Lozen bound over on seven of eight felony charges
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ALPENA -- Shaun Lozen, 46, was bound over to the 26th Circuit Court on Tuesday following preliminary examination on seven of eight total felony charges in the 88th District Court in Alpena.
Lozen is charged with felonies of two counts of assault with intent to murder, five counts of assault with intent to do great bodily harm less than murder – strangulation, and one count of interfering with electronic communications. He is also charged with misdemeanors of one count of domestic violence aggravated and four counts of domestic violence.
Lozen's preliminary hearing began on July 1 and resumed on Tuesday.
The victim in the case took the witness stand and testified to six incidents of assault and domestic violence that Lozen allegedly committed. Five of those incidents involve felony charges.
The News does not name alleged victims of domestic violence.
The first incident of alleged physical abuse occurred on Oct. 1, 2021. The two were arguing and Lozen grabbed her by the neck and threw her on the floor.
Another assault occurred on Oct. 28, 2021, where Lozen allegedly held her by the neck. She said her head hit the stove and that Lozen said he was going to kill her.
On Aug. 30, 2024, the alleged victim described an incident of assault where she felt like she was actually going to die. She described it as the worst incident of abuse. Lozen beat her head into the hardwood floor and strangled her.
Tuesday's hearing began with cross examination by Lozen's defense counsel Deanna Kelley.
Kelley's line of questioning included asking about the alleged victim returning back to the home after an incident of assault and remaining in the relationship through all the alleged abuse.
She also asked questions to clarify what the alleged victim meant by "strangulation." The alleged victim testified that she had never lost consciousness from any kind of touching or behavior from Lozen.
Photographs were admitted as evidence that showed an outdoor bed that Lozen and the alleged victim had made to watch a football game the day after the Aug. 30, 2024 incident. Another photograph showed the alleged victim on a hike during Labor Day weekend. The alleged victim testified that she could see injuries on her right shoulder and the right side of her face in the photo.
Kelley said in her closing argument that the injuries were unclear in the photo. She argued that both charges of assault with intent to murder should not be bound over and the charge of interfering with electronic communications should also not be bound over.
Kelley said the alleged victim admitted by her own words that Lozen "didn't mean it," referring to the intent to murder, and she admits that by her actions by going back to the home with Lozen.
Kelley said there never was any communication with an electronic device and therefore that communication could not have been obstructed.
Alpena County Assistant Prosecuting Attorney Alyssa Miller argued that Lozen should be bound over on all eight felony counts.
Miller played an audio recording of Lozen and the alleged victim as evidence of intent to murder during the Aug. 30 incident where the alleged victim says "you're gonna kill me," and Lozen replies, "yep."
As for the charge of interfering with electronic communication, Miller said that during the Aug. 30 incident, the alleged victim tried to call 911 in the recording.
"The fact that he actually thought that she was calling and that he willfully and maliciously tried to prevent it, obstruct it, or delay it by any means would be enough to bind over," Miller said.
Judge Alan Curtis of the 88th District Court in Alpena ultimately decided to bind over all the felony charges except for the charge of interfering with communications.
Lozen's next hearing will be an arraignment in the Circuit Court in Alpena. The date is yet to be set for that hearing.