Michigan Criminal Lawyers Blog

October 22, 2013

Egelston Township Man’s Convictions for Child Rape Upheld by Michigan Court of Appeals

In January of 2012, 41-year-old Steven Wei was sentenced to up to 45 years in prison for allegedly sexually abusing a young girl repeatedly. The abuse was brought to light when a teacher was approached by the victim after listening to a school presentation regarding sexual abuse.

Wei, who was charged in 2010 with two counts of first-degree criminal sexual conduct with a victim younger than 13 and three counts of second-degree CSC with a victim younger than 13 appealed his convictions. The defendant argued that the trial judge was biased against him, and that in both his two jury trials, there was misconduct by prosecutors.

The alleged victim was Wei’s stepdaughter according to the opinion released by the appeals court. She was approximately ten years old when the abuse took place, usually on Mondays while the victim’s mother was away from the home with her son. Wei argued in his appeal that the evidence presented at trial was insufficient to convict him of first-degree CSC due to the fact that the evidence did not establish sexual penetration occurred as defined by MCL 750.520a(r).

Three appellate judges rejected Wei’s claims this week, upholding his convictions. The panel determined that the defendant’s claims of prosecutorial misconduct during closing arguments was unfounded, as Wei failed to object to each instance of misconduct. Wei argued prosecutorial misconduct on several issues, however the appeals court judges disagreed.

Michigan criminal appeals attorneys understand that 45 years behind bars is a very long time; in fact, Wei will be in his mid-80’s if he does spend that number of years in prison. In cases involving children and step parents, it is very difficult to know the truth. While the child in this case may very well have been sexually abused, children are often coerced into making up stories, or may even be exposed to television shows, news, or other media that give them ideas.

October 22, 2013

Home Alarm Attracts Police; Muskegon Man Charged with Growing Marijuana, Gun Crimes

by Scott Grabel

On Monday October 21, 53-year-old Marlon Gene Kelley was arraigned on charges of firearm possession by a felon, second-offense marijuana manufacture, and possessing a firearm while committing a felony. Police responded to Kelley’s home when the alarm system sounded in the late afternoon hours of October 18. Upon their arrival, no one was home but officers entered after they found the door unlocked. This is when they allegedly discovered a marijuana grow operation, along with one shotgun and four handguns.

Kelley eventually arrived at the home, and was arrested. Authorities claim that he does not have a medical marijuana card, and that he is a convicted felon. Because of prior convictions on felony drug charges, he was charged as a fourth-time offender.

If convicted, Kelley will face punishment which includes up to 8 years in prison on the marijuana growing charge. News reports indicate that he could face any number of years to life in prison for the felony firearm possession charge due to the fact that he is a fourth-time habitual offender.

Kelley’s preliminary exam is set for November 4; a cash or surety bond of $50,000 was set for the defendant by Muskegon County 60th District Judge Harold F. Closz III.

News articles claim that police discovered lights, fertilizer, and eight marijuana plants in Kelley’s home, among other items. When arrested or charged with manufacturing marijuana, it is critical to obtain the support and guidance of a seasoned Michigan drug crime defense attorney. While 8 years in prison is a substantial amount of time, many drug offenses leave the convicted individual facing a term of life behind bars.

October 21, 2013

Flint Man Facing 6 to 15 Years in Prison for Fatal 2010 Drug House Shooting

by Scott Grabel

On Wednesday October 17, 30-year-old Ricco D. Holmes of Flint was sentenced by Genesee Circuit Judge Archie Hayman to six to 15 years in prison after pleading no contest to second-degree murder in connection with a 2010 drug house shooting. Holmes allegedly fatally wounded Marcus Bishop after shooting him in the head multiple times at a home located at 6714 Eastmount Drive. He was charged with the murder in September of 2012.

Former Flint Police Sgt. Mike Angus investigated the shooting at the drug house after receiving tips and information regarding the incident. Angus was investigation a gang known as the “Howard Boys” gang, although the defendant was not a member of the gang. Following the investigation, charges were filed against Holmes who is said to have a long criminal history including drug possession, breaking and entering a vehicle with damage, and felon in possession of a firearm.

On May 27 of 2010, Flint Police responded to reports of gunshots being fired in the area. Upon arriving at the known drug house, they found the victim, who was in his 20’s, dead at the scene. At the time, police were looking for suspects in the shooting. In September of 2012, a warrant was issued for Holmes, who police believed to be responsible for Bishop’s death. At the time, Holmes was serving up to 15 years for second-degree murder in the death of Lennon Johnson Jr. In April of this year, the Michigan Court of Appeals reversed Holmes’s conviction, ruling that his counsel in the 2011 trial was ineffective.

Holmes will now face up to 15 years in prison; he was also ordered by the judge to serve a two-year prison term consecutively on felony firearms charges.

