Michigan Criminal Lawyers Blog

November 5, 2013

Michigan State Police Arrest Alleged Cocaine Traffickers, 3 Men Charged

Approximately three weeks ago, three men were arrested following a traffic stop conducted by a Michigan State Police trooper. In the course of the stop, the trooper discovered more than 1,000 grams of what he suspected to be cocaine. Police said that the substance was packaged for distribution, according to an article at Mlive.com.

The trooper arrested the three men in Hart Township on U.S. 31 near Polk Road after stopping them for a routine traffic violation. According to the news article, the suspects ranged in age from 24 to 35 years old. After suspecting packaged cocaine, SSCENT (a multi-jurisdictional narcotics team based in Oceana County) was called in to investigate the car further. During their search, authorities found cash, a semi-automatic pistol, and 56 additional grams of cocaine.

The three men, Jesus Avilez-Perez, Abel Gamez-Morales, and Angel Viti-Perez were being held in the Oceana County Jail on $100,000 bonds following their arrest. Each was charged with manufacturing and delivering more than 650 grams of narcotics. During the process of being booked into jail, police found that the men had been deported previously.

Michigan drug crime attorneys know the seriousness of this criminal offense. Individuals who are convicted of possession of cocaine with intent to deliver in amounts of over 1,000 grams may face fines of up to $1 million and up to life in prison. Those who are convicted of possessing Schedule I or II drugs including meth, ecstasy, and LSD with the intent to sell or distribute those substances are punished harshly under Michigan Penal Code 333.7401.

November 5, 2013

32-year-old Grand Rapids Man Faces Potential Life in Prison Following One-Day Crime Spree

by Scott Grabel

On Monday November 4, a jury was selected for the trial of 32-year-old Demeatrius Tate, a man who allegedly participated in a one-day crime spree which included carjacking and two armed robberies, according to a news article at Mlive.com. Tate allegedly committed the crimes along with 18-year-old Artravius Riley, who pleaded guilty and is expected to testify at Tate’s trial.

The two men were arrested after allegedly committing crimes on May 26 of this year. Tate and Riley are accused of robbing a couple who were walking in the Arena District at approximately 2 a.m. Authorities claim the two threatened the couple with a gun, then took their valuables and a car. Later the same day, Tate and Riley allegedly robbed a man who was sitting in his vehicle in the vicinity of Seward Avenue and Douglas Street NW; they robbed him at gunpoint. News reports claim that Riley forced the victim to drive to an ATM machine. The second victim saw the get-away vehicle’s license plate and reported it to police.

In exchange for the teen’s guilty plea and testimony against Tate, prosecutors with the Kent County Prosecutor’s office agreed to dismiss one count each of armed robbery, felony use of a firearm, and carjacking.

If convicted of the carjacking and two street robberies, Tate will face up to life in prison. The defendant was offered a deal in August which would have resulted in a minimum sentence of 13 to 21 years had he pleaded guilty, however he rejected the plea deal. If convicted at trial, the minimum sentence he will face if convicted of all counts will be 14 years to almost 40 years.

Armed robbery and carjacking are both extremely serious criminal offenses punished harshly in the state of Michigan. As indicated above, Tate will face at least 14 years in prison, and possibly life if convicted.

November 4, 2013

Convictions of Two Men Connected to 2002 Murder Upheld by Michigan Court of Appeals

by Scott Grabel

In February of 2011, 36-year-old Terrance L. Shepard and 43-year-old Patrick A. Martin were convicted of first-degree premeditated murder. The two were allegedly involved in the December 2002 suffocation death of 19-year-old Kevin Amos Jr., whose body was discovered in March of 2003 on the banks of the Cass River by fishermen in Tuscola County.

Shepard and Martin appealed their convictions, which were upheld by the Michigan Court of Appeals in September. According to a news article at Mlive.com, the two men will continue serving life sentences.

An accomplice in the murder, Tanisha R. Williams, testified at the murder trials that Martin held a gun on her and ordered her to tape the victim’s head, which ultimately suffocated him. She claimed that Martin was the main instigator of the crime, and Shepard an accomplice who “kept the momentum of the murder going.” Williams pleaded guilty to second-degree murder in December of 2010 for her role in the murder of Amos.

Appellate court judges Pat Donofrio, Kurtis Wilder, and Jane Beckering disagreed with numerous arguments raised by both Martin and Shepard. Some of these arguments included how prosecutors handled an eyewitness’ testimony, statements which were made outside of court by Martin, and the excluding of five potential jurors who were black by prosecutors.

