Michigan Criminal Lawyers Blog

October 24, 2013

Comstock Park Man Charged with Open Murder in Death of Cousin Returns to Court

Kyle Alan Wilson, a 23-year-old Comstock Park resident, was arraigned on charges of open murder on September 16 in connection with the death of his 33-year-old cousin on September 13. Wilson and his cousin, Brandon Nelson, shared a York Creek apartment. The two allegedly became involved in an altercation that ended in Nelson being struck in the head; he died of blunt force trauma, according to court documents.

This week Wilson returned to court for a probable cause hearing in the death of his cousin. According to a news article at Mlive.com, this is the second time that Wilson has been accused of using deadly force to end a dispute. Wilson allegedly stabbed a 15-year-old boy in 2007 during an altercation over a debt; he pleaded guilty in that case to manslaughter, and served approximately five years in prison. He was released in April of 2012.

On Friday September 13, deputies responded to the 3800 block of Yorkland Drive NW at approximately 11:30 p.m. Upon arriving at the scene, officers found Nelson dead. Wilson was arrested the next day as he was walking in Alpine Township. He confessed to authorities that he and Nelson had been involved in an altercation that resulted in his cousin’s death.

The probable cause hearing which was scheduled for Tuesday was to be presided over by Kent County District Court Judge Steven Servaas to determine whether evidence is sufficient to bound Wilson over to felony court. If convicted, Wilson may face the maximum punishment of life in prison without parole.

Murder is the most serious criminal offense an individual can be accused of, regardless of which state a person resides in. Individuals who are charged with open murder (the degree of which is determined by a judge or jury) must have an experienced and aggressive Michigan criminal defense lawyer on their side in order to have any chance of obtaining positive results.

Even in a situation where the offense is particularly violent, every person in the U.S. is innocent until proven guilty. In cases where the accused did actually commit a heinous or violent act, a skilled defense attorney may be able to negotiate with prosecutors to have the charges reduced, particularly in situations where the defendant is of a young age.

October 24, 2013

Hit Man to Testify on Behalf of Davontae Sanford Following Appeals Court Ruling

by Scott Grabel

In August, we wrote about a 19-year-old developmentally disabled man who was convicted of killing four individuals when he was 14 years old. Davontae Sanford took his case before the Michigan Court of Appeals, claiming he was wrongly convicted of the murders. A known hit man, Vincent Smothers, claimed that he committed the murders, although he was not allowed to testify at trial. Now, the Michigan Court of Appeals has ruled that Smothers will have the opportunity to testify, possibly clearing Sanford of the Detroit drug house quadruple killing.

Sanford initially pleaded guilty to second-degree murder after five people were shot at a drug house in September of 2007. Only one of the shooting victims lived. Sanford spoke to a police officer as police were canvassing the area talking to neighbors. He denied any involvement at first, but then admitted that three other individuals and himself fired into the house. The appeals court’s opinion said that while Sanford’s account of the events corroborated with evidence found by investigators, some details were conflicting.

After pleading guilty to second-degree murder, Sanford was sentenced to 37 to 90 years in prison. At the age of 14, Sanford was interrogated by police and admitted to the murders without the presence of a parent or attorney.

Vincent Smothers is serving time for multiple drug-related killings, but said last year that the murders Sanford had been charged with were committed by himself and an accomplice. While Smothers made the statement in an AP interview and a sworn affidavit, Wayne County Prosecutor Kym Worthy refused to drop the charges against Sanford, and did not charge either Smothers or his alleged accomplice. The judge in the case denied Sanford’s request to have Smothers testify to the murders, or to allow him to withdraw his guilty plea.

Ultimately, the appeals court panel ruled that Smothers should be allowed to testify if willing. While the decision of the court does not allow Sanford to withdraw his guilty plea, the case will go back to court and the trial judge has been ordered to hear testimony from Smother’s attorney, as the hit man allegedly confided in her regarding the details of the drug house shootings.

The appeals court ruled on Sanford’s case in late September; the Wayne County prosecutor’s office was given 56 days to decide how they want to move forward with the case, according to spokeswoman Maria Miller. Kim McGinnis, attorney assigned by SADO to represent Sanford, said that “This is a big victory for Davontae.”

