Full hearing: Man accused of shooting woman in carjacking at Oakland County shopping plaza arraigned

Added: 2026-05-23

[00:00:00]Over here.

[00:00:40]All rise. 52nd 3rd District Court is now in session. The Honorable Laura E. Fley presiding.

[00:00:48]>> Thank you. Good morning everyone.

[00:00:51]>> Good morning.

[00:00:53]Calling case number 26 2763 people versus Mario Hearn.

[00:01:09]>> Good morning your honor. Lindsay Averson on behalf of Mario who's present to my left.

[00:01:14]>> Thank you.

[00:01:16]>> Good morning your >> Thank you. Say that. I say that again.

[00:01:23]I'm so sorry.

[00:01:24]>> You may be.

[00:01:26]>> Good morning, honor.

[00:01:31]>> Thank you. Today is set for arraignment and the court is going to go through the formal reading of the charges.

[00:01:39]Before the court starts, may I just address the presence of cameras in the courtroom? Uh we are objecting uh to the cameras. Uh we believe that there And I will touch on this a little bit if the court lets me. There absolutely can be pre-trial publicity. We understand there's going to be a case like this.

[00:01:59]The public has a right to know. Um but as the court knows, it is up to the court whether or not to bring cameras.

[00:02:05]We believe that it affects my client's right to a fair trial. Um and my client does not wish to have that hearing. If the court um just allows the cameras I realize already going um we ask they stop but we would ask that my client's face not be shown so as to not take >> Thank you. Thank you. Well, we received media request forms. Those media request forms were approved and the court is public forum. So I'm I'm not aware of any such authority um that would prohibit those cameras. I I understand your request. Thank you.

[00:02:48]And sir, your name for the record.

[00:02:52]>> Ariel, >> your last name.

[00:02:56]>> Thank you.

[00:02:59]Okay. Sir, you're charged with count one, carjacking. That is a felony punishable by life for any term of years. Count two, weapons felony firearm, punishable by up to two years.

[00:03:13]Count three, assault with intent to murder, punishable by life or any number of years, also a felony. Count four, weapons felony. Firearm, a felony punishable by up to two years. Count five, fleeing a police officer or third degree, a felony punishable by up to five years and or up to $5,000. Count six, weapons felony firearm, a felony punishable by up to two years. Count seven, carrying a concealed weapon, a felony punishable by up to five years or $2,500.

[00:03:50]Count eight, assaulting, resisting, or obstructing a police officer, a felony up to two years and/or up to $2,000.

[00:04:01]Do you understand the charges for count one?

[00:04:06]>> Yes.

[00:04:07]>> Thank you. Do you understand the charges for count two?

[00:04:11]Yes, ma'am.

[00:04:12]>> Do you understand the charges for count three?

[00:04:14]>> Yes, ma'am.

[00:04:15]>> Do you understand the charges for count four?

[00:04:18]>> Yes, ma'am.

[00:04:19]>> Do you understand the charges for count five?

[00:04:22]>> Yes, sir.

[00:04:23]>> And count six?

[00:04:25]>> Yes, ma'am.

[00:04:26]>> Do you understand the charges for count seven?

[00:04:28]>> Yes, sir.

[00:04:29]>> Do you understand the charges for count eight?

[00:04:32]>> Yes, sir.

[00:04:32]>> Thank you. Do you understand you have the right to remain silent? Anything you say orally or in writing may be used against you.

[00:04:42]>> And can you can you please stand?

[00:04:45]Thank you. And you have the right to a presence of a lawyer during any questioning to which you consent or in any court proceedings. You also have a right to a trial by judge or by jury at that trial. You'll have the opportunity to call witnesses on your behalf, confront witnesses that have been called against you. You are presumed innocent until guilty until you're proven guilty beyond a reasonable doubt for each and every element of the crime. Do you understand your trial rights?

[00:05:16]>> Yes, ma'am.

