Leader Publications

Andrew Joseph-David Novotny

By JOHN EBY
Dowagiac Daily News

CASSOPOLIS – Two unemployed Dowagiac men were arraigned by Fourth District Judge Stacey Rentfrow Tuesday afternoon on a total of 18 charges by video from Cass County Jail.

Steven D. Graham, 22 (born Feb. 14, 1987), of 24935 Marcellus Highway, and Andrew Joseph-David Novotny, 24 (born May 16, 1985), of 56641 Glenwood Road, are accused in the death Monday night on Morton Street in Wayne Township of Parick O’Riley Carter Jr., 26 (born June 5, 1983), of Dowagiac.

What Prosecutor Victor Fitz characterized as “extended gunplay” fueled by alcohol apparently turned tragic accidentally.

Fitz said Carter was shot once in the head.

Exact cause of death is undetermined until results of the autopsy conducted at Spectrum Health in Grand Rapids are completed, according to Capt. Lyndon Parrish of the Cass County Sheriff’s Office.

Persons with information regarding this crime are urged to contact Sheriff Joseph Underwood’s office at (269) 445-1560.

Fitz charged Graham with I. Homicide-open murder,  II. Obstruction of Justice, III. and  IV. Carrying Concealed Weapon, V. Discharge firearm in or at a building, VI.  and VII. Felony Firearm and VIII. Possession of a loaded firearm in a vehicle as a result of an incident which occurred at approximately 9:30 p.m. on or about Oct. 19, 2009, at 24433 Morton St., Wayne Township.

Fitz has also charged Novotny with I. Obstruction of Justice, II. Accessory after the fact to a felony, III. Possession of a firearm by a felon, IV. Carrying Concealed Weapon, V. Discharge firearm in or at a building, VI Possession of a loaded firearm in or upon a vehicle, VII, VIII, IX, X Felony Firearm as a result of an incident which occurred on or about Oct. 19, 2009, at 24433 Morton St., Wayne Township.

The defendants were arrested Monday shortly after 9:30 p.m. by the Cass Sheriff’s Office in cooperation with the Cass County Major Case Team.
Fitz reported events leading up to the fatal shooting of Patrick O’Riley Carter Jr. included extended gunplay by Graham, Novotny and others at 24433 Morton St.  Alcohol was also a factor.

At the 3:30 p.m. arraignment, Rentfrow denied bond for Graham, who indicated he intends to hire an attorney. Graham said he has lived on Marcellus Highway “off and on,” returning nine months ago to help out his father. He last worked steadily last winter and supports himself by working on cars at his house.

Fitz, who opposed bond, described Graham as a dangerous flight risk with a previous conviction for operating while intoxicating, which demonstrated a disregard for the law.

Fitz said when a gun discharged, Graham did not seek help for the victim or contact police, but set about concealing evidence as Carter lay dying on the floor.

Novotny, who followed Graham to the screen,  saw his bond set at $500,000 cash/surety by Rentfrow.

Novotny told the court he has lived on Glenwood for five years and has not worked for three years.

His attorney said he is supported by his parents because of chronic back pain for which he is seeking disability status.

Novotny has always appeared in court as required and will continue when summoned.
He is not a flight risk, his attorney argued.

Novotny’s attorney said Carter’s death was obviously serious, but a tragic accident – not deliberate.

Fitz reiterated his argument against Graham, that Novotny “exhibited no true concern” for the victim with his actions that followed.

Preliminary examination for Graham and Novotony are set for Oct. 29 at 1:30 p.m. before Rentfrow.

Novotony is also scheduled to be sentenced on Friday, Oct. 23, by Cass Circuit Court Judge Michael Dodge for his Sept. 14, 2009, guilty pleas to manufacture of marijuana (a four-year felony), maintaining a drug house (a two-year misdemeanor) and possession of marijuana (a one-year misdemeanor).

Steven Graham charges

Count 1: Homicide – Open Murder – Statutory Short Form
did murder Patrick O’Riley Carter Jr.; contrary to MCL 750.316.  [750.316-C]
Felony: Life; DNA to be taken upon arrest.

Count 2: Obstruction Of Justice
did commit the crime of obstruction of justice by arranging for the removal of firearms from the scene of multiple felony offenses including open murder and discharge of firearms in a building; instructing witnesses to tell police falsehoods about the crime; preparing to flee the jurisdiction to avoid the police investigation and arrest; contrary to MCL 750.505.  [750.505-A]
Felony:  5 Years and/or $10,000.00

