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COURT OF CLAIMS
DAVONTAE SANFORD,
Plaintiff
Case No .:
VS.
COMPLAINT
NOW COMES PlaintiffDAVONTAE SANFORD, by and through his attorneys, the law
finns of Goodman Hurwitz & James, P.C. and Neufeld Scheck & Brustin, LLP, and for his
JURISDICTION
1. The Michigan Court of Claims has personal jurisdiction over the Defendant State
pursuant to the Wrongful Imprisonment Compensation Act, M.C.L. § 691.1751, et seq. and the
2. Venue is proper in the Court of Claims pursuant to MCL § 600.6419, et s;q. and
MCL §691.1751, et seq. r-...
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3. Plaintiff certifies that the original Complaint is signed and verified by, Plaintiff
before an officer authorized to administer oaths pursuant to M.C.L. § 600.6432(1) ~n_d M.C.L. §
691.1754(2).
NATURE OF THE ACTION
5. Under MCL § 691.1751, Plaintiff is entitled to relief for the time in which he was
wrongfully incarcerated.
FACTUAL BACKGROUND
6. At just fourteen years old, Davontae Sanford was wrongly prosecuted for and
convicted of a quadruple homicide of which he was completely innocent and for which he spent
nearly 9 years - from the ages of 14 to 23 - wrongly imprisoned for these crimes.
8. After arriving at the crime scene, the City of Detroit Police Department (DPD)
Officers learned a number of details relating to the crime from surveying the crime scene and
speaking to witnesses.
9. By some time after midnight, on September 18, 2007, there was substantial noise
and heavy police activity in the neighborhood. As a result, several neighboring residents came
outside to look around, including then-14-year-old Plaintiff Davontae Sanford. Upon leaving his
house in his pajamas, Davontae walked toward the police to inquire about the commotion.
10. DPD Sergeant Russell spoke with Davontae, eventually asking him several
questions about the crimes. Davontae, who had no knowledge about the crimes, could not answer
11. Davontae was taken into police custody- after the officers misrepresented to his
grandmother that he was neither a suspect nor under arrest- and interrogated for several hours
without an attorney or guardian present, well into the early morning hours of September 18.
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12. Because Davontae was not involved in either the planning or commission of the
Runyon Street murders, he did not know any facts or details about the crime. Nonetheless, over the
several hours they held Davontae in custody, the police officers coerced him to make a statement
about his purported involvement in the crime, at first identifying two alleged "accomplices" who
James Tolbert, inserted several facts into Davontae's "statement"- facts that only they and the
actual killers would know- and later falsely represented to prosecutors orally and in writing that
14. Among the many lies perpetrated by the officers in falsely implicating Davontae in
these horrific crimes are included, but not limited to, the following:
15. Most egregiously, Commander James Tolbert drew a sketch of the room in which
the murder victims were killed, showed Davontae photos of the murder victims where they lay in
the room, instructed Davontae to draw the location of the bodies he saw in the photographs onto
the sketch that had actually been drawn by Commander Tolbert, and then Commander Tolbert
falsely testified under oath that the sketch was drawn entirely and voluntarily by Davontae.
16. On September 18, 2007, Davontae was arrested without any probable cause other
than the false and fabricated "statements" and "confessions" referenced above. At the age of 14, he
was placed in custody and would remain incarcerated for the next eight-and-a-half years of his life,
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17. For much of that time, from the date of his incarceration on September 18, 2007, as
a child, until his release on June 8, 2016, he was falsely imprisoned in adult prison.
18. Davontae continued to assert his innocence until the middle of his criminal trial.
Because the officers, in conjunction with the prosecutors' office, had fabricated such powerful
evidence of Davontae' s alleged "guilt"-not the least of which being the fabricated sworn
testimony of Commander James Tolbert regarding the drawing of the crime scene-Davontae, on
advice of counsel, believed his only recourse was to plead guilty. At age 15, Davontae entered his
guilty plea to four murders and a felony firearm violation-all crimes that he did not commit.
