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In the early morning hours of November 12, Kalamazoo Township Police were investigating an explosion that occurred inside a Parchment home that blew out a window and knocked a foundation wall loose. Authorities believe the explosion may have been meth-related.

Police are looking for 24-year-old Branden Michael McNamara in connection with the explosion. McNamara is accused of absconding while on parole, and wanted by the Michigan Department of Corrections. Police issued a news release describing McNamara as white, approximately 5′ 10″ tall with blue eyes and brown hair, weighing about 170 pounds. Officials also said that McNamara may have hand and facial injuries.

Police do not believe the owner of the home is involved in any suspicious activity. The explosion at the home located in the 600 block of Parchmount occurred just before 7 a.m.; police would not reveal how many individuals were inside the home when the explosion took place.

Details have yet to be released as to why police suspect meth was being manufactured in the home. The only evidence of the explosion outside the home was broken glass from the window.

If charged with manufacturing methamphetamine, McNamara will face serious penalties if convicted. In Michigan, the punishment for manufacturing Schedule 1 or 2 drugs are severe, and depend on various factors including the type and amount of drug involved, criminal history of the accused, and more.

An individual who is charged with manufacturing methamphetamine in an amount of less than 50 grams will potentially face fines of up to $25,000 and/or as long as 20 years in prison if found guilty. Penalties increase substantially in terms of fines/prison time for larger amounts of an illicit substance including cocaine, ecstasy, opium, or LSD. For instance, amounts of more than 1,000 grams will leave the accused individual potentially facing life in prison and fines of up to $1 million dollars.

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In November of last year, 30-year-old Roger Stein was convicted of first-degree murder; he is serving a life sentence, and contends he had “ineffective assistance of counsel.” Stein was found guilty by a jury in the June 2012 shooting death of 22-year-old Ricky Upshaw.

Stein appealed his conviction on the grounds that his attorney did not adequately defend him at trial. In October, the Michigan Court of Appeals signed an order directing a Jackson County Circuit Court judge to conduct an evidentiary hearing so that it can be determined whether Stein’s trial lawyer, Anthony Raduazo, was ineffective. According to a news article at Mlive.com, the Court of Appeals order was signed on October 25. The circuit court is to have the evidentiary hearing within 56 days of this date.

At his January sentencing hearing, Stein told Jackson County Circuit Judge Susan Beebe that he was innocent, and mumbled that he just wanted his appeal papers as sheriff’s deputies walked him out of the courtroom. Stein claims that he did not receive a fair trial; he told the judge that prior to deliberations, the only black individual on the jury was drawn off the panel.

Upon issuance of an order in the circuit court, the Court of Appeals will continue work on the case.

Stein allegedly shot Upshaw in the back after the two men had become engaged in an argument. Witnesses testified that as Upshaw walked away from the defendant in the 1000 block of Adrian Avenue, Stein fired the gun. Prosecutors argued that Stein’s actions were premeditated and intentional.

Anyone who has been wrongly convicted of a serious criminal offense such as murder may have the opportunity to appeal their conviction. The penalties for murder in the state of Michigan are extremely harsh, as indicated in this case. Unless Stein’s appeal is successful, he will spend the rest of his life in prison without the possibility of parole.

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Elizabeth Campbell, a 42-year-old former Portage City Councilwoman, has been ordered to stand trial on charges of embezzlement in connection with money she allegedly stole from the Portage Rotary Club’s coffers beginning in January of 2010, according to news articles. Campbell has been charged with a single count of embezzling more than $20,000 but less than $50,000.

Campbell is believed to have embezzled the money after she began having financial difficulties; news reports indicate she had racked up more than $50,000 on credit cards, and was behind on bills.

Lead investigator in the case Detective Randy Dylhoff said in his report that Campbell began funneling the money when she closed one of the rotary club’s accounts with the Keystone Bank. She allegedly withdrew the money in the account in the form of three cashier’s checks; the total taken from the account was over $12,000. Two of the cashier’s checks totaling less than $1,400 were then deposited into accounts at Michigan Commerce Bank which were in the Rotary Club’s name. The remaining $11,000 was deposited at JP Morgan Chase in a new account set up by the defendant. This account was opened under Portage Rotary Charities; Dylhoff claims that Campbell used the funds in this account for herself for approximately one year, until February 2011.

Campbell allegedly continued the scheme months later when she secured a cashier’s check for more than $26,000 from another of the Rotary Club’s accounts at Michigan Commerce Bank. Dylhoff said that this money was placed in an account under the Portage Rotary Charities name at Bank of America. For the next four months, checks from this account were issued to Campbell’s husband, father, and herself. The amounts of the checks issued from the account ranged from $800 to nearly $8,000.

