MACOMB COUNTY, Mich. – The Macomb County prosecutor blocked the release of a man convicted of criminal sexual conduct with his 6-year-old niece and killing the family dog, officials said.
James Swain was scheduled to be released Sept. 26 after being sentenced to 10 to 25 years in prison in 2003. He was 25 years old when he pleaded guilty to one count of first-degree criminal sexual conduct.
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Swain has now been in prison for 15 years and is 40 years old. He has received 22 misconduct tickets since being locked up, including for assault and battery and threatening behavior, according to authorities.
Macomb County Prosecutor Eric Smith filed an emergency motion to appeal the parole board's decision to release Swain. Judge James Biernat ruled the board abused its discretion in deciding to release Swain.
"Friends and family provided this defendant with places to live," Smith said. "Yet, he repaid that kindness by committing criminal sexual assault against a 6-year-old child and killing the family dog. We are pleased with Judge Biernat’s ruling, agreeing with our assertion that Mr. Swain remains a serious threat to the public’s safety."
According to a 2018 assessment report, there were "areas of clinically significant concern" in Swain's "relationship stability and deviant sexual preference, and his poor problem solving skills and persistent interest in incestuous relations."
Swain was convicted of animal killing and torturing in 1997, when he was 19 years old.
The parole board could consider Swain for parole again this summer or appeal the decision to the court of appeals.