CARLY LEWIS - 16 yo - Traverse City MI

TRAVERSE CITY -- Friends and family continue to pray for the safe
return of a missing Traverse City teenager as the third week of her
disappearance begins with no word on the girl's whereabouts.

Carly Lewis, 16, was last seen around 5:30 p.m. on June 2 leaving a
friend's apartment near her job at Luigi's Pizzeria & Cafe on Munson
Avenue near Northwestern Michigan College.



She reportedly stopped at the nearby Glen's Market on Eighth Street
around that time. After that: Nothing. Family said she even left her dog
at her friend's apartment apparently intending to return.

Since then, the region been peppered with missing person fliers, a
Facebook group used as a clearinghouse for tips is surging past 3,500
members, detectives have chased down leads around multiple northern
Michigan counties and there's still no answer to the mystery.

Friends say they don't think it's a runaway situation, but the family holds out hope that it's not something more serious.

"I want to believe that she went somewhere with a friend," said her
father, Todd Lewis. "Maybe she's scared or in hiding, or that person
believes that they will get in trouble."

Traverse City Police consider Carly an endangered missing person. She
has been entered into national law enforcement networks as a missing
juvenile.

A $2,500 reward for information that leads to Carly whereabouts is being offered through Silent Observer.

She was last seen wearing a pink tank-top with black leggings, and a
gray and white North Face jacket, according to friends, which she has
lots of, said Lewis, who described his daughter as "very social."

Because of the wide social network, police have expanded their search
to several of the surrounding counties, even as far southeast as West
Branch.

"At this point we'd be satisfied to just know if she's OK," said
Lewis, adding that anonymous contact with a note could be linked to
Carly with handwriting samples.

The family held a prayer vigil at the Open Space waterfront park downtown on Saturday night.

Carly has a recently graduated brother, Mitchell, 18, and a mother, Susie Lewis. Her parents are divorced.

Todd Lewis said the family has been active on Facebook, where the "Help US Find Carly Lewis" page has been the site of several fleeting mentions of possible sighting.

Hundreds of posting express solidarity with the family, offer
possible explanations for the disappearance, and extol Carly to return
if she's able.

One woman posted that her daughter, who also went to the same school
as Carly -- Traverse City High School, known locally as the
"alternative" school -- went "on the run" about 10 days ago.

"We don't know what to believe at this point," said Lewis about the Facebook page, "It's just gotten so big."

"Several people have said they've seen her, but none that have talked to her."

Carly turns 17 on Wednesday. Lewis described his daughter as an
animal lover who was always bringing home pets for the family to adopt.
Her dog, Yoda, hasn't left his side since she went missing.

Anyone with information about Carly's whereabouts is asked to call the Silent Observer tip line at 231-947-8477.http://www.mlive.com/news/grand-rapids/index.ssf/2011/06/friends_family_pray_for_safe_r.html

Body recovered; suspect facing murder charges
by Roxanne Werly
Posted: 06.14.2011 at 10:33 AM
Updated: 1 hr, 25 mins ago

TRAVERSE CITY -- UPDATE: Investigators have recovered a body and a suspect is in jail facing Open Murder charges in the disappearance of 16-year-old Carly Lewis.

Police recovered the body behind the Department of Public Works building on Woodmere Avenue. The body was in a pile of sand used for winter road maintenance.

Investigators are awaiting positive identification of the body, but say through the course of questioning Tuesday, a Traverse City man confessed to killing Carly.

Police say the man knew Carly and that this was not a random act.

Carly was last seen June 2. She would have turned 17 Wednesday.

More details on the investigation are expected to be released Wednesday morning.



http://www.upnorthlive.com/news/story.aspx?id=629517

In this late breaking news, a man has confessed to killing Carly Jean
Lewis, the 16-year-old from Traverse City, Michigan who has been
missing since June 2, 2011.
Carly's body was recovered behind the Dept. of Public Works building on Woodmere Avenue in a pile of sand used for roadwork.
There has not been a positive ID of the body, but a man has confessed to killing Carly.
Continue reading on Examiner.com Carly Jean Lewis: Man confesses to her murder - National missing persons | Examiner.com http://www.examiner.com/missing-persons-in-national/carly-jean-lewis-man-confesses-to-her-murder#ixzz1PJeNVuUf

Thank you "Guest" for bringing us an update.

