In an opinion released this morning, the Michigan Court of Appeals ruled that Isabella County Trial Court Judge William Ervin was wrong when he threw out critical evidence against former Central Michigan University football player Spencer Lewis in the Demarcus Graham case.
Lewis told a polygraph operator that he struck Demarcus Graham, the Flint man who died from a beating on the street outside a downtown Mount Pleasant student bar. Lewis had been charged with second-degree murder, involuntary manslaughter and assault with intent to do great bodily harm.
Isabella County Prosecuting Attorney Larry Burdick dropped the charges when Ervin threw out the evidence, but said he would reinstate the charges if the appeals court ruled the evidence could be heard by a jury.
Burdick hasn't announced his decision.