Free convicted Whitmer kidnap plotter now, defense team says

Ty Garbin, convicted of plotting to kidnap Gov. Gretchen Whitmer, deserves to be freed because he repeatedly testified as the government's star witness, helped convict the scheme's ringleaders and is a target of extremists behind bars, his lawyers argued Friday.

Garbin, 26, of Hartland Township earned the sentence reduction through "extraordinary cooperation" with the government, his lawyers Mark Satawa and Gary Springstead wrote in a court filing.

That cooperation includes testifying during two federal trials, including one that ended last month with ringleaders Adam Fox and Barry Croft convicted of kidnapping conspiracy and other charges, and continuing to help the Michigan Attorney General's Office prosecute 10 people facing state charges related to the kidnap plot.

The court filing Friday came two weeks after federal prosecutors asked U.S. District Judge Robert Jonker to shave three years off Garbin's 75-month sentence. Garbin has been in custody for almost two years.

"Garbin provided significant assistance leading to the convictions of Fox and Croft," Assistant U.S. Attorney Nils Kessler wrote in a court filing last month. "He remained forthright in admitting his part in the conspiracy, and did not minimize his culpability."

A three-year reduction would leave Garbin with about 15 more months in prison but his lawyers said he deserves to be released immediately.

"Mr. Garbin’s testimony at both trials was compelling, forthright and a critical part of the government’s case," his lawyers wrote. "Mr. Garbin’s testimony was a key in refuting the defendant’s assertions that they were framed or entrapped by the government."

Garbin was sentenced one year ago after pleading guilty to kidnapping conspiracy and has been shuffled among county jails since then while cooperating with federal prosecutors. He is currently incarcerated at the Van Buren County Jail, about 20 miles southwest of Kalamazoo.

Garbin faces "grave danger" if he is sent to federal prison, his lawyers wrote.

"The target that Mr. Garbin presents for extremists, prison gangs, or someone out to make a name for themselves cannot be ignored," Satawa and Springstead wrote. "The danger is real and will pervade everything Mr. Garbin does and everywhere he goes.."

Garbin is one of four people convicted in the kidnapping plot. Waterford Township resident Kaleb Franks admitted in February that he plotted to kidnap Whitmer. He is scheduled to be sentenced Oct. 6.

rsnell@detroitnews.com

Twitter: @robertsnellnews