Both victims raised issues regarding whether the prosecution’s striking of potential jurors denied their rights to equal protection, and whether Williams’ testimony was bolstered by prosecutors. Martin argued that Saginaw County Chief Circuit Judge Fred L. Borchard should have instructed jurors to use caution in considering Williams’ testimony given in exchange for her plead to second-degree murder, instructing them that there was “no guaranteed of her truthfulness.”

Ultimately, the appeals court panel found issue with all of the arguments raised by the defendants, denying their requests to have their convictions overturned.

November 4, 2013

Paw Paw Woman Jailed for Manufacturing Meth, Harboring a Fugitive

by Scott Grabel

On Wednesday October 30, a search warrant was executed at a home in the 39000 block of Paw Paw Road in Paw Paw Township by Van Buren County Sheriff’s Office narcotics detectives. Now, a 33-year-old woman has been arrested and jailed for harboring a fugitive and manufacturing meth, according to a news article at Mlive.com.

Police claim that upon entering the residence, they found the woman in a locked upstairs bedroom. Police forced entry into the room after the woman refused to open the door or obey their commands. Deputies arrested her after she refused to comply with their commands even after gaining access to the bedroom.

Upon further search of the home, detectives located a small trap door in the back wall of a closet; upon further inspection, it was found that the trap door led to an attic. This is where police found Kalamazoo fugitive Gary Harding, who refused to come out until detectives threatened to send in a K-9; Harding then came out and was arrested.

Police continued searching the residence and discovered components used to manufacture methamphetamine, along with an active one-pot meth lab.

The woman, whose name was not revealed in news reports, was arrested and charged with harboring a fugitive, maintaining a drug house, resisting and obstructing police officers, and operating and maintaining a meth lab. Harding was arrested on outstanding warrants, resisting/obstructing police, and operating and maintaining a meth lab.

If convicted, both the woman and Harding likely face serious penalties including prison time and fines. In Michigan, those accused of operating or maintaining a meth lab may face up to life in prison if convicted, depending on the amount of drug involved. Manufacturing methamphetamine will leave the defendant facing potential fines of up to $25,000 and up to 20 years in prison.

November 1, 2013

Michigan House Votes to Make Ignition Interlock Device Program for Repeat DUI Offenders Permanent

by Scott Grabel

On Wednesday October 30, the Michigan House voted on making it possible for residents with multiple DUI convictions to secure a restricted driver’s license by having an ignition interlock device installed in their vehicles which will detect breath alcohol. The House voted to make the three-year pilot program permanent after early evaluations indicated that it was successful in discouraging drunk driving behaviors by those who participated, according to a news article at Mlive.com.

The law was scheduled to expire the end of this year, however Michigan lawmakers voted to extend the 2010 law indefinitely. Ultimately, individuals who have had their driver’s licenses revoked for multiple drunk driving offenses will be issued a restricted license which allows them to travel to and from substance abuse programs, school, or work provided they comply with using an ignition interlock device, and participate in a sobriety court program.

Legislation to extend the law for an indefinite time period won unanimous approval in the House; now it will move on to the Senate. Individuals who qualify by meeting requirements will be issued a limited driver’s license by the Secretary of State.

Representative Dan Lauwers introduced the legislation, saying after the unanimous vote by the House that, “People with repeat drunken driving offenses still need to provide for their families, and an interlock device would allow them to drive to work while keeping them sober.”

The majority of participants in the interlock program complied with court orders according to data collected by the MADCP (Michigan Association of Drug Court Professionals). Legislative director and Eaton County District Court Judge Harvey Hoffman said that for active participants, the recidivism (habitual relapse) rate was 1.5%.

Grand Valley University criminal justice professor Christopher Keirkus is concerned about what happens to individuals who are repeat offenders after they leave the program. Keirkus was commissioned to conduct analysis on the pilot program, and feels it is still too soon to come to a conclusion regarding the long-term impact on the behavior of repeat drunk drivers.

DUI is a serious problem in Michigan, as well as across the nation. However, individuals who have their drivers licenses suspended or revoked due to driving under the influence of alcohol or drugs face serious issues; having the privilege to drive is a necessity in today’s society for work, school, and other reasons. Perhaps if the expansion of the interlock program passes in the Senate, we will see more people regain their driving privilege, if only on a restricted basis.

November 1, 2013

Kwame Kilpatrick to Appeal 28-year Sentence on Corruption Charges

by Scott Grabel

On October 10, former Detroit mayor Kwame Kilpatrick was sentenced to 28 years in prison for various public corruption charges including bribery, extortion, and racketeering. It has been seven months since Kilpatrick was convicted by a jury on what the government referred to as running a “money-making racket” out of City Hall.