This is such a tragic ending.

TRAVERSE CITY — Police confirmed today that a body they recovered from
a sand pile at a public works site is that of a 16-year-old girl who
went missing in early June.Traverse City police Capt. Brian
Heffner told the Associated Press that Carly Lewis' body would undergo
an autopsy on Thursday at a Grand Rapids hospital. Her body was found
Tuesday evening outside a public works building after police say a
17-year-old boy told investigators he killed her.
The teen was
jailed on a preliminary charge of suspicion of murder, and Heffner said
he may be arraigned later today, which would have been Lewis' 17th
birthday. He said the teens knew each other.
Police said would
not identify the teen until after he's arraigned. They said he agreed
to a polygraph examination at a Michigan State Police facility in
Grayling and later told officers he killed Lewis.
The teen's attorney, Clarence Gomery, did not immediately respond to a phone message today seeking comment.
Lewis
disappeared June 2 after leaving a friend's home, and police considered
her an endangered missing person. Her disappearance sparked a search of
Traverse City and nearby communities in the northwestern Lower
Peninsula.
Heffner said investigators believe Lewis died the
evening she disappeared, and that no one else was involved. He told the
Traverse City Record-Eagle today that investigators believe the
17-year-old boy killed her in a small, vacant metal building, and that
he moved her body to the sand pile two days later.
Heffner said it's the second killing in Traverse City this year.
Family
and friends embraced her mother, Susie Lewis, Tuesday evening outside
her home. She said she took some relief from the knowledge that her
daughter likely died the same night she disappeared.
"This is the only good thing that she didn't suffer for all these days," Susie Lewis said.
http://www.freep.com/article/20110615/NEWS06/110615008/Traverse-City-police-Missing-teen-s-body-found-sand-pile?odyssey=nav|head

The lawyer for a 17-year-old boy who police say admitted to killing a
16-year-old girl in Traverse City says his client called it an
"accident."
Attorney Clarence Gomery says Robert Schwander is "distraught" and
assisted police in recovering Carly Lewis' body, which was found Tuesday
night in a sand pile at a public works site.
Detectives say Schwander murdered 16 year old Carly Lewis June 2, the
same day her family reported her missing. Police say the two went to an
abandoned hut where he was living at least some of the time. They
quarreled and he killed her.
The exact connection between victim and suspect is not clear.
"Both individuals grew up in Traverse City and knew each other through
grade school and high school," says Capt. Brian Heffner of the Traverse
City Police Department. "Not necessarily 'hang out together' friends but
they knew of each other."
Police say Schwander became their prime suspect after he made
inconsistent statements to investigators. They say he agreed to take a
lie detector test, and that led to a confession.
"Once some discrepancies started coming up in his story, we felt it was
necessary to get him over for a polygraph exam to find out how truthful
this individual was being," said Capt. Heffner. "He failed the
polygraph exam and our investigators sat down with him again. He ended
up confessing to the detectives he had killed her and buried her."
Schwander is the son of a Grand Traverse County Sheriff's deputy. After
confessing to the crime, detectives say the teenager led them to the body,
buried in a sand pile at a public works department lot.
"Unfortunately the worst case scenario panned out," says Capt. Heffner.
Schwander is expected to be arraigned Thursday.

http://www.wzzm13.com/news/article/168943/2/Police-Deputys-son-killed-Traverse-City-teen

My motive nose is itching.
This is a pure and simple case of unrequited love.
He loved her, she just wanted to be friends. He made the mental jump to that age-old motive...
"If I can't have you...blahblahblah"
Rejection>Rage>Homicide

July 1, 2011

Detectives seek motive in Lewis slaying

BY ALEX PIAZZA

TRAVERSE CITY —
A stabbing wound killed Carly Lewis, but the investigation continues to determine what provoked her slaying.

Traverse City police Detective Sgt. Joseph McCarthy said Thursday that investigators have yet to pinpoint what prompted the slaying of Carly, 16, on June 2.

"We have not dismissed any possibility of a motive, nor have we narrowed the focus to a particular motive," McCarthy said.

