LANSING, Mich. — Anthony McRae, 43, is the suspected gunman that shot and killed three Michigan State students and critically injured five more in a deadly shooting spree that ended with an hours-long manhunt Monday.
In 2019, Anthony McRae was arrested for carrying a concealed weapon (CCW) by Lansing Police, a felony charge that could have carried up to five years in prison.
In the case of McRae's charges, a felony conviction would have prevented him from legally owning a firearm for three years after the following have been completed (MCL 750.224f):
- The person of all fines imposed in the violation.
- The person has served all terms of imprisonment imposed for the violation.
- The person has successfully completed all conditions of probation or parole imposed for the violation.
McRae's charge was dismissed in a plea deal where he pleaded guilty to the lesser misdemeanor charge of possession of a loaded firearm in or upon a vehicle.
McRae was sentenced to 12 months probation and given a $1,018 fine for the charge in November of 2019. His probation sentence was later extended to 18 months to "allow the defendant to complete the terms and conditions of his Order of Probation."
The misdemeanor charge prevented McRae from purchasing firearms while on probation, but once it was completed in May of 2021 McRae was legally able to purchase firearms, which he did.
Now, the question has been asked if his charge had remained a felony, could the deadly shooting at Michigan State University have been prevented?
While it is impossible to say definitively whether or not it would have prevented the shooting, it is safe to say that if he was convicted of the felony charge in 2019, he wouldn't have been able to purchase a firearm legally at the time of the Michigan State shooting.
In order to fully understand why it isn't a clear-cut answer, several more questions need to be asked involving the arrest, the misdemeanor plea deal and the Ingham County Prosecutor at the time.
Why was McRae arrested in 2019?
Recently obtained body camera footage and court documents from the 2019 arrest helps give context to the case.
The incident took place on June 7, 2019, around 3 a.m. when McRae was seen crossing a parking lot of an abandoned commercial building in the 2600 block of North East St. in Lansing, according to court documents.
Lansing Police Officer James Zolnai was patrolling the area when he noticed McRae smoking a cigarette while sitting in the parking lot.
Officer Zolnai identified himself to McRae and asked him if he was carrying a weapon. Here is a transcript from Zolnai's body camera footage:
Zolnai: How you doing?
McRae: Hi.
Zolnai: What's the word man, you work here?
McRae: No. I just left QD, man. I normally come here to get (inaudible)
Zolnai: Got any weapons on you right now?
McRae: Huh?
Zolnai: Got any weapons on you or anything like that?
McRae: Yeah.
Zolnai: You have a weapon on you?
McRae: Yeah.
Zolnai: What do you have?
McRae: Uh .380.
Zolnai: Why don't you put your hands behind your back real quick, I'm just going to detain you for a second, okay? Can you put your cigarette out?
McRae puts down some of his belongings including a pack of cigarettes.
Zolnai: I don't want to break nothing. Do you have a concealed carry permit?
McRae: No, I'm working on it.
Zolnai: Okay, I hear what you're sayin, man. Where's your .380 at?
Zolani begins to handcuff McRae.
McRae: It's in my pocket.
Zolnai: Just hang tight for me, okay?
McRae: I live right down the street, man.
Zolnai: Is it right here? (referring to the .380)
McRae: Yeah.
Zolnai: Okay, is it your registered firearm?
McRae: Yeah, registered, yup.
Zolnai: Okay.
McRae: I got my permit... I mean, registration.
Zolnai: Hang tight for me for a second. You got anything else (inaudible)?
McRae: Nah, that's it buddy.
Zolnai: Nothings going to stick or poke me? No knives, no needles, nothing like that?
McRae: No.
Zolnai: Okay.
Zolnai radios into dispatch to announce he has a firearm secured.
After the firearm was secured and McRae was read his Miranda rights, he was asked about the gun.
Zolnai: You want to speak to me about what's going on here?
McRae: Yeah, normally I got to QD, I just bought a pack of cigarettes. I normally come here, you know, just to get out the house a little bit. And, uh, when I reached into my pocket, I just wanted to show you my cigarettes, which was in the top pocket. And I know I'm supposed to have a permit to carry the .380.
Zolnai: You know you don't have a permit for it?
McRae: No, but I'm working on it. I was working on getting my...
Zolnai: Did you know that you needed a permit to carry that .380?
McRae: Yeah, man. Yeah, but it's late. I'm going to the store...
Zolnai: Why are you carrying?
McRae: Protection.
Zolnai: Protection?
McRae: Protection, but like I said, I just left QD. I normally come here to smoke a cigarette.
Zolnai: Working on getting your permit?
McRae: Yeah.
Zolnai: Okay, but you know you're not supposed to (inaudible)
McRae: I got my for that Virginia...
Zolnai: Is that firearm registered to you?
McRae: Yeah.
Zolnai: Where did you buy it at?
McRae: Uh, that pawn shop right there.
Zolnai: Right there at the pawn shop?
McRae: Yeah.
Zolnai: How long ago did you buy it?
McRae: I bought that, uh, at the end of March.
Zolnai: End of March, how much did you buy it for?
McRae: 214
Zolnai: 214?
McRae: Yeah.
Zolnai continued to question McRae for another couple of minutes about what time McRae left his home and how he stores his weapon at home.
McRae was ultimately placed under arrest by the officer on a CCW charge and was transported to the Lansing Police Department where he was held for a day.
The weapon was confiscated and held by police as evidence. It remains in police custody to this day.
Why was the felony dropped to a misdemeanor?
The initial CCW charge was accompanied by a second charge, which was announced later, of possession of a loaded firearm in or upon a vehicle.