Prosecutors in the case accused Kilpatrick of funneling millions of dollars to his family, friends, and himself while a financially crippled Detroit hobbled along. The former mayor was convicted on 24 of 30 counts against him; defense attorneys asked their client be given a 15 year sentence, however U.S. District Judge Nancy Edmunds sided with the government’s request for 28 years, saying that “I believe that is in fact what his sentence should be.”

On Wednesday October 30 it was announced that Kilpatrick will appeal the sentence, and a notice of appeal was filed in U.S. District Court by lawyer Harold Gurewitz. News reports indicate the former mayor steered a minimum of $4.6 million from city contracts for the financial gain of himself and his friends.

While the basis of the appeal was not revealed in the notice filed by Gurewitz, many believe the issues which will be argued to the appeals court panel include the fact that the 28-year sentence handed down by Judge Edmund’s was excessive, according to a news article at USA Today.

It is suspected attorneys will also argue to the appeals court that the sentence was “disparate” due to the fact that others involved received substantially less severe punishment, even probation in some instances. Kilpatrick’s lawyers may also argue that because of the massive publicity surrounding the case, the judge should have granted the request made shortly before trial for a change of venue. Other possible arguments may include insufficient evidence for a conviction, and the judge’s refusal of Kilpatrick’s request for change of counsel on the eve of trial.

Alan Gershel, professor at Cooley Law School and former assistant U.S. Attorney, commented that he felt Kilpatrick has a very small chance of successfully appealing the sentence. Gershel closely monitored the trial.

Michigan criminal appeal lawyers know how difficult it is to have a sentence or conviction overturned by the appeals court. Because Kilpatrick is such a prominent figure and former mayor of Detroit, it will be interesting to learn how the panel rules in this case.

October 31, 2013

2013 Halloween Safety Tips for Michigan Residents

by Scott Grabel

It’s that time again – Halloween. While children (and many adults) enjoy dressing up as their favorite characters or villains and collecting candy, fruit, and other goodies, Halloween is one of the most dangerous holidays of the year. It’s important that parents and children take precautions to make Halloween 2013 a safe, fun holiday.

Here are a few safety tips to help ensure your family stays safe on Thursday:

Keep in mind the dangers aren’t only present once you leave your home. Carving a pumpkin can be particularly dangerous for children. Smaller children should stick to drawing the face, while adults take care of the actual carving. Also, be sure to talk to your children about safety before they go out and about.

Don’t become a pedestrian fatality. According to AAA Michigan, the risk of a pedestrian suffering a fatal accident increases four times on the Halloween holiday. Be sure that both you and your children avoid the streets and stick to walkways; wear costumes that include fluorescent colors, or carry a glow stick or flashlight so motorists can easily see you.

Accompany younger children. Young children should always be accompanied by an adult while trick-or-treating. If teenage children go out on their own, be sure they have a cell phone and watch so they are aware of the time, and can call you or 911 in case of an emergency.

Costumes should be flame retardant. Many people who decorate the exterior of their homes have displays or pumpkins which may have lit candles inside; this increases the risk of a costume coming into close contact catching fire.

Make sure your child’s mask allows for clear visibility. Many masks can make it difficult to see, particularly in regards to peripheral vision. Be sure that your child’s costume (and your own if you dress up) allows for proper vision both straight ahead, and on both sides. Even better, take masks off when walking between houses.

Stick to familiar neighborhoods when trick-or-treating. Given the rate of crime today, many parents stick to familiar neighborhoods when taking the kids trick-or-treating; some even go only to the homes of those they know.

Go through the treats before eating. Any good that are homemade or are not commercially wrapped should be tossed. If anything looks suspicious, don’t eat it! Discourage your children from eating anything given to them without your inspection.

Prevent a potential fire in your home by using LED lights to illuminate pumpkins and other decor. Using candles to light outdoor decorations (and those indoors when sitting in a window close to draperies) can pose a fire hazard. Stick to LED lights to ensure safety.

October 31, 2013

Murder Trial Begins on October 30 for 28-year-old Craig Reginald Lewis; Defendant Claims Self-Defense

by Scott Grabel

On Wednesday October 30, 28-year-old Craig Reginald Lewis went on trial for the August 2012 shooting death of Frank Harris. On October 28, the defendant pleaded guilty to felon in possession of a firearm, and possessing a firearm while committing a felony; however, he is fighting the open murder charge against him, claiming self-defense. Now, according to a news article at Mlive.com, a Muskegon County jury will decide his fate.

Prosecutors allege that Lewis “blew some of Harris’ brains out” after Harris came outside of a home where a get-together was being held in order to break up a fist-fight that Lewis and others were engaged in. Robert Hedges, Senior Assistant Muskegon County Prosecutor, said in his opening statement that Lewis became enraged at Harris, took his gun from another man who was holding it for him so that he could participate in the fight, and began shooting toward the house, one of the shots hitting the victim in the forehead. Police did not arrest Lewis for several weeks, as he fled to Detroit; the weapon used in the shooting was never found.

