Tracy acted in self-defense but was denied professional testimony to prove his innocence.
Sign the petition
Link copied!
Tracy Kanary defended himself against a drug-fueled vicious attack by a habitual violent criminal. The Attacker is recorded on surveillance video initiating the attack, punching Tracy in the head 10 to 12 times and putting him into a chokehold. Tracy escaped the chokehold and restrained the Attacker with a rear naked choke hold and began screaming for help. By the time police arrived, the Attacker had passed away.
Tracy was charged with ManslaughterDeath resulting from negligence, but the Bay County Prosecuting Attorney, Nancy Borushko, eventually increased the charges adding 2nd degree murder Intended to kill after friends of the Attacker circulated a petition requesting this. Tracy sat in jail for almost 4 years awaiting the 1st trial. The 1st trial resulted in a mistrial by a hung jury. In the 2nd trial, 1.5 years later, Tracy was found guilty of 2nd degree murder.
On July 1st, 2024, Tracy was sentenced to 22 to 36 years in prison, which was more than the guidelines set forth by the State of Michigan. Judge Joseph K. Sheeran reasoned in his sentencing that what started as an act of self defense, became intentional murder, as Tracy should’ve known better than to hold the attacker in a rear-naked choke hold for 6 minutes.
The Attacker, who initiated the aggression, hit Tracy in the head 10 to 12 times, and put Tracy in a chokehold, causing Tracy to fear for his life. This combination of events likely caused both traumatic brain injury and fight or flight syndrome to Tracy, both of which affects the ability to think rationally, and caused Tracy to not realize how much time had passed.
The Attacker was a known troublemaker, with a long criminal record including assaults, in and out of jail, with a cocktail of drugs in his system that likely contributed to his aggressive behavior at the time of the attack.
The jury never heard this information, because Tracy was denied professional witnesses and the judge did not allow some of it.
Help fix this miscarriage of justice
Tracy, who was being represented by a public defender at both trials, was told by both that he wasn’t allowed various professional witnesses due to budget approvals or acceptance by the Court. This is contrary to the State of Michigan claiming they have the best indigent People unable to afford an attorney defense in the country, where public defenders are supposed to have the access to funding for professional witnesses. There are several obvious professional witnesses that would have proved Tracy’s innocence.
A medical doctor specializing in brain injury could explain that head injuries can have a significant impact on an individual's cognitive function, including their ability to think clearly and make rational decisions. This is because head trauma can cause damage to the brain, disrupting its normal functioning. Tracy reports he was told there was no budget to bring in a medical doctor as a professional witness.
The import points the medical doctor would have made are as follows:
In this case where Tracy was punched in the head 10-12 times, it is highly likely that he sustained a traumatic brain injury (TBI). Even if there were no visible signs of injury (it should be noted that Tracy did have injuries to his face from the attacker) or loss of consciousness, repeated blows to the head can still cause significant damage to the brain.
In order to effectively communicate this to the jury, it would’ve been helpful to explain the medical basis for how TBI can affect cognitive function. This could include information about the different types of brain injuries, the symptoms of TBI, and how these symptoms can impact an individual's ability to think and make decisions.
It would’ve also been helpful to provide the jury with information about the specific mechanisms by which TBI can cause changes in cognitive function. This could include information about how TBI can disrupt the normal functioning of neurotransmitters, the electrical activity of the brain, and the structural integrity of the brain.
Finally, it would’ve been beneficial to provide the jury with examples of other individuals who have sustained TBIs and how these injuries have affected their ability to think and make decisions. This could help the jury to better understand the medical basis for why Tracy may not have been able to think clearly and make rational decisions after being punched in the head 10-12 times.
Here are a few well-known examples of professions that sustain traumatic brain injuries (TBIs) from repeated blows to the head and how these injuries have affected their ability to think and make decisions directly after the injury:
Professional boxers: Professional boxers are at risk for TBIs from repeated blows to the head during their fights. Some boxers have reported changes in their ability to think clearly and make decisions immediately following fights, including confusion, disorientation, and memory impairment. This highlights the potential for repeated blows to the head to cause immediate changes in cognitive function.