October 21, 2013

West Michigan Drug Ring Used Medical Marijuana Law as a Ruse for Drug Trafficking, According to Authorities

by Scott Grabel

Authorities have recently discovered that an alleged drug ring in West Michigan was using Michigan’s medical marijuana as a “ruse” to manufacture and distribute marijuana across the state. It is believed there are approximate 27 individuals involved in the drug ring, most of whom live in Grand Traverse, Kent, Muskegon, Oceana, and Ottawa Counties according to a news article at Mlive.com.

The group, known as MMT or Medical Marijuana Team, claimed to provide marijuana to sick people. However, DEA task force officer Patrick Frederick wrote in a complaint that the group was using the framework of Michigan’s medical marijuana law instead to make money. Frederick came to this conclusion following weeks of investigation which included wiretaps on cell phones of the principal members of MMT. The operation to uncover the manufacture and sale of marijuana by the organization was named “Operation High Mileage.” Those who participated in the investigation included KANET (Kent Area Narcotics Team), the DEA, and numerous law enforcement agencies in the area consisting of more than 160 officers. In all, 500 marijuana plants and other assets (proceeds believed to be from marijuana sales) were seized by police.

In listening to the wire-tapped phone calls, leaders of the MMT boasted about having a “doctor on the payroll.” Federal prosecutors said in a criminal complaint that leaders of the drug ring believed this would provide a measure of protection, that the “doctor” would certify customers as patients who needed medical marijuana.

Authorities had been investigating the organization since August of 2012, and allege that high-grade marijuana was being sold for as much as $3,200 a pound. It was also alleged that the doctor the group had on board approved “patients” under the medical marijuana act, and was paid in cash, earning up to $10,000 in a single day. Additionally, members of the drug ring worked to convince family members to get medical marijuana patient cards so that the organization could legally manufacture additional marijuana.

DEA task officer Frederick stated in court records that the organization took pride in providing marijuana considered to be “high grade.” The organization owned In Do Grow and Plant Paradise, two grow stores in which members provide direct sales of marijuana to social users, other distributors, and customers. Most of the members of the group are medical marijuana caregivers, patients, or both according to police, who say intercepted phone conversations included members talking about the “doctors,” often referring to them as a “real” doctor or “weed” doctor.

In addition, when a marijuana manufacturing operation run by the organization was broken into earlier this month, a phone call between one of the alleged leaders of the group, Shawn Taylor, and others revealed that Taylor said he had $100,000 worth of weed stolen from him. The incident was captured on surveillance, as the group had an alarm system to protect the operation. Even though Taylor viewed his marijuana being harvested by intruders, no one reported the theft to police.

25 of the 27 suspects believed to be involved in the drug trafficking ring were arrested on Wednesday.

Michigan drug trafficking attorneys know the serious charges someone faces when accused of drug trafficking. While there is no doubt people do use the state’s medical marijuana law to engage in illegal activity, some who are patients or caregivers and who use or grow marijuana legitimately often get caught up in criminal charges. If it is determined the 27 individuals in this situation were indeed disguising their operation in order to run a drug trafficking ring, the punishment they face will be severe and may include a substantial number of years in prison, along with steep fines.

October 18, 2013

Au Gres Man Driving on Suspended License Pleads No Contest in OUIL Crash that Led to Injuries

by Scott Grabel

Michael J. Brown, a 23-year-old Au Gres man, recently pleaded no contest in a drunk driving incident that led to the injuries of a Bay County man. Brown will now be facing prison time of up to five years. Brown’s restitution hearing is scheduled for November 15.

Initially the defendant was charged by prosecutors with one count of operating a motor vehicle while license suspended causing serious injury, and one count of OWI causing serious injury. Both counts are five-year felonies, although prosecutors recommended that the defendant’s sentence not exceed 18 months in prison in exchange for Brown’s no contest plea to OUIL, third offense. Court records indicate that Brown had to agree the injuries sustained by the victim qualify as serious, a condition of his plea.

The accident occurred at approximately 6:30 p.m. on January 25 of this year. Upon arriving at a two vehicle crash near Fraser Road in Pinconning Township, Michigan State troopers found that Brown’s Ford pickup had collided head-on with the victim’s Dodge pickup. Lyle T. Warren, the 56-year-old victim, told troopers that Brown’s pickup crossed into his lane, and that because it had only one headlight, he initially believed it was a snowmobile.

Approximately two hours after the crash, the defendant’s blood alcohol level registered 0.23, nearly three times the legal limit of 0.08 in Michigan.

Because the defendant in this case was found to be driving on a suspended license, it is highly likely his license will be suspended for an even longer period, or possibly even revoked considering he pleaded no contest to an OWI third offense. No one wants to spend time in prison, but being without a drivers license will be a hardship once the defendant is no longer incarcerated.

