or she understands the charges against them and their constitutional rights. Criminal responsibility assesses if a defendant should be deemed responsible or not for the alleged crime based on their mental or emotional state when the offense occurred.
Once staff have completed their evaluation and submitted their findings to the court, Jurrens will review their report and rule on whether Mitchell is fit to participate in future court hearings.
Mitchell is charged with open murder and felony firearm in connection with the death of his 49-year-old wife, Shantina Davenport-Mitchell.
Saginaw Township Police officers at about 3:30 p.m. on Sept. 29 went to the couple’s residence at 382 Lamplighter Drive to check on Davenport-Mitchell’s well-being after a co-worker reported she didn’t show up for work that day, Chief Donald F. Pussehl Jr. has said.
Officers found Davenport-Mitchell deceased inside her home. Mitchell was not present when police arrived.
Between 3 and 4 a.m. on Sept. 30, police found Mitchell at a residence in Flint and took him into custody without incident.
After questioning Mitchell at headquarters, officers arrested him on a murder charge.
Investigators have not disclosed a potential motive for Davenport-Mitchell’s killing.
Davenport-Mitchell’s death is Saginaw Township’s second homicide of the year and the 22nd for Saginaw County as a whole. Since her death, the county has had eight more homicides, bringing the total to 30 as of Nov. 10.
Saginaw County recorded 30 homicides throughout 2020.
The date of Mitchell’s next court appearance is pending.
Husband of slain wife in Saginaw Township arraigned
ABC News - Saginaw
Oct 1, 2021
SAGINAW TOWNSHIP, Mich. (WJRT) - The husband of a woman found dead in her Saginaw Township home was arraigned today.
Lonnie Mitchell faces an open murder charged in connection with the death of Shantina Davenport-Mitchell.
Police said that she was shot to death in her home Wednesday.
Detectives arrested Lonnie Mitchell Thursday morning in Flint. He is being held in jail with no bond.
Man in custody after his wife was found dead in their home
ABC 17 News
October 01, 2021
SAGINAW TOWNSHIP, Michigan (WNEM) — After hours of searching, investigators tracked down a local man wanted for questioning in the death of his wife.
Saginaw Township Police were called to a home on Lamplighter Drive near Hospital and McCarty Wednesday afternoon. Upon arrival, they found 49-year-old Shantina Davenport-Mitchell dead inside.
Investigators quickly launched a search to find the woman’s husband, Lonnie Mitchell Jr. Mitchell is now in jail awaiting formal charges.
“I never thought that he would do something like this,” said Dasia Parker, Mitchell’s daughter.
Police are seeking murder charges against Mitchell for his wife’s death. She was found dead in the couple’s Saginaw Township home Wednesday. Parker said she just spoke with her on Monday.
“Shantina just started telling how like he been like not himself lately and she don’t want him back in the house and stuff like that,” Parker said.
Parker said the pair had a troubled marriage. She also said her dad was taking medication.
“I’m not going to say he’s crazy but like he takes medication just to be right in the head. Like I don’t know, it’s like I’m shocked but then I’m not,” Parker said.
Shortly after Davenport-Mitchell was found, authorities named her husband as a person of interest. Detectives got a tip Mitchell was at a home in Flint. That is where he was taken into custody in the early hours of Thursday morning.
“He came out peacefully with no problem or anything like that. Came out and was brought back here to the police department, was interviewed by detectives, and then once the interview was completed, the detectives felt that they had enough probable cause to make the arrest for murder in this case,” Saginaw Township Police Chief Donald Pussehl said.
Mitchell is lodged in the Saginaw County Jail. The investigation is ongoing with formal criminal charges pending.
In the meantime, two families are grieving the tragic chain of events that played out in the quiet neighborhood.
“We have two lives here potentially ruined unfortunately where she’s deceased, and you know if it shows that he was responsible for this murder, that’s going to be some serious charges brought against him. And so, for both families it’s just sad,” Pussehl said.
As for Parker, she called Wednesday the worst day of her life. She knows there are people that are in a lot of pain tonight.
“I’m just going to keep everybody in my prayers. Can’t nothing good come out of this situation. So, I can’t tell everybody like keep their head up because I know how it is to lose somebody,” Parker said.
Pussehl said this is the second homicide of the year in Saginaw Township.
Saginaw Township man charged with murder in wife’s fatal shooting
MLive
Oct. 01, 2021
SAGINAW, MI — A Saginaw Township man has been charged with murder in the recent fatal shooting of his wife.
