Michigan Criminal Lawyers Blog

October 31, 2013

2013 Halloween Safety Tips for Michigan Residents

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.

October 29, 2013

Three Niles Men, One Indiana Woman Sentenced to Prison for Narcotics Delivery

by Scott Grabel

According to a news article at Leader Publications, four individuals were sentenced to prison following a three-month long investigation into drug trafficking. The defendants, three men and one woman, allegedly trafficked crack cocaine in Niles and surrounding areas of Michigan.

Several agencies participated in the investigation, including the Niles Police Department, Grand Rapids DEA, Berrien County Sheriff’s Department narcotics unit, Michigan State Police, and the FBI office in St. Joseph. In the course of investigating the four suspects, undercover officers purchased narcotics from one of them, Harley Lamar Hatcher, at his Niles home. Two of the other suspects, Willie Earl Brown and Larry Glen Ford, were later found to have been delivering crack cocaine to Hatcher.

A South Bend, Indiana woman, Sharun Contrell Williams, was also involved in the scheme according to authorities. A search warrant was executed at her home on February 7; police seized money, cocaine, and a handgun.

The news article indicates that over the course of the investigation authorities seized 15 ounces of crack cocaine, determined to have a street value of more than $20,000. Investigations began in November 2012, when a tipster informed authorities of the alleged drug activity according to Niles Police Department Detective Chad Mitchell.

On October 8, 52-year-old Harley Hatcher was sentenced to 60 months in prison; he was charged with one count of conspiracy to deliver cocaine, and one count of conspiracy to distribute narcotics.

Larry Glen Ford, 59, was sentenced to 30 months in prison for conspiracy to deliver narcotics. Williams, 39, and Brown, 57, were sentenced to 60 months for conspiracy to deliver narcotics.

All four of the defendants were processed in Grand Rapids federal court.

Cocaine is classified as a Schedule 2 drug, one of the most abused and addictive in the country today. Individuals who are charged with cocaine possession with intent to deliver face serious criminal penalties if convicted, including a substantial number of years in prison, steep fines, and more. In fact, when more than one kilogram of cocaine is involved, the defendant may face life in prison and fines of up to $1 million dollars.

Michigan drug crime defense attorneys understand how aggressive law enforcement and prosecutors are when it comes to any alleged offense involving crack cocaine, methamphetamine, marijuana, and other illegal drugs and narcotics. In the “war on drugs,” many innocent people are charged with crimes they did not commit, or face trumped up charges of intent when they were simply in possession of a small amount of drug for their own use.

October 29, 2013

Good Samaritan Wounded While in Pursuit of Detroit Carjacking Suspect

by Scott Grabel

On Thursday October 24, Sharlonda Buckman had her 2011 Chevrolet Traverse stolen right out from under her when she stopped to buy some aspirin at a BP gas station in the 10700 block of East Jefferson Avenue in Detroit. Buckman, who is CEO of Detroit Parent Network, told police that an armed man forced her from her vehicle before she could get her door closed, and that the carjacker had a gun. The incident took place at about 8 a.m. according to a news article at The Detroit News.

Buckman’s SUV was taken; three men who were at the BP station witnessed the altercation, and came to the victim’s aid. News reports say that one of the men had a licensed firearm and shot at the suspect as he chased the unknown man while driving a 2009 blue Ford Focus.

Eventually the suspect drove the victim’s SUV through a barrier at a waterfront dock a few blocks away, jumping from the vehicle before it plunged into the Detroit River. The suspect took cover in nearby brush, and shot the good Samaritan after he exited his Ford Focus to see if the suspect was still inside the sinking SUV. After exchanging gunfire with the suspect, he suffered a gunshot wound which was described as nonfatal, and was hospitalized in temporarily serious condition.

Back at the BP station, another of the three men who came to Buckman’s rescue flagged down a U.S. Border Patrol agent.

The suspect was not apprehended as of last news reports, and may have been shot in the exchange of gunfire according to police. He escaped in the good Samaritan’s Ford Focus; police believe an accomplice may have been involved. The suspect is described as a black man in his 30s with a goatee, last seen wearing dark pants, a gray vest and blue hoodie.

Buckman had just taken her 12-year-old son to school, and said, “Thank God my son was not in the car with me.”

While it is unknown if the suspect has been found by authorities, he will no doubt face serious criminal charges when apprehended. In Michigan, carjacking is a life offense. This means that if convicted, the suspect in this case could potentially face life behind bars. He may also face additional charges for seriously wounding the good Samaritan in the shootout that erupted between the two.

October 28, 2013

Two Men Jailed on Drug Charges After Police Discover One Suspect’s Cell Phone Monitoring Deputies’ Conversations

by Scott Grabel

On Saturday October 26, Van Buren County sheriff’s deputies were in pursuit of two men, 24-year-old Jason Smith, and 26-year-old Matthew Durian, on outstanding warrants. Upon apprehending the men, it was discovered Smith’s cell phone was monitoring deputies’ conversations through an app which operated as a police scanner, according to a news article at Mlive.com.

A news release issued by the Sheriff’s Department indicated that deputies were in pursuit of the two fugitives in the area of Sixth Avenue in Bloomingdale Township when they witnessed the two men run into a field after exiting the back door of the residence. They soon apprehended the pair, both residents of Gobles.

Upon arresting the two men on the outstanding warrants, deputies heard their own radio traffic coming from Smith’s cell phone. The news release also indicated that during the arrest, Durian began pushing and kicking the deputies, although no one was injured. The sheriff’s office also revealed that upon capturing the two, deputies discovered methamphetamine and marijuana.

