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Sweaty shoe used to convict man in Norton Shores robbery is fair game, appeals court says

The Michigan Court of Appeals for the first time has affirmed the use of new DNA technology in an armed robbery case out of Muskegon County which resulted in a conviction based on evidence from a size 9 Nike shoe.

MUSKEGON, Mich. - DNA evidence gleaned from a lost shoe was fair game, the Court of Appeals said, in an armed robbery probe that led to the conviction of a Muskegon County gunman who otherwise could not be identified.

Elamin Muhammad was convicted of the July, 2014 holdup at a Shell gas station in Norton Shores.

Part of the evidence was a sweat sample taken from a size 9 Nike shoe left at the scene of the crime.

Although the shoe revealed DNA from more than one person, an expert testified that the odds of someone other than Muhammad producing the DNA profile was extraordinarily remote. The shoe was considered important because the gunman wore a mask.

Muhammad wanted the DNA evidence excluded. The appeals court, in a 15-page published decision, said it was fair game.

“We conclude that the trial court did not abuse its discretion in admitting the DNA evidence,’’ the three-judge panel wrote.

Muskegon County Chief Assistant Prosecutor Timothy Maat said he was happy with what he called a landmark ruling.

“This is a big deal and it is a landmark decision as it relates to this DNA testing, so we are very pleased,’’ Maat said.

When an initial sample was tested by Michigan State Police, it indicated the presence of DNA from four people. But when new technology was applied, it determined the odds of the DNA coming from someone other than Muhammad was one in 100 billion, Maat said.

“This ability to evaluate complex mixtures opens the door for us to hold defendants accountable in a very scientific way,’’ Maat said. “This is the first Michigan-based case that recognizes the scientific validity of this.’’

Kent County Prosecutor Chris Becker agrees.

“We’re somewhat excited about it because it opens up a whole new world of possibilities for older cases, where there may be a mixture of DNA,’’ Becker said. “I think it’s going to be very beneficial for old cases as well as new cases going forward where we deal with mixtures.’’

Muhammad was found guilty of armed robbery and felony use of a firearm – second offense, following a bench trial in March of 2016.

Muskegon County Circuit Court Judge William C. Marietti cited DNA evidence collected from the Nike shoe as a contributing factor in a strong circumstantial case.

The judge sentenced Muhammad to between 25 and 38 years for armed robbery and a consecutive five years for second-offense felony use of a firearm. The 25-year term was a mandatory minimum sentence due to prior crimes, including carjacking and attempted unarmed robbery in Kent County.

Muhammad has steadfastly maintained his innocence, saying he was in Detroit at the time. He also contends DNA evidence from the lost shoe indicated that a female was the main contributor, ruling him out.

Before he was sentenced, Muhammad read from a lengthy statement in which he said his conviction was a “modern-day lynching’’ and a “fraud.’’

Investigators identified Muhammad as the masked, gloved and hooded gunman who entered the gas station, located at Sherman Boulevard and Henry Street in Norton Shores shortly after 6 a.m. on July 14, 2014. The suspect, armed with a handgun, took cash and cigarettes before fleeing. The store clerk fired at the fleeing suspect.

Police recovered an untied left shoe that flew off the robber’s foot as he ran from the scene.

Muhammad, 41, is being held at the St. Louis Correctional Facility in Gratiot County. He has to serve another 28 years before he can be considered for release.

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