BEULAH — Details from a bloody crime scene were revealed today, as well as some family dynamics, as the first day of a preliminary examination was held for Robert Michael Freebold, who is facing three charges of open murder in Benzie County.
The charges stem from a Nov. 20 incident at the Freebolds' residence at the northernmost end of Grand Street, in Elberta, in which Robert James Freebold, 27, and Marilyn Schultz Freebold, 63, were found fatally shot at the scene. Malachi Andrew Maloney, 20, was transported to Munson Medical Center, where he later succumbed to his injuries.
RELATED: Warrant issued, man arraigned in fatal Elberta shooting
Benzie County Sheriff's Office Deputy Joshua Rubin was the first on the scene after being dispatched to the area for a dropped 911 call, and the first law enforcement witness to testify during the hearing in Benzie County's 85th District Court.
According to Rubin, the door to the residence was partially open, where Robert Michael Freebold was found alive and clutching a cell phone. He would later be found to be suffering from a head wound, and transported to Munson Medical Center, where he recovered.
Rubin then said he observed other individuals on the floor of the house, and called for backup. Rubin said Frankfort Police Officer Kevin Jewell arrived on the scene moments after and put on protective gear before checking the back of the house. They then entered the residence from the front.
Both officers reported noted attempting to rouse and speak with Robert Michael Freebold. Unsuccessful, they turned to clearing the house. During this time, they said they found Robert James Freebold laying on the kitchen floor, apparently dead. A firearm was laying about a foot away from him. Marilyn Schultz was also found to be dead in the living room, near a sliding door that had been shot out. They found Maloney, slumped in a sitting position against a damaged wall, a revolver beneath his arm. The officers said he had "signs of life."
Later investigation would show two shots had been fired from the revolver.
Officers also describe the house to be in disarray, with furniture and Christmas decorations tipped over, and blood found all over.
Three bedrooms were also checked, and Rubin said one of the doors showed signs of being forced open, with damage to the door jamb and the striker plate on the floor. That bedroom contained a safe and another firearm, along with blood on the floor. Another contained several dogs. A third bedroom was said to have had blood on the floors.
Medical first responders arrived at the scene and checked the victims for signs of life. The elder Freebold and Maloney were taken to Munson Medical Center.
RELATED: Elberta man faces three counts of open murder
Emily VanBrocklin was also called as a witness. She was the daughter of Robert Michael Freebold and Marilyn Schultz, and sister to Robert James Freebold and Maloney. She had last seen her family members the day of the shooting. She said elder Freebold seemed "agitated." She also said Nov. 20 was the date of her deceased sister's birthday, Ginger Newbold, who had been murdered several years ago. VanBrocklin testified her father often was upset on that day.
VanBrocklin said she asked for money to help pay a legal fee, after which her father went to bed. Then she left the house. She said her father was a heavy sleeper, and often locked the door to the bedroom.
She also said Robert Michael Freebold had moved into the house that year, and had installed new locks.
During questioning by the defense, VanBrocklin said Maloney and her father had confrontations in the past, at least one of which turned physical, but she said Maloney was gentle and protective of his mother.
She testified that Robert James Freebold had been using methamphetamines and other drugs, but had been trying to "go clean." She said she did not think he was on drugs that day, but admitted she did not know for sure. VanBrocklin said he had anger control issues, and that he could be "scary" when high. She also said he had "manic" episodes before he began taking drugs.
The defense also questioned VanBrocklin on the type of video games the brothers played, and whether or not Maloney knew how to fire a gun.
She also said she was not aware of any guns in the household.
The defense also asked the law enforcement officers testifying if they could have contaminated or altered the crime scene as they walked through, or if medical first responders could have moved evidence or cross contaminated the scene as well.
Especially concerning to the defense was the removal of the gun found under Maloney, which was carried through the house, and then placed in a box outside. They also questioned whether medical first responders moving Maloney had taken measures to preserve the crime scene during his transportation.
They also wanted to know the time frame between when the officers first arrived and when the pictures were taken, speculating the crime scene could have changed since their original arrival.
The officers who were questioned on Tuesday said they had to do a sweep of the house first, and that trying to preserve the life of the victims was their number one priority. They said they couldn't wait for investigators to arrive first.
Later, the prosecution and the defense talked with a witness from the investigation team. The prosecutor asked questions about exhibits such as ammunition casings and bullet fragments. The defense asked whether or not genetic swabs of the weapons were taken, as well as other questions on how the investigation was conducted.
The case’s continued preliminary hearing had been scheduled to continue on Wednesday but the preliminary is now adjourned and pending lab results from Michigan State Police.
RELATED: Freebold preliminary moved to June
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