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Verdicts & Settlements

Man Convicted of Second-degree Murder after Causing Fatal Crash

— January 8, 2020

Driver receives murder sentence for causing a women’s death.

Judge Michael Servitto sentenced Marcel Bost of Detroit to 16 to 35 years in prison in Macomb County Circuit Court for killing a Warren woman in a crash that occurred during a police chase.  Bost had been convicted of second-degree murder for the November 2018 death of Emerita Albao, 71, who was struck Bost at an intersection.  She suffered blunt force trauma to her head, a broken pelvis and bruises to her arms and legs and died three days later.  Bost was caught shortly afterwards.

Servitto, a former assistant prosecutor, cited Bost’s “remorse” and called his comments in the case’s pre-sentence report “one of the most respectful, contrite statements that I have ever read” by a convicted criminal.  Thus, the defendant was given a sentence below what was recommended.

Man Convicted of Second-degree Murder after Causing Fatal Crash
Photo by Evgeny Tchebotarev on Unsplash

According to Servitto, Bost wrote, “I should be sentenced to what the judge feels like I deserve.  I broke the law.  I don’t have no (sic) right to make any recommendation.  I’m not the victim.  Someone else was victimized for my actions.”  He added, “I just want to apologize to the family.  If I could take it back, I would” and called his actions “something stupid that could’ve been avoided.”

The judge also stated that the defendant’s upbringing in foster homes most likely contributed to his empathy, particularly because his mother fell sick very young and couldn’t take care of him.  He may understand he gravity of unexpectedly losing a loved one.

“Life, and perhaps our society has, failed you in those respects (his upbringing),” he said. “This court’s sense of duty does not make it more palatable to continue your personal tragedy.  However, we are here due to your actions, and your actions have consequences.  No amount of fear [of being caught by officers] gave you the right to put the lives of everyone on the road at risk.  You may not have cared at that moment whether you lived died but I guarantee you Miss Balboa had a difference perspective at the time you rammed your car broadside into her car.”

Assistant Macomb Prosecutor Phil Jacques alleged the way Bost was driving on the day of the incident “made it inevitable there was going to be an accident, crash like this.” He said, “The defendant blew through six lights on a major roadway, in wet conditions, during the middle of the day.  He made no attempt to avoid hitting Emerita’s Kia.  He knew exactly what he was doing.”  Jacques added that right before the accident, Bost’s car also sideswiped a vehicle occupied by a family of five when he drove through a red light, prompting the chase.

“[The victim’s family] long for her as well,” Servitto said, adding “how much her family cared for her and she spent her life working as a registered nurse helping people, people who perhaps have been injured in similar circumstances.”  He said second-degree murder is a “harsh conviction for a fatal crash” but that it was “the correct verdict under the law” because the defendant “created a high risk of death or great bodily harm,” which constitutes part of the second-degree murder charge.  Bost has a prior criminal record, which includes armed robbery and unarmed robbery.


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