Michigan Criminal Lawyers Blog

November 21, 2013

Two Arrested Following Meth Bust at Vacant Hartford Apartment

Recently, two individuals were arrested after Van Buren County Sheriff’s Office narcotics detectives searched a vacant Hartford apartment, according to a news article at Mlive.com. The narcotics detectives searched the vacant apartment at the request of the property owner.

Upon searching the vacant residence, detectives discovered eight hydrochloric gas generators, three active one-pot meth lab reaction vessels, and other components used in the manufacturing of methamphetamines, according to a news release. Police obtained a search warrant for another residence at the same property located on Marion Avenue, where they found meth-smoking paraphernalia and a small amount of methamphetamine.

While investigating at the apartments, police noticed a vehicle which had expired tags pull out of the property; the vehicle was pulled over, and the driver arrested for driving with a suspended license. The Hartford man is 27 years old, and facing potential charges of operating and maintaining a meth lab. He was incarcerated at the Van Buren County Jail. An 18-year-old woman was also arrested by police on a warrant for failure to appear in court on a marijuana possession charge in Berrien County.

The sheriff’s office also reported that an 18-year-old Hartford man and a 37-year-old Hartford woman who were not arrested at the time will be charged with meth possession.

Drugs are a serious problem in Michigan, and across the U.S. As law makers continue the “war on drugs,” police and prosecutors vigorously pursue those suspected of possessing, manufacturing, or distributing illegal drugs and narcotics. Some of these illicit substances include methamphetamine, cocaine, heroin, and marijuana. In their over-zealous pursuit, many individuals who were in possession of a certain type of drug find they are facing charges of possession with intent, which results in harsher penalties than simple possession if convicted.

November 20, 2013

Big Rapids Township Resident Busted for Meth Manufacturing

by Scott Grabel

Kevin Lee Tucker, a 54-year-old Big Rapids Township man, was scheduled to return to court on November 19 on multiple charges related to the manufacturing of methamphetamines. Tucker’s home was raided on November 13 by CMET (Central Michigan Enforcement Team), who had secured a search warrant.

According to news reports, deputies with the Mecosta County Sheriff’s Department obtained information regarding the alleged meth lab in October; this information led to an “intensive investigation,” according to police. Tucker was allegedly manufacturing methamphetamines using a method which is fairly uncommon, and known as the Red Phosphorous Method.

Neighbors in the Big Rapids Township community were said to be shocked that such activity was going on in their neighborhood. Police seized evidence, although news reports did not reveal what that evidence was. Neighbors reported that meth making components were being taken from a barn on the property.

Tucker faces charges which include manufacturing meth, owing equipment to make meth, owning a building to make meth, possession of meth, and operating a meth lab with hazardous waste. Police said that hazardous waste was sealed and removed from the scene, to be disposed of at a hazardous-waste collection site.

In the state of Michigan, possessing and/or manufacturing methamphetamine are extremely serious charges. If convicted, the accused faces harsh penalties which may include substantial fines and prison time. In fact, meth possession may result in penalties which include fines of up to $15,000 and 10 years in jail. If convicted of manufacturing methamphetamines, an individual may face fines of up to $25,000 and up to 20 years in prison. Other penalties may include driver’s license suspension and having parenting rights revoked if CPS conducts an investigation into the making of meth on property where children live.

November 20, 2013

Detroit, St. Clair Shores Police Officers Face Charges in Connection with Armed Robbery

by Scott Grabel

In July, Detroit Police Sgt. David A. Pomeroy and St. Clair Shores Police Sgt. Michael Notoriano were arrested in connection with an armed robbery after Notoriano’s daughter was robbed of her cell phone at a Detroit gas station. Now, the two officers are facing a combined 18 criminal charges stemming from the incident.

According to news reports at Mlive.com, Notoriano’s 16-year-old daughter had ridden her bicycle to the gas station with a friend. At the station, 24-year-old Dwayne Weathington allegedly pushed her from the bicycle, then stole her iPhone after grabbing her by her backpack and dragging her on the ground. He is reported to have fled the scene on foot.