Campbell took out another cashier’s check and cash in March of this year; after all was said and done, Dylhoff determined in his investigation that Campbell had racked up just over $39,000 for her own use from Rotary Club funds. Dylhoff accused Campbell of moving money back and forth from one account to another quickly so that it would be difficult to trace; Campbell admitted to the fact.

Ultimately, Campbell was charged with one count of felony embezzlement of more than $20,000 but less than $50,000 in October. If convicted, she may face a maximum of 10 years in prison.

Embezzlement is a serious white collar crime which will leave the individual convicted facing severe criminal penalties. Not only may Campbell spend several years behind bars, her career and reputation will likely be ruined. In embezzlement cases involving the amount of money Campbell is accused of stealing, penalties may also include fines of up to $15,000 or three times the value of the money, whichever is greater.

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Last month, a couple was involved in a crash in Grand Rapids Township which resulted in their deaths. 20-year-old Andrea Herrera and her boyfriend, 23-year-old Eric Fischer, were killed in a collision involving 27-year-old Joseph Jay Ford, who authorities say was drunk at the time. Last week witnesses to the crash testified at the second probable cause hearing in Kent County District Court.

Those who witnessed the accident include an emergency rescue worker and two individuals who were on their way to work. The accident occurred at approximately 10 p.m. on October 10, according to a news article at Mlive.com.

One of the witnesses, Maurissa Bracken, stated that as she was heading into work she witnessed a car heading north on Patterson. The vehicle ran the stoplight, slamming into the victims’ car which was proceeding through the green left turn signal. Another witness, AeroMed flight nurse Rita Sears, testified that she was riding with co-workers when they came upon the accident. Sears called 911 after seeing two people severely injured inside a Mazda. She also noticed a blood-covered man sitting in the grass nearby, who she said muttered, “Why did they pull out in front of me?” when she went to speak to him. Sears said that she could not identify the man sitting in the grass when asked by prosecutors.

Ford was driving a Charger, which struck the victims’ Mazda and caused the vehicle to be shoved into a semi-truck in the eastbound lane as it was attempting to make a left turn onto Patterson Road. Ford admitted that he was drinking prior to the crash according to an affidavit in court records.

Doctors determined that Ford was intoxicated at the time of the crash. Initially, Ford’s defense attorney Mark Dodge did not want to question doctors regarding their findings; he had agreed to stipulate to the reports showing his client’s blood tests. On Friday, Dodge decided that he would prefer to hear testimony from the medical personnel in regards to Ford’s blood alcohol level.

Ford is required to wear an electronic tether until his trial for BAC monitoring purposes, and is free on a $50,000 bond.

Michigan criminal defense lawyers know the seriousness of this type of charge. If convicted, Ford could face up to 15 years in prison depending on factors including criminal history. As with any criminal case, prosecutors have the burden of proving the defendant’s guilt.

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Last month, an Otsego woman was arrested after it was suspected by U.S. postal inspectors that she was dealing methamphetamine through the mail. Magdalena Stevenson was arrested and facing federal charges after the U.S. Postal Inspection Service discovered a suspicious package which had been mailed from Vallejo, CA at the Grand Rapids Priority Mail Center. The package was on its way to an Otsego post office box, according to news reports at Mlive.com.

Following a K-9 inspection which revealed the package contained narcotics, a federal search warrant was obtained by authorities. According to a three-page complaint, inspectors discovered the package contained approximately 200 grams of crystal methamphetamine.

Upon the discovery, members of the West Michigan Enforcement Team and postal inspectors conducted a controlled delivery of the package to the Otsego post office in an effort to catch Stevenson, who arrived at the post office on the afternoon of October 9 to pick up the package. She was arrested by officers who were waiting for her as she exited the facility.

Stevenson reportedly admitted that she knew the package contained meth, and that she was a dealer. She was charged with possession with intent to distribute 50 grams or more of meth, and using a communications facility in facilitating the possession with intent to distribute methamphetamine.

Now, approximately one month later, the charges against Stevenson have been dismissed according to documents filed in U.S. District Court in Grand Rapids on October 29. While the investigation is ongoing, Detroit U.S. Postal Inspector Wylie Christopher said that he had no comment on the charges being dismissed against Stevenson.

A conviction for meth possession with intent to deliver may leave an individual facing up to 20 years in prison, depending on the facts of the case. In most cases, federal charges result in even more serious punishment for the individual. While it has not been revealed what led to the charges being dismissed against Stevenson, no doubt she has escaped serious consequences for the time being.

