MY NAME IS MARK SWAIZEY,
IN 2011 I WAS ARRESTED FOR FIRST DEGREE MURDER.
ALMOST 6 MONTHS AFTER I HAD A FIST FIGHT WITH ANOTHER MAN WHO ATTACKED ME THE MORNING OF OCTOBER 7, 2010 AT APPROXIMATELY 10:00AM, WHEN I WAS DROPPING OFF MY TWO YEAR OLD DAUGHTER'S MOM WHO HAD SPENT THE NIGHT WITH ME.
AS SOON AS I PULLED UP TO DROP HER OFF, THIS MAN CAME RUNNING OUTSIDE HIS HOUSE FROM ACROSS THE STREET AS ME AND MY CHILD'S MOM WERE APPROACHING HER FRONT PORCH. THE ATTACKER TOOK A SWING AT ME AND IN THE PROCESS OF DEFENDING MYSELF I PREVAILED AND SUBDUED THE ATTACKER. I THEN GOT IN MY CAR AND SAID SOME PARTING WORDS TO HIM AS I LEFT.
APPROXIMATELY 5 HRS LATER MY CHILD'S MOM CALLS, AND TELLS ME HER AND OUR CHILD WERE KICKED OUT OF THE HOUSE BECAUSE OF THE FIGHT I HAD WITH THE NEIGHBOR. I TOLD HER AND THE BABY TO BE READY TO GO AS SOON AS I PULL UP.
AS SOON AS ARRIVED TO GET THEM I WAS APPROACHED BY THE VICTIM AND THREE OF HIS COUSINS, THE VICTIM ASKED ME ABOUT MY FIGHT WITH HIS BROTHER AND THE COMMENTS I MADE. MY IMMEDIATE REPLY WAS "THAT WAS EARLIER, IT’S OVER, AND I'M JUST HERE TO PICK UP MY BABY’S MAMA AND MY DAUGHTER" AS SOON AS I SAID THAT SHOTS RANG OUT. I THOUGHT THEY WERE SHOOTING AT ME BUT THEY WERE SHOOTING AT EACH OTHER AND THE VICTIM WAS HIT.
THE FAMILY MEMBER WHO WAS INVOLVED IN THE SHOOTOUT RUSHED HIM TO THE HOSPITAL, ONCE AT THE HOSPITAL HE GAVE THE FIRST RESPONDING OFFICER HIS WEAPON AND LICENSE TO CARRY AND IMMEDIATELY TOLD HER THAT WHILE HE AND HIS BROTHER AND COUSINS WERE CONFRONTING ME ABOUT THE EARLIER FIGHT, AN SUV PULLED UP AND SOME WORDS WERE EXCHANGED BETWEEN HIM AND ONE OF THE OCCUPANTS OF THE SUV. THEN SOMEONE EXITED THE REAR PASSENGER SIDE OF THE SUV ARMED WITH A HANDGUN WALKED AROUND THE REAR OF THE SUV AND SOMEONE INSIDE THE SUV YELLED OUT SHOOT HIM, AND THE GUNMAN OPENED FIRE, SO HE RETURNED FIRE.
HE THEN GAVE TWO OTHER OFFICERS TWO DIFFERENT VERSIONS (AS TO WHERE THE ATTACKING GUNMAN EMERGED FROM, AND THAT I YELLED OUT THE WORDS SHOOT HIM).
HE THEN CAME TO TRIAL AND TESTIFIED THAT THE GUNMAN CAME FROM THE PASSENGER SIDE OF MY CAR INSTEAD OF THE SUV (HIS 4TH VERSION) AND TESTIFIED THAT HIS MEMORY GOT BETTER A YEAR AND HALF LATER VERSUS THE DAY OF THE SHOOTING INCIDENT HE WAS INVOLVED IN. THE JUDGE AGREED AND EVEN WENT AS FAR AS TO VOUCH FOR THE WITNESS'S MEMORY BEING BETTER A YEAR AND A HALF LATER.
