On March 26, 2004 Mikhiel Leinweber,"Mickey", first saw Heather Glover when she insisted on coming along with a mutual friend of theirs, Melissa Green.Melissa said that she had been letting Heather live with her,and according to Melissa they disagreed briefly about if she would let Heather tag along on that day.Mickey did not know Heather,and never spoke with her.(Modesto Bee March 30,2004-Glover stole vehicle her mother states)Michael Vickerman,who was also there, stated he and Heather had been smoking methamphetimine all day ,and that she had told him she was 21 and worked at a strip club. Heather stole Mickey's car keys off of the coffee table of the house they all had gone to, and then her and Michael stole Mickey’s car to drive around in.They then drove to a friends and then went by Heathers parent’s house (Mickeys car also contained his wallet, his cell phone and other personal belongings of Mickey’s).The friend was not home, and Heather's parents refused to allow her to stay at their home , according to Michael Vickerman. Mickey called his own cell phone, which Michael now had, from the house that he was at.When Mickey spoke to Michael in an attempt to retrieve his stolen vehicle, it was not a pleasant conversation,Michael then turned off the cell so Mickey was unable to talk to him at all. Michael Vickerman and Mickey barely knew each other,and Michael made some personal threats towards Mickey over the phone when Mickey was trying to retrieve his car and belongings back. As Michael was much older than Mickey, and had spent an extensive amount of time in jail , Mickey took his threats very seriously,and he had also observed that Michael had been armed earlier in the day. When Michael eventually returned to the residence with Mickey's car, Mickey showed Michael he also had a gun, and Michael put his hands up.Upon seeing this, Mickey placed the gun in his left hand (Mickey is Right handed and has physical limitations regarding the use of his left hand,which are medically documented) and opened Heathers door with his Right hand so she could get out of his vehicle. The seatbelt jammed as she was trying to exit the car. This was a common occurrence and Mickey, knowing this, reached with his Right hand to help Heather out of the car. While Mickey was attempting to help Heather exit the vehicle the seat belt jammed which caused a jolt. From the jolt Mickey lost control of the gun in his left hand and it went up in the air, as Mickey was trying to gain control of the gun, it accidentally discharged once. This was proven by the forensic expert witnesses.*Every witness at the scene also testified Mickey was in total shock and appeared dazed after the gun accidently discharged
That night Mickey panicked, and fled from the scene, as did Everyone else there that night. A choice he cannot change now.
ALL the witnesses who were present when the gun discharged testified at the trial that the shooting was an ACCIDENT. .
The prosecution secured a Wrongful First Degree Murder conviction based on attacking the credibility of Mickey’s attorney which was a violation of Mickey’s Constitutional Rights, as well as a severe breach in ethics of any officer of the law. Mr. Wildman, Mickey’s Attorney, filed a Motion for a new trial immediately following the verdict, and it was denied.The case is currently in the appellate courts.
*notes*In August 2006,also in Modesto,Ca.,23 yr.old Mick R.(who requested his full name not be used) shot and paralyzed 17 yr. old Michelle Dalrymple with a 9mm unlicensed handgun at the beauty college that they were both attending.The girl will live,but is now a paraplegic and confined to a wheelchair for life.The crime was charged as a "misdemeanor accident",and Mick received only 6 months total in county jail and probation.Mick R.had previously gone through the police academy,though he never was employed as an officer.At that time he was professionally trained in guns,and their use and safety.It is obvious the police and District Attorney are very biased, and pick and choose who to charge.Though they drastically overcharged Mickey, Mick R. basically walked away,though the circumstances were very similar.*In July 2008 ,at the Old Fishermans Club in Modesto,while skeet shooting at the range there, an unidentified man shot fellow shooter,William Hermann 71, in the head and killed him.The local authorities immediately declared it was an accident,and no charges have been filed.The shooters name has not been released.
*In September 2000,David Hawn,a special weapons and tactics officer with the Modesto Police, accidently shot 11 yr old Alberto Sepulveda in the back and killed him.According to the Stockton Record, Hawn had also accidently shot and killed a man the year before.Hawn was cleared of the shootings and never charged,and has since promoted to the rank of Detective.The City of Modesto paid out "2.55 Million dollars" to Alberto Sepulvedas parents.As of 2011 the city of Modesto was posted by Forbes as the 4th worst place to live in the USA.
Mickey was sentenced to 111 years for an accidental shooting, that should have been charged, at the very most, as involuntary manslaughter. The appeals process is just beginning,this is a long and lengthy process through the court system.Mickey and his family will stay strong, and continue to fight this wrongful conviction through the courts.
Mickey Leinweber is not trying to "get off" regarding this alleged crime. He has always accepted responsibilty for the accident that day. Throughout his trial he, and all the witnesses, called it what it was... an ACCIDENT. Mickey would like to serve the correct sentence for the accident. All he is asking for is a fair and just sentence that is appropriate for what accidently occurred .