19. On April 4, 2008, the trial court sentenced 15-year-old Davontae to four concurrent
terms of 37 years to 90 years for the murder convictions and an additional two years for a firearms
conviction.
20. After his conviction, Davontae sought repeatedly, from 2008 until his exoneration
in 2016, to withdraw his guilty plea and obtain relief from his conviction based on his actual
21. On April 19, 2008, two weeks after Davontae was sentenced, Vincent Smothers- a
suspect in multiple homicides in the Detroit area-was arrested outside his home in Shelby
22. Smothers, an admitted killer-for-hire who at that point had a wife and newborn
daughter, decided to voluntarily tell the police about the many crimes he had committed to keep
23. Over the next two days, Smothers was interviewed by several DPD police officers
and confessed to having committed several murders-for-hire between 2006 and 2007, including the
Runyon Street murders for which Davontae had just been convicted.
24. Smothers volunteered to police interrogators several non-public facts about the
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crime that only the real perpetrator would have known, and told DPD officers that Davontae was
not involved.
25. Smothers also discussed with Sgt. Russell, separately, his own involvement and
Davontae' s non-involvement in the Runyon Street murders, expressly telling Russell that they had
the wrong guy because he, Smothers, had committed the murders.
26. Sergeant Russell instructed Smothers to cease his statements that either implicated
on his statements that resulted in the recovery of the pistol that had been used in the Runyon Street
murders, as well as another pistol Smothers had taken from the scene and later used in another
28. In May 2008, Smothers again confessed to the Runyon Street murders and relayed
one additional non-public detail that only one who was there would have known about, i.e. that he
had exchanged gunfire with another individual while fleeing the crime scene.
29. Smothers was eventually charged with eight murders, that is, every murder to which
he had confessed except for the four committed on Runyon Street to which he had also confessed.
The prosecutor offered a plea deal of 50-100 years for all eight murders if Smothers promised not
to testify on behalf ofDavontae - a deal Mr. Smothers refused.
30. Smothers has also insisted that there was no way that Davontae had been involved
in the Runyon Street killings and that he, Smothers, would never undertake such an act with a 14
year old child, especially one who was, as Davontae is, also blind in one eye.
31. When Smothers pleaded guilty to the other eight murders and was sentenced, on
July 23, 2010, the judge referred to his presentence report, which included his confession to the
Runyon Street murders, and urged him to "correct wrongs for those who were wrongfully
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convicted for killing people that you killed." Smothers replied, "If that's a question [sic] the Police
Department knows of any crimes that have been committed." [Exh. 6, Smothers Sentencing Hrg.
32. Despite Smothers' detailed confession to the four Runyon Street murders, and his
leading police to the location of the firearms which were shown to be connected to the murders,
the officers repeatedly sought to prevent evidence of Smothers' guilt for these murders from
coming to light, deliberately prolonging an innocent young man's wrongful conviction and
torturous imprisonment.
33. Moreover, the officers who participated in perpetrating the false conviction of
Davontae Sanford did not inform Davontae or his counsel of Smothers' exculpatory statements, or
otherwise follow up on Smothers' statements or seek to correct the injustice that they knew-and
34. Several months after Davontae's wrongful conviction, in the fall of2008, one ofhis
post-conviction attorneys happened to learn about Vincent Smothers' confession to the Runyon
the Runyon Street murders, going so far as submitting an Affidavit attesting to Davontae's
innocence and seeking to attest the same in court. [See Exh. 1, Affid. of Vincent Smothers,
36. However, Davontae's efforts to prove his innocence repeatedly stymied Wayne
County Prosecutors, who continued to assert Davontae' s guilt and fight his release, relying on the
DPD officers' continued misrepresentations that Davontae had voluntarily confessed and
voluntarily reported non-public information about the crimes that only the police and true
perpetrator could have known. At no time did Commander Tolbert' s perjury regarding the crime
6
scene sketch ever come to light, until October 2015.
compelling Motion for Relief from Judgment, pursuant to MCR 6.503, the Michigan State Police
("MSP") initiated its own independent investigation of the Runyon Street homicides.
