Michigan Criminal Lawyers Blog

October 17, 2013

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

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.

October 15, 2013

Brandon Township Ex-Marine Arrested in Connection with Wife’s 2004 Murder

by Scott Grabel

In 2004, a woman’s skeletal remains were discovered in a remote area of Wonder Valley by a traveler who was walking his dog. The body was in a shallow grave located in a remote desert area off Ironage Road, approximately one mile south of Twentynine Palms Highway. It was determined through dental records that the woman was 33-year-old Jean Leppan of Yucca Valley.

Jean’s husband, Charles Leppan, was interviewed and arrested on that same day, suspected by authorities of murdering his wife. Shortly thereafter, Supervising Deputy District Attorney Linda Root announced that a decision had been made not to file charges against Charles Leppan at the time, as the investigation was ongoing. Homicide Sgt. Bobby Dean issued a statement shortly thereafter that the victim was last seen in January, and that she and Charles Leppan, who was a sergeant in the Marine Corps, were attempting to reconcile their marriage, and shared a home in Yucca Valley, California.

Charles Leppan was allegedly the last person to see his wife alive; Dean said that Leppan did not report his wife missing, and that he remarried in February, just two weeks after the last time his wife had been seen alive.

Now, some nine years later, Charles Leppan who is now 41 years old has been arrested in connection with the homicide. Leppan was arrested on Sunday October 13 at his Brandon Township home by Oakland County sheriff’s detectives along with the San Bernardino County district attorney and sheriff’s detectives.

News reports indicate that Leppan will be extradited and face charges in California; he was being held at the Oakland County Jail.

While no doubt the criminal penalties are harsh for those convicted of murder in California, Michigan criminal defense lawyers know that this is a crime punished harshly in every state across the U.S., including Michigan. Individuals convicted of first-degree murder in the state will face life in prison; other homicide charges such as second-degree murder, and voluntary/involuntary manslaughter also subject the defendant to serious and life-changing consequences.

October 15, 2013

Marijuana Grow Operation Discovered in Fife Lake When Authorities Respond to Fire

by Scott Grabel

On Sunday October 6, the Fife Lake Fire Department responded to reports of a fire at an apartment complex located at 206 Main Street. After investigating, authorities suspected the blaze was sparked by a light used in a large indoor marijuana grow operation, according to a news article at the Traverse City Record-Eagle.

Members of the fire department found that residents in two apartments were growing marijuana; upon inspection by the Traverse Narcotics Team and Grand Traverse County sheriff’s deputies, it was determined that marijuana plants were being grown throughout the five apartment structure, including in the basement.

The building sustained substantial fire and smoke damage, causing three of the residents to be evacuated.

One of the residents of the apartment complex claimed that he was growing marijuana for his own personal medical use, and that he had a permit. However, authorities found the number of plants the resident was growing to be more than allowed under limits set by the state of Michigan.

Upon inspection of the high-powered grow lights, authorities found that an electrical cord was worn, exposing bare wires. While investigations continued, it is believed the grow light started the fire.

In Michigan, individuals with certain medical conditions such as glaucoma, Crohn’s disease, and cancer are permitted to use marijuana and possess the drug legally, without facing criminal charges. While patients and caregivers must be registered, caregivers are limited to caring for five patients. Under MMMA (Michigan Medical Marijuana Act), caregivers may only possess 12 marijuana plants, or up to 2 1/2 ounces of finished marijuana.

The state’s medical marijuana laws are not clear; many individuals have a difficult time understanding them. While charges had not been filed against any of the tenants as of the time of news reports, investigations were ongoing, which could lead to charges. Unfortunately, those who believe they are in compliance with the law often face criminal charges, as prosecutors and police will make every effort to prove that an individual was in possession of more marijuana or plants than is legal for medical purposes.

October 14, 2013

Tecumseh Man Pleads Guilty to Meth Lab Charges

by Scott Grabel

Recently, 42-year-old Greg William Keebler of Tecumseh pleaded guilty to charges in connection with operating a methamphetamine lab. In April, the OMNI III Narcotics Team obtained and executed a search warrant after suspecting the defendant was operating a meth lab at the Marlboro Apartments where he lived. Another individual, 34-year-old Belinda A. Gonzales of Adrian, was also arrested.

Upon searching the apartment, investigators found marijuana and finished methamphetamine. According to a news article at the Tecumseh Herald, they also discovered three shotguns, pseudoephedrine, chemical solvents, and other components used in methamphetamine manufacturing. Authorities also found homemade lab equipment, and claimed one of the shotguns found at the scene was loaded.

The Lenawee County Sheriff’s Office and Tecumseh Police Department officers assisted OMNI III with the investigation.

Belinda Gonzales pleaded guilty to drug house, meth possession, and meth lab charges in May. She was given a three to ten year prison term at her sentencing in May.

Keebler pleaded guilty to the charges on October 2. He is scheduled for sentencing on November 2, and remains lodged at the Lenawee County Jail on a $225,000 bond. For his guilty plea of maintaining a drug house and operating a meth lab, he may face up to ten years in prison.

