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Steven Utash was released from the hospital May 17, 2014, six weeks after he was severely beaten when he accidentally hit a 10-year-old boy with his pick-up. / Courtesy of Utash family

DETROIT -- The sentences for two Detroit men given jail time and probation in the mob beating of Steven Utash will stand, a Wayne County Circuit Court judge ruled.

Judge James Callahan denied motions Friday by the Wayne County Prosecutor's Office that sought the resentencing of James Deontae Davis, 24, and Latrez Cummings, 19, said Maria Miller, a spokeswoman with the prosecutor's office.

Callahan sentenced Davis - who admitted striking Utash, a 54-year-old tree trimmer, and took a plea deal - to five years of probation with the first year to be served in jail. According to prosecutors, based on the sentencing guidelines, Davis should have been given 19 months to more than three years of incarceration.

Cummings was sentenced to three years of probation with the first six months to be served in jail. His sentence also drew opposition from the prosecution.

"We think the sentences were not appropriate to the crime," Miller said. "A decision will be made regarding how we will proceed."

Davis, Cummings and two other defendants in the case were all initially charged with assault with intent to murder and assault with intent to do great bodily harm less than murder. All pleaded guilty to the lesser charge and the assault with intent to murder charges were dismissed.

Utash is still recovering from severe head injuries suffered when he was knocked off his feet and pummeled after the pickup he was driving hit a 10-year-old boy who darted off a curb into traffic. Relatives said he has brain damage that has impaired his ability to drive, work and make financial decisions.

The four adults and one juvenile were the only people charged since the beating, which Assistant Wayne County Prosecutor Lisa Lindsey said involved up to 20 assailants on Detroit's east side. She said only three witnesses came forward to help with the investigation and that limited the strength of the case.



Copyright 2014USAToday

Read the original story: Sentences stand for 2 convicted in driver's beating

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