While off duty, Pomeroy and Notoriano used the GPS tracking function on Notoriano’s daughter’s phone to track the location of the iPhone. They then confronted three Detroit men who they believed had the phone, according to a statement released on November 18 by the Wayne County Prosecutors Office. Investigators claim the two police officers confronted the men, who were 26, 27, and 28 years old, at gunpoint. Pomeroy allegedly took the iPhone and a handgun from the suspects’ vehicle, then stood guard while Notoriano confiscated a bag of marijuana and $300 from the pockets of the 28-year-old suspect. Before releasing him, Notoriano allegedly used the handgun to strike him in the face.

Both officers were arrested, but charges have only recently been filed. Pomeroy is charged with larceny with a firearm, two counts of unlawful imprisonment, armed robbery, willful neglect of duty, and two counts of failure to uphold the law for unlawful search and seizure.

Notoriano has been charged on the same counts, with additional charges including two counts of felonious assault, two counts of ethnic intimidation, and felony use of a firearm.

If convicted, these two officers will likely face extremely serious consequences; in Michigan, armed robbery can leave the accused facing up to life in prison. Combined with all of the other charges, Pomeroy and Notoriano may be subject to harsh punishment.

November 19, 2013

Ypsilanti Township Man Arraigned on Open Murder, Other Charges in Shooting Death at Party

by Scott Grabel

Allante Percy, a 21-year-old Ypsilanti Township man, was recently charged with open murder in the November 1 shooting death of 29-year-old Edward Gwinner. Percy was also charged with felony firearm and being a felon in possession of a firearm according to news reports at Mlive.com. Percy was arraigned on the charges by Magistrate Thomas Truesdell from the Washtenaw County Jail where he is incarcerated via video.

Percy and the victim were outside a party at approximately 1:30 a.m. in the 600 block of Armstrong Drive when the shooting took place. News reports claim Gwinner’s sister was involved in a domestic violence situation, and that he was coming to her aid when Percy allegedly pulled out a handgun and fired multiple times. One of the shots struck Gwinner in the chest. Percy then fled the scene; Gwinner was transported to a local hospital where he later succumbed to his wounds.

Investigators began interviewing individuals who were present at the party, however police said that most were not giving up much information. Police later offered a $2,500 reward in order to entice potential witnesses into talking. Eventually their interviews led to the development of a suspect, Percy. The suspect turned himself into police on November 13th.

Open murder is one of the most serious crimes an individual can be charged with; if convicted, Percy will face up to life in prison depending on whether jurors find him guilty of first- or second-degree murder. In Michigan, second-degree murder encompasses all murder offenses which are not defined as first-degree, and which are not defined as premeditated. A jury may sentence a defendant to any number of years for a conviction of second-degree murder.

While news sources do state that an argument ensued outside of the apartment where the party was taking place, there are no details as to a motive for the shooting.

November 19, 2013

Michigan Supreme Court to Consider Whether Defendant’s Right to Fair Trial was Violated by Allowance of Expert Testimony

by Scott Grabel

Levon L. Bynum was convicted of first-degree premeditated murder and two counts of assault with intent to murder in connection with an incident which took place in August of 2010. Bynum allegedly fired a gun during an altercation that took place outside a party store, and was ultimately charged in the shooting death of Larry Carter, one of the people involved in the altercation. Bynum maintained that he was frightened, and carried the gun for protection; he claims that he fired twice into the air as a warning as he was trying to leave the scene.

Bynum was ultimately convicted of the 2010 Battle Creek shooting death; however in April of this year, the Michigan Court of Appeals reversed the conviction. Bynum had argued in his appeal that expert testimony provided by a police officer who was a member of the Battle Creek Police Department’s Gang Suppression Unit violated his right to a fair trial, as the jury would be left with the impression that gang membership meant that he was guilty of the crime. Bynum was allegedly a member of a street gang known as the Boardman Boys. Bynum argued that allowance of the expert testimony was improper; the appeals court agreed, and reversed Bynum’s conviction.

Now the case has gone before the Supreme Court, who will consider whether the expert testimony provided by Officer Jim Bailey regarding gang membership was more prejudicial than probative. The Supreme Court will review the facts of the case to determine if there were errors by the trial court, and if the ruling made by the Michigan Court of Appeals to turn over Bynum’s conviction and remand the case back to court for a new trial will be upheld.

Appealing a conviction is a complex process which may or may not end well for the defendant depending on several factors, including the experience and ability of the defendant’s criminal defense attorney.

