Judge Rips Apart Convicted Killer With Shocking Sentencing: ‘You Will Live With This’

[00:00:00] Speaker 1: We'll believe now is your opportunity. If you'd like, you may address the court. [00:00:07] Speaker 2: Firstly, Your Honor, I would just like to say that I'm so sorry to the victims and their family that I got no words that could bring them solved. But I am so sorry for their loss. I would also like to say something that has been brought up to me so many times over the last year. As far as Kenneth Grondin goes, I do not know who this guy is. I have never met him. I've never spoken to him. I've never communicated with him on any form of media. I do not know this guy other than what I've read in the press, from a documentary, and from the discovery that I've been given. Thank you. [00:00:57] Speaker 1: So, the policy of State of Michigan favors individualized sentencing for every convicted defendant. The sentence has to be tailored to fit the circumstances of the case and the defendant. And Mr. Mobley, in looking at what would be an appropriate sentence in your case, court had to take into consideration factors such as discipline, recognition of the wrongdoer, the protection of society, the potential for rehabilitation, and deterring others from committing like offenses. I know Mr. Miller and Ms. Reddick have had an opportunity to move to the precinct investigation of the court. I know they've done that. I know as a matter of course they do that in every case. And, as a result of the circumstance that you're in court for here this afternoon and all of the things that have led up to this, by necessity, the court has to focus on you and the reason why we're here. But, I strongly suspect that, and I would be willing to bet that 13 years, five months, and one day ago, that your casual flick of a cigarette butt, I bet you never thought that would lead you here. The court has had an opportunity to review the precinct investigation report in this case. And, I just want to say that, given the fact that, essentially, the information contained in the report is what has been officially presented to the court. It's something that the court may rely on, and Michigan law is clear that it's presumptively accurate, the information that's in that report, and the court may utilize that. So, here, the unchallenged information is quite simple. And, it coincides with the stipulated facts that were presented to the court previously. And, what was presented to the court at your plea hearing revealed that it is uncontested that a crime was committed and that you committed it. The question here is not whether a crime was committed, but why. The court sits at the head of the criminal justice system. But, this case represents a sad failing of our system. What happens here today is not justice. How can the court possibly offer justice to this family, when we can't even give them answers? It's not justice for Andrea Elber's family. It's not justice for anyone in our community, when the court's job is to, at the end of the day, make sure that our community is safe. It's been 4,901 days for this family with no answers. There's no justice being done today. It is not, it is not, it is not, it is not lost on this court in the information contained in that pre-sentence investigation report that you are a Navy veteran, honorably discharged, who left your career in the service because, in your words, you were tired of war. Certainly, everyone understands that sentiment. I can't think of anyone who would disagree with that. You traded the conflict of the Middle East and everything that went with it and brought the violence back here to our county. You took a life that wasn't yours to take. And along with it, you took the lives of the family that loved her. And you, sir, will live with that for the rest of your life. From a legal standpoint, your case couldn't be more simple. Because at the end of the day, the sentence is, there's no choice for the court. But in this particular circumstance, this particular case that has lived on for so long, it's so much more complicated. The court only wishes at this point in time, the court could offer the family the explanation that it deserves for why you did what you did that day. And it's unrefuted that you did it. The sentence of the court, Mr. Mobley, in your case, like I said, is really quite simple. Under the facts and circumstances of this case, the court sentences you to the Michigan Department of Corrections for the rest of your life. With credit for zero days served. You must pay a crime victim's assessment in the amount of $130. Pay court costs of $500. You must pay an attorney fee in the amount of $42,500. You must comply with DNA testing and pay a $60 fee. You must pay $136, which is a $68 per count of the state cost. And in the scope of the reason why we're here, those costs just seem silly. I'm almost embarrassed to tell you that you owe $136 state cost. Given the cost to our community and the cost of life. That's in connection with count one, the first degree murder charge. With respect to count three, it's the sentence of the court that you'd be sentenced to the Michigan Department of Corrections for an additional two years, which will run consecutive with the life term that you're serving in connection with count one. You get credit for 657 days served, but you must pay $68 for the cost. That is the sentence of the court. Mr. Miller, it's the court's understanding that you've already presented Mr. Mobley with a copy of the notice of the appellate rights. [00:07:11] Speaker 3: I have. I have, your honor, been over it. I have a signed copy that has received it, and I also have an executed copy for the appeal itself. If I can approach, I hand those to the court. All right. Thank you. Mr. Miller, any reason you can think the court needs to go over those rights with your client on the record? No, your honor. [00:07:27] Speaker 1: Thank you. Mr. Patterson, anything further on behalf of the people? No, your honor. [00:07:31] Speaker 3: Mr. Miller, anything further on behalf of Mr. Mobley? No, your honor. Thank you very much. We are in residence. Thank you very much. [00:08:08] Speaker ?: Thank you. Thank you. Thank you. Okay. Thank you. Okay. Thank you. Thank you. Thank you. Thank you. Okay. Thank you. Thank you. Thank you.