Others who were at the get-together say they did not witness the fatal shot, as everyone began scattering after hearing the first gunshot. However, in a previous hearing several men who were present at the residence claimed to have seen Lewis fire the first shot, which struck the kitchen door. The weapon was a .357 Magnum handgun according to news reports.

Lewis is being represented by Belinda Barbier and Fred Lesica, both public defenders. While self-defense was not mentioned in opening statements, Hedges did tell the jurors that he expects the defense lawyers will claim that the victim fired at Lewis first. Harris’ fiancée testified that she was inside the house with Harris when they both heard the first shot. She said that Harris went out to the kitchen, and after hearing additional gunfire and a “thump,” she crawled to the kitchen after calling out his name and getting no reply, then found him lying in a pool of blood.

Michigan criminal defense attorneys are unfortunately very familiar with these types of cases. While there is no mention of what was going on at the “get together,” chances are drugs and alcohol were involved. Lewis is charged with open murder, which means jurors will decide on first- or second-degree murder should they find the defendant guilty.

October 30, 2013

Theft Conviction of Former Lake County Clerk Upheld by Appeals Court

by Scott Grabel

Thomas Philpot, a former Lake County Clerk, is currently serving an 18-month federal prison term in Milan, Michigan for allegedly diverting more than $24,000 in federal funds while in his position. He was convicted on charges of public corruption for pocketing taxpayer money as his own salary bonus. According to news reports at Highland Community, the federal funds were to be used for improvement of collection and disbursement of child support.

Philpot, who is 54 years old, allegedly violated the law knowingly; his defense attorneys argued to a federal appeals court that their client could not get a fair trial due to pre-trial publicity. According to the U.S. Department of Corrections website, Philpot is due to be released from federal prison on July 9 of next year.

News articles claim that according to state regulations, the money allegedly taken by Philpot as a bonus is to be paid to employees of the county who work full time in child support. The Lake County Council must approve any bonuses being paid out of these funds to elected officials. In court, a federal prosecutor alleged that Philpot never gained permission from the council to take the money, and that he used his authority to “write checks to himself.” Philpot was indicted in 2011; he was convicted in his 2012 trial.

In his appeal, Philpot’s attorneys argued that pretrial publicity prevented their client from getting a fair trial. The federal appeals court did not agree and said that stories in the media were factual, and that it had been more than a year prior to Philpot’s trial since those stories were run in the media. The defendant’s lawyers also claimed insufficient evidence against Philpot, however the appellate judges disagreed on that point as well.

Michigan criminal appeals attorneys realize the difficulty of having a conviction overturned by either the state or federal appeals court. An appeal is not a “re-trying” of the case, but rather an intense review of the trial proceedings so that it can be determined whether errors were made, and that all proceedings at trial were carried forth in accordance with the law.

October 30, 2013

Two Men Facing Federal Charges in Connection with Flint Crack Cocaine Sales

by Scott Grabel

On Monday October 29, two men were charged in Flint U.S. District Court with selling crack cocaine in the Flint area according to a news article at Mlive.com. The two men, who were not named in news reports, had not been indicted or arraigned on the charges at the time the news was released.

An affidavit filed by the FBI indicated that a confidential informant purchased crack cocaine from one of the suspects on numerous occasions. The affidavit also contained information that one of the purchases made by the informant occurred at a residence located in the 3500 block of Larchment Street; the home is said to be owned by one of the suspects’ fathers.

Upon executing a search warrant at the home on October 3, authorities allegedly discovered an undisclosed amount of cash, digital scales, and multiple bags of crack cocaine. The affidavit also revealed that one of the suspects admitted to selling cocaine over the past three years, and that he sold the drugs in order to support the mother of his unborn child and to purchase food and shoes. He admitted that his profits over a two to three week time period were about $100.

Both of the suspects are now in federal custody awaiting detention hearings set for November 1. A third man who has not been charged was also taken into custody by authorities.

Cocaine is a Schedule 2 drug, which means it is one of the most dangerous and highly addictive. Because of that, individuals who are convicted of possessing, manufacturing, distributing, or selling cocaine in any form (freebase, powder, or crack) face serious criminal penalties. When prosecuted at the federal level, those convicted often face even harsher punishment. Anyone who is fond guilty of possessing cocaine with the intention of selling the illegal drug will face substantial prison time along with steep fines. For example, possession of less than 50 grams with the intent to deliver will leave the accused individual facing fines of up to $25,000 along with up to 20 years in jail.