Michigan Criminal Lawyers Blog

October 8, 2013

Teen Charged in Shooting at Kentwood House Party Faces Potential Life Behind Bars

Zebulan Timothy Nester, 17, is charged with assault with intent to rob and felony use of a firearm in connection with a shooting that occurred at a Kentwood party in August which injured 22-year-old Terrence Giles. Following the altercation, Nester allegedly eluded police for weeks before members of the FBI fugitive task force found him at a Shell gas station.

According to news articles at Mlive.com, Nester, a resident of Sparta, burst through the door as a house party was going on and became involved in an argument with Giles before shooting him. A bullet went through Giles’ elbow, and another lodged in his hip where it remains. Giles told police while in the hospital that Nester burst in and asked Giles, “Where is it at.” News reports do not indicate what Nester meant by the remark.

Giles was reportedly hanging out and smoking marijuana with a young lady at an underage party where guests were using marijuana and drinking alcohol when the incident took place. Nester allegedly pointed the gun at Niles’ head after making the remark. After shooting Giles, Nester fled the scene and would not be located by authorities for four weeks.

Police were told that Nester had left the state, and possibly the country. Their difficulty in locating him was due in part to the fact that he had no fixed address. Nester appeared at his probable cause hearing on Monday October 7; he remains in the Kent County Jail on a $500,000 bond set by Kentwood District Court Judge William Kelly.

A witness at the party as well as the shooting victim identified Nester in a photo lineup. The defendant was considered ‘armed and dangerous’ by police while he was on the run.

In Michigan, assault is considered a very serious criminal offense. There are various types of assault, including aggravated assault (usually a misdemeanor), and felonious charges which include assault with a dangerous weapon, assault with intent to do great bodily harm, and assault with intent to commit murder. When an individual is charged with assault with intent to rob, the penalties if convicted include up to 15 years in prison. However, when a dangerous weapon is involved such as in the case described above, the prison sentence increases and leaves the defendant facing up to life behind bars.

October 8, 2013

Complex Kalamazoo Meth Lab Discovered Following Five-Hour Standoff

by Scott Grabel

On Saturday evening October 5, three men were arrested following a five hour standoff with a SWAT team and Kalamazoo police at a home in which what authorities describe as a “large, complex” meth lab was discovered. The age of one of the suspects was not disclosed; the others were 24 and 26 years old, according to a news article at Mlive.com.

A news release from the Kalamazoo Department of Public Safety indicated that the three males were eventually taken into custody, but not without a fight. Lt. Christopher Franks stated that the standoff ended at about 10 p.m..

After receiving reports of a meth lab earlier in the afternoon, officers responded to a residence in the 500 block of Egleston. One of the suspects reportedly jumped out of a window when authorities attempted to make contact with those inside the home. Police indicated that the man was captured by an officer quickly, and arrested due to warrants which were outstanding. The two men who remained inside the home refused to come out. According to police, they were also wanted on outstanding warrants, although their names have not been released.

After cordoning off the area to ensure no one could come in close proximity of the home, police stood on guard around the perimeter of the home. It was later they discovered the men had multiple firearms in their possession. Upon learning this, the SWAT team was called in, and a search warrant obtained by police for the home.

Eventually one of the men was persuaded to exit the home by negotiators, however the SWAT team had to deploy a chemical irritant to get the other suspect to come outside of the home and surrender.

After the suspects were finally out of the house, police searched it and found a shotgun and complex meth lab. New reports indicate the investigation and search of the home took several hours as police had to eliminate the meth lab. While investigations are ongoing, police said charges for possession of firearms and the meth lab were pending as of Sunday afternoon.

Michigan drug possession attorneys understand the serious criminal penalties individuals face when charged with operating or maintaining a methamphetamine lab. Depending on how much of the drug is involved, past criminal history and other factors, those convicted face severe fines and substantial prison time, possibly up to life behind bars. Even amounts of less than 50 grams can leave the defendant facing up to 20 years in prison if convicted.

October 7, 2013

34-year-old Dearborn Man to Face Trial for Open Murder in September 2012 Death of Twin

by Scott Grabel

In September of 2012, Michael Patrick-Murphy Hamilton was charged with open murder, assault with intent to murder, and two counts of using a firearm to commit both a felony and automobile theft. Jury selection is set to begin for trial on Monday, October 7. Hamilton is accused of killing one of two twin brothers, Robert Marcyan, outside of Hamilton’s father’s Wamplers Lake cottage in Norvell Township.

When an individual is charged with open murder in Michigan, it is left to the jury to decide if that individual will be charged with first-degree or a lesser degree of murder. If Hamilton is charged with first-degree murder and convicted, he will face a sentence of life in prison.

