Marvin Charles Gabrion

Rachel Timmerman and her daughter, Shannon, who was never found

By Judy Reed

Marvin Charles Gabrion, convicted in the 1997 slaying of Rachel Timmerman, of Cedar Springs, and sentenced to death, will not get an “emergency” psychiatric review to determine his mental functioning.

Gabrion’s attorneys sought the order as part of a claim to show Gabrion’s trial lawyers were not up to standards. They also questioned whether he was “even competent to be executed.”

U.S. Judge Robert Holmes Bell rejected the request. “The Court is reticent to enter an order allowing an expert to evaluate Defendant without some showing that such an examination is necessary,” wrote Bell. “Defendant has not provided an affidavit indicating circumstances that warrant further inquiry.”

U.S. Attorney Timothy Verhey wrote that there is no emergency in this case, and that there is no basis for a fourth mental assessment. Gabrion has been evaluated three times previously, and found competent.

Gabrion is on death row at a federal penitentiary in Terre Haute, Indiana.

Although Michigan does not have the death penalty, Gabrion was sentenced to death by lethal injection, because Rachel’s body was found on federal land, in the Manistee National Forest.

Prosecutors believe Gabrion murdered Rachel to keep her from testifying that he raped her the previous fall. The rape trial was set to begin within days of her disappearance.

Rachel disappeared from her father’s house in Cedar Springs in June 1997. She had told her father she was going on a date with a man named John Weeks, who had been calling her. He asked her to bring her 11-month-old baby, Shannon, along with her. Weeks was reportedly calling Rachel at the request of Gabrion.

Her body was found in Oxford Lake, in Newayo County, weighted down by cinder blocks, on July 5, 1997. Her daughter, Shannon, was never found. Gabrion reportedly told inmates that he killed the baby, too.

Gabrion is suspected of killing at least three other people—including John Weeks, who disappeared shortly after the crime and was never seen again.

Rachel’s father, L.C. (Tim) Timmerman and his brother, John, have written a book that tells the story of Rachel and Shannon’s disappearance and Gabrion’s subsequent arrest called The Color of Night. The book can be found on Amazon in both hard cover and as a kindle e-book.

Scott Hammer, 51, the live-in boyfriend of Danielle Scholten-Linderman, 29, reportedly burned the woman’s farmhouse in Sheridan that they had been renovating, after he allegedly killed her in a struggle in Spencer Township, Wednesday, October 23. Post photo by L. Allen.

One of the most deadly crimes that took place this year was one in which a man allegedly killed his live-in girlfriend, set their house on fire, and then committed suicide weeks later while at the Kent County Correctional Facility.

Scott Allen Hammer was arrested October 23, after he allegedly killed Danielle Scholten-Linderman, 29, at a home on Lincoln Lake Avenue, in Spencer Township, where they had been staying with friends. The couple was staying there while renovating their home in Sheridan. Police said that sometime early that morning a struggle had taken place between the couple that resulted in Danielle’s death. Hammer then fled the home and went to their farmhouse at 3360 Wise Road, in Sheridan, Montcalm County, and set the house on fire. Montcalm County Sheriff deputies then apprehended Hammer without incident.

Hammer was charged with murder and lodged at the Kent County Jail. He was found dead in his cell on December 10.

In other deadly crime news, a former Sand Lake man was found guilty and sentenced in May to life in prison in the double slaying of an Eaton County couple.

Christopher Allen Perrien, 39, was sentenced to life in prison without the possibility of parole in the deaths of Michael Greene, 62, and his wife, Terri, 46.

Michael Greene was a retired state police detective. He had been shot five times, and his body was reportedly posed. His wife’s body was found in the pond behind their home.

Perrien reportedly committed the murders while out on work release. He was convicted and sentenced on a property crime on September 1, 2011 in Eaton County, and was granted work release by the court, despite a long criminal history. He had lied to the court about having a job.

In an ongoing story known to many longtime area residents, the U.S. Sixth Circuit Court of Appeals handed down a decision last spring affirming the death penalty for Marvin Charles Gabrion II, convicted in 2002 in the 1997 kidnapping and drowning death of 19-year-old Rachel Timmerman, of Cedar Springs.

The Court upheld the conviction and sentencing 12-4.

Although Michigan does not have the death penalty, Gabrion was sentenced to death by lethal injection, because Rachel’s body was found on federal land, in the Manistee National Forest. Rachel’s 11-month-old daughter, Shannon Verhage, was with her at the time of her disappearance, and has never been found.