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In November of 2007, former Illinois state trooper Matt Mitchell caused an accident which resulted in the deaths of Jessica and Kelli Uhl. Mitchell pleaded guilty to reckless homicide after crossing the median on Interstate 64 and crashing into the victims’ car. This resulted from talking on a cell phone while driving at speeds of more than 125 miles per hour according to a news article at ksdk.com.

Mitchell was sentenced to 20 months probation; he also lost his driver’s license. In July, Mitchell appealed to have his driver’s license reinstated for the fourth time, saying that he must have his license to work and to support his family. Mitchell, who now lives in Texas, said that a license was necessary to seek employment, to sustain his life, and to provide for his daughter. At his appeal, Mitchell stressed to the panel that he was not a risk-taker, reckless, or a monster.

The victims’ family members were present in court; they maintain that the revocation of Mitchell’s license was part of his plea deal, and that he should not be given the privilege to drive.

Mitchell’s request to have his license reinstated was recently denied. The accident involving the Uhl’s was his third as a state trooper.

In Michigan, as it appears in Indiana, having a drivers license reinstated following multiple driving offenses is difficult at best. It is certainly devastating to be involved in an accident which takes the life of someone, however having the privilege to drive is a necessity.

Drivers licenses are often suspended or revoked in Michigan when individuals have multiple DUI or drug offense convictions. Getting your license back is not easy; in fact, far from it. To have your license restored, it is necessary to file an appeal with the DAAD (Secretary of State’s Driver Assessment and Appeal Division). Even then, it is critical that you have a highly experienced Michigan drivers license reinstatement attorney who can guide you through the complex process.

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In July, 18-year-old Cullen Shae Johnston and 39-year-old Michael Allen Lanning allegedly broke into Wyoming High School, causing approximately $9,000 in property damage. The two pleaded guilty to breaking and entering and malicious destruction of property.

Police caught the two as they were attempting to crawl out a window, according to a news article at Mlive.com. At about 1:15 a.m. on July 20, police noticed a bicycle leaning against the school building; upon further inspection, they discovered a door to the school had been forced open. Using a tracking dog, police continued to search the school and discovered the two suspects climbing out a window.

During the escapade, the two suspects had thrown papers and books, smashed computers, broken windows, and damaged furniture. In all, the two are said to have caused more than $9,000 damage to the property.

Johnston was sentenced by Kent County Circuit Court Judge Paul Sullivan to one year in county jail; the 18-year-old did not have a previous record. Lanning, a registered sex offender with a criminal record, was sentenced by Judge Sullivan to two to 10 years in prison.

Breaking and entering is a serious criminal offense; the penalties an individual will face if convicted depend largely on what police and prosecutors assume the defendant’s intentions were, or whether the individual committed larceny or a felony offense. When someone forcibly enters a building with the intent to steal property or money, that individual may face up to 10 years in prison if convicted.

You do not have to completely enter a building to be charged with this crime; after breaking (such as forcing a door open, breaking a window), the act of putting an arm through the window qualifies as entering.

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William Patrick Iott, a 25-year-old Milan resident, is now facing federal weapons charges after a Nike shoebox filled with ammunition and a handgun were discovered in his downtown apartment during a drug raid, according to news reports at Mlive.com.

Iott is a convicted felon whose apartment was searched when a search warrant was executed by the ATF and the Livingston and Washtenaw Enforcement Team. Upon searching the apartment, authorities discovered a .38 caliber revolver in a bedroom along with a Nike shoebox containing over 100 rounds for various gun calibers; the box also contained a handgun light, holster, and 34 spent .38 caliber casings according to an affidavit prepared by ATF agent Scott Toth.

Four bags of marijuana were seized from the apartment by officials. Iott admitted to authorities that he smokes marijuana; he also admitted that he sells it, earning about $200 per week. Iott said that he had various caliber ammunition because he was “not done buying guns,” and that the handgun was for protection.

News articles indicate Iott has been convicted in Michigan for eluding police in 2007, possession of a Taser in 2006, and conspiracy to commit larceny/larceny from a motor vehicle in 2005. In addition, Iott allegedly faces state charges involving delivery and manufacturing of a controlled substance (marijuana) and possession of a weapon by a felon according to court records.

Iott had been on parole for prior convictions, but was discharged in October of last year according to state prison records.

A federal charge of possession of a weapon by a felon is extremely serious; however, Michigan drug crime defense attorneys also realize the consequences of a conviction for delivery and manufacture of marijuana or any controlled substance.

