Judge refuses to accept plea in fatal ‘sucker punch’ case
Victim’s sister: Decision gives family hope for justice
A court hearing for a man accused of fatally “sucker” punching a patron at a St. Clair Shores bar took an unexpected turn Tuesday when a Macomb County judge refused to accept the defendant’s plea.
Hatum Akrawi, 33, of Fraser, was scheduled to plead guilty in Macomb County Circuit Court to one count of manslaughter for the death of Shawn Kubic that took place at Kapones Sports Tavern.
But after Akrawi waived his arraignment Tuesday, Circuit Judge Carl Marlinga surprised onlookers as he declined to recognize a guilty plea to a lesser charge of manslaughter. The judge would not accept the plea and instead,
took the case under advisement for three weeks, according to court records.
Marlinga’s action elated Kubic’s family, who were accompanied to the Mount Clemens courthouse by a group of supporters there to protest a previous judge’s ruling to reduce the criminal charges.
“Thank God for Judge Carl Marlinga’s decision to postpone this and take it under advisement,” said Kathleen Zelmanski, Kubic’s mother, as she stood in front of the circuit court building.
Marlinga wants to review the case file to learn more about the circumstances before he decides whether or not to accept the plea and move to sentencing the defendant, Kubic familymembers said.
Joe Arnone, Akrawi’s St. Clair Shores-based defense attorney, watched the proceedings with his client via Zoom teleconference. He could not be reached for comment after the hearing.
According to police and prosecutors, Kubic was sitting at the bar at Kapone’s last Dec. 22 when he was “sucker punched,” or struck while he wasn’t looking, by Akrawi.
Kubic, a 47-year-old father from St. Clair Shores, couldn’t defend himself. He fell backward to the floor and lay motionless until help arrived. He died five days later in a hospital.
Judge Mark Fratarcangeli of 40th District Court in St. Clair Shores dismissed a second- degree murder charge in September, but maintained a manslaughter charge.
The judge’s ruling followed a preliminary exam at which a medical examiner and an eyewitness testified. The pathologist testified the injury did not result fromthe impact of the punch.
Macomb prosecutors argued in favor of second-degree murder, but the judge advanced the case to Macomb County Circuit Court for resolution.
Second-degreemurder is punishable by up to life in prison, while mans laughter carries a maximum penalty of 15 years in prison
Zelmanski, the victim’s mother, said the family was offended by the district judge’s decision. They felt there was clear proof the attack was premediated, a factor that otherwise would warrant a second-degree murder charge.
“It definitely was a setup,” said Kelly Ingels, the victim’s sister. “(Sean) had an argument with another individual at the table. Hatum sucker punched him for no reason. There was no argument, no physical altercation. He was not provoked whatsoever.”
Kubic, a Lake Shore High School graduate, was a member of two adult hockey leagues whose life centered on his daughter, Kylee. He would have started a new job in robotics the following week at Fiat Chrysler, his family said.
Kubic’s sister said the family is grateful the judge has at least given them some hope that they will find justice for Kubic.
“He was the funniest guy you could ever meet,” Ingels said. “A fun-loving guywho was great with his niece and nephews, an all-around wonderful person you can’t get enough of. We all miss him every single day. Every day.”
Her mother agreed.
“He was a strapping, wonderful, handsome man, a hockey player, a wonderful son, a wonderful father. He was taken off the face of the earth for no apparent reason,” Zelmanski said.
Johnny Zan Ritten berry of Warren, who allegedly threw a drink on Kubic while he was on the ground, was charged with assault and battery. His case is pending.
Akrawi remains free on bond. The judge set a continuation of his plea hearing at 10:15 a.m. Oct. 28.