By ELIZABETH FERSZT
Contributing Writer
Joseph O’Rourke appeared at a continued Preliminary Exam on Thursday June 12, before Hon. Allison Bates, in the 12th District Court. The original exam was adjourned on Friday June 6 due to a possible self-incrimination issue with a witness for the defense.
The witness in question, Ricky D. Patterson, age 26, of Jackson, was hanging out with Emarion Flowers the day he was shot on May 16 at the Southridge Park Apartments. Patterson allegedly ran away when shots were fired, but allegedly returned to the scene possibly to pick up the gun fired by O’Rourke.
Before the questioning began, Judge Bates instructed Patterson to “stop speaking when an Objection is raised,” and to feel free to pause and ask his lawyer a question (off mic). Patterson was represented by attorney Daniel C. Willman.
Defense attorney Lucas Dillon questioned Patterson first about his relationship with the deceased, Emarion Flowers. Patterson stated that they grew up together and were friends. He also stated that he only knew of Joe O’Rourke.
Dillon took him through the events of that afternoon; Patterson said that he was visiting his sister and nieces who live at the apartments. He and Flowers decided to take a walk to the corner store to get drinks. They walked in silence and returned to the apartment without incident.
When back there, Flowers started walking toward a black SUV in the parking lot, and since they were together, Patterson said he just followed him. But he also walked away a bit, like about the distance of another parked vehicle. “I walked away but I could still see,” he said.
Flowers and O’Rourke were talking in a low tone, not arguing or shouting. “They were having a conversation just like we are now,” Patterson said to Dillon. Then, “in about two minutes” shots rang out and Patterson fled.
Dillon asked about the alleged gun or guns. “He (Flowers) was wearing shorts, so I assume he did not.” Patterson also stated that the shorts were Flowers’ sister’s shorts and that he “was pulling them up at the side” because they were too big: “She’s a little bit bigger than him…He was not reaching for a gun.”
Dillon then abruptly asked Patterson, “What gang was Flowers in?” Patterson responded, “I can’t tell you that.”
“Can’t or won’t?” Dillon challenged. “I can’t because I don’t know,” said Patterson.
Then Prosecutor Ethan Hull had his turn; he got Patterson to identify O’Rourke in the court, “He’s wearing orange,” he said.
Hull then requested a bind over to Circuit court. Dillon responded that “it’s a very serious and complex case, and is a self-defense case.”
Judge Bates then read from her prepared notes from the June 6 exam, including the timeline of shooting, the Jackson Police’s response, Officer Bradley Elston’s testimony, the video evidence (both surveillance and cell phone); as well as several 9 mm shell casings from the alleged murder weapon, and a glass bottle of lemonade dropped on the ground.
“Ricky Patterson was holding that bottle of lemonade,” Judge Bates said.
Judge Bates recounted that O’Rourke waived his Miranda rights upon first interrogation, when he was picked up at his own apartment at Springport Glenn in Blackman Township shortly after the May 16 incident. At first, he claimed to know nothing, but soon thereafter, O’Rourke confessed to shooting Flowers, but claimed that it was self-defense.
Judge Bates stated that, “It is not the call at a preliminary exam to present all the evidence nor make a determination of self-defense. The case will be bound over to be heard by a jury who can make that decision.”
According to Oakland County Deputy Medical Examiner, Dr. Bernardino Pacris, who regularly covers for autopsies in Jackson County, “Flowers was shot from front to back, damaging several vital organs. [He] had little chance of surviving.”
Dillon, said Flowers had a gun and a history of violence, including being a member of the “5630 gang.” In fact, Flowers had been paroled in January from MDOC, having served four years from a conviction for assault with intent to do great bodily harm, for a Dec. 2019 incident where he shot a woman in the leg while allegedly trying to shoot another person on MLK Drive on Oct. 9, 2019. Flowers pled guilty and was sentenced to 4-10 years; he was 16 years old when arrested and processed.
Chief Assistant Prosecuting Attorney, Nathan Hull said O’Rourke shot and killed Flowers to settle a long-standing rivalry.
Dillon argued O’Rourke was forced to defend himself, that Flowers had a gun in his waistband and placed his hand on it. Both parties tried to use video surveillance to show what happened, but trees and other cars obscured the view and were inconclusive.
In fact, Jackson Police Detective Steven Brooks “could not say for certain if what was picked up in the video was a gun.” But the video evidence does show a black SUV pulling into the interior parking lot of the apartment complex and dropping off a woman. It was established that the driver was O’Rourke, dropping off his girlfriend who lives there.
The video then shows Flowers and another man walking up to the driver’s side of the SUV. “About 11 seconds later, Flowers disappears, the other man runs away, and the SUV speeds off.”
“Police searched the area and recovered eight 9mm shell casings, a white, bloody T-Shirt cut from Flower’s body and his cell phone that had fallen under a nearby SUV,” said Officer Tyler Panther.
Photo by Elizabeth Ferszt