Suspect Robert Jensen Schwander, 17, apparently removed several items from Carly's home, where he briefly lived a few weeks before the slaying, and McCarthy would not say whether police believe an altercation occurred between Schwander and Carly over those items.

http://record-eagle.com/local/x999477639/Detectives-seek-motive-in-Lewis-slaying

Murder case involving Traverse City teen is rescheduled

Posted: 07.27.2011 at 4:03 PM

TRAVERSE CITY -- The court proceedings of a murder case in Traverse City are being rescheduled due to a backlog at the Michigan State Police crime lab.

Robert Jensen Schwander, 17, is charged with the murder of Carly Lewis. Carly's body was found June 14 buried in a sand pile on property owned by the Traverse City Department of Public Works. Investigators say Schwander killed her in a vacant building where he was living and moved her body to the sand pile.

Last Thursday the final conference was rescheduled because Schwander's attorney and the Grand Traverse County Prosecutor are still waiting for crime lab reports from the State Police. The hearing originally was set to take place on August 12 and the trial was set to begin on August 31. Now the final conference will take place on August 31 at 8:00 a.m. and the new trial date will be announced soon.

Schwander is being held without bond.


http://www.upnorthlive.com/news/story.aspx?list=~\home\lists\search&id=645040

08/29/2011 NJT NOTICE OF JURY TRIAL (RE-NOTICED FROM AUG 31-SEPT
22) OCT 19-21 & 25-28, 2011 @ 8:30AM/TGP

http://online.co.grand-traverse.mi.us/iprodp/cccriminad.cgi?casekey=00000193940

Schwander rejects plea deal offer in murder case
by Lauren Amstutz
Posted: 10.07.2011 at 8:06 PM
Updated: 10.10.2011 at 5:45 AM


TRAVERSE CITY -- A final conference was held Friday for Robert Jensen Schwander, the teen accused of killing 16-year old Carly Lewis.

Schwander was in court as was the Lewis family.

Both the defense and the prosecutor told the judge that after reviewing jury questionnaires, they are confident that Schwander could get a fair trial in Traverse City.

The prosecution also offered a plea deal to reduce the charge to 2nd Degree Murder. That would give Schwander the possibility of parole where 1st Degree Murder does not. Schawnder declined the offer.

The trial will start on October 19th with jury selection, and attorneys said in court that opening statements could also start that day.

Investigators believe 16-year old Carly Lewis was killed in a small, vacant metal building off Woodmere Ave. in early June. They say Schwander moved her body to a sand pile behind a public works site a couple days later.

A pathologist testified at a preliminary hearing that Lewis was stabbed ten times.


http://www.upnorthlive.com/news/story.aspx?id=672119#.Tp7OR95ax5s

Murder trial begins for Robert Schwander

TRAVERSE CITY -- UPDATE 8:45 a.m.

Jury selection is underway in the murder trial of Robert Schwander. 7&4's Lauren Amstutz is in the packed courtroom for day one of the trial.

The Prosecution and Defense teams are questioning the first 60 potential jurors. There is a total of 180 possible jurors to pull from in the pool. Both sides are confident a jury of 12 will be seated today.

Schwander is charged with first degree murder in the death of 16-year-old Carly Lewis. Carly was last seen alive on June 2. Friends told police she was supposed to meet a classmate at Glen's grocery store in Traverse City, but never arrived.

On June 14 investigators found the teenagers body in a sand pile off Woodmere Avenue. Police say Robert "Jensen" Schwander, a person Carly trusted, led them to the location.

On June 16 Schwander was arraigned. He pleaded not guilty to First Degree Murder. In the months to follow, Schwander's defense team requested a change of venue for the trial. The request was denied.

Now, more than four months after Carly was reported missing, Schwander will stand trial. It's expected to last 7 days.

To see a timeline of events click on the video player above.

7&4 News will be in the courtroom throughout the proceedings and will bring you all of the latest details.

http://www.upnorthlive.com/news/story.aspx?id=676332#.Tp7O8N5ax5v

Robert Schwander murder trial: Day 2
Posted: 10.20.2011 at 2:25 PM

TRAVERSE CITY -- The jury continues to hear emotional testimony on the second day of Robert Jensen Schwander's murder trial.