While news reports indicate Iott had four bags of marijuana in his possession, he also allegedly admitted that he sells it. The criminal penalties for possessing marijuana with the intent to distribute or manufacture are harsh, and depend upon several factors including an individual’s criminal history and the amount of marijuana involved. For example, if an individual is found in possession of less than 5 kg or 20 marijuana plants which he or she intends to sell or distribute, penalties if convicted include fines of up to $20,000, jail time of up to four (4) years, or both.

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This week, 19-year-old Keondre E. Solomon was sentenced to 23 to 40 years in prison for his role in a double shooting on Saginaw’s South Side in October of 2012. Solomon was allegedly driving a vehicle in which the shooter, Samuel L. Jackson, was riding in when he fired into another vehicle the two men had encountered at a Marathon gas station.

Solomon and Jackson were in a white Dodge Charger when they left the gas station, speeding toward a vehicle driven by the victim. As Solomon’s vehicle became even with the vehicle driven by the 24-year-old victim, Jackson began firing a .40-caliber semi-automatic handgun. Eventually the two vehicles struck each other, resulting in the victim’s car leaving the road and crashing into a tree near the Prescott intersection. The victim suffered a broken arm in addition to several gunshot wounds according to a news article at Mlive.com. A 23-year-old passenger in the vehicle suffered a broken leg.

Solomon maintained that he was unaware Jackson had a gun. Jackson, who is 17 years old, was sentenced by Saginaw County Circuit Judge Janet Boes last week, the same judge who sentenced Solomon. She sentenced Jackson to 19 years 7 months to 40 years in prison for two counts of assault with intent to murder and three counts of possessing a firearm during the commission of a felony. Although Solomon drove the car, he was sentenced to about three more years in prison than the shooter.

Paul Fehrman, Saginaw County Assistant Prosecutor, requested that the judge set Solomon’s minimum sentence at the top of Michigan’s sentencing guidelines, claiming that there was no reason not to set the minimum high due to the fact that had Solomon not sped up to pull alongside the victim’s vehicle, the shooting would not have occurred.

Solomon maintained that he had no clue that his passenger (Jackson) had a gun, and that he was only guilty as acting as an accessory after the fact. Solomon and Jackson were both convicted in September by a jury on the assault and firearms charges.

At the September trial, the two men who were in the other vehicle and who were shot at said during testimony that they had no idea why Jackson opened gunfire on them. The two men are 23 and 24 years old.

Regardless of the motivation or what led Solomon and Jackson to act as they did, it is regrettable that two young men who are still teenagers will spend a substantial part of their lives behind bars.

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In June we reported that Bradford Mitchell’s second-degree murder conviction had been reversed by the Michigan Court of Appeals. Mitchell had been convicted in the 2011 beating death of Jay Kolhoff, a neighbor who lived in the same west side Saginaw apartment complex as Mitchell. Authorities claimed Mitchell beat Kolhoff to death with a baseball bat over a $5 debt.

At the original trial, the jury was not given the option to convict Mitchell of voluntary manslaughter. The appeals court ruled that the jury should have been given this option, and that Saginaw County Circuit Judge Robert L. Kaczmarek erred when telling the jury that first- and second-degree murder were their only options. The appeals court ultimately sent Mitchell’s case back for a re-trial.

On Thursday October 31, the jury deliberated for about four hours before convicting Mitchell of manslaughter. The maximum penalty is 15 years in prison, far less than the life sentence with parole Mitchell faced when convicted of second-degree murder. James Piazza, Mitchell’s defense attorney, said after the verdict that while they were disappointed the jury did not find Mitchell not guilty, they were pleased that jurors decided on manslaughter. While Mitchell is considered a habitual offender, Piazza stated in news reports that his “educated guess” is that his client will be given a minimum sentence of less than 10 years.

Mitchell alleges that when he went to Kolhoff’s apartment to collect the $5 debt, Kolhoff grabbed a baseball bat and assaulted him with it. Mitchell contends that he grabbed the bat from Kolhoff, then struck him with it once in the shoulder and once in the head, although he admitted he may have struck Kolhoff more times.

Mitchell remains in jail without bond where he will remain until sentencing; a date has not yet been set.

This is an example of what can result when a conviction is successfully appealed with the Michigan appeals court. While ideally the defendant would have preferred to have been found not guilty by the jury, a conviction for manslaughter is far better than murder in regards to criminal penalties. Now, instead of spending 30 to 50 years in prison as he was sentenced to in the original trial, Mitchell will likely spend only a third of that time or less behind bars.

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