These examples would’ve been helpful in communicating to the jury the medical basis for why individuals who have sustained TBIs from repeated blows to the head may not be able to think clearly and make rational decisions directly after the injury.
It would’ve been helpful to explain to the jury that these examples demonstrate that even physically fit and well-trained individuals, such as professional boxers and military personnel, can experience significant changes in their ability to think and make decisions immediately following repeated blows to the head. This can help the jury to better understand why Tracy may not have been able to think clearly and make rational decisions after being punched in the head 10-12 times.
Football players: Football players are at risk for TBIs from repeated blows to the head during games and practices. Some players have reported changes in their ability to think clearly and make decisions immediately following games, including confusion, disorientation, and memory impairment. This highlights the potential for repeated blows to the head to cause immediate changes in cognitive function, even in physically fit individuals.
These examples would’ve been helpful in communicating to the jury the medical basis for why individuals who have sustained TBIs from repeated blows to the head may not be able to think clearly and make rational decisions directly after the injury.
It would’ve been helpful to explain to the jury that these examples demonstrate that even physically fit and well-trained individuals, such as professional boxers and military personnel, can experience significant changes in their ability to think and make decisions immediately following repeated blows to the head. This can help the jury to better understand why Tracy may not have been able to think clearly and make rational decisions after being punched in the head 10-12 times.
Military personnel: Military personnel are at risk for TBIs from repeated exposure to explosive devices. Some military personnel have reported changes in their ability to think clearly and make decisions immediately following exposure to explosive devices, including confusion, disorientation, and memory impairment. This highlights the potential for repeated blows to the head to cause immediate changes in cognitive function, even in individuals who are trained to respond to life-threatening situations.
These examples would’ve been helpful in communicating to the jury the medical basis for why individuals who have sustained TBIs from repeated blows to the head may not be able to think clearly and make rational decisions directly after the injury.
It would’ve been helpful to explain to the jury that these examples demonstrate that even physically fit and well-trained individuals, such as professional boxers and military personnel, can experience significant changes in their ability to think and make decisions immediately following repeated blows to the head. This can help the jury to better understand why Tracy may not have been able to think clearly and make rational decisions after being punched in the head 10-12 times.
A psychologist could have explained that when individuals are in a life-threatening situation, their psychological response is to engage in fight or flight behavior. This response is designed to help individuals protect themselves and survive the dangerous situation. However, this response can also lead to a state of hyperarousal, where the individual is unable to think clearly and make rational decisions. Tracy reports he was told there was no budget for this witness.
The important points the psychologist would have made are as follows:
In this case where Tracy was punched in the head 10-12 times, was put in a choke-hold and feared for his life, it is highly likely that he was in a state of hyperarousal when he escaped his attacker’s choke-hold and put the attacker in a rear-naked chokehold. This state of hyperarousal can result in a decreased ability to think clearly and make rational decisions, as the individual's focus is primarily on survival.
In order to effectively communicate this information to the jury, it would’ve been helpful to explain the psychological basis for how the fight or flight response can impact an individual's ability to think and make decisions. This could include information about the different components of the fight or flight response, such as hyperarousal and how it can impact cognitive function.
It would’ve also been helpful to provide the jury with examples of other individuals who have been in similar life-threatening situations and how their psychological responses may have affected their ability to think and make decisions. This could help the jury to better understand why Tracy may not have been able to think clearly and make rational decisions when he feared for his life.
Here are some well-known examples of individuals who have been in similar life-threatening situations and how their psychological responses may have affected their ability to think and make decisions:
Combat veterans: Many combat veterans have reported experiencing a state of hyperarousal and decreased cognitive function during combat, as their focus was primarily on survival. This can result in a decreased ability to think clearly and make rational decisions, even after the combat situation has ended.