Saginaw County District Judge A.T. Frank on the afternoon of Friday, Oct. 1, arraigned 42-year-old Lonnie R. Mitchell Jr. on single counts of open murder and felony firearm.
Open murder contains first- and second-degree murder, which are both life offenses, though a first-degree conviction comes with a mandatory sentence of life imprisonment without the possibility of parole.
The charges stem from the death of Mitchell’s 49-year-old wife, Shantina Davenport-Mitchell.
Saginaw Township Police officers at about 3:30 p.m. on Wednesday, Sept. 29, went to the couple’s residence at 382 Lamplighter Drive to check on Davenport-Mitchell’s well-being after a co-worker reported she didn’t show up for work that day, Police Chief Donald F. Pussehl Jr. has said.
Officers found Davenport-Mitchell deceased inside her home.
Investigators on Wednesday advised they were looking for Mitchell to question him, as he was not home when officers arrived.
Between 3 and 4 a.m. Thursday, police found Mitchell at a residence in Flint and took him into custody without incident.
After questioning Mitchell at headquarters, officers arrested him on a murder charge.
At the Friday arraignment, Frank asked Mitchell if he planned to hire his own attorney or needed a court-appointed one.
“I’m seeking a court-appointed attorney at this time, ‘cause I don’t have any family here,” Mitchell said.
The judge referred his case to the Office of Assigned Counsel.
Attorney Eldor Herrmann Jr., appearing on Mitchell’s behalf for arraignment purposes only, said Mitchell is a lifelong Michigan resident with family in Flint.
“I understand that he does have some mental health issues,” Herrmann said.
Judge Frank denied granting Mitchell bond. He scheduled his case for a pre-examination conference at 11:50 a.m. on Friday, Oct. 8.
Investigators have not disclosed a potential motive for Davenport-Mitchell’s killing.
Davenport-Mitchell’s death is Saginaw Township’s second homicide of the year and the 22nd for Saginaw County as a whole.
The township’s previous homicide of 2021 was that of 29-year-old La’Resha C. Isom-Pittman, found shot to death inside her Camelot Place Apartments unit on May 18.
Detectives determined Isom-Pittman was killed by her 33-year-old husband, Aaron C. Pittman, who subsequently died by suicide before he could be arrested.
The county’s 23rd homicide of the year occurred the day after Davenport-Mitchell’s, when Demarquis Drake apparently fatally shot his mother, 48-year-old Lawanda Drake in Saginaw.
Demarquis Drake subsequently killed himself via a gunshot in Buena Vista Township.
Husband of Saginaw Township woman found dead was located in Flint overnight
Police want to question Lonnie Mitchell Jr. about how his wife died in her Saginaw Township home
ABC12 News
Sep 30, 2021
FLINT, Mich. (WJRT) - Saginaw Township police have found the man that they believe could be involved in the suspicious death of his wife.
Investigators wanted to question 43-year-old Lonnie Mitchell Jr. in connection with the death of his wife, 49-year-old Shantina Davenport-Mitchell. Her body was discovered in her home in the 3800 block of Lamplighter Drive in Saginaw Township around 3:30 p.m. Wednesday.
Police went to the residence to check on the well-being of Davenport-Mitchell. They found her dead inside the residence, but investigators haven’t said how she died.
Police across Michigan were looking for Mitchell Jr. before he was located at an undisclosed location in the city of Flint early Thursday morning, along with his white 2009 Dodge Durango GT.
The Saginaw Township Police Department arrested Mitchell Jr. on Thursday morning in connection with his wife’s death and placed him in the Saginaw County Jail while he awaited formal charges.
Police plan to talk with the Saginaw County Prosecutor’s Office about criminal charges in the case when the investigation allows.
The investigation into the death of Davenport-Mitchell will continue Thursday. Anyone with information about the case should call Saginaw Township police at 989-793-2310.
Saginaw Township police, neighborhood react to apparent domestic violence homicide
Husband accused of killing his wife in their home on Wednesday
ABC 12 News
Sep 30, 2021
SAGINAW TOWNSHIP, Mich. (WJRT) - A Saginaw Township man is expected to be arraigned soon, accused of killing his wife in their home.
It’s the second homicide in the township this year.
The first one was also a case of domestic violence, and the number of domestic violence calls to 9-1-1, in that township alone, is staggering.
“Her employer had called and said she did not show up for work,” says Saginaw Township Police Chief Don Pussehl on what prompted police to go to the home in the 3800 block of Lamplighter.