Michigan drug possession attorneys know the serious consequences individuals face when charged with drug crimes such as cultivation or manufacturing of methamphetamine, marijuana, and other illicit narcotic drugs or substances. Illegal drugs are a serious problem in the state; police and prosecutors crack down hard on those suspected of possessing, manufacturing, or distributing drugs including heroin, cocaine, and even prescription narcotics like Vicodin and oxycodone.

October 14, 2013

Paw Paw Man Facing Charges of Attempted Murder After Alleged Beating of Estranged Girlfriend

by Scott Grabel

On Friday, 22-year-old Kane D. Reeves of Paw Paw was charged with attempted murder after allegedly beating his estranged girlfriend in what is described as a “vicious” attack. Police claim Reeves threatened to kill the victim, who according to news articles is the mother of Reeves’ three children.

The incident took place on Wednesday October 9. Authorities say the victim suffered extensive injuries to her face, and will need reconstructive surgery. Reeves was charged with a single count each of assault with intent to commit murder and attempt to murder after a warrant was authorized by the Van Buren County Prosecutor’s Office.

Sheriff’s investigators claim that Reeves laid in wait for his estranged girlfriend at her home on Wednesday morning after suspecting that she was engaged in an affair with one of his close friends. The victim arrived at her home at approximately 8:30 a.m., and Reeves then allegedly assaulted her in a way that was described in a news release issued by the sheriff’s office as “immediate and vicious.” One of the victim’s neighbors called deputies after witnessing the victim being chased by Reeves, her face covered in blood.

The victim said that Reeves had told her that she was going to die during the vicious attack. Police said the defendant also suffered damage to his face and head after slamming it repeatedly into the patrol car’s Plexiglas divider.

Michigan assault defense attorneys understand that violence is often the result of rage or jealousy. Unfortunately, if convicted the defendant may face life behind bars, a sad fact considering he is only 22 years of age. While this is absolutely a violent and heinous act, there are situations in which those accused deserve a second chance.

October 11, 2013

Appealing a Criminal Conviction in Michigan Based on Ineffective Counsel

by Scott Grabel

As highly qualified Michigan criminal appeal attorneys, we are occasionally asked by defendants whether they can appeal a conviction based on the fact the defendant felt his or her defense lawyer was ineffective or incompetent. There are occasions on which a defendant may feel that had his or her attorney provided quality legal representation, the defendant would not have been found guilty.

The truth of the matter is that appealing solely on the grounds of ineffective counsel is extremely difficult. However, this is not to say an appeal cannot be won, particularly if you have a skilled and experienced lawyer on your side who has successfully represented many clients when appealing a conviction or sentence.

Why is it so hard to appeal a conviction based on ineffective assistance of counsel in the state of Michigan? Here is what you must prove in order to establish a claim:

Your attorney did such a poor job of representing you at trial that a conviction by the judge or jury was nearly a guarantee.

The representation provided by your attorney fell below an objective standard of reasonableness (below what are considered “normal” standards for law professionals).

Unfortunately, when a defendant desires to appeal on grounds that his or her attorney failed to introduce evidence or call an expert witness, or failed to object to testimony or interview a witness who may have shed new light on the case, the courts often turn a deaf ear. Basically, unless your attorney did absolutely nothing else other than show up for the trial, it isn’t likely the court will delve into your complaints.

Michigan courts are not concerned about how well your attorney represented you in court; what they are concerned about is whether you may have been denied a fair trial. Therefore, the courts will not review how your lawyer presented your case overall, but perhaps any serious errors which may have resulted in an unfair trial.

October 11, 2013

Michigan Semi-Truck Driver has CDL Suspended Following Fatal Crash

by Scott Grabel

In June of 2013, Tracy Ferrell was convicted of reckless driving for a 2012 incident in which he was charged with DUI after driving into a light pole and mailbox in Pennsylvania. Ferrell held a Michigan CDL (commercial drivers license) at the time. However, the information regarding the reckless driving convicted was not added to his driving record according to a news report at ABC 6 On Your Side, which claims that it is the responsibility of the Pennsylvania Transportation Department to report the conviction to Michigan. Therefore, Ferrell’s CDL was not suspended at the time.

On September 11 of this year, Ferrell was involved in a crash in Ohio that resulted in the death of Amy Schneider, and injury of two others. Following the incident, his commercial driver’s license was suspended. Ferrell allegedly slammed into three vehicles on US-23, and was accused of attempting to hide his sleep schedule and driving log. Now, Amy Schneider’s surviving family members are calling for new regulations designed to commercial truck drivers who are “unsafe” off the roadways.

As of the most recent news reports, police were waiting on results of toxicology reports to determine whether charges will be filed against Ferrell.

Michigan driver’s license restoration attorneys realize that besides having his CDL license suspended, Ferrell may face serious charges if it is determined he was under the influence of alcohol or drugs when the fatal accident occurred. If charged with OUIL, UBAL, of OWI causing death or serious injury, he may face penalties which include fines of up to $10,000 and up to 15 years in jail. News reports do not indicate whether law enforcement suspect he was under the influence of any illegal substance when the crash took place.

While it is certainly true that some commercial drivers have no business operating massive semi-trucks and tractor-trailer rigs, others are often the victims of unfortunate circumstances. Having your CDL suspended or revoked when driving is the source of your livelihood can be devastating.