These examples could’ve been helpful in communicating to the jury the psychological basis for why individuals in life-threatening situations may not be able to think clearly and make rational decisions. It is important to highlight that these psychological responses are not deliberate or voluntary, but are instead automatic responses designed to help individuals survive.
It would’ve been helpful to explain to the jury that these examples demonstrate that even well-trained individuals, such as police officers and military personnel, can experience a decreased ability to think and make decisions when they are in life-threatening situations. This would’ve helped the jury to better understand why Tracy may not have been able to think clearly and make rational decisions when he feared for his life.
Finally, it would’ve been beneficial to provide the jury with information about the factors that can contribute to hyperarousal, such as physical exertion, stress, and trauma. This could help the jury to better understand why Tracy may have been unable to think clearly and make rational decisions even after the attacker was subdued.
Police officers: Police officers are often placed in life-threatening situations and can experience a state of hyperarousal and decreased cognitive function in response to these situations. This can result in a decreased ability to think clearly and make rational decisions, even after the danger has passed.
These examples could’ve been helpful in communicating to the jury the psychological basis for why individuals in life-threatening situations may not be able to think clearly and make rational decisions. It is important to highlight that these psychological responses are not deliberate or voluntary, but are instead automatic responses designed to help individuals survive.
It would’ve been helpful to explain to the jury that these examples demonstrate that even well-trained individuals, such as police officers and military personnel, can experience a decreased ability to think and make decisions when they are in life-threatening situations. This would’ve helped the jury to better understand why Tracy may not have been able to think clearly and make rational decisions when he feared for his life.
Finally, it would’ve been beneficial to provide the jury with information about the factors that can contribute to hyperarousal, such as physical exertion, stress, and trauma. This could help the jury to better understand why Tracy may have been unable to think clearly and make rational decisions even after the attacker was subdued.
A Pharmacologist could’ve analyzed the medicines and toxins found in the attacker's system, and the prescription pill bottles found at the scene, to determine the effects on behavior and aggression from drugs taken or recently stopping a drug, and how that combination of drugs could contribute to respiratory distress. Tracy reports he was told there was no budget to allow this witness.
The important points the pharmacologist would have made are as follows:
Below is the analysis of the toxicology report and cross-referenced with the prescription medicines found in the Attacker’s personal property at the halfway house:
The presence of multiple medications and toxins in the Attacker's system, particularly those that can cause agitation, anxiety, and aggression, suggests that the Attacker may have been experiencing increased levels of aggression and hyperactivity at the time of the incident. Additionally, the fact that he had pill bottles of Trihexyphenidyl, Risperidone, Buspirone, and Citalopram (Celexa) in his possession suggests that he was prescribed these medications at the time of the incident.
The following medications were found in the Attacker's possession but were not listed in the toxicology report: Oxcarbazepine (Trileptal) 300mg, Citalopram (Celexa), and Naltrexone. If the Attacker was prescribed Citalopram medication and was not taking it at the time of the incident, it could have resulted in increased levels of aggression and hyperactivity.
The combination of medications and toxins found in the attacker's system, as well as the possibility that he was prescribed a medication that was not in his system at the time of death, could have contributed to his aggressive behavior and put Tracy’s life in real danger. Additionally, this combination of medications could have contributed to respiratory distress.
The addition of the Attacker's prescribing psychiatrist as a witness would’ve been crucial to the defense of Tracy. The testimony of the attacker's psychiatrist would have provided important information about the attacker's mental health, treatment history, and response to medications, which would’ve helped the jury to understand the extent to which the attacker's mental health and medications may have contributed to his aggressive behavior. Tracy reports he was told there was no budget for professional witnesses.
The import points that his prescribing psychiatrist would have made are as follows:
The testimony of the Attacker's psychiatrist would have been particularly relevant to the issue of causation, as the jury should’ve considered the extent to which the attacker's mental health and medications may have contributed to his aggressive behavior in order to determine whether Tracy acted reasonably and in self-defense.
The testimony of the Attacker's psychiatrist would’ve helped to establish this causal connection and would’ve provided critical evidence for the jury's determination of Tracy’s actions.