While this is no doubt at least a minor victory for Davontae Sanford, Michigan criminal appeals attorneys know that successfully appealing a criminal conviction or sentence is not easy. As evidenced by this case, there are often errors made in the criminal justice process, some of which impact the outcome for the accused. A young man may very well be sitting behind prison bars for a crime he did not commit.

October 23, 2013

Flint Man Pleads Guilty to Federal Charges of Possession with Intent to Distribute Marijuana

by Scott Grabel

On Thursday October 17, Broderick D. Miller pleaded guilty to a single count of possession with intent to distribute marijuana in Flint U.S. District Court. Miller pleaded guilty after nearly two kilos of marijuana were discovered by authorities in his north side home, according to a news article at Mlive.com.

Court records indicate the defendant has a long criminal history which includes prior convictions for felony firearms, carrying a concealed weapon, drug charges, and fleeing and eluding police. In May of 2012, law enforcement authorities served a search warrant on Miller’s home. Upon searching the residence, investigators located two stolen semi-automatic pistols and several plastic bags containing marijuana in the kitchen area. The pistols were found under the couch; a charge of felon in possession of a firearm was dropped after Miller’s attorney argued that the pistols could have been placed under the sofa by anyone who had accessed his home, and due to lack of physical evidence by federal authorities as proof that Miller possessed the weapons.

Miller will likely be required to serve three to four years in federal prison when he is sentenced on February 18.

Michigan drug crime attorneys are highly familiar with the criminal penalties a defendant may face if convicted of crimes involving the manufacture and/or distribution of Schedule I and II drugs in Michigan. Depending on the type of illicit drug or narcotic and amount involved, some offenses will leave an individual facing many years or even life in prison, along with thousands of dollars in fines. Other consequences of a drug conviction may include drivers license suspension, community service, a court ordered drug program, and more.

October 23, 2013

Kalamazoo Man to Stand Trial for Open Murder in Fatal Edison Shooting Death

by Scott Grabel

On August 23, 43-year-old Leonel Lopez Jr. suffered a fatal gunshot wound to his throat; now, 22-year-old Demarcus Finley of Kalamazoo will stand trial for open murder and other charges, according to a news article at Mlive.com.

District Judge Anne E. Blatchford ordered Finely to stand trial after hearing witness testimony on Tuesday October 22. Finley allegedly shot Lopez in the neck during an incident that began at Howard’s Party Store on Portage Street in Edison, then continued as those involved left in cars, according to Vianka Walton’s testimony. Walton is Lopez’ sister.

The two men were allegedly engaged in an ongoing feud, and saw each other by “happenstance” at the party store. Walton’s two children and a niece sat in her car in the parking lot as she got money and her brother purchased beer. The defendant then allegedly walked into the store with three children and his girlfriend. After going out into the parking lot, Walton testified that her brother asked Finley if he was “the one who shot up his mom’s house.” Finley didn’t answer, and Walton and Lopez got into her car and began pulling out of the parking lot. By this point, the defendant had three other men with him according to Walton.

Walton claimed in court that from that point, she drove on and was later turning onto Race in Stockbridge when a beer was thrown at her Chevrolet Impala by one of the men she had seen with Finley at the party store. She testified that in the following moments, Finley shot and killed Lopez.

News reports indicate that Lopez and Finley along with their family members and friends in their respective vehicles continued arguing as they were driving their vehicles, and that upon stopping in the 1400 block of Race Street, a fight broke out not only between the deceased victim and the defendant, but passengers in both vehicles as well.

Finley was ultimately charged with one count of open murder, possession with intent to deliver marijuana, two counts of felony use of a firearm, and felon in possession of a firearm. News reports do not indicate when Finley’s trial is scheduled to begin.

While all of the charges against the defendant are serious, a charge of open murder may leave Finley facing a lifetime in prison if convicted. In Michigan, when an individual is charged with open murder it simply means that the “degree” of murder is left up for the judge or jury to decide. Regardless, it is an extremely serious offense that requires the legal guidance and support of an aggressive defense attorney. An experienced lawyer is frequently able to have the charges against his or her client reduced, so that the penalties the client faces are less severe.

October 22, 2013

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

by Scott Grabel

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.