According to a news article at Mlive.com, Robert and Richard Marcyan, who were 49-year-old twin brothers, were asked about doing some work at Hamilton’s father’s cottage, and were there to give an estimate for the work after checking out the property. Hamilton’s father was initially to meet the two men at the cottage, however he did not make the appointment after sustaining an injury. Mark Blumer, Chief Assistant Prosecutor, said that the defendant went instead to meet with the Marcyan’s, and that he had met them on one prior occasion about a month earlier.

While a motive is not clear, Hamilton allegedly fired a gun at the two men, striking Robert Marcyan in the face. Richard Marcyan was not injured. Hamilton’s defense attorney George Lyons said that he may argue his client was involuntarily intoxicated. When an individual voluntarily consumes intoxicating drugs or alcohol, it is not considered a valid defense. However, if the defendant was taking prescription medication and experienced extreme or unexpected side effects, it may be beneficial to his defense.

News reports indicate that following the shooting of the Marcyan brothers, Hamilton fled the scene in Robert’s vehicle. He then ditched the vehicle and stole another as police pursued him before finally using spike strips to stop Hamilton, who was arrested approximately 90 minutes after the shooting.

Even in the most bizarre cases it is critical to obtain the legal support of a skilled Michigan homicide defense attorney. The details around this case seem a bit murky, as there is no apparent motive for the alleged shooting. An experienced criminal defense lawyer will thoroughly investigate the details of the client’s case in order to determine precisely what took place, and to develop the best plan of legal action.

October 7, 2013

Cass County Man Arrested in Connection with Marijuana Growing Operation, Authorities Seize $30K Worth of Marijuana

by Scott Grabel

Last week, 49-year-old George C. Williams was arrested after Cass County drug investigators located what they believe to be a marijuana growing operation in a barn located southwest of Marcellus, according to a news article at WWMT-TV Newschannel 3.

While no details were released indicating what led authorities to investigate, the Cass County Drug Enforcement Team allege that property in the 16000 block of Dutch Settlement Road in Penn Township is where they found “numerous marijuana plants.” Detectives also claim that inside the barn and on surrounding property they found more than five pounds of marijuana. A news release issued by the sheriff’s office claim the marijuana has a street value of approximately $30,000. A loaded gun was also allegedly found during the search.

Williams was arrested at the scene, and arraigned on Thursday October 3 in Cass County District Court. He was arraigned on one count of marijuana possession, one count of manufacturing marijuana, and two counts of felony use of a firearm. As of Friday morning, Williams remained in jail on a $30,000 bond.

Cultivating marijuana is a criminal offense punished very harshly in the state of Michigan, as police and prosecutors continue their efforts to crack down on drug offenders. While news reports said only that Williams had “numerous marijuana plants,” the penalties are severe for those convicted growing marijuana. For example, an individual who has fewer than 20 plants or an amount less than 5 kilograms may be charged with a felony offense. If convicted, penalties include fines of up to $20,000 and up to four years in prison. When the number of plants or amount of marijuana involved increase, the penalties do as well. Someone found to have more than 200 plants or over 45 kilograms of marijuana may face up to 15 years in prison and fines of as much as $10,000,000 if convicted.

October 4, 2013

Ypsilanti Township Woman Sentenced in Drunk Driving Death of 6-week-old Son

by Scott Grabel

On Thursday October 3, 37-year-old Constance Johnson of Ypsilanti Township was sentenced to 4 to 15 years in prison for the death of her infant son, caused by a crash which allegedly occurred while she was driving under the influence.

According to police, Johnson and her infant son, Isiah, were in a mini-van in October of 2012 as she drove east on Foley Avenue in Ypsilanti Township at approximately 5:30 in the morning. Johnson’s mini-van struck a parked pickup truck, fatally injuring Isiah, who died a week later. While news reports at Mlive.com indicate he was in a carrier, it was not strapped in and was placed in the front seat.

Johnson was initially charged with homicide-manslaughter with a motor vehicle, involuntary manslaughter, and alcohol-open container, however prosecutors dismissed these charges as part of her plea agreement, In the plea deal, Johnson pleaded no contest to operating while intoxicated causing death, second-degree child abuse, and operating a vehicle with a suspended license causing death. Judge David Swartz sentenced her to 50 months to 15 years on all three of the charges, with sentence terms to run concurrently.

This is no doubt a tragic story. While Johnson will spend a significant amount of time in prison, the worst punishment of all will be the fact that she must live with her son’s death for the rest of her life. People often get behind the wheel of a vehicle after having consumed alcohol, believing they are perfectly capable of driving in a safe manner. Sometimes they do not get caught, other times, such as this one, the consequences are devastating.

