MONROE -- The Toledo man whose convictions in Monroe County Circuit Court for home invasion and felonious assault were thrown out by the Michigan Supreme Court will remain locked up unless his family can post bail.
Judge Joseph Costello, Jr., Wednesday set bond at $250,000 for Charles Fackelman and rejected a motion from assistant Wayne County prosecutor Kenneth Simon to hold him without bond until he goes on trial again.
Mr. Fackelman, 51, was found guilty in January, 2008, of pulling a loaded handgun on the Lambertville man he believed was responsible for the road-rage accident that resulted in the death of his son, Charlie, 17.
The Supreme Court, in a 5-2 decision, found that repeated references to a psychological diagnosis that was never entered into evidence at Mr. Fackelman's trial violated his right to confront witnesses who testified against him. The decision returned the case to circuit court.
Found guilty by a jury of home invasion, gun possession, and two counts of felonious assault, Mr. Fackelman has served nearly 3 1/2 years of a 5 3/4 to 20-year sentence in a Jackson, Mich., minimum-security prison.
His attorney, John Minock, sought a $25,000 bond during Wednesday's hearing.
He told Judge Costello that his client poses no threat to the community and is a completely changed person from the time of the incident. "Mr. Fackelman has no criminal history. He has a spotless institutional record," Mr. Minock said. "Other than this [incident], he has been a responsible man all of his life."
Judge Costello, however, ordered the higher bond, in part, because of the impact the incident had on Randy Krell and his neighbor, Tom Williams.
According to trial testimony, Mr. Fackelman pulled a loaded handgun on Mr. Krell and chased him to Mr. Williams' home, where he knocked down the door and pointed the gun at the men.
At his trial, Mr. Fackelman claimed that he couldn't remember the attack on Mr. Krell.
His attorney asked the jury to find him not guilty by reason of insanity.
Mr. Fackelman, who was shackled and wearing a black-and-white jail uniform, did not speak during the hearing. As he was leaving the courtroom, he told his wife and family: "You win some. You lose some."
The younger Fackelman was killed June 15, 2006, and another teenager was paralyzed in a road rage accident in Whiteford Township.
The chase began after a teen in the car threw a water bottle at Mr. Krell's car. Mr. Krell was later convicted of negligent homicide, a misdemeanor, and sentenced to six months in jail.
Mr. Simon told the judge that he intends to appeal the state Supreme Court's decision to the U.S. Supreme Court.
After the hearing, Mr. Minock said he was hoping that Judge Costello would impose a lower bond.
"The amount is high given the offense and given that there were no injuries," he said.
Contact Mark Reiter at: firstname.lastname@example.org or 419-724-6199.
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