By ELIZABETH FERSZT
Contributing Writer
Several defendants in two high-profile murder cases from last year appeared in court Friday, June 12, for various hearings and motions.
Jackson County Circuit Judge John McBain presided over the proceedings in 4th Circuit Court. He first called co-defendants Jemel Milton, 35; Bryan Johnson, 42; and Phillip Gauze, 40, who appeared by Zoom from the Jackson County Jail for a technical and procedural update in their case.
McBain said the hearing was “largely a scheduling matter” and asked attorney Alfred Brandt for an update. Brandt had filed a motion to suppress with the 4th Circuit earlier this year, which McBain denied. Brandt appealed the decision to the Michigan Court of Appeals.
“Our application for leave to appeal for the motion to suppress has been accepted,” Brandt told the court, meaning the Court of Appeals is considering whether evidence found at Gauze’s house April 20-21, 2025, should be suppressed based on what Brandt argued was a faulty search warrant and affidavit.
Brandt is being replaced by attorney William Amadeo of Ann Arbor because of Brandt’s imminent retirement. Attorney Phillip Winter appeared by Zoom on Amadeo’s behalf for the hearing. Nicholas Klaus, attorney for Johnson, also appeared by Zoom.
Assistant Prosecutor Stormi McGee asked the court for a control date to avoid further postponing the jury trial. Attorney George Lyons, who represents Milton, joked that “the COA moves at glacial speed.”
McBain set a control date conference for 9 a.m. Aug. 14, “to see if we have an opinion from the COA.”
Milton, Johnson and Gauze are accused of killing John Lusch, 45, of Marshall, on April 20, 2025, at Gauze’s house in the 900 block of Orchard Place during an alleged illegal drug exchange.
McBain heard several other criminal and felony cases before calling the murder case against co-defendants Dion Flowers Jr., 29; Montez White, 27; and Tyrek Rice, 26. The three are accused of shooting Anthony Owens, 44, in the early morning hours of May 17, 2025, at a house on Lincoln Court, just outside the Jackson city limits. Three other people — Kenneth Avant, 63; Randall Hurst, 44; and Michael Gant, 42 — were seriously wounded by gunfire during the same incident.
Attorney James King, who is replacing Brandt as counsel for Flowers, appeared by Zoom. Attorney David Carter, who represents Rice, and attorney Adam Clements, who represents White, appeared in person. White also appeared in person. Flowers appeared by Zoom from the Jackson County Sheriff’s Office, and Rice appeared by Zoom from the Michigan Department of Corrections.
Clements told the court he had filed several motions on behalf of his client, including a motion to modify bond to seek White’s release pending trial, a motion in limine and a motion to quash.
“We need to set a motion filing schedule” or hearing date, Clements said.
Chief Assistant Prosecutor Ethan Hull agreed with defense counsel and told McBain, “I anticipate that all three defendants will be filing motions for their Fourth Amendment search-and-seizure rights,” indicating prosecutors will have to defend their search warrants and procedures.
Hull also said his office had not yet completed a “phone dump” of data from the defendants’ cellphones, including call detail record data that can show where a phone was when a call or text was received.
Carter also said he had not received outstanding discovery from the prosecution. Hull agreed, saying, “There is some outstanding discovery not yet shared” with defendants and their attorneys.
“I would also anticipate a Daubert motion” involving expert witnesses who may be called by prosecutors, King added.
McBain then gave Clements, Carter, King and Hull “45 days for a motion hearing and oral arguments.”
The parties settled on Sept. 18, for all motions, with a separate hearing date yet to be scheduled on Clements’ bond motion for White.
After an April 6, 2026, preliminary examination for the three defendants, the key takeaway was that the Lincoln Court shooting was a case of mistaken identity. Authorities said it was an attempt at retaliation for the shooting of Emarion Flowers, 22, the brother of defendant Dion Flowers Jr., the day before. Joseph O’Rourke, 22, was accused in that shooting, which happened on Warwick Court, a small street within Southridge Park Apartments in Jackson.
On May 31, 2026, O’Rourke pleaded to third-degree murder/manslaughter. He is scheduled to be sentenced by McBain at 9 a.m. Aug. 12.
