No death penalty in fatal stabbing
Federal prosecutors file notice in case involving homicide of Native American woman on reservation
A Shepherd woman accused in the November stabbing death of a Mt. Pleasant woman will not face the death penalty, federal prosecutors said in a court filing.
Prosecutors on March 2 filed a “notice to not seek the death penalty” against Kaden Elizabeth Gilbert, the 20-yearold accused in a double-stabbing that killed 21-year-old Nangonhs
Massey at a Mt. Pleasant apartment.
“The government will not seek a penalty of death in this case as to Kaden Elizabeth Gilbert,” the document filed in the Eastern District Court of Michigan in Bay City said.
In another recent filing, prosecutors sought and obtained a court order preventing distribution of any personal medical information regarding Massey or the still-unnamed 22-yearold man injured in the attacks.
“The government requests an order that counsel for the defendant shall not allow their client, or any other potential witness, to copy or retain any documents that contain personal identifiable information and/or medical records provided by the government in discovery,” the request said.
Gilbert is accused of murder, two counts of assault with a dangerous weapon, and two counts of
felonious assault.
Gilbert is held in federal custody under an agreement between her attorneys and federal prosecutors, but has not been officially indicted on the charges.
In December, her defense attorney withdrew a request for a psychological evaluation and a federal magistrate added a second attorney because she could have faced the death penalty.
A federal magistrate ordered appointment of “learned counsel,” a second attorney with expertise in death penalty cases.
It is not clear if that attorney will continue on the case now that the death penalty is off the table.
Earlier, lead attorney Bryan Sherer sought an evaluation to see if Gilbert is fit to stand trial but later withdrawn the request.
Sherer told the court that extensive travel and isolation within the federal prison system could cause harm to Gilbert. Federal Assistant Attorney Roy Kranz opposed skipping the examination and said defense concerns can be addressed by bringing experts to the Isabella County Jail to examine Gilbert, but the court allowed the withdrawal.
Both defense and prosecutors have cited Gilbert’s extensive mental health history, which goes back to childhood and has included recent self-harm and hallucinations while in jail.
Gilbert has been jailed since Nov. 16 when police say she stabbed Massey in the thigh with a folding pocket knife, severing her femoral artery.
Eyewitnesses told police that Gilbert came to the Oak Street Village Apartments about 2:30 a.m. that day and stabbed both Massey and the 22-yearold man with a knife she had concealed in the sleeve of a sweater.
Gilbert is facing federal charges because both of her victims were Native American and the attacks happened within the Isabella Indian Reservation.