The Michigan Court of Appeals has affirmed the convictions and prison sentence of a Lenawee County man found guilty after a 2021 crash that killed his passenger.
In an unpublished opinion issued June 17, the COA upheld the jury convictions of William Michael Badger Jr. for operating while intoxicated causing death and reckless driving causing death. The court also affirmed his sentence of 54 months to 15 years in prison, with the terms to be served concurrently.
The case stems from a crash in Lenawee County in which Badger, while driving a neighbor’s convertible, lost control of the vehicle and overturned it, killing passenger David Campbell, 78, of Blissfield.
According to court records, witnesses testified that Badger had consumed alcohol before driving and appeared intoxicated. A hospital blood test showed a blood alcohol content of 0.18, more than twice the legal limit.
The evidence presented at trial also indicated Badger was speeding and failed to stop at a clearly marked stop sign before the crash. According to accident reconstruction data, the vehicle was traveling more than 60 mph shortly before impact.
On appeal, Badger argued prosecutors failed to prove he drove with “willful or wanton disregard” for safety, a required element of reckless driving. The appellate court disagreed, finding the combination of speeding, intoxication and failure to stop supported the jury’s verdict.
“Taken together, these factors certainly would allow a jury to reasonably conclude that (Badger) drove with willful or wanton disregard,” the panel wrote.
Badger also claimed prosecutorial misconduct related to references about his refusal to submit to a police-requested blood test. The court found no reversible error, noting the evidence was properly limited, and the jury was instructed it couldn’t use the refusal as proof of guilt.
The panel also rejected arguments that Badger’s trial attorney was ineffective, that his sentence was disproportionate, and that his case was invalid for lack of a grand jury indictment. The court reiterated that state law allows felony charges to proceed by information, rather than indictment.
In affirming the sentence, the court said the trial judge properly weighed the seriousness of the offense — including the loss of life — against the defendant’s background and history.
— Contact reporter Corey Murray at cmurray@lenconnect.com or follow him on X, formerly Twitter, at @cmurrayhdn.
This article originally appeared on The Daily Telegram: MI Court of Appeals affirms fatal drunk driving conviction in Lenawee
Reporting by Corey J. Murray, The Daily Telegram / The Daily Telegram
USA TODAY Network via Reuters Connect
By Corey J. Murray, The Daily Telegram | USA TODAY Network