November 18, 2013

Flint Man Sentenced to Up to 20 Years for His Role in Two Meth-Related Explosions

by Scott Grabel

Keith William Boyce Jr., a 38-year-old Flint resident, was sentenced on Monday November 18 to 3 to 20 years in prison for his role in two methamphetamine lab explosions according to recent news articles. Boyce pleaded guilty to charges related to an April 16 incident on the city’s north side; he was also allegedly involved in a meth lab explosion which occurred in July on the city’s east side in the 3000 block of Woodrow Avenue.

In the April blast, neighbors reported the explosion sounding like a bomb exploded. This incident took place at the Rollingwood Manor apartment complex; the force of the explosion blew a hole in an outside wall of the complex, according to authorities. Prior to being sentenced by Genesee Circuit Judge Archie Hayman, Boyce said that leaving the military was the worst decision of his life.

Inside the apartment where the explosion originated, authorities located meth components including two one-pot meth labs made with soda bottles which were 16 and 20 ounce bottles. They believe one of these bottles caused the explosion. The defendant told police that he believed reusing one of the bottles too many times led to the explosion. Boyce apologized to residents of the apartment complex, saying that “People’s lives were at risk.”

In the July meth lab explosion, a bedroom sustained damage when a wall and window were blown out. Authorities found chemicals and 2-liter bottles filled with lye in a shed, along with jumper cables which were connected to electrical wires inside the home. There was no power in the home according to news reports.

Michigan drug crime lawyers know that a conviction for manufacturing, creating, or delivering methamphetamine or other Schedule 1 or 2 drugs will result in severe criminal penalties. These penalties may include thousands of dollars in fines along with substantial prison time, possibly even life in prison depending on the details of your specific case.

November 15, 2013

Critical Advice for Michigan Motorists Who Have Had Their Driver’s License Suspended

by Scott Grabel

Michigan driver’s license restoration attorneys realize the dramatic impact not being able to drive has on your daily life. Unfortunately, we also know that on the Internet, there is plenty of misinformation regarding drivers license suspension and the process of having your license restored or reinstated. At Grabel & Associates, we have extensive skill and experience in this area, and know how critical it is to successfully navigate the Michigan Secretary of State’s Driver’s License Appeal Division to have a client’s driving privileges restored.

To be clear, this is not a simple process. Both you, as the client, and the Michigan drivers license reinstatement lawyer you choose to represent you must have a clear understanding of what the hearing officers will expect. This is why it’s vital to have an attorney who will communicate with you and explain what is necessary and the steps that must be taken in order to have the best chance of having your driver’s license restored.

Most individuals licenses are suspended or revoked due to multiple drunk driving offenses; therefore, if you have had two DUI convictions within a seven year time period or three drunk driving convictions within ten years, it will be presumed by the Secretary of State that you have serious issues when it comes to drinking, or are even an alcoholic. Because of this, there are issues which must be addressed in order to have your license restored, which your attorney should work through with you to ensure there are no misunderstandings.

Here is what you must prove:

That you have the motivation and ability to operate a motor vehicle safely, and within the law;
That any issues you have with the abuse of alcohol or drugs are under control, and will remain under control;
That there is minimal risk you will engage in past abusive behavior or drive drunk in the future;
You must prove that you have abstained completely from the use of alcohol and/or drugs for a period of at least six months. This being said, abstinence from alcohol/controlled substances for one year typically results in a better chance of having your driving privilege restored.

This is just a portion of what must be accomplished in order to have your driver’s license reinstated. It is also imperative that the application is properly prepared and other requirements satisfied.

November 14, 2013

Convictions of Former Bridgman Woman for Check Fraud and Perjury Upheld by Michigan Appeals Court

by Scott Grabel

In 2011, 42-year-old Betsy Kwasny was convicted in Berrien County Trial Court of check fraud and perjury. She is serving three prison sentences for allegedly swindling a retired couple and two women in in 2008 and 2009 in by credit card fraud and check scams, according to a news article at The Herald Palladium.

Kwasny was sentenced to two 5 to 22 1/2 year terms for perjury and subornation of perjury after she was found guilty of inducing a defense witness to lie on the stand. Because of her status as a habitual offender, Kwasny was also sentenced to 3 to 21 years in prison for uttering and publishing a fraudulent check.

