LANSING — A jury began deliberating on Tuesday, Aug. 18 in the trial of a man charged with manslaughter in connection with the death of another early last year in downtown East Lansing.
David Elliott Gaines Jr. punched Caleb Shermoe once in the face during an altercation outside Raising Cane’s, knocking him unconscious and causing him to fall over backward and hit his head on the pavement. Shermoe later died from blunt-force trauma.
Ingham County Prosecutor John Dewane asked jurors to convict Gaines of involuntary manslaughter, saying there was no question he deliberately punched the 21-year-old Fowlerville man, causing the fatal injuries.
Gaines could have walked away but “chose to take advantage of a highly intoxicated individual,” Dewane said during closing arguments.
But defense attorney Dustyn Coontz argued Gaines acted in defense of himself or others. The attorney also contended staff at University of Michigan Health – Sparrow Lansing didn’t properly assess the severity of Shermoe’s injuries and helped cause his death.
“In this case, the hard thing for you all to do is the right thing to do,” said Coontz, referring to an acquital.
The medical care issue was a focus earlier on Tuesday, when expert witnesses gave opposing testimony.
Dr. Gayle Galen, an emergency room doctor at a hospital system in Ohio, testified for the defense, saying Shermoe should have undergone a CT scan within 30 minutes of arriving but didn’t get one until more than four hours later. Shermoe would not have died had staff had properly “taken care of him in a timely way,” she said.
But a prosecution expert, Dr. Robert Sherwin, an emergency phsyician in Detroit and a professor of emergency medicine at Wayne State University, said staff in Lansing properly treated and monitored Shermoe. Sherwin said Shermoe did not meet the criteria for someone at high risk of epidural hematoma.
Hospitals cannot reasonably CT every patient who comes in with a concussion, and it’s less than certain Shermoe would have survived even if he had been scanned much sooner, Sherwin testified.
John Foren, a spokesperson for the UM Health-Sparrow network, said the hospital couldn’t comment on a pending legal matter.
The Jan. 18, 2025, altercation at Raising Cane’s on East Grand River Avenue in downtown East Lansing happened among a group of people who were standing outside, waiting to get seated.
Words were exchanged after an intoxicated Shermoe tried to cut the line to join friends who were already inside. He made it inside, but a security guard escorted him back out, and the argument resumed.
Video clips of the incident were played in court. Gaines lunged toward Shermoe and punched him in the face. Shermoe was knocked unconsious and fell backward, hitting his head on the pavement.
Shermoe eventually came to and was able to stand up and walk to an ambulance before ending up in a medically induced coma hours later.
The jury deliberated for about 90 minutes on Tuesday before being sent home for the night. Jurors were expected to return on Wednesday morning to continue their discussions.
Contact Ken Palmer at kpalmer@lsj.com. Follow him on X @KBPalm_lsj
This article originally appeared on Lansing State Journal: Jurors deliberating manslaughter charge in East Lansing fatal fight
Reporting by Ken Palmer, Lansing State Journal / Lansing State Journal
USA TODAY Network via Reuters Connect
By Ken Palmer, Lansing State Journal | USA TODAY Network