October 18, 2013

Former Okemos High School Football Captain Convicted of Murder of MSU Student; Family Will Appeal

by Scott Grabel

On Tuesday, October 15, 19-year-old Connor McCowan was convicted of second-degree murder in the death of Andrew Singler, a 23-year-old MSU senior who was the boyfriend of McCowan’s sister, according to an article at the Lansing State Journal. McCowan’s family intends to appeal his conviction following his November sentencing.

When sentenced, McCowan could potentially face life in prison; at a minimum he will spend twelve years behind bars. Andrew Singler died as a result of stabbing in February of this year. Jurors found McCowan guilty in large part due to threatening text messages the defendant allegedly sent to the victim shortly before the stabbing, according to Stuart Dunnings III, Ingham County Prosecutor. Dunnings alleged that the text messages sent to the victim “clearly showed intent,” that McCowan had gone to Singler’s apartment to do something serious.

McCowan’s defense lawyer said that his client had become involved in a confrontation with the victim, and that he acted in self defense. During the trial, it became clear that the two were like brothers after Singler began dating the defendant’s sister. They apparently became involved in an argument on the telephone, when Singler called McCowan names and called Shay, McCowan’s sister whom the victim was dating, a dirty word. McCowan was punched in the face by the victim before pulling a folding knife out of his pocket in defense, according to court testimony.

Chris Bergstrom, McCowan’s defense attorney, maintains that his client was not the aggressor, and that McCowan had gone with his sister to Singler’s apartment many times during her relationship with the victim to help “calm the waters.”

In a news article at WILX 10, McCowan’s family states that they will appeal the conviction, however they will have to wait until the defendant is sentenced in early November.

It is impossible to imagine the pain both families are going through in this situation. McCowan’s attorney believed he had strong grounds to prove self defense, however the jury found otherwise. This is what the criminal appeals process is all about – providing defendants who believe they have been wrongly convicted with an opportunity to prove otherwise. While appealing a conviction or sentence is complicated, it is one more option for a defendant to attempt to regain his or her freedom when the criminal justice system has failed them.

October 17, 2013

21-year-old To Face Minimum of 9 Years in Prison for Stabbing Man to Steal $40

by Scott Grabel

21-year-old Tyson James Grant of Wyoming recently pleaded guilty to stabbing a 61-year-old man at a home the two men shared in an attempt to steal $40. Now, Grant will spend a minimum of 9 years behind bars, according to a news article at Mlive.com. Grant allegedly assaulted Thomas Lindhout on March 21 with a knife; the victim was hospitalized with numerous injuries.

Curiously, the victim did not cooperate with police when they were investigating the stabbing. At the time of the incident, Capt. Kim Koster stated in a news article that the suspect was still at large, and the victim would not provide police with his name.

The incident occurred west of Burlingame Avenue in the 1900 block of Chicago Drive SW at around 9 p.m. Grant fled the scene, but was found in Grand Rapids a day later by Wyoming police. He was scheduled to go to trial October 14 on charges of armed robbery and attempted murder, but instead pleaded guilty in Kent County Circuit Court to armed robbery and assault with intent to do great bodily harm less than murder. While the maximum sentence for his crimes is life in prison, prosecutors requested a minimum of nine years in jail as part of the plea agreement.

Grant is scheduled to go before Judge Paul Sullivan on November 5 for sentencing.

While 9 years is no doubt preferable to spending a lifetime behind bars, it is still a substantial number of years, particularly for a young person who is 21 years old. The judge could decide to sentence Grant to any number of years, possibly up to life although it isn’t likely. Regardless, the penalties for armed robbery and assault with intent to do great bodily harm less than murder are extremely harsh. Had Grant not pleaded guilty and been convicted by a jury, it is likely he would have faced harsher punishment.

October 16, 2013

Former U.S. Postal Service Employee Pleads Guilty to Home Invasion After Stalking Female Co-Worker

by Scott Grabel

On Friday October 11, 34-year-old Noah Buist pleaded guilty to one count of felony home invasion in Kalamazoo County Circuit Court. Buist was scheduled to stand trial on Tuesday October 15, but pleaded guilty to the first-degree home invasion charge before Circuit Judge Pamela L. Lightvoet.

Buist, a former U.S. Postal Service employee, allegedly used a GPS tracking device to stalk a former female co-worker, according to a news article at Mlive.com. The defendant reportedly broke in to 28-year-old Laura Bolen’s Texas Township home on April 11 of this year.

Kalamazoo Public Safety Officer John Vandenberg, Bolen’s former boyfriend, testified in court that in the early morning hours of April 11, he and Bolen arrived at her home following a hockey game. Vandenberg testified that after the two went inside the home, Bolen’s dog began running up and down basement stairs while barking. Vandenberg initially thought the dog, named Oreo, was just excited. Vandenberg and Bolen became suspicious after the two noticed there were dog treats in Oreo’s crate, which neither had placed there.