The addition of the Attacker's psychiatrist as a witness would’ve been imperative to the defense of Tracy to provide critical evidence to help the jury to fully understand the Attacker's behavior and the threat that he posed to Tracy's safety.
A Martial Arts/Combat Expert would have testified that Tracy could not have known the threat was gone, even if he were in a rational state of mind. Tracy testified he did not realize the Attacker stopped struggling, but even if he did - it would have been a danger to himself and others to release him. Attackers, when overwhelmed, can play ‘possum’ and wait for the defender to drop their guard, so they can surprise attack and finish the job. The Judge did not allow this witness.
Help fix this miscarriage of justice
We are not publicizing the Attacker’s name for the privacy of his family; though his name, his criminal record, and the toxicology report introduced at the 1st trial are all public record.
The Attacker had an extensive criminal record:
While it is unfortunate that the Attacker had violence and drug problems, Tracy, his family and friends are all still saddened by the loss of his life. We all wish the incident never occurred.
Tracy was born in 1968 in Saginaw, MI. He had a rough childhood, disconnected from his own father, and the recipient of substantial mental and physical abuse by various other males that should’ve been role models for him as a child.
Tracy found healthy role models in his teen years and discovered discipline that led him in a positive direction through the remainder of his teenage years, which kept him free of any drugs or alcohol.
Tracy then moved to Florida, where he eventually became a bounty hunter, assisting law enforcement in bringing criminals to justice. During this career, which was dangerous and stressful, Tracy began to use and later abuse alcohol. This began a downward spiral as Tracy’s alcoholism got worse. Tracy eventually moved back to Michigan, and repeatedly sought help for his alcohol addiction disease that he struggled with.
Eventually Tracy was successfully dry for months, but voluntarily checked himself into the halfway house to demonstrate to friends and family he was completely dry. It was at this halfway house where the attack and unfortunate outcome of events occurred.
Tracy with his sister Julie.
Tracy with his family.
Tracy with his dad Tom, a combat veteran of Vietnam
Tracy
Tracy with his girlfriend Julie.
Tracy was pleading and screaming for help throughout the time he was restraining the Attacker and waiting for help to arrive.
Why was a halfway house unsupervised, allowing this incident and unfortunate outcome?
Tracy did not intend to kill the Attacker, and did not realize how much time had passed while he was restraining him, due to fight or flight syndrome and traumatic brain injury. It should not even be considered a negligent act, since Tracy was afraid to release the Attacker, fearing for his life if he did, that the Attacker might finish the job and kill him.
It should concern every citizen if and when a prosecutor pursues a guilty verdict and a greater sentence over justice. It is already a miscarriage of justice that the expert corroboration of Tracy’s story was not allowed to be told to the jury.
This is the status of indigent People unable to afford an attorney rights in Bay County / Michigan, regardless of what the news headlines tell you.
There is not enough evidence for justification, reasoning or precedence that the Prosecuting Attorney, Nancy Borushko, would advocate for, or that Judge Joseph K. Sheeran would order such a harsh sentence, which was greater than the sentencing guidelines set forth by the State of Michigan.
The Judge has been asked to reconsider his sentencing or to declare a mistrial on August 26th, 2024.
We pray the Prosecuting Attorney, Nancy Borushko, will advocate for a substantially lower sentence and that the Judge, The Honorable Joseph K. Sheeran, will reconsider his ruling and declare a mistrial or order a substantially lower sentence.
Tracy doesn’t deserve this.
Let’s ask the judge to reconsider this miscarriage of justice. Tracy has already served enough time for an accident arising from the act of defending himself.
To the Honorable Joseph K. Sheeran,
Please do not allow this miscarriage of justice to take place in your courtroom because of a failure of the system to provide professional witnesses. We, as humble taxpayers, ask that you declare a mistrial or reduce Tracy Kanary’s sentence to credit for time served.
We ask this of you in the most honorable pursuit of truth and justice.
Sincerely,
Link copied!