ALMOST 6 MONTHS LATER A WARRANT WAS ISSUED FOR MY ARREST FOR FIRST DEGREE MURDER AND FELONY FIREARM WITH NO NEW EVIDENCE FROM THE DAY OF THE INCIDENT. (WITH NO PRIOR ATTEMPTS TO INTERVIEW ME BEFORE THEN. ONCE I WAS IN CUSTODY, HOMICIDE TOLD ME POINT BLANK THAT I EITHER TELL THEM WHO DID THE SHOOTING OR THEY WERE CONVICTING ME FOR THE MURDER).
A YEAR AND A HALF LATER, I WENT TO A TWO AND A HALF DAY BENCH TRIAL IN FRONT OF JUDGE BRUCE MORROW, FOR FIRST DEGREE MURDER AND FELONY FIREARM. WHEN THE JUDGE SWEARS IN MY ONLY CALLED WITNESS (THE FIRST RESPONDING POLICE OFFICER FROM THE HOSPITAL, WHO THE PROSECUTION ALSO TRIED TO WAIVE) SHE AGREES TO BE COMPLETELY HONEST, HOWEVER THE JUDGE THEN TELLS MY WITNESS "TO SIT BACK AND START LYING" (BEFORE EVEN HEARING HER TESTIMONY).
THE JUDGE ALSO INTERRUPTED STATING THAT THE PROSECUTOR'S STAR WITNESS (WHO WAS INVOLVED IN THE EXCHANGE OF GUNFIRE) DIDN'T HAVE TO REMEMBER WHAT HE TOLD THE POLICE AT THE HOSPITAL ON THE DAY OF THE INCIDENT. THE JUDGE EVENTUALLY FOUND ME NOT GUILTY OF FIRST DEGREE MURDER, NOT GUILTY OF AIDING AND ABETTING, NOT GUILTY OF FELONY FIREARM, BUT GUILTY OF SECOND DEGREE MURDER.
ONLY AFTER I WAS CONVICTED, DID I DISCOVER THAT THE VERY SAME FAMILY MEMBERS WHO TESTIFIED FOR THE PROSECUTION HAD GONE TO CRIME STOPPERS (FOR THE REWARD) WITH THE LEAD HOMICIDE DETECTIVE TWO MONTHS AFTER THE SHOOTING, AND STATED THAT THEY WITNESSED (ME) SHOOT THEIR FAMILY MEMBER AND FLEE THE SCENE IN THE SUV.
THERE WAS STILL NO WARRANT FOR MY ARREST UNTIL 4 MONTHS LATER AND THE PROSECUTION NEVER PROVIDED THE DEFENSE WITH THIS CRIME STOPPERS INFORMATION.
NEW WITNESSES HAVE COME FORWARD WITH NEW INFORMATION SHOWING MY FACTUAL INNOCENCE WITH THREE OF THEM PROVIDING AFFIDAVITS AND TWO OF THEM INSISTING ON BEING SUBPOENAED. FURTHERMORE, THE FACT THE WITNESSES ARE FRIENDS WITH THE VICTIM'S FAMILY, FURTHER BOLSTERS THEIR CREDIBILITY IN THEIR TESTIMONY OF THE TRUTH. I ALSO FIND IT IMPORTANT TO NOTE THAT THE JUDGE WHO CONDUCTED MY BENCH TRIAL HAS BEEN FOUND GUILTY NUMEROUS TIMES OF JUDICIAL MISCONDUCT, JUDICIAL BIAS, FAILURE TO FOLLOW THE LAW, AND LACK OF JUDICIAL IMPARTIALITY IN 2004, 2014, AND NOW 2022.
THERE'S SO MUCH MORE THAT SHOWS MY FACTUAL INNOCENCE.....AND I HAVE MOUNDS OF EVIDENCE TO PROVE MY INNOCENCE AND CLEAR MY NAME.
ALL STATED HEREIN DECLARED TRUE UNDER PENALTIES OF PERJURY PER FEDERAL LAW 28 USC 1746.
PLEASE CONTACT ME BY MAIL OR EMAIL
RESPECTFULLY,
MARK SWAIZEY #258885
10274 Boyer Road
Carson City, MI 48811-9746
Email: www.jpay.com