Vandenberg then began searching the home, and eventually found Buist in the basement area in the closet of a rear bedroom. He wrestled Buist to the ground, where he held him until Kalamazoo County sheriff’s deputies arrived. When searched by deputies, it was found that Buist had a flashlight, knife, socket wrench set, ski mask, and GPS device in his pockets. Bolen suspected that the defendant had been following her, and asked deputies to search her car where they found a GPS tracking device.

Investigators said that Buist had attempted to break into Bolen’s home on prior occasions without success, and had searched the Internet using his cell phone to find out how to break into a house. He used a credit card to gain entrance into Bolen’s home on the day of the incident.

Buist will spend one year in jail according to news reports. He will then be required to wear a GPS tracking tether and serve five years of probation according to Chief Assistant Prosecutor Carrie Klein. Buist is scheduled for sentencing on November 4.

First-degree home invasion is a felony offense punishable by up to five years in prison. Buist’s sentence was reduced due to his pleading guilty to the charges.

October 16, 2013

Woman Pleads Guilty to Possession of Controlled Substance, Avoids Prison Time After Bringing Loaded Handgun to Saginaw Courthouse

by Scott Grabel

On Monday October 14, 45-year-old Sherenia Parks pleaded guilty to possession of a controlled substance. According to a news article at Mlive.com, her plea will allow her to avoid prison time.

It all began on May 15, when Parks went to the Saginaw County Governmental Center to pay a ticket for parking on the lawn, according to her defense attorney James Gust. Parks was found to have a loaded handgun in her purse when deputies discovered it at the building’s front entrance checkpoint. Gust claimed that Parks did not realize the gun was in her handbag. It was determined by deputies that while the gun was not registered to Parks, it was not stolen.

Authorities at the checkpoint also found Parks to be in possession of a controlled substance, Vicodin, which was prescribed to another individual. She was charged with possession Vicodin, carrying a concealed weapon, two counts of possessing a firearm during the commission of a felony, and possessing a firearm as a felon. At Saginaw County Court on May 28, she waived her right to a preliminary hearing.

In exchange for her guilty plea to possession of a controlled substance on Monday, prosecutors will drop the remaining charges. A conviction on the possession charge typically leaves the defendant facing up to two years in prison, however prosecutors agreed that Parks will not serve prison time in the plea deal.

At court, the defendant testified that she had pleaded guilty to the drug possession charge due to the fact that she did have Vicodin, although it was not prescribed to her. Parks took a polygraph test which indicated she did not know the gun was in her purse when she entered the courthouse on May 15, although these results are not admissible in court.

Michigan drug possession attorneys know the serious penalties individuals may face when found in possession of Schedule 3 drugs which are not prescribed to the individual in possession. The penalties for a conviction on Vicodin possession charges include fines of up to $2,000 and up to two years in jail.

October 15, 2013

Court of Appeals Orders New Sentence for Man Convicted of Drunk Driving Causing Death

by Scott Grabel

In July of 2012, Thomas Murdock was found not guilty of involuntary manslaughter in the June 2011 death of his girlfriend, who died after being struck by Murdock’s vehicle as he backed it up so that Lisa Hardwick, the victim, could mow the lawn.

While found not guilty on that charge, Murdock was found guilty on four other charges, including possession of marijuana, operating while intoxicated third offense, OWI causing death, and driving on a suspended license.

Murdock was sentenced in September of 2012 in Alger County Circuit Court to two to fifteen years in prison. Upon finding Murdock guilty in July, bond was revoked and he was immediately incarcerated in the Alger County Jail.

Prosecutors said in opening statements at trial that Murdock and his girlfriend had been arguing, and that Lisa Hardwick got out of the truck before being ran over by the defendant. However, both the prosecution and defense agreed that the defendant did not run over Hardwick intentionally. News articles at Upper Michigan’s Source state that both Murdock and his girlfriend were found to have BAC higher than the legal limit, and had been smoking marijuana.

Last week, the Michigan Court of Appeals sent the case back to Alger County Judge William Carmody, ruling that the judge was “too generous” in sentencing Murdock, and that the sentence previously handed down to the defendant was one year less than the Michigan state sentencing guidelines call for.

While sentencing is often appealed by a defendant’s attorney when it is believed the sentence is too harsh or departs upwardly from sentencing guidelines, prosecutors may also file an appeal when they feel the sentence given to a defendant is too lenient. Unfortunately, the death of the victim in this case clearly resulted from a devastating accident, likely caused due to the fact that the two were drinking heavily and smoking pot. Depending on the outcome when the defendant is resentenced, he could spend a substantial number of years behind bars.