Traverse City Police Sgt. Joe McCarthy took the stand and told jurors that Schwander's dad, who is a Grand Traverse County Deputy, brought his son in for another round of questioning after investigators noted some discrepancies in his first interview with police.

Sgt. McCarthy said he's known the Schwander family for 20-years. Schwander began to cry as Sgt. McCarthy played a recording of the teen confessing to kill Carly Lewis.

Sgt. McCarthy held back tears as he told the jurors he couldn't give a positive identification of Carly Lewis at the morgue because of her injuries and the decomposition of her body..

Schwander led police to a sand pile near the public works building were he told them he buried the body.

This afternoon Dr. Stephen Cohle, a Forensic Pathologist from Grand Rapids testified that Carly was stabbed before she died and that he found little evidence that she was strangled.

In opening arguments Wednesday the defense told jurrors they had evidence that showed the probes used to find Carly's body caused the stab wounds and that Schwander had strangled Carly during an argument.

The testimony continues this afternoon. 7&4's Lauren Amstutz is in the courtroom and will bring us the latest details on the trial coming up on 7&4 News at 5, 6 and 11.

http://www.upnorthlive.com/news/story.aspx?id=676891#.TqCQl95ax5s

Robert Schwander murder trial day 3
Posted: 10.21.2011 at 12:23 PM

TRAVERSE CITY -- The jury continues to hear testimony on the third day of Robert Jensen Schwander's murder trial.

Schwander is accused of killing 16 year old Carly Lewis in June.

On Friday morning a local teacher testified that he exchanged letters with Schwander and even visited him in jail. He said that Schwander talked about evil spirits taking over him.

Schwanders close friends tearfully testified against him telling the juror he asked them to lie about his whereabouts during the 2 weeks Carly Lewis was missing.

Even though the prosecution is not finished with it's witness testimony, the defense was allowed to call its medical examiner to testify.

Washtenaw County Chief Medical Examiner, Dr. Bader Cassin testified that the stab wounds found on Carly's body did not kill her, and that it is possible she was strangled. That counters the prosecution's claim that Carly died from one of the ten stab wounds found on her body.

7&4's Lauren Amstutz will be back in the courtroom when the trial picks back up on Tuesday.

http://www.upnorthlive.com/news/story.aspx?list=194414&id=677360#.TqQtNt5ax5s

Robert Schwander murder trial day 4
Posted: 20 mins ago

TRAVERSE CITY -- On day 4 of the Robert Schwander murder trial the prosecution continued to present its case by calling the crime scene investigator to the stand

Thomas Holcolmb testified this morning that those probes used by search crews to search for Carly's body in the sand pile could have caused the wounds found on her body. Holcolmb also testified that no fingerprints were found on the scissors that were found on the scene and could have been used kill Carly.

In cross examination the defense criticized Holcolmb for only taking 16 pictures of the body and 179 of the crime scene.

On Friday a local teacher testified that he exchanged letters with Schwander and even visited him in jail. He said that Schwander talked about evil spirits taking over him.

Schwander's close friends tearfully testified against him telling the juror he asked them to lie about his whereabouts during the 2 weeks Carly Lewis was missing.

Even though the prosecution is not finished with it's witness testimony, the defense was allowed to call its medical examiner to testify.

Washtenaw County Chief Medical Examiner, Dr. Bader Cassin testified that the stab wounds found on Carly's body did not kill her, and that it is possible she was strangled. That counters the prosecution's claim that Carly died from one of the ten stab wounds found on her body.

http://www.upnorthlive.com/news/story.aspx?id=678580#.TqbS995ax5s

How sad, may she rest in peace now :(

Robert Schwander murder trial day 4
by Lauren Amstutz

TRAVERSE CITY -- After four days of testimony, the prosecution rested its case.

Robert Jensen Schwander, the teen accused of killing Carly Lewis took the stand in his own defense.

Dressed in a light green shirt, Schwander calmly told jurors he killed Carly, and that it was an accident. From there, it was back to the beginning. Schwander explained that he became homeless after his parents kicked him out of the house in December for sneaking out late at night.

Schwander testified that living on his own was difficult. He said he moved from friend's home to friend's home and even spent the night in a homeless shelter. He said he lost 15 pounds because he wasn't getting enough food.