October 4, 2013

High BAC, Driving Under the Influence May Result in License Suspension

by Scott Grabel

In the state of Michigan, a charge of drunk driving may lead to suspension of your driver’s license. Even a first-time offense may result in a 30 day suspension. Repeat offenders face having their license revoked, which is even more serious – one step away from the death of your driving privileges. Many motorists feel that driving is a right, when actually it is a privilege. Most people give little thought to the impact losing their license would have on their life; however, when it does happen the consequences can be serious. Not only will employment be placed in a precarious position due to the inability to drive to and from work, the costs of having driving privileges reinstated are substantial – not to mention the process complex, and without guarantee your license will be restored.

Recently, a 30-year-old Plymouth man was arrested after the Oakland County Sheriff’s Office received a call informing officers that a man had come into a Lyon Township convenience store and was urinating in a walk-in cooler. An officer who was nearby responded to the call, and observed the man as he struck a curb on Pontiac Trail after swerving in and out of lanes. Upon pulling the suspect over, the officer administered a breath test and field sobriety tests, both of which the man failed. His BAC at roadside measured 0.21, considered Super Drunk or high BAC in Michigan, well more than twice the legal limit of 0.08%. After being arrested and taken to the South Lyon Police Department, his BAC registered 0.19, still above the 0.17 necessary to be charged with a high BAC drunk driving offense.

While it’s highly likely the man’s driver’s license was suspended, other penalties also apply when arrested for high BAC OWI. Jail time, fines of up to $700, vehicle immobilization, mandatory alcohol treatment, and community service are some of the penalties an individual may face. An individual convicted of a high BAC offense will have his or her license suspended for one year, with restricted driving permitted after 45 days.

October 3, 2013

Essexville Brothers Face Drug Charges Following Police Raid

by Scott Grabel

Two brothers, 18-year-old Tyler J. Livingston and 20-year-old Tony R. Livingston, have been charged with maintaining a drug house and manufacturing or delivering illegal drugs following an April raid of their home and a homemade fort located in the backyard.

Officers with BAYANET (Bay Area Narcotics Enforcement Team) executed a search warrant on April 11. The Essexville home, located at 216 Marshall Street, is where officers allegedly found the two brothers and five other people smoking marijuana and laughing inside the fort in the backyard, according to court records.

Upon searching the premises, officers allegedly seized 38.3 grams of psilocybin mushrooms, a digital scale, 27.1 grams of marijuana, a cell phone, and $1,722 in cash. Tyler Livingston admitted to selling mushrooms and marijuana to school friends, while Tony Livingston admitted only to smoking marijuana. Both brothers pointed the finger at the other, Tyler saying that Tony procured all of the marijuana and mushrooms, while Tony claimed that all of the drugs recovered in the raid were Tyler’s. Tony Livingston also alleged that $1,100 of the money officers seized in the raid was from a Pell grant he received for school.

Tyler was charged with one count of maintaining a drug house, two counts of manufacturing or delivering a controlled substance, and three counts of manufacturing or delivering marijuana. Tony was charged with one count each of maintaining a drug house, manufacturing or delivering marijuana, and manufacturing or delivering a controlled substance.

Tyler Livingston is set to appear in Circuit Court on Monday October 7 before Judge Joseph K. Sheeran, after waiving his right to a preliminary hearing in August. Tony Livingston’s preliminary examination date was pending as of a September 25 news report at Mlive.com.

Michigan drug crime attorneys know that those accused of manufacturing or delivering Schedule I or II drugs in the state or charged with maintaining a drug house face extremely serious consequences. Depending on the type of illicit drug or narcotic involved and amount, penalties can include a substantial number of years in prison along with tens of thousands of dollars in fines. Police and prosecutors crack down hard on drug offenders in the state in their efforts to win the ongoing drug war.

October 2, 2013

Ann Arbor Police Search for Two Men Suspected of McDonald’s Armed Robbery

by Scott Grabel

On Sunday September 29, the McDonald’s located at 3325 Washtenaw Ave. in Ann Arbor was reportedly robbed by two men, one who displayed a gun before demanding an employee to take money out of a safe. Police responded to a report of an armed robbery at the McDonald’s location at approximately 4 a.m. on Sunday, and reported that details of the incident were scarce.

According to Ann Arbor police Lt. Renee Bush, two men entered the McDonald’s and displayed a gun, then jumped the counter before forcing an employee to remove money from the safe. Bush also said in a news article at Mlive.com that a witness said one of the men pointed a gun at her.

