News Photo by Reagan Voetberg Judge Ed Black in the 26th Circuit Court in Alpena on Monday.

ALPENA — Gerald Arbuckle, 49, had a hearing on Monday in the 26th Circuit Court in Alpena that was originally scheduled as a sentencing for a murder charge from 1993.

The sentencing was adjourned however.

Arbuckle is convicted of second-degree murder, possession of a firearm in the commission of a felony, and possession of a short-barrelled shotgun.

The murder was committed on Dec. 4, 1993, The News reported previously. Arbuckle, 17 at the time, shot Gary Stevens, 36, of Alpena with a sawed-off .22 rifle causing his death. The incident occurred near the former Karpus-Hunter Funeral Home parking lot in Alpena.

Arbuckle was found guilty of all three charges in a jury trial in May 1995.

He originally received a sentence of life imprisonment with the possibility of parole for the second-degree murder conviction, two years in prison for the felony-firearm conviction, and three to five years imprisonment for the short-barreled firearm conviction.

In 2022, The Michigan Supreme Court held in People v. Stovall that parolable life sentences for second-degree murder are unconstitutional when imposed for an offense committed by a defendant before the age of 18. Arbuckle filed a motion for a relief from judgement after that ruling, and the trial court agreed that he was entitled to be resentenced.

Arbuckle ultimately received a new sentence of 37 to 60 years for the second-degree murder conviction, two years’ imprisonment for the felony firearm conviction (to be served consecutively to the 37-year sentence), and 3 to 5 years’ imprisonment for the short-barreled firearm conviction. That sentence was decided by Judge Ed Black in the 26th Circuit Court in Alpena on April 19, 2023.

Now he is set to be resentenced after a Michigan Court of Appeals ruling that Arbuckle was not properly advised of the consequences of waiving his right to an attorney at the 2023 sentencing.

Arbuckle was not present either via Zoom or in-person at Monday’s hearing, but prosecuting attorney Cynthia Muszynski and Attorney Bill Pfeifer discussed the case on the record with Judge Black presiding.

Judge Black said he received an email from the Court of Appeals indicating that they were retaining jurisdiction for considerations of emergency motions.

“So while they initially said they made a determination, it looks like they got an additional determination that they’re going to make,” Judge Black said.

Due to that decision, the court had to adjourn Arbuckle’s sentencing.

Additionally, there was an issue that the sentencing date was set too quickly, Muzsynski said as far she can tell.

Pfeifer said he has not been in contact with Arbuckle since the resentencing issue came up. He tried to contact Arbuckle at the prison the defendant is currently housed at and was advised that he is not an approved visitor on Arbuckle’s visitor list. Pfeifer reported that he has since received a voice mail from the correctional facility.

Black had wanted to discuss at Monday’s hearing whether Pfeifer would still be Arbuckle’s defense counsel, since Arbuckle has fired attorneys in the past.

“The reality is he’s been told three times in advance if he fired his attorney he wasn’t going to get another one because he had already fired two other ones,” Black said about Arbuckle. “For whatever it’s worth when we get him back, we’ll go through all the steps all over again; start from scratch.”

The date of Arbuckle’s next hearing is yet to be set.