He also told jurors that one family kicked him out after they found a bong in the home. Schwander knew Carly's brother Mitchell, and eventually moved into the Lewis home. Schwander said at first he and Carly didn't get along, but that they eventually became friends, and even smoked marijuana together.

Earlier Tuesday, Thomas Holcolmb, a crime scene investigator testified that he was the one using a probe at the crime scene to help find Carly's body. He testified that it was likely the probe put holes in the garbage bag Carly was wrapped in. Holcolmb also testified that no clear fingerprints were found on the scissors that were found on the scene and could have been used kill Carly.

In cross examination the defense criticized Holcolmb for only taking 16 pictures of the body wrapped in a plastic bag and 179 of the area around the crime scene.

Nicole Graham, a forensic scientist with Michigan State Police testified that Carly's blood was found on scissors found at the scene but not on a knife that Schwander had in his possession.

The prosecution rested its case shortly after 11 a.m.

On Friday a local teacher testified that he exchanged letters with Schwander and even visited him in jail. He said that Schwander talked about evil spirits taking over him.

Schwander's close friends tearfully testified against him telling the juror he asked them to lie about his whereabouts during the two weeks Carly Lewis was missing.

Even though the prosecution hadn't finished with it's witness testimony, the defense was allowed to call its medical examiner to testify.

Washtenaw County Chief Medical Examiner, Dr. Bader Cassin testified that the stab wounds found on Carly's body did not kill her, and that it is possible she was strangled. That counters the prosecution's claim that Carly died from one of the ten stab wounds found on her body.

Robert Jensen Schwander will be back on the stand Wednesday morning to finish his testimony.

http://www.upnorthlive.com/news/story.aspx?id=678580#.TqgYRt5ax5t

Robert Schwander murder trial day 5
by Lauren Amstutz
Posted: 10.26.2011 at 10:55 AM

Schwander found guilty of second degree murder

TRAVERSE CITY -- The jury has reached a verdict in Robert Schwander's murder trial. Schwander was found guilty of 2nd Degree Murder. Sentencing has been scheduled for November 18th.

--------------------

The Defense rested its case Wednesday morning. During Robert Schwander's testimony, he told the jury that an argument with Carly Lewis got physical on June 2. The teen told the jury they were fighting and at one point he put Carly in a "Half Nelson" until her knees buckled.

Schwander also testified that he buried Carly in a 2 1/2 foot shallow grave between the hut he was living in and the St. Vincent building. He said he moved her body after a week from that grave to near the sand pile where her body was found.

---------------------------

Robert Jensen Schwander, the teen accused of killing Carly Lewis is back on the stand Wednesday and is expected to tell the jury his account of what happened the day Carly died.

Schwander began is testimony on Tuesday afternoon.

Dressed in a light green shirt, Schwander calmly told jurors he killed Carly, and that it was an accident. From there, it was back to the beginning. Schwander explained that he became homeless after his parents kicked him out of the house in December for sneaking out late at night.

Schwander testified that living on his own was difficult. He said he moved from friend's home to friend's home and even spent the night in a homeless shelter. He said he lost 15 pounds because he wasn't getting enough food.

He also told jurors that one family kicked him out after they found a bong in the home. Schwander knew Carly's brother Mitchell, and eventually moved into the Lewis home. Schwander said at first he and Carly didn't get along, but that they eventually became friends, and even smoked marijuana together.

Earlier Tuesday, before resting its case the prosecution called Thomas Holcolmb, a crime scene investigator to the stand.

He testified that he was the one using a probe at the crime scene to help find Carly's body. He testified that it was likely the probe put holes in the garbage bag Carly was wrapped in. Holcolmb also testified that no clear fingerprints were found on the scissors that were found on the scene and could have been used kill Carly.

In cross examination the defense criticized Holcolmb for only taking 16 pictures of the body wrapped in a plastic bag and 179 of the area around the crime scene.

Nicole Graham, a forensic scientist with Michigan State Police testified that Carly's blood was found on scissors found at the scene but not on a knife that Schwander had in his possession.

On Friday a local teacher testified that he exchanged letters with Schwander and even visited him in jail. He said that Schwander talked about evil spirits taking over him.

