Robert Allen

Detroit Free Press

DETROIT — One of four Detroit men who admitted to taking part in April's severe beating of Steven Utash received a sentence below the legal guidelines Thursday despite the prosecutor's objection.

James Deontae Davis, 24, was given a year in jail or work release with five years of probation after an "honest expression of remorse and apologies," said Judge James Callahan of Wayne County Circuit Court. A pre-sentencing report set guidelines from 19 months to more than three years in prison.

Davis and Latrez Cummings, 19, were to be the last two sentenced in the brutal beating that left Utash, 54, in a coma for 10 days in April. Callahan delayed Cummings' sentencing to July 17 as lawyers try to confirm whether he was enrolled in school remotely at the time of the April 2 beating, as he claims.

Utash continues to recover from severe head injuries, suffered when he was knocked off his feet and pummeled after he hit a 10-year-old boy who stepped off a curb in front of his truck. The boy, who has not been identified, was hospitalized briefly after the incident but was expected to make a full recovery, police have said.

Utash's relatives said he has brain damage resulting from the beating that as many as 20 people participated in. He was hospitalized for six weeks and spent part of the time in critical condition.

Two of Utash's family members were in court but didn't speak. They could be seen shaking their heads as the Davis sentencing proceeded.

"I'd be upset if I was them, too," Davis' lawyer, Jason Malkowicz, said afterward. "But I think the judge did what he had to do, and he did the right thing. I think he was fair."

On Monday, the victim's relatives gave highly emotional statements.

Davis named Utash and his family members, as well as the city of Detroit, in his apologies.

"I know the city's already got a bad name, and I know that incident that took place, that I joined in, didn't make the city look any better," he said. "I don't want my whole life to be judged on that one moment."

He said he wants to go to school and get a job.

Assistant Wayne County Prosecutor Lisa Lindsey made clear her objection to the sentence and might appeal.

But Malkowicz said later that because of some dispute to the guidelines, an appeals court could give Davis a sentence of even less time.

The judge acknowledged that he received numerous letters of support from Davis' loved ones, many of whom were in the courtroom.

Callahan also said that he was "embarrassed" that he let Steve Utash's brother, Ken Utash, go as far as he did with his Monday statements. Ken Utash used the F-word, then briefly apologized as he pointed and raised his voice at Wonzey Saffold, another defendant who was sentenced to six to 10 years in prison.

Also Monday, another defendant, Bruce Wimbush Jr., who has no prior criminal history, was given three years of probation under the Holmes Youthful Trainee Act and must submit to drug screenings, the judge said. The 17-year-old, who was charged in juvenile court because he was 16 at the time of the incident, admitted guilt to a similar assault charge.

As part of the plea agreement, a charge of ethnic intimidation was dismissed. Solomon Radner, Wimbush's lawyer, said the teen will go into a residential placement program. The teen is to be back in court Sept. 17 for a review hearing.

All defendants admitted guilt to assault with intent to do great bodily harm less than murder. It carries a maximum prison sentence of 10 years.

The beating created a public swell of support for the Utash family with many donating money to help offset Steve Utash's medical bills. Steve Utash hasn't attended any of the court hearings for the five accused in the beating.

On Monday, his daughter Mandi Emerick read a statement from him.

When Steve Utash finally woke up and saw his head, it "looked like a mushroom," and the brain injuries have made him unable to drive, work "or make financial decisions on my own," Mandi Emerick read. "I don't understand what kind of defense they can use to explain their animal-like behavior."