Prosecutors: Officer knew about killing, lied to police

A Detroit police officer knew about a plan to kill a 33-year-old man but did nothing to stop it, according to accusations made public in court today.

Prosecutors contend Elijah Lately, 25, had knowledge that Brandon Rice, a witness in a case, was going to be murdered and allege Lately lied to police investigating the homicide about what he knew.

Rice was fatally shot the morning of April 23 in the 300 block of Elmhurst in Highland Park.

Lately — who has been an officer for four years and lived on that street, according to a court document -- was indicted by a one-man grand jury and faces two counts of lying to a police officer during a violent crime investigation. The charge carries a maximum penalty of four years in prison.

He has been suspended from his job without pay, police said.

“These are allegations,” Lately’s attorney, Gerald Evelyn, said during the hearing in Wayne County Circuit Court. “They’re serious but they are allegations nonetheless and he contests them significantly.”

Assistant Wayne County Prosecutor Robert Moran told the court that evidence will show Lately “not only had knowledge of a murder that was going to take place, but he actively undermined the investigation.”

Moran said Lately lied to police about his contact with the suspects in Rice’s homicide and told them to “lay low, not have any contact with him.”

He called Lately of Highland Park a threat to public safety and asked for a high bond.

Wayne County Circuit Court Judge Timothy Kenny set bond for Lately, who has no prior criminal history, at $400,000 cash or surety. He also entered a not guilty plea for Lately, who appeared in court via a video connection.

If he makes bond, there will be a GPS tether and Lately will only be able to leave his home to go to court and to meet with his attorney.

“The allegation that a police officer would sit on knowledge regarding a homicide and allegedly alert others, who are involved in a conspiracy to kill a witness, to lay low is shocking quite frankly,” Kenny said.

Lately was identified as a potential witness in Rice’s case and police interviewed him twice, the day after the homicide and again on July 20, prosecutors said.

“The allegations against the officer in this case are deeply disturbing,” Wayne County Prosecutor Kym Worthy said in a statement.

Lately’s family was in court today and defended him after the hearing.

His mother, Marlene Johnson, says she believes her son is innocent and said the family has cooperated with investigators.

Lately’s aunt, Sebrina Johnson, said he has been blindsided by the investigation and said Lately loved his job.

“He was committed to being an officer," she said.

Detroit Police Chief James Craig said the investigation involved both the department’s homicide task force and integrity unit, which is part of the Internal Affairs Section.

“When faced with criminal allegations of misconduct by members of our department, we will never hesitate to initiate those investigations and, if necessary, we will arrest and seek charges for any violation of the law,” Craig said today.

He declined to discuss details of the investigation, but called the allegations against Lately “troubling.”

Prior to Lately’s appearance in court, Dmarco Hoskins, also of Highland Park, appeared in court on charges of first-degree murder in Rice’s death, conspiracy to commit murder and witness intimidation.

Assistant Wayne County Prosecutor Anna Posigian said Rice’s homicide was the final act in a long series of events.

Three of Rice’s family members were shot in 2013 and Hoskins was indicted in the nonfatal shootings, she said.

Then on March 31, Rice was shot and Hoskins was indicted on assault with intent to murder in the case.

Both of those cases are scheduled for trial next month, court records show.

Few details were released about Rice's slaying on April 23. Posigian said Hoskins “concocted a plan to have somebody else kill Brandon Rice.”

The purpose, she said, was twofold: to settle the ongoing dispute between them and to prevent him from testifying against Hoskins in trial.

Hoskins was denied bond and a not guilty plea was entered in the murder case against him today.

Both defendants' indictments were unsealed today.

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