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Man charged in federal judge's shooting in Detroit neighborhood

DETROIT – A 23-year-old man has been charged with shooting a federal judge earlier this year during a robbery attempt outside his home in Detroit’s University District.

Wayne County Prosecutor Kym Worthy said Monday that Kevin Smith was arraigned on charges of conspiracy to commit armed robbery, armed robbery, assault with intent to murder, felon in possession of a firearm and felony firearm. He was given a $500,000 cash surety bond.

Worthy said Smith and another man tried to get into US District Court Judge Terrence Berg’s home on March 5, but when Berg refused to comply with their demands, Smith shot Berg in his right leg.

Berg recovered from the gunshot.

Worthy said a second man, who will not be named, “is a cooperating witness with an agreement for special consideration.”

More arrests in University District crimes

Worthy said an investigation into several more break-ins and robberies in the same area between the Detroit police and FBI has also led to more charges against Smith and two more men in 13 cases.

Some of the cases are detailed here:

  • Timothy Russell and Unnamed Defendant No.2
    • Date: April 1, 2015
    • Time: 8:30 PM 
    • Location: Washburn Street in Detroit
    • Charges: (1) Armed Robbery, (2) Armed Robbery, (3) Home Invasion 1st Degree, (4) Felon in Possession (Defendant Russell Only), (5) Felony Firearm
    • Status:
      • Defendant Russell:  Under the terms of a plea and sentence agreement, Russell pled guilty to Armed Robbery and Felony Firearm on November 17, 2015.  As a part of that agreement, on December 8, 2015 he was then sentenced to 13-30 years for Armed Robbery and two years consecutively for Felony Firearm.  This sentence is to run concurrently with a sentence of 13-30 years plus two years on Case No. 15-004784 (described below).  As a part of the agreement the People also agreed to dismiss Case # 15-004930 and all other remaining charges.
      • Defendant No. 2: This case is subject to the Agreement with a plea on another armed robbery case. Sentence pending.
  •  

  • Kevin Smith, Timothy Russell and Unnamed Defendant No. 2
    • Date: April 15, 2015
    • Time: 11:15 PM
    • Location: West Hildale Street in Detroit
    • Charges: (1) Armed Robbery, (2) Armed Robbery, (3) Home Invasion 1st Degree, (4) Felon in Possession (Defendants Smith and Russell Only), (5) Felony Firearm
    • Status:
      • Defendant Smith: Under the terms of a plea and sentence agreement, Smith pled guilty to Armed Robbery and Felony Firearm on November 17, 2015.  As a part of that agreement, on December 14, 2015 he will be sentenced to 13-30 years for Armed Robbery and two years consecutively for Felony Firearm.  As a part of the agreement the People also agreed to dismiss the other counts pending as to this case.
      • Defendant Russell: This case was dismissed against Russell under the plea and sentence agreement reached on Case No.15-04929 and Case No.15-004784.
  • Timothy Russell
    • Date: May 11. 2015
    • Time: 10:05 PM
    • Location: Faust Street in Detroit
    • Charges: (1) Armed Robbery, (2) Home Invasion 1st Degree, (3) Felon in Possession, (4) Felony Firearm
    • Status:  Under the terms of a plea and sentence agreement, Russell pled guilty to Armed Robbery and Felony Firearm on November 17, 2015.  As a part of that agreement, on December 8, 2015, he was then sentenced to 13-30 years for Armed Robbery and two years consecutively for Felony Firearm.  This sentence is to run concurrently with a sentence of 13-30 years plus two years on Case No. 15-004929 (described above).  As part of the agreement, the People also agreed to dismiss Case # 15-004930 and all other remaining charges.
  • 4.  Dondiego Adams (remains pending)

    • Date: May 11. 2015
    • Time: 10:05 PM
    • Location: Faust Street in  Detroit
    • Charges: (1) Armed Robbery, (2) Home Invasion 1st Degree, (3) Felony Firearm