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Carmack accepts plea bargain, avoids jail time

May 23, 2013

Brandon Carmack, a Saline, Mich., native, who allegedly assaulted his ex-girlfriend and accused MSU hockey team members of assaulting him, appeared before Ingham County Circuit Court Judge Rosemarie Aquilina to accept a plea bargain on Wednesday.

Carmack pleaded guilty for filing a false report of a misdemeanor, third-degree home invasion and misdemeanor of stalking. He was originally charged with two counts of assault and battery, filing a false police report of a felony, first-degree home invasion and stalking and domestic assault and battery.

“Both the defense and the prosecutors decided it would be best for all parties involved if this was resolved without a trial and without a fight in court,” Carmack’s attorney William Hankins said.

In addition, Judge Aquilina awarded Carmack the Holmes Youthful Trainee Act status yesterday morning, meaning when he completes his probation he will not face any jail time or criminal record, according to Hankins.

Prosecutors decided to amend these charges in exchange for him pleading guilty. If Carmack completes his term of probation he will have no criminal record and no convictions, Hankins said.

“I didn’t think he would get a conviction, but we elected to do this to make sure he would not have a criminal record,” Hankins said. “The kid was almost killed, come on.”

Carmack, sought his ex-girlfriend, Therese Kerr, on the night of August 27 into the morning of August 28 and eventually found her at a house party, according to a police report.

Multiple witness statements say he grabbed Kerr by the neck and shoulders and began yelling at her before several other males at the party intervened. Carmack originally told police he was kicked, beaten and stabbed by members of the MSU hockey team.

“He wasn’t the smartest guy (that night) but when he went to the hospital, he had a piece of metal stuck in his head,” Hankins said. “He shouldn’t have been convicted for anything.”

Hankins said Carmack is still enrolled as a student at MSU. He was an advertising junior at the time of assault.

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