Judge, defense attorney spar over sentence
A man convicted of manslaughter in a Mount Clemens crash that killed a woman received a higher sentence for his probation violations for prior crimes than for the manslaughter charge.
Vertese Woods, 32, or Roseville, was sentenced to 12 to 22-½ years for probation violations for two prior home invasions after he was ordered to serve 10 to 15 years by Macomb County Circuit Judge Matthew Sabaugh for the crash nearly two years ago that killed Linda Jozefiak, 58, of Harrison Township.
Sabaugh’s indication he was exceeding the sentencing guideline-rage for Woods’ probation violations created a contentious exchange between the judge and Woods’ attorney, Noel Erinjeri.
He objected to the sentencing and accused Sabaugh of executing “an end-around” with the longer probation-violation sentence because a jury acquitted Woods of second-degree murder, which likely would have resulted in a much longer prison term.
Erinjeri argued the sentence violated his client’s U.S. Constitutional right against double jeopardy and cruel and unusual punishment, and was denied his request to adjourn the probation-violation sentencing so he could research the matter and file a legal brief.
“That is a vindictive sentence,” Erinjeri said, noting prosecutors turned down Woods’ offer to plead guilty to a life offense to avoid a trial. “They (prosecutors) want him to die in prison.”
Sabaugh retorted: “He needs to be punished. That is the job of the court.”
Assistant Macomb Prosecutor Jeff Hall told the judge, “You have an absolute right to go to the statutory max” on the probation-violation sentence.
After Sabaugh handed down the probation-violation sentence, Erinjeri told Sabaugh he believed his sentence was “absurd,” to which Sabaugh told Erinjeri was an “inappropriate” remark and met with him afterward in his chambers.
For the manslaughter sentence, Hall told Sabaugh he should sentence Woods to the maximum, saying prosecutors “don’t agree with the jury’s findings” and are “stuck”
with the verdict, and that Woods is a “danger to the public.”
Erinjeri also objected to Hall’s description of being “stuck” with the verdict, to which Sabaugh disagreed and said it was appropriate.
Woods will be initially eligible for parole in about 9-½ years due to the nearly 1,000 days of credit for time he served on this case and his prior ones.
Woods’ prior convictions for which he was on probation include a September 2021 conviction by plea for receiving and concealing an automobile, attempted home invasion, resisting arrest, illegal entry, possession of analogues and driving with a suspended license for a March 2021 incident in Warren. He was sentenced a week before the crash that killed Jozefiak by then-judge Carl Marlinga to time served, 8-½ months in jail, and three years probation, with the first two years in Mental Health Court.
In May 2020, he pleaded guilty to second-degree home invasion for an April 2019 incident in Roseville and received a deferred sentence in August 2020 in which the conviction would be erased if he complied with conditions. However, he failed to comply due to other alleged activity. The deferment was revoked and he received the identical sentence as the prior case.
He pleaded no contest to second-degree home invasion for an
Oct. 31, 2017 incident in Roseville.
Woods’ most recent crimes occurred Dec. 20, 221, when he was fleeing police in a stolen pickup truck and crashed at a high rate of speed into the Ford Fusion driven by Jozefiak at Cass Avenue and North Rose Street in Mount Clemens. Woods had driven the stolen truck to his first Mental Health Court session that day. When Sheriff’s deputies tried to apprehend him in downtown Mount Clemens, he fled in the truck, running over a parking meter and nearly striking pedestrians.
Woods was acquitted of second-degree murder at his trial but convicted of the other charges including manslaughter, driving with a suspended license causing death, receiving and concealing a stolen motor vehicle, assault with a dangerous weapon, first-degree fleeing and eluding, leaving the scene of a serious injury or fatal crash, moving violation causing death, malicious destruction of property and larceny less than $200.
At the sentencing for that incident, Sabaugh admonished Woods, noting the courts gave him mulitple chances to reform and that he was given a “gift” and a “golden opportunity” by the courts.
Instead, Woods caused the death of Jozefiak, the mother of two adult children and a “remarkable person,” Sabaugh said.
“You took her in a way that there is no reason for it,” Sabaugh told Woods. “The part that really troubles the court about this case is that the court system gave you a second chance. It was beyond a second chance because you had how many felonies? Eight felonies before you committed this horrific act. And all of this to help you, to be kind to you, to help you overcome your mental health issues. And what do you do in return? You steal a truck when you could’ve taken the bus to go to your first Mental Health Court meeting.
“You didn’t want to get caught. … You take off like a bat out of hell and three minutes later she is dead, gone, in a horrible way.”
Woods apoligized in his statement.
Earlier in the hearing, Jozefiak’s two children, Jake and Nicole Jozefiak, both of whom reside out of state, appeared in front of the judge. Jake gave a statement describing his mother as selfless. She made her family her first priority, her community her second priority and herself her third priority, he stated.
“The sense of community service was a trait she always emphasized in her life,” he said. “She was constantly involved in Boy Scouts, Girl Scouts, PTA, the church, band, volunteering at the dentist office.”
In the days and hours before she was killed, she was preparing for the holidays and wrapped gifts for the Harrison Township Fire Department’s annual toy drive.
On that day, she visited the gym at Groesbeck Highway and Cass Avenue and told a friend “how excited she was” that her two children were coming in for Christmas, Jozefiak said.
“Unfortunately, that was a Christmas she was never able to attend,” he said. “Instead, my sister and I came home and we had to pack up the Christmas tree that we had just decorated at Thanksgiving.”
Jozefiak drew the contrasts between his mother and Woods, whom he called “a serial criminal who thought first for himself, second for himself and third for himself.”
Some 30 friends and relatives of Jozefiak attended the sentencing. Several letters written by supporters were submitted to the judge as well.