In a hearing Friday, Mohammad Abuhaltam pled guilty to second degree murder in the death of 59-year-old James May, Sr., of Three Rivers. May’s body was found in his home in the 300 block of Middle Street after officers from the Three Rivers Police Department were dispatched to his residence for a reported homicide at approximately 9:43 a.m. on May 21.
After authorities found the victim’s body, the St. Joseph County Major Crimes Task Force was activated to investigate the incident. Abuhaltam was interviewed for about an hour at the scene by authorities before he was taken to the Three Rivers Police Department for further questioning. That evening, Abuhaltam was arrested and lodged in county jail.
Abuhaltam submitted his plea before Circuit Court Judge Paul Stutesman via Zoom, and was represented by David Marvin. Abuhaltam waived Marvin’s liability for any potential conflicts due to Mr. Marvin’s status as an active candidate for St. Joseph County Prosecutor, and said he is satisfied with Marvin’s representation.
Acting St. Joseph County Prosecutor Joshua Robare said in exchange for his guilty plea, the county would dismiss all other charges against Abuhaltam. Those additional charges include fleeing and alluding in the third degree, carrying a concealed weapon, and several unrelated open misdemeanor cases that include three counts of driving on a suspended license and a ticket for careless driving and driving without proof of insurance. It also includes dismissal of any other possible, pending misdemeanor cases, “whether listed or not.”
In addition, Stutesman said the remaining charge was amended from open murder to second degree murder. An open murder charge potentially can include any type of murder charge, from first- or second-degree murder “all the way down to manslaughter,” Stutesman said. A second-degree murder charge is punishable by a sentence of up to life in prison or any term of years.
A second-degree charge means the perpetrator “caused the death of someone,” Stutesman said, with either the intent to kill or to do great bodily harm, or knowingly created a very high risk of death or great bodily harm, knowing one of the two would be the likely result. Further it means “the killing was not justified, excused, or done under circumstances that reduce it to a lesser crime,” Stutesman said.
“If I accept your plea, you will not have a trial of any kind, and you will be giving up the rights you would have at trial,” Stutesman said to Abuhaltam. “You would be giving up the right to be tried by a jury, to be presumed innocent until proven guilty, to have the prosecutor prove beyond a reasonable doubt that you are guilty, to have the witnesses against you appear at trial, to question the witnesses that appear against you, to have the court order any witnesses you have in your defense to appear at trial, to remain silent during the trial and to not have that silence used against you, and to testify at trial if you want to testify.”
Further, Stutesman told Abuhaltam, “if your plea is accepted you will be giving up your right to appeal certain issues that would otherwise be appealable if you were convicted at trial.” Abuhaltam confirmed his intent was to “commit great bodily harm” against May.
Marvin confirmed Friday that May’s autopsy report determined the 59-year-old died from a stab wound to the chest. Abuhaltam said he approached May in regard to “a motorcycle he had sold me that was deemed not working.” The conversation turned into a heated argument. “As I remember I was under the influence of a certain drug called Xanax, as well, which didn’t help the situation at all. I felt very heated in that moment, as he did.” The room where the argument took place contained a knife collection, one of which Abuhaltam used in committing the crime.
Stutesman set a sentencing hearing for September 25th at 1:30 p.m. Abuhaltam must submit a DNA sample, since Stutesman said one was not collected at the time of arrest. He will also be interviewed and complete additional paperwork in preparation for a presentencing report.
