Posted: Aug. 7, 2010
Crying forces judge to halt trial
Suspect in shooting is facing jail time
BY L.L. BRASIER
FREE PRESS STAFF WRITER
A judge had to call a brief recess mid-trial Friday after the defendant, charged with shooting a man in the elbow during a road rage episode, began to cry inconsolably.
Carl Mintz, 27, of Farmington Hills is charged with assault with intent to do great bodily harm in the shooting of Faith Said, 20, of Commerce Township during an April 12 confrontation on Orchard Lake and 13 Mile roads.
Mintz says the shooting was in self-defense.
As defense attorney Mitchell Ribitwer described in his opening statement to the 10 women and four men on the jury how Said stormed to Mintz's car, screaming and spitting on him, Mintz put his head down and began to sob.
Oakland County Circuit Judge Leo Bowman sent the jurors out of the courtroom and Mintz continued to cry, his shoulders shaking. He continued to cry after jurors were brought back in.
Prosecutors contend Mintz shot Said in a moment of fury after Said confronted him for repeatedly hitting the brakes on his car, forcing Said, in the car behind him, to also slam on his.
"Armed and angry is a bad combination," Assistant Prosecutor Ricardo Polanco said of Mintz. "And he was armed. And he was angry."
But Ribitwer said that Mintz, who had a license to carry a handgun, was frightened for his life as Said screamed and threatened him outside his driver's side window. Ribitwer said when Said turned and appeared to be reaching for his pocket, Mintz thought he was going for a weapon.
"Said was out of control, which led Mr. Mintz to believe he was a serious threat," Ribitwer said.
Said was shot in the elbow. He was treated at a nearby hospital and released. He is expected to testify at trial, which resumes next week.
Mintz, who has no prior criminal record and has a degree in criminal justice from Wayne State University, faces up to 10 years in prison if convicted. Jurors also can consider the lesser charge of felonious assault, a four-year felony. He is also charged with using a handgun in the commission of a felony, which carries a two-year sentence.
Contact L.L. BRASIER: 248-858-2262 or
brasier@freepress.com