The family of another area woman killed by an estranged boyfriend in 2012 found justice in November. Robert Michael Munsell, 30, of Ionia, pled guilty to second-degree murder in her death of his former girlfriend, Julie Danielson, 31, of Pierson. Montcalm County Sheriff’s deputies found the body of Danielson, when they responded to a domestic disturbance on Whitefish Woods Drive in Pierson Township about 3:58 a.m. Saturday morning, November 17, 2012. Munsell had reportedly called it in, saying that he had had an altercation with another man at the home, then left.

Police said his story was inconsistent, and that he was covered with blood. He finally confessed that he went to Danielson’s home and they argued. When she pushed him toward the door to leave, he slapped her and she fell to the floor and went unconscious.

Munsell then said he panicked, went upstairs and got a knife, and then went back downstairs and cut her throat. He said gave her a hug before he left, which explained the blood on him.

Danielson has twin sons, who were not home at the time of the murder.

Munsell was sentenced to a minimum of 37 years and 6 months, and a maximum of 75 years.

Marvin Charles Gabrion II

The U.S. Sixth Circuit Court of Appeals handed down a decision last week affirming the death penalty for Marvin Charles Gabrion II, convicted in 2002 in the 1997 kidnapping and drowning death of 19-year-old Rachel Timmerman, of Cedar Springs.

The Court upheld the conviction and sentencing 12-4.

Although Michigan does not have the death penalty, Gabrion was sentenced to death by lethal injection, because Rachel’s body was found on federal land, in the Manistee National Forest.

Prosecutors believe Gabrion murdered Rachel to keep her from testifying that he raped her the previous fall. The rape trial was set to begin within days of her disappearance.

Rachel Timmerman and her daughter Shannon.

Rachel disappeared from her father’s house in Cedar Springs in June 1997. She had told her father she was going on a date with a man named John Weeks, who had been calling her. He asked her to bring her 11-month-old baby, Shannon, along with her. Weeks was reportedly calling Rachel at the request of Gabrion.

Her body was found in Oxford Lake, in Newayo County, weighted down by cinder blocks, on July 5, 1997. Her daughter, Shannon, was never found. Gabrion reportedly told inmates that he killed the baby, too.

Gabrion is suspected of killing at least three other people—including John Weeks, who disappeared shortly after the crime and was never seen again.

Rachel’s father, L.C. (Tim) Timmerman and his brother John have written a book that tells the story of Rachel and Shannon’s disappearance and Gabrion’s subsequent arrest called The Color of Night. The book can be bought at Schulers, or ordered from either Amazon or Barnes and Noble.

One of Gabrion’s arguments in his appeal was that his lawyers were not allowed to tell the jury that if Gabrion had been tried in state court, he would only face a life sentence instead of a death penalty. But the court said Michigan’s lack of that punishment was not a mitigating factor to argue in a death penalty case.

Gabrion also argued that the court was biased in favor of pro-death penalty jurors. However, Gabrion did not object to any of the jurors that sat on the case.

For a complete account of the Court of Appeals decision and facts in the case, click link below…

Gabrion Court of Appeals opinion.pdf

Marvin Gabrion

Rachel Timmerman and daughter Shannon

The man found guilty of killing a Cedar Springs woman may not escape his death sentence after all.
The Sixth Circuit Court of Appeals threw out the decision that one of their three-judge panels made in August, when they overturned the death sentence for Marvin Gabrion, 57.
Gabrion was convicted in 2002 for the 1997 kidnapping and drowning death of Rachel Timmerman, 19, of Cedar Springs. Although Michigan does not have the death penalty, Gabrion was sentenced to death by lethal injection, because Rachel’s body was found on federal land, in the Manistee National Forest.
In August, a three-judge federal appeals panel upheld his conviction but overturned the death penalty on the grounds that the trial judge, Robert Holmes Bell, should have allowed lawyers to tell the jury during the sentencing phase in 2002 that Gabrion would not have faced death if he had been tried in a state court.
However, a majority of the 16 judges on the Sixth Circuit of Appeals threw out that decision last week. The full court will now revisit the sentencing phase of the trial.
Rachel disappeared from her father’s house in Cedar Springs in June 1997. Her body was found in Oxford Lake, in Newayo County, weighted down by cinder blocks, on July 5, 1997. Prosecutors believe Gabrion murdered Rachel to keep her from testifying that he raped her the previous fall. The rape trial was set to begin within days of her disappearance. Her daughter, Shannon, who was 11 months old at the time, also disappeared, and was never found.
Rachel’s father, L.C. (Tim) Timmerman and his brother John have written a book that tells the story of Rachel and Shannon’s disappearance and Gabrion’s subsequent arrest called “The Color of Night.” The book can be bought at Schulers, or ordered from either Amazon or Barnes and Noble.