After stealing the money, the two men fled on foot. The amount of money stolen from the McDonald’s has not been released by police. As of the afternoon of October 1, the suspects had not been apprehended; authorities are asking for the public’s help in capturing the suspects, both described as black men wearing dark hooded sweatshirts, masks, and light colored jeans. One of the suspects is said to be approximately 6 feet 4 inches tall; the other is described as between 5 feet 8 inches and 6 feet tall.

According to Michigan Penal Code 750.529, any individual found guilty of using violence, fear, or force in the course of stealing property or money from an establishment and while in possession of a dangerous weapon may face life in prison if convicted. Robbing an establishment without actual possession or insinuation of a weapon will result in up to 15 years imprisonment. Other than losing their freedom, individuals convicted of a serious crime may also face fines and a criminal record which will negatively impact various areas of their lives including employment opportunities.

October 2, 2013

Appeal Filed on Behalf of Jeffrey Pyne, Former U of M Student Convicted of Murdering His Mother

by Scott Grabel

In December of 2012, former U of M student Jeffrey Pyne was convicted on charges of second degree murder in the death of his mentally ill mother. He was sentenced to 20 to 60 years in prison. Now, Pyne’s appeal lawyer has filed an appeal of the defendant’s conviction, said to have written a comprehensive appeal on Pyne’s behalf.

The appeal contends that James Champion, Pyne’s defense attorney at trial, did not present a substantial defense and did not call any witnesses. Pyne, who is now 23 years old, requested a Ginther hearing as well. During this hearing it is expected that the defendant’s former trial attorney will explain why he did not present any defense witnesses, and why he failed to object on several occasions to testimony which was potentially objectionable.

Pyne’s appeal also argues that a substantial amount of improper evidence was allowed in court. According to an article at the Examiner, “opinion” testimony of police detectives was allowed on numerous critical topics including what was called “fake” behavior, blood spatter, and more. Ultimately, Pyne alleges that his trial attorney deprived him of his Sixth Amendment constitutional right to effective assistance of counsel.

In regards to no defense witnesses being presented at trial, Pyne’s appeals attorney contends that had his defense lawyer presented defense witnesses at trial, it may have benefited Pyne. Some of the defense witnesses may have included Bernard Pyne, Jeffrey’s father, and the Chief Medical Examiner of Macomb County. Bernard Pyne allegedly wanted to inform the jury of his son’s complete lack of violent behavior, and his wife’s compliance in regards to medication and her behavior. The Chief Medical Examiner would have testified that Ruth Pyne’s injuries were not likely caused by a 2 by 4 or similar object, contrary to government witness opinions.

The Ginther hearing could be held this month, which may expedite the appeal process.

It appears that the grounds on which Pyne has appealed his conviction are fairly strong. According to the brief, the evidence and testimony presented by the prosecution went unchallenged.

October 2, 2013

Traffic Stop Leads Police to Find Packaged Marijuana and Loaded Handgun; Jackson Man Arrested

by Scott Grabel

On Monday September 30, a 24-year-old Jackson man was pulled over on a routine traffic stop by Jackson County Sheriff’s deputies at approximately 1 a.m. Upon stopping the man, deputies searched his vehicle after learning he did not have a valid driver’s license. While searching the vehicle, it was revealed the man was in possession of a loaded Smith & Wesson handgun and packaged marijuana.

Sheriff Steve Rand said in a news article at Mlive.com that “It’s nice to get some (illegal marijuana) off the street . . . but we are also getting a gun off the street, which can lead to no good.” Rand went on to say that while the gun did not appear to be stolen, the suspect did not have a concealed pistol license. He also said that the CPL law was not designed so that people could further their drug trade. The Sheriff believed that because the marijuana was in individual packages, it was probably not intended for personal use but rather to sell.

On September 16, two people were shot in Jackson and sustained injuries over what police suspected to be a narcotics deal gone south. With this incident occurring just two weeks later, Rand feels that getting the suspect’s handgun off the street may prevent gun violence, a dangerous element often associated with drug crimes.

The suspect in this case faces charges which include carrying a concealed weapon, driving while license suspended, and marijuana possession.

Although the 24-year-old may be charged with marijuana possession, Michigan drug crime attorneys know that it is highly likely prosecutors will charge him with possession with intent to sell or distribute, because the marijuana was found in individual packages. The penalties for marijuana possession in Michigan include fines of as much as $2,000 and up to one year in jail. Should prosecutors decide to charge the suspect in this case with possession with intent, penalties range from four to 15 years in jail and fines of up to $10,000,000 depending on the amount of marijuana involved.