Kwasny appealed her convictions to the Michigan Court of Appeals, arguing that Trial Court Judge Charles LaSata erred by allowing one trial for several similar charges. She also argued that evidence was allowed regarding a prior criminal record. The appeals court panel rejected her arguments, but remanded the uttering and publishing case to Trial Court for a new order of restitution.

Appealing a conviction is no simple matter, as all Michigan criminal appeals attorneys are aware. However, mistakes are made every day in the legal system, leaving innocent people facing punishment for crimes they did not commit. In some cases, an individual may feel he or she was sentenced unfairly in accordance with state sentencing guidelines. Judges, juries, prosecutors, and members of law enforcement are required to uphold the law. Unfortunately, mistakes are made which can devastate the lives of those accused and cost them their freedom.

November 14, 2013

Woman Charged with Meth Possession Following Coldwater House Fire

by Scott Grabel

On September 9, a home located on Greenfield Road on the Michigan-Indiana state line caught fire. After investigating, it was discovered that methamphetamine was on the property, according to a news article at The Daily Reporter. 44-year-old Laura Ferrier was recently charged with possession of methamphetamine, and is now facing a maximum prison sentence of 20 years due to convictions related to meth in 2005 and 2010 in Indiana.

Ferrier’s bond was set at $100,000 by Branch County District Judge Brent Weigle. Awaiting scheduling of preliminary proceedings, Ferrier requested a reduction in bond due to the fact she is scheduled to appear in Indiana on another charge November 20.

When the fire began in the home in a second floor bedroom, Ferrier was able to remove two children from the home safely, a 6-year-old girl and 8-year-old boy. Authorities did not reveal whether the manufacture of methamphetamine led to the fire, although representatives from the Branch County Sheriff’s office were called in by fire department officials to help remove hazardous waste which was related to the production of methamphetamine at the scene.

News reports indicate investigators found remnants of a one-pot meth cooking lab in a backpack in the garage of the home. Ferrier’s car was also found to have drug residue and components for meth making. Court documents indicated that Ferrier appeared to be under the influence at the scene, and admitted to using methamphetamine. Inside the home, police and firemen found materials used to smoke drugs, along with synthetic marijuana and several bundles of meth.

The fire was under control in just a few minutes, and contained in a bedroom.

The news article indicated only that Ferrier had been charged with methamphetamine possession, however warrants have been issued for other individuals involved. It was not clear whether authorities intend to charge any of the residents of the home with manufacturing meth.

The criminal penalties for possession of or manufacturing methamphetamine in Michigan are severe. As indicated above, Ferrier will face up to 20 years in prison due to her status as a repeat offender. Typically, a first-time offender convicted of possessing meth will face up to 10 years in prison, and fines of up to $15,000 depending on the amount of the drug involved.

November 14, 2013

Tennessee Man Charged with Armed Robbery and Murder of Jackson Bar Owner Nearly 40 Years After the Fact

by Scott Grabel

A Nashville, TN man, 65-year-old George Edward Alexander, was recently charged in the death of a Jackson bar owner nearly 40 years ago. Alexander is now incarcerated in the Jackson County Jail awaiting a November 26 preliminary exam on charges of armed robbery and first-degree murder in the September 1975 shooting death of Edward Stankiewicz.

Alexander was extradited from Tennessee on October 15 and arraigned by the county magistrate, according to a news article at Mlive.com. The nearly 40 year old case had grown cold, although Prosecutor Jerry Jarzynka said he did not know why. Jarzynka praised investigators Duaine Pittman and Nathan Gross for their diligent efforts in bringing about Alexander’s arrest. Because the evidence against the defendant has not yet been presented in court, Jarzynka would not reveal how the charges against Alexander came about.

In September of 1975, the victim was gunned down outside a bar on Michigan Avenue, then known as the Pink Elephant Bar. He was allegedly shot in the head and neck area, and died at a hospital emergency room. Authorities say that Stankiewicz was robbed of a briefcase containing about $700, the night’s receipts from the bar before being ambushed with a shotgun. Businessmen in the area at the time claim the victim had problems with gang members frequenting the bar, and that he was frequently threatened according to a 1975 story published in the Citizen Patriot.

Alexander lived in Jackson at the time of the alleged crime, and has served prison time for delivery of heroin and larceny from a person.

If convicted of first-degree murder Alexander will likely face life in prison, the maximum punishment in Michigan. Both armed robbery and murder are extremely serious crimes, leaving those accused facing the potential loss of their freedom forever.