[00:05:17]>> And do you did you review a tri an advice of rights form?

[00:05:24]>> Thank you.

[00:05:26]>> And did you understand the rights in that form?

[00:05:28]>> Yes, sir.

[00:05:31]>> How do you plead as to count one?

[00:05:33]Your honor, may I go ahead address the court? Um, I do not believe my We are entering not guilty please on my client's behalf. I do not believe my client is competent in any way to answer any of these questions.

[00:05:48]>> Just to clarify for the record, and I I'll let you make your record. Um, as to counts one through eight on behalf of your client, >> not guilty, your honor. I would prefer that I answer that because I think >> there could be answers that might hurt my client if he were answered directly.

[00:06:06]>> Thank you.

[00:06:08]>> All right. And at this point, we can address Bond. Any comments as to Bond?

[00:06:13]First, we can hear from pre-trial services. Your name for the record.

[00:06:17]>> Darla Finley, pre-trial services. Um, the defendant was interviewed prior to armed at Oakland County Jail. He did indicate to pre-trial services that he is 25 years old, single, no children.

[00:06:28]and he is residing at the Northbrook Drive address in Ann Arbor. He stated he has lived there for the last seven years with his grandmother. Part of that he was living in Detroit um for the rest of his life. Um he did report full-time employment doing various jobs. He last stated that he worked on May the 18th and stated um he mentioned that he completed some college. He denies the use of any alcohol, marijuana, or illegal drug use. He's never been enrolled in substance abuse treatment in the past. Um he did not allude to any um physical or mental health concerns that he takes prescribed medications for.

[00:07:08]Um he doesn't have any other holds. Um his attached criminal history that was provided to the court would include um his non-public and probation status. Uh the alleged incident according to the police report occurred at the Baldwin Common Shopping Center located on Lake Oran near the Old Navy store. The alleged victim um and her son whom believe are believed to be strangers to the defendant. Um it appears to be a random act of violence raising concern for public safety.

[00:07:44]Um he he doesn't have a history of failing to appear. He does have prior assault of contacts um and which are detailed in his criminal history as far as his probation current status and although those are publicly not available at this time um the defendant does have a history of assault of behavior given the serious nature of the allegations there is a concern for public safety. no conditions or combination of conditions that will assure public safety.

[00:08:21]Um given that his current status um and the danger to the community at large um it could be noted that the he would be qualified under the statute of MCR 6106 and therefore pre-trial services is denying bond at this time.

[00:08:44]That would be our recommendation.

[00:08:46]>> Thank you. And anything from the people?

[00:08:50]>> Yes, your honor. Thank you.

[00:08:58]Want to highlight a couple points made by services.

[00:09:03]First of all, these charges could not be more serious.

[00:09:06]daylight allegations and shooting.

[00:09:16]I would also emp as has been said by are wiser than our priority always has to be public and that comes first and under MCR6106 I can't imagine scenario more thank you >> thank you thank you your honor While we of course understand the serious nature of these charges and allegations, we are asking for I am asking for a bond on behalf of my client. I don't agree that he can't be properly supervised in the community with the right conditions. We are not under any we are asking for a monetary bond. We note that this case would likely require a high bond to ensure the safety of the community and to minimize a flight risk. But we do believe that that can happen with a bond. So we are leaving it I would leave it to the court's discretion on what the bond is. The court obviously has the discretion to deny it entirely.

[00:10:50]But on behalf of my client, I do believe he if he posts a bond, he could be supervised with a tether. He lives with his grandmother. Um, he has for a long time. He's been her he reports he's been her caretaker. Uh, he does work when he can. He does construction. Um, and some other things that he reports. uh regardless of what is alleged to have happened in this case um he has not he does not have a history of failure to appear um and I don't mean to be condescending when I say this but there is because the court knows this there is the presumption of innocence um these are charges so while the prosecutors indicated you know that he's a flight risk for things that may have happened in the case. Those charges have not been proven. We're not even at a probable cause stage yet. Um, so my client is very young. He has a lot of family ties here. It's not just his grandmother.

