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Canton man sentenced to prison in beating death at Warren mental hospital

Detroit Free Press (MI) - 4/10/2014

April 10--"I'm sorry."

Those were the first of a few words said by Jajuan Whitlow today before he was sentenced to 13-30 years in prison in the beating death of Albert Potter last year at a psychiatric hospital in Warren.

"I was just trying to receive some help," Whitlow, 24, of Canton told Macomb County Circuit Court Judge Diane Druzinski as he stood before her in a blue jail jumper.

In a case deemed one of the most tragic today by the judge and both attorneys, a jury found Whitlow guilty but mentally ill of second-degree murder in the January 2013 assault of Potter, 80, of Chesterfield Township.

Potter was assaulted shortly before he was to be released from the Behavioral Center of Michigan, where he was being treated for depression after a year of helping his wife of 55 years, who was in and out of hospitals battling Stage 4 bone cancer.

The retired journeyman electrician then was supposed to reside in a room next to his wife at an assisted living center. Instead, authorities said, he was fatally beaten by Whitlow, who was placed in Potter's room a few hours earlier.

Potter died of blunt-force trauma a week later. His wife testified that she made the decision to remove her husband from life support.

During sentencing, Whitlow's attorney, Azhar Sheikh, said Whitlow was educated, employed and a homeowner before mental illness set in. He said Whitlow initially was deemed not competent but eventually was found competent to stand trial and that Whitlow consistently was found not criminally responsible during forensic testing.

"I think given all the circumstances, she went as far as she could," he said of the judge's sentence, adding that he was pleased with it and that his faith in the system is restored.

Assistant Prosecutor Bill Cataldo declined comment after the sentencing, where Whitlow also received 435 days credit for time served.

Druzinski said her downward departure from the sentencing guidelines -- which Sheikh said were nearly 19-31 years -- came for several reasons, including that Whitlow had an undiagnosed mental illness that wasn't diagnosed until later and that mental illness permeated the case.

She said the circumstances began when Whitlow thought his brother's game box was spying on him and he cut the cord. Police were called, but he wasn't arrested. He was taken to a hospital, where it was determined he had some sort of psychosis.

He was then transferred to the Warren hospital, which was supposed to protect and care for its patients.

"It did neither," Druzinski said.

She said Potter suffered "horrible life-ending injuries" and Whitlow's mental illness was a factor in the case from start to finish. She said the case was tragic for both families.

Druzinski said she wanted to respect the jury's verdict and it is her hope that the Potter family will "believe this is rightful justice." She said Potter and his family would have lived out his golden years "had this not happened."

She said Potter's family was unable to attend the sentencing, which was adjourned from a date in March because Sheikh challenged the sentencing guidelines.

A victim's advocate read a letter from Potter's son, who said his mother lost the love of her life in a "senseless, brutal beating."

The son wrote that Potter was loved by many, a friend to all and would give the shirt off his back. He said Potter, a Korean War veteran, collected stamps, coins and coffee mugs among other things.

Potter's son wrote that he wanted "rightful justice." He called Whitlow a "murderer" who brought pain his family, who is still haunted by the bruises they saw on Potter after the assault and the suffering Potter had before he died.

In his letter, read by the advocate, Potter's son said the pain is "something I would not wish on anyone."

Potter's son wrote that he remembered the lack of remorse Whitlow had and that he believes Whitlow was angry that he was locked up and took out his anger on a small, innocent man. He wrote that he hoped Whitlow would receive the maximum sentence and "not see the light of day."

Contact Christina Hall: chall99@freepress.com

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