A Warren woman charged in the January killing of her husband is now facing first-degree premeditated murder instead of second-degree murder, after a Macomb County district judge agreed with prosecutors that the evidence presented at a preliminary examination justified the escalation. Moriah D'Andrade, now 32, was already jailed on a $500,000 cash or surety bond when District Judge Michael Chupa upgraded the charge on August 21, moving her case toward circuit court trial on the most serious homicide charge available under Michigan law.
D'Andrade is accused of killing her 31-year-old husband, James Graham, inside the home they shared in Warren, according to CBS News Detroit. Warren police discovered Graham's body and D'Andrade together in the home on January 27, and she was arrested and arraigned three days later on charges of second-degree murder and tampering with evidence in a criminal case. As reported by MLive.com, the case has since been bound over to circuit court following the charge upgrade.
At her initial arraignment, Chupa set bond at $500,000 cash or surety and ordered that D'Andrade wear a steel cuff GPS tether if she were released, according to the same CBS News report. She has instead remained lodged in the Macomb County Jail throughout the case. The evidence tampering count against her falls under Michigan Compiled Laws 750.483a, which carries a potential sentence of up to 10 years in prison, a fine of up to $20,000, or both, per C & G Newspapers.
Why the Upgraded Charge Matters
The shift from second-degree to first-degree murder is not a technicality — it fundamentally changes what D'Andrade faces if convicted. Michigan's second-degree murder statute, MCL 750.317, gives judges discretion to sentence a convicted defendant to life or to a term of years with the possibility of parole. First-degree premeditated murder under MCL 750.316 eliminates that discretion entirely, mandating life imprisonment without the possibility of parole, according to the Neumann Law Group.
To secure a first-degree murder conviction, prosecutors must prove the killing was willful, deliberate, and premeditated — meaning D'Andrade had sufficient time to reflect on the decision before carrying it out, per the same legal explainer. Assistant Prosecuting Attorneys Elizabeth Abbo and Erica Hardy represented the Macomb County Prosecutor's Office at the August 21 preliminary examination and argued successfully for the escalation, according to the Macomb County Prosecutor's Office. What specific evidence persuaded Chupa to grant the upgrade, and the exact acts underlying the tampering charge, have not been detailed publicly.
D'Andrade is scheduled to be arraigned in Macomb County Circuit Court at 1:30 p.m. on September 8, where Circuit Judge Joseph Toia will preside, MLive.com reports. The 16th Judicial Circuit Court holds jurisdiction over felony trials bound over from Macomb County's district courts, handling formal arraignments once district judges find probable cause, according to Blank Law, PC.
Prosecutor Points to Domestic Violence Escalation
Macomb County Prosecutor Peter Lucido has repeatedly framed the case within the broader problem of domestic violence turning fatal. “Domestic violence can escalate into devastating and deadly circumstances, and these allegations underscore the serious consequences that can result,” Lucido said, according to MLive.com. His office has said it will pursue justice and accountability when violence occurs within a home.
Warren police launched a pilot program called Operation Cycle Break in May 2025, partnering with Wayne State University and the domestic violence shelter Turning Point Macomb to conduct rapid follow-up with domestic incident victims within three to 10 days of a reported incident, according to ClickOnDetroit. The program introduced lethal risk assessments intended to catch warning signs before violence escalates further.
Lucido has also pointed to broader systemic strain in the county's handling of domestic violence cases. He reported in November that Macomb County had seen more than 10,000 domestic violence cases dismissed over the preceding four years, according to CBS News Detroit. Statewide, Michigan law enforcement agencies record more than 68,000 domestic violence incidents affecting over 74,000 victims each year, with an estimated 80 to 100 domestic violence-related homicides occurring across the state annually, per the R Street Institute.
D'Andrade's case now moves toward circuit court proceedings under the far higher legal stakes carried by a first-degree murder charge. Her September 8 arraignment before Judge Toia will mark the next formal step in a case that has already shifted significantly since her arrest seven months ago.
-4.webp?w=160&h=400&fit=crop&crop=edges)