White Boy Rick to be resentenced; prosecutors appeal

Richard Wershe Jr.— known as White Boy Rick — wore European suits and had a full head of hair when he gained notoriety as a teenage drug dealer in the 1980s.

In a Detroit courtroom today, the now bald 46-year-old had on green jail garb when he learned he will be resentenced for a drug crime committed at age 17, which could lead to his freedom.

Wayne County Circuit Judge Dana Hathaway issued the ruling and said her decision was based on case law related to juveniles and the evolution of penalties for drug crimes.

Wershe was quiet and stoic during the 5-minute hearing in the Frank Murphy Hall of Justice attended by friends and family, including his mother and 27-year-old son. About a dozen reporters and several photographers also gathered in the courtroom.

Wershe was convicted of possession with intent to deliver more than 650 grams of cocaine in 1988 and has spent the last 27 years in prison. Authorities said Wershe had eight kilos of high-grade powered cocaine worth about $5 million.

A judge sentenced Wershe, who was 18 at the time, to life in prison without parole. He is now serving life with the possibility of parole because of changes in the drug law.

“The court is not ruling that a parolable life sentence for this crime is unconstitutional,” Hathaway said. “It’s simply saying that he’s entitled to be resentenced with consideration given to his youth and the circumstances surrounding the crime.”

Resentencing is set for Sept. 18 at 9 a.m. But that could change if a higher court sides with prosecutors, who maintain the defense hasn’t provided a sufficient basis to invalidate the sentence.

Wayne County Assistant Prosecutor Timothy Baughman said during the hearing that an appeal will be filed and asked Hathaway to stop further proceedings until the appeal is resolved. She denied his request.

After the hearing, prosecutors asked the Michigan Court of Appeals to grant an emergency motion halting the resentencing to give the higher court a chance to weigh in and argued in a court document that the judge's order for resentence "is without authority, and thus inconsistent with the rule of law."

Prosecutors said Wershe's sentence —life with the possibility of parole— is constitutional.

"The action of the circuit court here is the wrong relief, in the wrong forum, for the wrong reasons," the emergency application for leave to appeal said. "It should be promptly reversed."

Hathaway’s 18-page order and opinion obtained by the Free Press gave insight into her ruling. It said Wershe's current sentence was imposed without any consideration for how old he was when he committed the crime.

Wershe “has been punished more severely than he could have been for first-degree murder, rape, kidnapping, armed robbery or other exceptionally grave and violent crimes,” the document said.

It went on to say when he was sentenced, Michigan had more severe punishments for drug offenses than 48 other states.

"If the defendant were to be resentenced today for the crime he committed in 1987, his potential guidelines in this case are as low as 42-70 months," it said. "It is highly unlikely the defendant would have received a life sentence if 'any number of years' was an option."

After the hearing, Wershe’s mother, Darlene McCormick, said she was “very happy” with Hathaway’s decision.

“He needs to be out,” McCormick said. “He’s done his time.”

Wershe’s son, Richard Williams, also spoke outside the courtroom and said he was “overwhelmed.”

"We all have to play by the rules, he has to play by the rules," Williams said. "But, I'm just hoping that the rules can be fair for once."

Wershe's attorney, Ralph Musilli, said he anticipated the ruling going the way it did and said his client could be free as early as Sept. 18.

He has argued in a court filing that Wershe's sentence is unconstitutional under prohibition against cruel and unusual punishment and has asked for time served or a shorter sentence.

Musilli said in a court document the government used Wershe to infiltrate the drug trade in Detroit and said at 14, he was "recruited and introduced to the world of illegal drugs by the policing agencies of the government."

In prison, Wershe cooperated with FBI agents in other criminal investigations with the hope of gaining parole, which has not happened.

He was not granted parole in 2003, 2007, or 2012, said Chris Gautz, spokesman for the Michigan Department of Corrections. His next chance to be paroled is 2017.

While behind bars in a federal prison in Florida, Wershe was accused of helping to run a multimillion-dollar stolen car scheme.

He pleaded guilty to two felonies, including racketeering, in 2006, Gautz said.

"There is still an active detainer out of Florida for him," he said.

Wershe's attorney said his client helped the feds infiltrate a drug ring and ended up in Florida in the federal witness protection program. If he is released from prison in Michigan, Wershe may still have to serve time in Florida.

The drug dealer’s sentence has divided people over the years.

In 2003, Kid Rock, who knows Wershe from their teenage years, and some FBI agents urged for his release but some agents for the Drug Enforcement Administration, police and prosecutors urged that he stay locked up.

Contact Elisha Anderson: eanderson@freepress.com or 313-222-5144. Follow on Twitter @elishaanderson