Judge tosses plea agreement for DUI driver after FOX 2 story

DETROIT (WJBK) - A Wayne County Judge has dismissed a plea deal for a 34-year-old man who killed a 12-year-old and 16-year-old two years ago while under the influence of alcohol.

Mlinzi McMillian was speeding off I-75 in 2014 when he hit a semi-truck near Oakland and Holbrook in Detroit. In the car were his 12-year-old son and a 16-year-old, both were killed. Last month, a plea deal was reached that landed him 5 years probation - and not a single day in jail. He also did not lose his license.

During his sentencing on Wednesday, judge Cynthia Gray Hathaway said the defense tried to fool the court by withholding the suspect's record. She also said she saw the story on FOX 2 and that gave her the information she needed to dismiss the plea agreement.

"The court has been made aware of the defendant's prior record," Hathaway said. "I feel like the court has been deceived

Jude Hathaway was presented with his traffic records but did not know about his six prior felonies and seven misdemeanors. He had originally been charged in the case with two counts of driving under the influence causing death and reckless driving causing death.

"This is not the kind of court that could have given a sentence evaluation of five years probation and one year in the Wayne County Jail," Hathaway said. "I see six prior felonies, seven prior misdemeanors. I was shocked."

Jalen's grandmother, Gladys Shaw, told Taryn Asher last month the sentencing was not fair.

"I don't think it's fair at all and two kids are dead," Shaw said. "That's not justice."

McMillian's attorney said the charges for driving under the influence causing death were thrown out because blood alcohol results were inconclusive. They were able to make this probation deal, because the mother of both of the deceased children support it.

The judge says the report caused her to look deeper into McMillan's past and on Wednesday threw out the plea deal, and ordering at least a 100-thousand dollar bond, paying 10 percent.

"No bond should be low on someone with 6 felonies and 7 misdemeanors."

Judge Hathaway said she would not honor the sentencing evaluation and gave him the chance to withdraw his no contest plea - which he did.

MORE: Driver in crash that killed two kids given probation

"I would like to thank Ms. Asher for everything she has done for me," Shaw said her grandson will finally get the justice he deserved. "The Judge changed her decision and found out she didn't have the right information, and she got the right information from FOX 2 news."

He'll be back in court on June 13.