Count 3: Weapons – Carrying Concealed
did carry a dangerous weapon, to wit: a pistol, whether concealed or otherwise in a vehicle operated or occupied by said defendant, to wit: a Ford Pickup Truck; contrary to MCL 750.227.  [750.227]
Felony: 5 Years or $2,500.00; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 4: Weapons – Carrying Concealed
did carry a dangerous weapon, to wit: a pistol, whether concealed or otherwise in a vehicle operated or occupied by said defendant, to wit: a Chevrolet Pickup Truck; contrary to MCL 750.227.  [750.227]
Felony: 5 Years or $2,500.00; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 5: Weapons – Firearms – Discharge In Or At A Building
did intentionally discharge a firearm in a facility that he or she knew or had reason to believe was an occupied structure in reckless disregard for the safety of another; contrary to MCL 750.234b.  [750.234B]
Felony: 4 Years and/or $2,000.00; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 6: Weapons – Felony Firearm
did carry or have in his/her possession a firearm, to-wit: a long gun, at the time he/she committed or attempted to commit a felony, to-wit: Open Murder; contrary to MCL 750.227b.  [750.227B-A]
Felony: 2 Years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 7: Weapons – Felony Firearm
did carry or have in his/her possession a firearm, to-wit: a pistol, at the time he/she committed or attempted to commit a felony, to-wit: Weapons Discharged In Or At A Building; contrary to MCL 750.227b.  [750.227B-A]
Felony: 2 Years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 8: Weapons – Firearms – Possession Of A Loaded Firearm In Or Upon A Vehicle
did transport and/or possess in or upon a motor vehicle a certain firearm which was not a pistol or revolver, to-wit: two long guns, while said firearms were loaded; contrary to MCL 750.227c.  [750.227C]
High Court Misdemeanor: 2 Years and/or $2,500.00; Mandatory forfeiture of weapon or device [See MCL 750.239]

Andrew Joseph-David Novotny charges

Count 1: Obstruction Of Justice
did commit the crime of obstruction of justice by assisting in the removal of firearms from the scene of multiple felony offenses including open murder and discharge of a firearm in a building; contrary to MCL 750.505.  [750.505-A]
Felony: 5 Years and/or $10,000.00

Count 2: Accessory After The Fact To A Felony
did commit an indictable offense at common law, to-wit: was an accessory after the fact to a felony in that he/she did, after the commission of a felony, to-wit: Open Murder, feloniously conceal, harbor, maintain, protect, aid, or assist the offender, to-wit: Steven Graham, with the knowledge that the offender had committed the felony and with the intent to aid the offender in avoiding or escaping detection, arrest, trial, and punishment; contrary to MCL 750.505.  [750.505-B].
Felony: 5 Years and/or $10,000.00

Count 3: Weapons – Firearms – Possession By Felon
did possess  a firearm when ineligible to do so because he or she had been convicted of “Delivery/Manufacture Marijuana,” a felony punishable by imprisonment for 4 or more years, and the requirements for regaining eligibility had not been met; contrary to MCL 750.224f.  [750.224F]
Felony: 5 Years and/or $5,000.00; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 4: Weapons – Carrying Concealed
did carry a dangerous weapon, to wit: a pistol, whether concealed or otherwise in a vehicle operated or occupied by said defendant, to wit: a Chevrolet Pickup Truck; contrary to MCL 750.227.  [750.227]
Felony: 5 Years or $2,500.00; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 5: Weapons – Firearms – Discharge In Or At A Building
did intentionally discharge a firearm in a facility that he or she knew or had reason to believe was an occupied structure in reckless disregard for the safety of another; contrary to MCL 750.234b.  [750.234B]
Felony: 4 Years and/or $2,000.00; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 6: Weapons – Firearms – Possession Of A Loaded Firearm In Or Upon A Vehicle
did transport and/or possess in or upon a motor vehicle a certain firearm which was not a pistol or revolver, to-wit: long guns, while said firearm was loaded; contrary to MCL 750.227c.  [750.227C]
High Court Misdemeanor: 2 Years and/or $2,500.00; Mandatory forfeiture of weapon or device [See MCL 750.239]
Count 7: Weapons – Felony Firearm
did carry or have in his/her possession a firearm, to-wit: a pistol, at the time he/she committed or attempted to commit a felony, to-wit: “Discharge In or At A Building”; contrary to MCL 750.227b.  [750.227B-A]
Felony: 2 Years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 8: Weapons – Felony Firearm
did carry or have in his/her possession a firearm, to-wit: a pistol and long guns, at the time he/she committed or attempted to commit a felony, to-wit: “Accessory After The Fact To A Felony”; contrary to MCL 750.227b.  [750.227B-A]
FELONY:  2 Years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 9: Weapons – Felony Firearm
did carry or have in his/her possession a firearm, to-wit: a pistol and long guns, at the time he/she committed or attempted to commit a felony, to-wit: “Obstruction of Justice”; contrary to MCL 750.227b.  [750.227B-A]
Felony: 2 Years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; Mandatory forfeiture of weapon or device [See MCL 750.239]

Count 10: Weapons – Felony Firearm
did carry or have in his/her possession a firearm, to-wit: a pistol and long guns, at the time he/she committed or attempted to commit a felony, to-wit: “Possession of Weapons By A Felon”; contrary to MCL 750.227b.  [750.227B-A]
Felony: 2 Years consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony conviction; Mandatory forfeiture of weapon or device [See MCL 750.239]