[00:11:58]It's his mother and siblings and uncles, several other people. He graduated high school. There have been times where he's been a contributing member of society.

[00:12:09]Um, and I I just want to I understand the court's only making a bond decision today, but I just wanted to put something on the record because my client is facing a potential life sentence. We are objecting and intend to file a motion regarding the elected sheriff's comments on this case. Um, we believe that they have infected and tainted the potential jury pool. The sheriff has gone on radio shows and had press conferences where he talks about how my client he thinks might have assaulted or killed other people. Uh he has talked about discussions uh regarding another case, a prior uh crime that my client's been convicted of where the sheriff addressed that uh my client may have uh that the sheriff in a different county wanted attempted murder charges. There's just been a number of comments that have really and we believe affected his right to have a fair trial, a fair and impartial jury in Oakland County. And we do intend to file a motion for a change of venue as a result of those comments. Um, but in terms of bond, we are simply asking for a bond with any conditions that the court is willing to set. Um, we would ask for a tether with that bond. Thank you.

[00:13:37]>> Thank you.

[00:13:41]>> Yes.

[00:13:44]>> Absolutely.

[00:13:46]>> Thank you so much.

[00:13:49]First, I would have to say he is on probation for serious and that was mentioned by I want to emphasize that.

[00:14:04]Also, the comments made by council are she's entitled to them, but at this point the idea most important issue by far is council potential. motion to change makes no sense to me that that's going to be the court at some point.

[00:14:44]Um I I don't want urge the court to take first and foremost safety any condition under which open. Thank you.

[00:15:04]Thank you.

[00:15:07]But first and foremost, we're here for arraignment today and the court is here to set bond.

[00:15:14]There were allegations placed on the record by defense council regarding alleged comments um in the media and those are not appropriately addressed today.

[00:15:26]You may file a motion if you'd like the court to address that at a future time, but today we're addressing bond and arraignment. So, in terms of bond, the court is required to comply with 6.106.

[00:15:39]The defendant certainly is presumed innocent until um trial. And in this matter, the court considers the very serious nature of the offense, criminal history.

[00:15:51]The court is aware that the defendant has a history of some assaultive behavior as well as that the defendant is currently on probation for a serious offense.

[00:16:01]The court is also concerned with the risk of public safety, potential flight risk andor record of appearance for future court hearings.

[00:16:12]Pursuant to 6.106B 106B and the foregoing. The court is not convinced that there are any conditions or combination of conditions that could mitigate potential um danger to the community or a flight risk. So in this matter bond will be denied. Thank you.

[00:16:32]>> Thank you.

[00:16:33]>> Thank you.

[00:16:34]>> Your honor, in terms of the next court dates, I do have a competency motion.

[00:16:38]Did you want me to address that today or at the probable cause conference?

[00:16:43]>> Mr. I would respectfully ask my understandable conference appropriate time conference not >> I I have no issue with that.

[00:17:04]>> Oh, I'm sorry.

[00:17:05]>> I have no issue with that. We can schedule we can set that um probable cause conference and exam. We can schedule those dates and address that issue at the probable cause conference.

[00:17:17]I have the proposed date for probable cause conference of June 2nd, 2026 at 8:30 a.m. and the proposed exam date of June 9th at 11:15.

[00:17:32]Do those dates work?

[00:17:35]>> Th those dates work.

[00:17:37]>> Thank you.

[00:17:39]Thank you. and we'll see you back for the probable cause conference on June 2nd. Thank you very much, your honor.

[00:17:46]>> Thank you very much, your honor.

[00:17:49]>> Yes, you are. And the court needed to address the courtappointed attorney request form. Um I do see that the defendant has been incarcerated. So that has is currently incarcerated has insufficient income that courtappointed pass form is approved. Thank you.

[00:18:12]>> Thank you.