LANSING, MI – A Flint man serving a life sentence for second-degree murder for a crime he committed when he was 16 years old may have a chance to be released from prison.
Darwin Davell Page, 46, is scheduled to appear before Genesee County Circuit Judge Brian S. Pickell Tuesday, Jan. 31, for a hearing in which Pickell is expected to rule whether Page deserves to be resentenced.
“It was an awful offense that was committed, there’s no question about that,” said Stefani A. Carter, the attorney representing Page in his appeal. “But that the law prescribes certain penalties, and no one should be required to spend more time than the law requires, and I believe that Mr. Page has paid his debt.”
Page was charged along with Turok Andar Woods and Saylea Silver, who were 16 and 15, respectively, when the trio shot and killed 20-year-old Earnest F. Brown of Flint in what authorities said was an execution-style homicide committed over “money and drugs.”
According to court testimony, the three worked for a drug boss, selling crack cocaine on Flint’s streets in 1992.
On the day of the crime, the trio discussed killing the drug boss, but thought it better to kill his “right-hand man,” Brown, first.
The three defendants and Brown hopped in a vehicle and drove around Flint before parking in a driveway in a residential neighborhood. Page climbed from the backseat and shot Brown several times in the head with a .22-caliber rifle. Then, Woods grabbed the gun and shot Brown a few more times.
They then drove the vehicle a few blocks away, disposed of the keys in a field and attempted a wipe the inside of the vehicle clean of fingerprints. They tossed the rifle into the Flint River from the Garland Street bridge.
Silver was arrested the following day on an unrelated incident and summoned a detective, who he promptly told of the slaying. He testified against his codefendants in court.
Page pleaded guilty to second-degree murder on the third day of trial and was sentenced to life in prison with the possibility of parole.
Woods, now 46, is an inmate at the Chippewa Correctional Facility in Michigan’s Upper Peninsula. He is serving a sentence of 50-75 years for second-degree murder, a conviction reached following his own trial.
Silver, sentenced to 8-30 years in prison for his role in the offense, has since been released. He had taken a plea bargain early in his court proceedings.
Tuesday’s hearing, scheduled for 9 a.m., comes after the Michigan Supreme Court on Wednesday, Jan. 25, issued a ruling directing Genesee County Prosecutor David Leyton to respond to a motion for resentencing, addressing specifically whether Page is serving a constitutional valid sentence following People v. Stovall.
John Potbury, a spokesperson with the Genesee County Prosecutor’s Office, did not immediately respond to a request for comment.
People v. Stovall contends that for a minor sentenced to life in prison with the possibility of parole, the actual opportunity for parole is illusory because in many cases, defendants are never paroled. In theory, they could serve longer prison terms than someone convicted of first-degree murder or a more serious crime.
Carter said that in addition to her motion seeking resentencing for Page, the defendant in December faced a parole board, which could ultimately be another avenue for his release. She said a decision could be reached by the board on whether to release Page in the next 2-3 months.
“We expect that one way or another because he has paid his debt to society, he will be released,” she said.
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