A judge dismissed the most serious charge against a man accused of shooting an off-duty Washtenaw County sheriff’s deputy after the officer was accused of lying during testimony Friday.
Deputy Samuel Wallace, who was shot in the stomach during a struggle with Kim Hill at a Canton townhome May 1, testified he was not having a sexual relationship with Hill’s wife. But she contradicted him a few minutes later when she took the stand in 35th District Court in Plymouth.
The incident happened after Hill arrived at the house and found Wallace there with his estranged wife. The gun belonged to Hill, prosecutors said.
Judge Ronald Lowe said the conflicting testimony damaged Wallace’s credibility.
“He’s got caught flat-out lying,” an exasperated Lowe said.
Lowe then dismissed a charge of assault with intent to commit murder — a felony punishable by up to life in prison — against Hill.
Afterward, prosecutors added a charge of assault with intent to do great bodily harm — a 10-year felony — and Lowe ordered Hill bound over to Wayne County Circuit Court for a hearing May 21 on the assault and two weapons offenses. Hill, 30, remained jailed on 10% of $50,000 bail.
Lowe also questioned whether Hill intended to commit murder: “This is a classic Western movie wrestling match where the gun goes off.”
Assistant Wayne County Prosecutor Eric Sterbis, however, said: “If that wound is not an intent to commit murder, I don’t know what is.”
Defense attorney Ray Anthony Paige of Detroit said he believed Wallace had perjured himself in denying the relationship with Hill’s wife, and said he would ask the Prosecutor’s Office to investigate.
Wallace said surgeons had to remove his appendix and a piece of his small intestine following the shooting.
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