Schwander's close friends tearfully testified against him telling the juror he asked them to lie about his whereabouts during the two weeks Carly Lewis was missing.

Even though the prosecution hadn't finished with it's witness testimony, the defense was allowed to call its medical examiner to testify.

Washtenaw County Chief Medical Examiner, Dr. Bader Cassin testified that the stab wounds found on Carly's body did not kill her, and that it is possible she was strangled. That counters the prosecution's claim that Carly died from one of the ten stab wounds found on her body.

http://www.upnorthlive.com/news/story.aspx?id=679024#.Tqlxb95ax5s

Family of slain girl face murderer in court
by Lauren Amstutz
Posted: 11.18.2011 at 8:23 PM

TRAVERSE CITY -- A Traverse City teenager will spend no less than 40 years in prison for killing Carly Lewis.

Judge Thomas Powers sentenced Robert Jensen Schwander, 18, to at least 40 years, but not more than 70 for the crime. According to sentencing guidelines Schwander could have faced 13 and a half years to life in prison.

During Friday's hearing Carly's mom, dad, and brother all read statements. Schwander also read a statement before Judge Powers handed down his sentence.

Susie Ooley Lewis tearfully says, "You cheated everyone Jensen, her grandparents, aunts, uncles, the whole community mourns for her. Jensen I feel so betrayed, I took you into my home on a cold winter night you had nowhere to go. I opened my heart to you."

Todd Lewis says , "You Jensen, are every parent's worst nightmare. A coward, the lowest of low, a child killer. You threw my daughter's life away like it was garbage to rot."

Schwander was found guilty of 2nd Degree Murder last month. Carly Lewis, 16, was found dead in a sandpile in Traverse City in June.

Schwander's attorney, Craig Elhart tells 7&4 News that he will file an appeal. He says the reason is because the judge's sentence more than tripled what the guidelines recommended.

http://www.upnorthlive.com/news/story.aspx?id=688476#.Tsp-3WPWx5s

$3.75 million wrongful death settlement reached with family of slain Traverse City girl

March 16, 2012 - 11:08 am

TRAVERSE CITY, Mich. — A $3.75 million wrongful death settlement has been reached between the family of a Michigan girl and the young man convicted of fatally stabbing her.

The Traverse City Record-Eagle reports (http://bit.ly/wg3FWP)
Friday the agreement resolves a civil lawsuit filed against 18-year-old
Robert Schwander by the family of 16-year-old Carly Lewis.

It's unclear how much of the money the family will get.
It's to primarily be paid by tribal trust fund money for Schwander, a
member of the Grand Traverse Band of Ottawa and Chippewa Indians.

A judge in November ordered Schwander to 40-70 years in
prison, more than three times the minimum recommended under state
guidelines. Police said Schwander killed the Traverse City girl in June then buried her in a sand pile. He was convicted of second-degree murder.

http://bit.ly/wg3FWP

Grand opening of Carly's Playground, a memorial for murdered teen girl

by Kate Fox

Posted: 06.10.2012 at 3:33 PMTRAVERSE CITY -- The community came together Saturday to remember the life of a Traverse City teenager who was murdered and to raise money for a special memorial in her honor.

16 year-old Carly Lewis was murdered in June of 2011, it was a tragedy that sent shock-waves across all of northern Michigan.

On Saturday, community members celebrated the grand opening of an 18- hole
disc golf course called Carly's Playground at Mt. Holiday in Traverse
City.

Family and friends honored Carly's
memory at the opening and also raised funds to make sure that this new
playground will be around for years to come.

Michigan Blood was also at the grand opening on Saturday and was donating $10
dollars to the Carly Lewis Playground, for every person that gave blood.

http://www.upnorthlive.com/news/story.aspx?list=~\home\lists\search&id=764021#.T9UovMUkZpg

February 15, 2013

Judge trims Schwander's sentence by 2 years


Carly Lewis .... Robert Jensen Schwander



TRAVERSE CITY — A local judge grudgingly trimmed a convicted killer’s prison sentence by two years to comply with a Michigan Court of Appeals ruling.

A Grand Traverse County jury in October 2011 convicted Robert Jensen Schwander, now 19, of second-degree murder.
Schwander killed Carly Lewis, then 16, in a hut on Beitner Street in Traverse City on June 2 of that year.

