“I always hoped that this crime would be solved because I think it’s been troubling to the entire community,” said state Rep. Mark Meadows, D-East Lansing.

But now, the suspect cannot be charged because of Michigan’s statute of limitations, which prevents some criminal cases from being prosecuted after 10 years, Ingham County Prosecutor Stuart Dunnings III said.

Thursday, state Sen. Rick Jones, R-Grand Ledge, announced Michigan’s Senate Judiciary Committee will review the statute on crimes such as kidnapping, assault with intent to commit murder, attempted murder and manslaughter.

Meadows, who also supports a review of the law, and Jones were incited to action after they heard Dunnings’ announcement.

“I just cannot imagine the pain of a mother or a father finding out that their child was killed, the perpetrator was caught, and they cannot get justice for their child,” Jones said.

D’Annunzio died Oct. 11, 2000, after being hit in the face, falling backward and cracking his head on the sidewalk outside of Buffalo Wild Wings, then called BW-3, 220 M.A.C. Ave.

A tipster came forward late last year after reading an article in The State News on the 10th anniversary of D’Annunzio’s death.

The individual was a second-hand witness and provided details on the identity of the potential suspect, although he did not see the alleged incident, Dunnings said.

East Lansing police began investigating the case again and were able to corroborate some of the information the tipster provided but did not speak with a first-hand witness, Dunnings said.

Dunnings determined the crime was a “textbook case” of manslaughter, not murder. Murder is not subject to the statute of limitations.

But even if the statute had not expired, Dunnings still would need to request further investigation before filing a case on the death of D’Annunzio because the tipster only provided hearsay and did not witness the event, he said.

When it comes to cases of violent crimes, Jones said Michigan’s statute of limitations are outdated, saving many criminals from facing the prosecution they deserve.

“With modern DNA evidence and other scientific evidence, it’s going to be easier to prosecute cold cases,” he said.

Jones said he would like to see the statute of limitations extended to 20 years, though he thinks experts’ opinions should be considered before a final change is made to the law.

Still, “there are policy reasons why the statute is the way it is,” Dunnings said.

After so many years, witnesses might be gone or difficult to find, making it a challenge to prosecute, he said.

For crimes other than murder, the statute is in place partly to protect the defense, Ron Bretz, a Thomas M. Cooley Law School professor, said in an email.

“The reason for these statutes is the idea that it is unfair to prosecute someone for a crime that took place so long ago that it is impossible to come up with a defense,” he said.

Meadows also called for the creation of legislation that would change the current policy.

The legislation would keep a 10-year statute of limitations in place, but it would not begin until a suspect had been identified.
“You would no longer, just by the fact of silence, be able to avoid prosecution,” Meadows said.

But for D’Annunzio’s family, there might not be hope to receive justice, even with new legislation, Jones said.

Still, other cases will be prosecuted, and justice will be served if legislation passes, he said.

“The (D’Annunzio) case might not be able to … be addressed (again),” he said. “But in the future, it could never happen again.”