The original CCW charge was dropped in a plea deal for McRae to plead guilty to the misdemeanor charge of possession of a loaded firearm in or upon a vehicle.
The plea deal was made between McRae's defense attorney Jacob P. Sartz and the Ingham County Prosecutor's Office. The plea deal was also signed off by 30th Circuit Court Judge James Jamo.
Prior to the plea deal, McRae's attorney filed a motion to suppress the gun seizure as well as a motion to suppress the physical evidence of the gun in the case. The motions claimed that "the police had no lawful basis for conducting a warrantless search of Mr. McRae's person."
The prosecutor's office responded to these motions, but court documents do not reveal if the motion was denied.
Ten days after the motions were filed, McRae's plea deal was accepted and he was sentenced on October 24, 2019, to 12 months of probation and a $1,018 fine. McRae's probation would later be extended to 18 months.
This was McRae's first felony charge, a fact that could have been used to argue down the charge to a misdemeanor.
Taking a plea deal is a common practice in courts. The U.S. Bureau of Justice said that it is estimated that "about 90 to 95 percent of both federal and state court cases are resolved through this process," in a report on plea and charge bargaining.
Who was the Ingham County Prosecutor at the time?
Carol Siemon was the Ingham County Prosecutor at the time of McRae's arrest. The democrat prosecutor was elected to office in 2016 by a wide margin after serving as the Assistant County Prosecutor for 11 years prior.
The previous prosecutor for the county was now Gov. Gretchen Whitmer after she was appointed to the position in May 2016.
Whitmer took over for Stuart Dunnings III, who stepped down after being charged with several crimes including engaging in prostitution. He was later convicted on one count of misconduct in office and a misdemeanor count of engaging the services of a prostitute, as a part of a plea deal with the office of Michigan Attorney General Bill Schuette.
When Siemon took office in 2017, she began a series of reforms in hopes to address mass incarceration and racial disparity in the justice system.
Her reforms did not affect McRae's case, but in 2021, she announced that she planned on limiting the use of the felony firearms charge. The charge can be added whenever someone is in possession of a firearm while committing a felony.
Was Carol Siemon involved in McRae's plea deal?
Based on the court documents related to the arrest, it appears that Carol Siemon was minimally involved in the case and plea deal.
Assistant Ingham County Prosecutors Christopher A. Martin and Salina Choice handled the response to McRae's motions to suppress and preliminary examination, respectively.
The negotiations involved in plea deals are almost never made public, so it is hard to tell who in a county prosecutor's office is actually conducting them and approving them.
Carol Siemon's name only appeared on a few documents involved in the case and her signature was absent from all 94 pages of court documents we obtained.
This doesn't mean that Siemon was not involved in the deal, as it could have been brought to her by an assistant attorney for approval.
With thousands of cases in the county each year, this non-violent charge where the suspect was cooperative with police probably did not stand out.
However, Siemon's general policy of reform fits in spirit with the plea that was agreed upon by the defense, the prosecutor's office and judge.
Why are plea deals so common?
Plea deals are extremely common for several different reasons, the most common of which is practicality.
The American Bar Association believes they are so prevalent because:
- Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve.
- The prosecution saves the time and expense of a lengthy trial.
- Both sides are spared the uncertainty of going to trial.
- The court system is saved the burden of conducting a trial on every crime charged.
With the current design of the American Justice System, taking every case to trial would be nearly impossible to do effectively.
Carol Siemon's controversial time in office
While Siemon won election twice in Ingham County, her tactics and reforms were considered controversial by many, including her successor.
One plea offered by her office in 2020 was highlighted by the Lansing State Journal.
A man who was accused of bludgeoning two women to death while on parole for domestic assault was offered a plea deal that would have reduced his sentencing significantly.
The defendant was facing first-degree murder charges in the case and Siemon sought a reduced sentence of 30-50 years. The plea was rejected by the judge and condemned by the Ingham County Sheriff.
Siemon said that she did not believe in life-without-parole sentences and suggested that the defendant deserved a chance to change, according to the Lansing State Journal.
The Lansing State Journal also reported that in at least two other cases, victims' families complained about a decision to charge teenage murder suspects in juvenile court.
When Siemon stepped down from her office at the end of 2022, halfway through her second term, her successor quickly changed the course of the office.
WKAR in Lansing said that the incoming Ingham County Prosecutor, John Dewane, revised policies that increased charges for repeat felony offenders and start using felony firearm charges more frequently.
Prior to Siemon's announcement of retirement, several police chiefs in the county called for her resignation, the Lansing State Journal reported.
Was the same firearm McRae was arrested for in 2019 used in the Michigan State shooting?
No, the weapon was confiscated by Lansing Police during the arrest and is still in their custody today, according to a statement made by Lansing Police earlier this week.
According to a briefing Thursday, McRae was found by police a few miles from campus several hours after the first shooting at Berkey Hall took place. When confronted, he shot himself and was pronounced dead on the scene, police say.
Authorities disclosed that McRae was found with two 9mm handguns, multiple magazines and extra ammunition.
The handguns were purchased legally, but not registered.
Sophomore Brian Fraser, 20, from Grosse Pointe, 19-year-old Arielle Anderson, also from Grosse Pointe, and junior Alex Verner 20, from Clawson, were killed in the violence on Monday, Feb. 13.
The result of his 2019 plea deal
McRae's 2019 conviction did not bar him from legally purchasing the two firearms he used in the shooting in East Lansing.
Another possible outcome of the case could have put him behind bars at the time of the shooting, if he was convicted on the original charge and sentenced to the maximum term of five years.
And while a felony conviction would have barred him from purchasing the guns used in the shooting, McRae still could have acquired guns illegally or through a private sale exemption for rifles and shotguns, which does not require background checks.
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