Circuit Judge Thomas G. Power sentenced him to a minimum of 40 years in prison, nearly double the highest minimum sentence called for under state sentencing guidelines. The Michigan Court of Appeals recently told Power he failed to explain why he exceeded the guidelines, and ordered him to either do so or re-sentence Schwander.

Power in a ruling released this week reduced Schwander’s minimum sentence to 38 years.

“The undersigned is hopeful that this substantial reduction in the defendant’s sentence will prove satisfactory to the Court of Appeals,” he wrote in the ruling.

Power in his ruling rejected the assertion that he needed to better explain his departure from the guidelines. He said he provided two “substantial and compelling” reasons for departing from the guidelines during Schwander’s initial sentencing.

First, authorities said Schwander stabbed Carly during a heated argument, and some testimony suggested she survived for a
period of time after the stabbing. Power said Schwander’s failure to help her as she died was despicable.

“This is a particularly cruel and soulless scene evidencing depravity,” he wrote.

Power also pointed to the fact that Schwander, who was kicked out of his home, lived with Carly’s family for a time before the murder.

“They provided a home and support for him, a man to whom they owed no duty, at a time when he was in desperate need,” he said.

“Their reward was defendant’s unprovoked hatred of their daughter which culminated in her murder.”

Sentencing guidelines use a series of variables to determine a convicted person’s sentence. Those variables include a person’s prior offenses, the circumstances surrounding the crime and several other factors. A judge has the power to depart from the
guidelines if he or she determines there is a reason to do so, but has to explain why.

Schwander’s attorney, Craig Elhart, said he doesn’t believe the appeals court will be satisfied with Power’s reduction. The court could put another judge on the case or take other action, he said.

Susie Lewis, Carly’s mother, said she was under tremendous stress when she learned Schwander’s sentence might be reduced.
“I’m relieved,” she said. “Two years is not so bad.”

Grand Traverse County Prosecutor Bob Cooney has the option to appeal the reduction. He said Friday his office hadn’t yet made a decision on the matter.

http://record-eagle.com/local/x1525014667/Judge-trims-Schwanders-sentence-by-2-years

Schwander to get new sentence in Carly Lewis slaying


State Court of Appeals

(April 12, 2013)

Associated Press

8:09 a.m. EDT, April 12, 2013

TRAVERSE CITY, Mich. (AP) — A young man convicted of fatally stabbing a teenage girl in Michigan's northern Lower Peninsula and burying her in a sand pile will get a new sentence, according to the state Court of Appeals.

An order earlier this month said 19-year-old Robert Schwander's sentence will be vacated and he'll be resentenced by another judge, the Traverse City Record-Eagle reported. A new judge will handle the case to "preserve the appearance of justice," the order said.

Grand Traverse County Circuit Court Judge Thomas Power earlier this year trimmed two years off Schwander's sentence after the Court of Appeals told Power he failed to explain why he exceeded the minimum recommended under state guidelines.

The Court of Appeals said, however, that the sentence trimming was done in a manner inconsistent with mandated procedures.

A jury found Schwander guilty of second-degree murder in the 2011 death of 16-year-old Carly Lewis of Traverse City. Power initially sentenced Schwander to 40-70 years. Power said he already explained the sentence and declined to explain his decision to the appeals court.

http://www.petoskeynews.com/news/pnr-schwander-to-get-new-sentence-in-carly-lewis-slaying-20130412,0,4135335.story

Too bad Carly can't appeal her sentence. She was executed by this monster.

NONE OF THESE MURDER VICTIMS CAN. THE GUY LOOKS DISTURBED AS ALL THE OTHER MURDERERS DO. THEY TRY TO JUSTIFY WHAT THEY DO AND I WONDER IF THEIR PARENTS SCREWED THEM UP, I DON'T KNOW. I KNOW I WONDER THAT WITH JAYDEN, IF THE GUY THAT KILLED HER WAS DISCIPLINED IN THE MANNER THAT HE SAID HE WOULD DISCIPLINE JAYDEN. WHAT A TRAGIC THING TO ALL THESE PEOPLE YOUNG AND OLDER. I CAN'T PUT INTO WORDS THE HEARTACHE.