EAST TAWAS – Following his arraignment in Iosco County’s 81st District Court last month, East Tawas resident Mark David Elliott, 63, has been scheduled for two subsequent court appearances.
He is facing one misdemeanor count of a moving violation causing death. If convicted as charged, he could be sentenced to one year in jail and/or costs of $2,000.
According to courthouse staff, Elliott is set for a jury status conference at 9 a.m. on Monday, May 3. He is then scheduled for a jury trial at 9 a.m. Friday, May 14.
As previously reported, Elliott was driving his pickup truck near US-23 and Tawas Beach Road in East Tawas, on the afternoon of Aug. 31, 2020.
Dohnovan Xzavier-Lloyd Newcome, 16, Oscoda, was also riding his bike in the area at that time. As Newcome was crossing Tawas Beach Road, Elliott struck him with his vehicle while making a left-hand turn onto the same road.
Newcome was fatally injured during the incident.
Multiple witnesses advised police that Newcome had the right-of-way and, as he was making his way across the road, he did so within the two white lines of the crosswalk – also as the sign was lit up to indicate that he could cross.
It was on Nov. 12, 2020, when the Michigan State Police (MSP) say that they received the medical examiner’s findings for this incident, which then allowed the MSP to complete their report. The information was sent to the Iosco County Courthouse, along with a warrant request.
Following this, Iosco County Prosecuting Attorney James Bacarella requested that the state Attorney General’s office assign an independent prosecutor to handle the case.
He explained that, because he is a client of the suspect’s business, he felt that there was no way he could handle the case without the appearance of impropriety. He believed that the parties involved deserved to know that this matter is being handled by an independent prosecutor who has no direct ties with any of the individuals involved in the case.
On Dec. 22, 2020, Bacarella’s office was informed that Alcona County Prosecuting Attorney Thomas J. Weichel had been appointed to this case.
A warrant for Elliott’s arrest was authorized by Weichel on Jan. 25, after which he posted a $500 cash bond for his release.