Detroit man arraigned in shooting of federal judge

Katrease Stafford | Detroit Free Press

A 23-year-old Detroit man has been charged with the shooting of U.S. District Judge Terrence Berg outside his Detroit home last March. Police say they believe the man, Kevin Andre Smith, was also involved in a string of at least 13 robberies in the University District area and other Detroit neighborhoods in a 5-month span.

Smith was arraigned today on several charges in connection with the shooting, officials announced at a news conference this morning. He is being held on a $500,000 cash or surety bond.

Smith was indicted by a one-man grand jury last week on charges of armed robbery, conspiracy to commit armed robbery, assault with intent to murder, using a firearm to commit a felony and being a felon in possession of a gun.

Berg, 56, a lifelong runner, had a bullet rip through his right leg when he confronted assailants on his front porch March 5 in the city’s University District about 9:10 p.m., moments after retrieving his garbage cans from the street.

The Wayne County Prosecutor's Office alleges that Smith walked onto the front porch behind the judge and told him that he had a gun. Smith then stated that he and the other man wanted to enter the judge's home. When Berg refused, the prosecutor's office alleges that Smith pulled out a large semiautomatic handgun and shot him once in his right leg. Smith and another man then fled the scene without taking any property.

Prosecutor Kym Worthy said the second suspect's name will not be released at this time. Worthy said the unnamed man is a cooperating witness with an "agreement for special consideration." Worthy said the man has resolved two outstanding armed robbery cases and a sentencing hearing is pending.

In March, Detroit Police, the Wayne County Prosecutor's Office Special Investigations Unit and the FBI's Violent Crime Task Force conducted an investigation into numerous robberies that occurred in the University District and other nearby areas of Detroit that led to Smith's indictment in Berg's shooting, Worthy said. Worthy said the robberies happened between January 2015 and May 2015.

"The investigation ensued and led to a direct investigation of a series of armed robberies and home invasions that have been occurring in the University District and neighboring Detroit neighborhoods," Worthy said at the press conference. "Thirteen cases were linked in a crime pattern, mainly targeting senior citizens who were assaulted or robbed in their homes."

Three other men -- Timothy Russell, Dondiego Adams and the unnamed defendant in Judge Berg's case -- have been charged in three of those cases. According to Worthy, Russell and the unnamed defendant were involved in a home invasion on Washburn Street in Detroit on April 1 of this year. Russell and the unnamed defendant were charged with two counts of armed robbery, first degree home invasion, and felony firearm. Russell was also charged with felon in possession.

Russell pleaded guilty to armed robbery and felony firearm on Nov. 15 and was sentenced to 13 to 30 years in prison on Dec. 8 and two years consecutively for felony firearm. The unnamed defendant's sentence is pending in this case.

Smith, Russell and the unnamed defendant were also part of another armed robbery on West Hildale Street in Detroit on April 15 of this year. All three were charged with two counts of armed robbery, first degree home invasion and felony firearm. Smith and Russell were charged with felon in possession.

Smith pleaded guilty to armed robbery and felony firearm on Nov. 17 and was sentenced to 13-30 years in prison for armed robbery and two years consecutively for felony firearm. The other charges against him were dismissed. The case against Russell was dismissed under a plea deal, Worthy said.

Russell and Dondiego Adams were charged in another armed robbery that happened May 11 on Faust Street in Detroit, Worthy said. Adams was charged with armed robbery, first-degree home invasion and felony firearm. He has not been sentenced yet. Russell was also charged with armed robbery, first-degree home invasion, felon in possession and felony firearm. Under a plea deal, he was sentenced to 13 to 30 years in prison for armed robbery and he also received a 2-year sentence for felony firearm. His sentence in this case will run concurrently with his other sentences, Worthy said.

Detroit Police Chief James Craig said that while the city has seen a 21 percent reduction in robbery, Berg's attack and the strong of armed robberies is indicative of more work that needs to be done.

"When you look at these violent predatory suspects that in the span of four short months committed 13 armed robberies, that’s a problem," Craig said.

FBI Detroit Division Special Agent in Charge David Gelios said the agencies will continue to work together to target more crime.

"The attack on Judge Berg really proved that violence is non-discriminating in this area," Gelios said.

Despite the shooting, Berg has maintained a steadfast faith in Detroit. Berg told the Free Press earlier this year that he believed "violence does not define Detroit."

"These acts of violence happen way too often and they happen to many other people, but they don't really represent the kind of community that we've experienced here," Berg told the Free Press. "The experience here has been so positive and loving. You can't take one incident and then try to think that kind of negative thing represents the city."

Contact Katrease Stafford: kstafford@freepress.com or 313-223-4759.