Michigan Criminal Lawyers Blog

November 8, 2013

Two Men Who Pleaded Guilty to Breaking and Entering Wyoming High School Get Time Behind Bars

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.

November 7, 2013

Drug Raid on Convicted Felon’s Home Leads to Discovery of Handgun and Nike Shoe Box Full of Ammo

by Scott Grabel

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.

November 7, 2013

19-year-old Driver in Saginaw Double Shooting Receives Harsher Sentence than Gunman

by Scott Grabel

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.

November 6, 2013

Michigan Court of Appeal’s Reversal of Conviction Results in Much Lighter Sentence for Saginaw Man in 2011 Death of Neighbor

by Scott Grabel

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.

November 5, 2013

Michigan State Police Arrest Alleged Cocaine Traffickers, 3 Men Charged

by Scott Grabel

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.