Judge reduces prison sentence for Whitmer kidnap plotter who pleaded guilty
Ty Garbin, the first of two men who pleaded guilty for their role in a plot to kidnap and possibly kill Gov. Gretchen Whitmer in 2020, saw his prison sentence reduced Friday. Garbin testified in both federal trials against his fellow conspirators, as the government ultimately secured guilty verdicts against two of the men charged in the case.
U.S. District Judge Robert Jonker reduced Garbin's sentence from 75 months to 30 months in prison, per an order filed Friday. Garbin, 26, of Hartland, was the first to plead guilty for his role in the plot in January 2021. If Garbin went to trial and was found guilty of conspiring to kidnap Whitmer, he could have been sentenced up to life in prison.
"Based on the government’s representations of substantial assistance provided to them by defendant; the Court’s independent assessment of the value of the assistance; the defendant’s response; and all other pertinent factors ... defendant’s sentence is hereby reduced from 75 months to 30 months," Jonker wrote.
Garbin and Kaleb Franks, who also pleaded guilty, both testified as government witnesses in each of the trials against the conspirators. The first trial, which concluded in April, resulted in no convictions after a jury found Daniel Harris and Brandon Caserta not guilty on all charged counts. That jury, however, could not reach a verdict for charges against Adam Fox and Barry Croft Jr.
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A retrial ended with guilty verdicts for Fox and Croft in August. The defense has appealed, after complaining about unruly jurors and arguing Jonker's conduct during the second trial was biased in the favor of government prosecutors. All filings related to the appeal have been sealed under Jonker's orders.
Garbin has been incarcerated since his arrest in an October 2020 sting, when the FBI arrested him and others implicated in the plot. Government prosecutors asked Jonker to reduce Garbin's sentence to 36 months. His lawyer, Mark Satawa, asked Jonker to free Garbin immediately in a filing Sept. 9, citing Garbin's cooperation with the government and his client being a "target" for extremists in prison.
A sentencing for Franks, who pleaded guilty in February, is scheduled for Oct. 6. Eight others face state charges for their roles in the plot.
Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.
This article originally appeared on Detroit Free Press: Judge reduces sentence for Whitmer kidnap plotter Ty Garbin
