Courtesy: Hillsdale Daily News / Corey Murray atcmurray@hillsdale.net
HILLSDALE — “My actions absolutely constitute a horrendous display of behavior.”
Mark Russel Shemwell, 45, appeared in the 1st Judicial Circuit Court Monday, June 24, for sentencing after pleading guilty to accosting a child for immoral purposes on Friday, May 17.
Owning up to his wrongdoing, Shemwell said that at the time he was caught “sexting” a man posing as a minor online he was under duress of mental health issues that he is now working to get under control.
“He’s extremely remorseful for what he’s done,” Shemwell’s attorney, Kimm Burger said. “He had been having some mental health issues prior to this.”
Judge Sara Lisznyai, turning to sentencing in the matters, said, “I have a sexual predator in our community who has been caught.”
While Shemwell does not have a prior criminal record, his actions constituted a “grave danger” to the public because his business (Shemwell’s Academy of Martial Arts in Jonesville) granted him regular access to minors.
With advisory sentencing guidelines set at zero to six months (due primarily to a lack of criminal record whatsoever), Lisznyai found reason to exceed advisory guidelines and impose a one year jail term, doubling the guidelines.
Burger objected to the strong-handed sentencing and advised the court she would have Shemwell sign an application for leave to appeal the decision Monday.
Shemwell will also be subjected to five years of felony probation, the maximum allowed by law, and must register as a Tier 2 sex offender.
Lisznyai also ordered that he have to contact with anyone under 17 years old.
Charges of using a computer to commit a crime were dismissed pursuant to a plea bargain in the matters.
Shemwell was arrested Jan. 23 in front of his business in Jonesville after being confronted by members of Exposing Predators of Innocent Children — an Indiana-based network dedicated to outing would-be child predators on live social media — in a Facebook Live post that instantly went viral.
In the Facebook video, Shemwell first admitted to sexting a “15-year-old girl” and making arrangements to meet with her to have sexual intercourse. The victim turned out to be an adult male with the EPIC group working as a decoy.
The Jonesville Police Department responded to Shemwell’s gym and the EPIC group turned over transcripts of text messages with Shemwell proving his guilt and Shemwell was taken into custody.
The Hillsdale County Prosecutor’s Office issued a statement following Shemwell’s plea hearing May 17, asking the public to not privately engage in attempts to catch supposed predators on the internet.
In 2019, the Michigan Attorney General’s Office released a statement indicating they would not pursue cases brought forth by vigilantes targeting suspected child predators on the internet, calling it “reckless and dangerous for residents to take matters into their own hands.”
Efforts by private individuals can interfere with the ability to protect communities as protocols in place must be used during these types of sting operations.
— Contact Reporter Corey Murray atcmurray@hillsdale.net or follow him on X, formerly Twitter: @cmurrayHDN.
1 Comment
Okay dude needs to be punished!!
BUT Worthless political hack of a judge!!!! Loser, arrogant BITCH! There are laws for a reason. “So See You Next Tuesday”. You get it judge or are you not that bright, or just too arrogant. See=C You=U Next=N, got it judge???
I don’t wish to be rude, nor do I, want to downplay the seriousness of an offense. But arrogant judge. Apparently the maximum sentence was legislatively determined,!!!
If you as an arrogant bitch, want stiffer penalties, rin for the legislature!!! Doubtful that you would get elected, ” as an arrogant biased bitch”. Or don’t you like my ‘ free speech “??? O you want to judicially restrict that? Arrogant Bitch,!!!!