Durian was placed in jail for new charges of marijuana possession and resisting arrest, along with the warrant for failure to appear in court on a weapons charge. While new charges related to the scanner app on Smith’s phone will be sought by the sheriff’s office, Smith was jailed on one charge of methamphetamine possession, and on bench warrants which were issued due to his failure to appear in court on traffic violations.

Marijuana possession is a misdemeanor offense in Michigan, however individuals who are convicted may face penalties which include fines of up to $2,000 and up to one year in jail. News reports do not indicate the amount of methamphetamine Smith had in his possession; penalties for this offense depend on the amount of meth involved, and may include fines of as much as $15,000 and/or up to 10 years in prison.

October 28, 2013

Detroit Woman Faces Murder, Other Charges After Allegedly Setting Apartments on Fire

by Scott Grabel

Last week, 34-year-old Reneco Michelle Graus was charged with felony and first-degree murder after allegedly setting an apartment complex on fire in May of 2010.

Graus is accused of setting the Highland Park apartments on fire, resulting in a 64-year-old man who lived in the building jumping to his death. According to a news article at CBS Detroit, the defendant set fire to the door of one of the 56 units; 120 tenants were said to be in 42 of the apartments at the time the fire was set.

The fire spread through the complex, trapping 64-year-old Raymond Jordan on the 4th floor. He jumped after firefighters who arrived on the scene could not reach him. The Highland Park complex was located in the 270 block of Richton. News reports do not indicate why Graus set fire to the door of one of the units. More details are expected to be released following Graus’s November 5 preliminary examination.

Graus is charged with one count of felony murder, one count of first-degree premeditated murder, two counts of arson of a dwelling, and three counts of assault with intent to murder.

The defendant in this case faces extremely serious criminal penalties if convicted. While first-degree premeditated murder is a life offense, assault with intent to murder may also leave an individual facing any number of years up to life in prison. No motive was given in news articles, however it is critical that Graus hire a highly experienced Michigan criminal defense attorney to have any chance at all at escaping conviction and the serious consequences that may result.

October 25, 2013

17-year-old High School Student Pleads Guilty to Grand Rapids Home Invasion

by Scott Grabel

On Wednesday October 23, 17-year-old Sergei Ryan Guider, a Forest Hills Eastern High School student, pleaded guilty to home invasion after allegedly breaking into a home in the 2700 block of Montreat Court NE. The break-in took place in August of this year; another high school student, Shane Aaron Homrich, was also charged in the home invasion.

The two teenagers allegedly entered the home through the garage, and were confronted by Alexander Justin Pitt, the homeowner’s son and a former classmate of the two, as they were in the process of stealing items. Pitt trapped the two after finding them in the basement, according to a news article at Mlive.com. Guider and Homrich were captured at knifepoint by Pitt, who held them captive until Kent County Sheriff’s deputies arrived on the scene.

The two teens were charged with first-degree home invasion. News reports indicate that neither had a criminal record. On Tuesday, James Benison, Assistant Kent County Prosecutor, informed the judge that the prosecutor’s office would not be opposed to Guider being sentenced under HYTA (Holmes Youthful Trainee Act). Under HYTA, an individual under the age of 21 who does not commit another felony offense and who adheres to the terms of probation will have a felony conviction removed from his/her record.

Shane Homrich is scheduled to appear in court on November 26, and will likely receive a similar offer according to news reports. Both of the teens remain free on a $5,000 bond.

Michigan criminal defense attorneys realize that teenagers often get involved in mischief, never realizing the serious consequences of their actions. Had these two high school students been 21 or older or sentenced as adults, they would have faced up to 20 years in prison, the maximum sentence in Michigan for a home invasion conviction.

October 25, 2013

Michigan’s Implied Consent Law – and it’s Potential Impact on Your Driver’s License When Pulled Over for DUI

by Scott Grabel

Did you know that when pulled over on suspicion of driving under the influence in Michigan, your driver’ license could be suspended if you politely refuse to take a breath, blood, or chemical test – regardless of whether you are convicted of DUI? Michigan’s Implied Consent Law means you automatically consent to chemical testing when suspected of DUI, even if you don’t realize you gave consent. Many people do not realize this fact, although it is stated in the documents you sign when applying for a driver’s license. How many of us read all the fine print? Not many, and it could put your driver’s license in jeopardy.

The fact is, refusing to consent to testing can lead to the DMV suspending your license for an entire year. This does not apply to a roadside test, it applies when you are taken to the police station after being arrested for DUI. Should you politely decline testing to determine whether your BAC is within Michigan’s legal limit of 0.08%, a report of refusal will be forwarded to the Secretary of State informing authorities that you would not take the test. At this point, you have 14 days to contest the allegation. If you fail to do so, your driver’s license will be suspended for one year, and six points added to your driving record.

While this may sound harsh, it is simply the law in Michigan. How your case goes in court regarding allegations of drunk driving has very little to do with whether your driving privilege will be taken away. In fact, even if you are found not guilty in court or the charges are dismissed against you, the fact that you allegedly refused a breath test when requested by police could leave you in a very tough situation considering driving a vehicle is essential to most people’s everyday lives.

Ultimately, the smartest action you can take is to consult with a highly experienced Michigan drivers license reinstatement lawyer immediately when you have violated Michigan’s Implied Consent Law (although it may have been unknowingly). Appealing the suspension of your license to the Secretary of State in a timely fashion is critical. Your lawyer will challenge issues regarding police, and whether you were advised of your rights in regards to chemical testing, along with other issues regarding police actions.