38. As part of their investigation, on October 2, 2015, MSP officers interviewed DPD
Commander James Tolbert who admitted for the first time that he, not Davontae, had, in fact,
drawn the crime scene sketch at the precinct on September 18, 2007.
39. This sketch was a critical piece of evidence that was used to coerce Davontae's
guilty plea. Commander Tolbert's admission to the MSP officers thus confirmed that when he
previously testified under oath that the sketch had been drawn entirely by Davontae, he had
committed perjury.
40. During their investigation, MSP officers also retrieved the cell phone contents of
Michael Robinson, the deceased target of the Runyon Street hit. The contents contained a picture
of a .40 caliber gun that closely resembled the .40 caliber gun Vincent Smothers confessed to
taking from the Runyon Street crime scene and using to commit a subsequent homicide.
41. The MSP officers submitted the Report of its independent investigation to the
Wayne County Prosecutor's Office on May 20, 2016. [Exh. 2, MSP Report, 5/20116].
42. The MSP Report details the extensive and extremely thorough investigation that
suggests the Runyon Street homicides, for which Davontae was convicted, were committed by
Vincent Smothers and Ernest Davis. It further confirms that Davontae had nothing to do with
committing these crimes and that he was, therefore, wrongfully convicted and incarcerated within
the meaning of MCL § 691.1751. [See Exh. 2, MSP Report, pp. 23-25, 33, 36-37, 43-44, 84-85,
115-116].
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State of Michigan, through its principal investigative agency, the Michigan State Police, that the
presented in the MSP Report [Exh. 2], on June 7, 2016, the Wayne County Prosecutor's Office, in
conjunction with Davontae' s criminal defense attorneys, submitted a joint stipulation asking the
court to set aside Davontae' s conviction and release him from custody. [Exh. 3, Stipulated Order
45. On June 7, 2016, the trial court vacated Davontae's conviction and dismissed the
case. [Exh. 3, Stipulated Order, p.1; Exh. 4, Wayne County Cir. Ct. Register of Actions, p.8].
46. On June 8, 2016, Davontae was released from prison, [Exh. 5, "Davontae Sanford
home after freed from prison," Detroit News, 6/8116], and on July 19, 2016, all criminal charges
a. Plaintiff was wrongfully convicted of four second degree homicides under the
laws ofthe State of Michigan, of which he was actually innocent;
c. Plaintiff served eight (8) years and 264 days in prison as a result ofhis four (4)
homicide convictions;
d. Plaintiffs convictions were vacated after new evidence was produced that
clearly proved that Plaintiff was not the perpetrator of the crimes and was
neither an accessory nor accomplice to the acts that were the basis of the
homicide charges;
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e. Plaintiff was not serving concurrent time in prison for any crime outside of the
aforementioned vacated homicide convictions.
A. $50,000 for each year from the date Plaintiff was imprisoned, September 18, 2007,
until the date of his release from prison, June 8, 2016, pro-rated, ($436,165.36); and
C. Such other and further relief as this Court deems reasonable and necessary in the
interests of justice.
Respectfully Submitted,
By: .
William H.' Goodman
William H. Goodman (P14173)
Julie H. Hurwitz (P34720)
Kathryn Bruner James (P71374)
13 94 E. Jefferson
Detroit, MI 48207
(313) 567-6170
wgoodman@goodmanhurwitz.com
-and-
9
State of Michigan )
)§
County of Wayne )
])~R <
Davontae Sanford
&nfdcd
Subscribed and Sworn to before me
this ~-dl day of July, 2017
~ f~N. .~-:a-ry-Public
.
Macomb County, Michigan
My Commission Expires: 12/29/2020
Acting in Wayne County
DAVONTAE SANFORD v. STATE OF MICHIGAN
Index of Exhibits
Exh. 5 "Davontae Sanford home after freed from prison," Detroit News,
6/8/16