49-year-old Shantina Davenport-Mitchell didn’t show up for work Wednesday and when police showed up at her Saginaw Township home that afternoon, they found her dead. Cause of death has not been disclosed.
The discovery stunned the residents in the typically quiet subdivision.
“It’s a shock, I have been here since 2008, wonderful neighborhood, good people, never imagine something like that happening around here,” says neighbor Chris Sales.
Police wanted to inform her husband, 43-year-old Lonnie Mitchell of her death, but he quickly became a person of interest in the investigation. They alerted police agencies across the state that they wanted to speak with him. Mitchell was found early this morning.
“Detectives were able to locate him in the city of Flint,” says Pussehl.
Mitchell was questioned and is now under arrest, accused of murder. Sales lives across the street and didn’t suspect any problems at the home.
“The fellow there, always said Hi to him, he was always friendly to me, talked a little bit in the morning, how you doing, how are things going,” says Sales.
Police were at the home in January 2020 and arrested Mitchell for domestic violence. Court records indicate Shantina was the victim. The charges were later dropped.
So far, in the first nine months of 2021, there have been 588 domestic violence complaints called in to 9-1-1, in Saginaw Township alone. Pussehl says cases have gone up during the pandemic and they haven’t come down at all.
“It’s something that we battle everyday, were called to incidents of domestic violence and I just wish we could get through to people if they are having a disagreement amongst themselves, walk away, walk away,” he says.
Shantina Davenport-Mitchell had four children from a previous marriage.
While a cause of death was not released, the police bulletin that was put out for Lonnie Mitchell last night indicated they believed he was armed with a firearm.
Saginaw Township woman’s death a homicide, husband in police custody
MLive
Sep. 30, 2021
UPDATE: Police announced at 10:07 a.m. Thursday, Sept. 30, that they have arrested the slain woman’s husband and lodged him in the Saginaw County Jail.
SAGINAW TWP, MI — Police are investigating the homicide of a Saginaw Township woman, whose husband is currently in their custody.
About 3:30 p.m. on Wednesday, Sept. 29, Saginaw Township Police officers went to a residence in the 3800 block of Lamplighter Drive to check on the well-being of 49-year-old Shantina Davenport-Mitchell. A co-worker had called police after Davenport-Mitchell didn’t show up for work that day, said Police Chief Donald F. Pussehl Jr.
Officers found Davenport-Mitchell deceased inside her home.
“When we first initially found her, it was hard to tell what injuries she had,” Pussehl said. “Once the Crime Lab processed the scene and we were able to view the body, we were able to determine it was a homicide.”
Police are not yet disclosing how they believe Davenport-Mitchell was killed, but Pussehl said they believe she died on Wednesday.
Police at 10:40 p.m. Wednesday issued an advisory that they were looking for Davenport-Mitchell’s 43-year-old husband to question him. Between 3 and 4 a.m. Thursday, police located the husband at a residence in Flint and taken into police custody without incident, Pussehl said.
The husband is to be interviewed by detectives on Thursday, the chief said.
“This is still a very, very active investigation,” he said. “Detectives worked on it throughout the night and will be working on it throughout today too.”
Davenport-Mitchell’s death is Saginaw Township’s second homicide of the year and the 22nd for Saginaw County as a whole. The township’s previous homicide of 2021 was that of 29-year-old La’Resha C. Isom-Pittman, found shot to death inside her Camelot Place Apartments unit on May 18.
Detectives determined Isom-Pittman was killed by her 33-year-old husband, Aaron C. Pittman, who subsequently died by suicide before he could be arrested.
Saginaw Township police looking for man whose wife was found dead
Investigators want to question Lonnie Mitchell Jr. about his wife’s death Wednesday afternoon
ABC12 News
Sep 29, 2021
SAGINAW TOWNSHIP, Mich. (WJRT) - Saginaw Township police are looking for a man that they say could be involved in the suspicious death of his wife.
Police were called to a home in the 3800 block of Lamplighter Drive around 3:30 p.m. Wednesday to check on the well-being of the woman who lives there. They found a woman dead in the residence, but investigators haven’t said how she died.
The Saginaw Township Police Department wants to speak with 43-year-old Lonnie Ray Mitchell Jr. about the death of his wife. He remained on the loose Thursday morning and possibly may be driving a white 2009 Dodge Durango GT with the license plate EEV 793.
Anyone with information on the woman’s death or Mitchell’s whereabouts should call Saginaw Township police at 989-793-2310 or 911. Police ask everyone who sees Mitchell to call authorities rather than approach him.
