Michigan Criminal Lawyers Blog

September 26, 2013

Flint Man Pleads Guilty in Federal Court to Crack Cocaine Distribution Charge

On Tuesday September 24, Erik E. Thompson of Flint pleaded guilty in Flint U.S. District Court to a single count of distributing crack cocaine. Thompson, who is 28 years old, avoided prison in a previous case involving a deadly shootout at an area apartment complex when he pleaded guilty to lesser charges.

Thompson admitted that in July of 2010, he had sold approximately $40 worth of crack cocaine on the south side of the city. Thompson was indicted on federal drug charges in October of 2012 following an alleged attempt to sell crack cocaine to a confidential informant. He initially pleaded not guilty to the charge.

According to authorities, Thompson met with someone he believed to be a customer behind a gas station, planning on selling the customer more than $1,000 of crack. Unbeknownst to Thompson, he was meeting with a Flint Area Narcotics Group informant, according to court records. As authorities approached Thompson’s vehicle to make an arrest, the defendant fled on foot. Upon pursuing Thompson, officers saw the suspect toss a clear plastic bag on top of a carport, suspecting it contained crack. Upon retrieving the bag, it was alleged to have contained almost 12 grams of crack cocaine.

Thompson spent nearly three years in jail in connection with the 2007 death of Jawaine Lay, who was killed during a shootout at a nearby apartment complex. Ultimately, Thompson testified against others accused in Lay’s death in exchange for his guilty plea to assault with harm less than murder.

According to a news article at Mlive.com, Thompson is scheduled for sentencing by U.S. District Judge Mark A. Goldsmith on January 21.

Individuals convicted of distributing or selling drugs including cocaine, methamphetamines, and ecstasy often face extremely harsh penalties including fines of up to $25,000 and up to 20 years in prison. In the above case, news reports indicate that in exchange for his plea, Thompson will face a sentence upward of 15 years in prison.

September 25, 2013

Trial Begins for Ishpeming Man Charged with Open Murder

by Scott Grabel

In June of 2012, 29-year-old David Meyer died after suffering gunshot wounds allegedly inflicted by 52-year-old Jack Carpenter of Ishpeming. Carpenter claims that he shot Meyer in self-defense after Meyer attempted to assault him with a knife. Carpenter is charged with open murder in the death of the victim; his attorney, Karl Numinen, says that his client was standing his ground, and that his actions were justifiable within Michigan’s stand your ground and self defense law.

Carpenter’s defense attorney requested the judge grant Carpenter immunity, however the judge denied the motion on the basis of allegations made by the prosecutor, who said Carpenter was intoxicated at the time of the shooting.

In August of this year Matt Wiese, Marquette County Prosecutor, explained at a final pretrial hearing that he had offered a plea agreement to Carpenter offering him the opportunity to plead guilty to manslaughter, a 15 year felony. Wiese told the judge that the defendant had rejected the plea deal, so Carpenter would go on trial on charges of open murder and felony firearm.

Carpenter’s trial is set to begin today, September 25 after jury selection was completed on Tuesday. According to a news article at Upper Michigan’s Source, the two men became involved in an altercation at the defendant’s home. Carpenter alleges that the victim threatened him and tried to assault him with a knife, so he defended himself by shooting Meyer.

Michigan homicide defense lawyers understand the life-changing consequences individuals who are convicted of open or first-degree murder face. A conviction on charges of first-degree murder may leave the accused facing life in prison.

September 25, 2013

Sentence of Stanton Man Convicted for Planting Acid Bomb Vacated by Michigan Appeals Court

by Scott Grabel

Steven Stewart, a former Stanton resident, was sentenced to up to 50 years in prison in June of 2011 for planting an acid explosive which allegedly maimed his ex-girlfriend’s new boyfriend. The attack occurred in September of 2008; the judge in the case, Montcalm County Circuit Judge Suzanne Hoseth Kreeger, exceeded the recommendation in state sentencing guidelines of a maximum of almost 19 years, opting instead to sentence Stewart to up to 50 years. The judge exceeded maximum sentencing due to the extent of injury suffered by the victim, Derek Lehman, and the uncertainty of the chemical used in making the explosive.

According to a news article at the Stanton Daily News, Lehman suffered permanent loss of eyesight in his right eye, and severe burns to his left arm as a result of the attack. Stewart was allegedly jealous of his ex-girlfriend’s relationship with Lehman, and built a chemical bomb, placing it in a wooden box in Lehman’s driveway at his home in Eureka Township. Upon opening the box, a mixture said to contain sulfuric acid exploded onto Lehman’s face and body.

Stewart argued in his appeal that Judge Kreeger abused her power when she failed to clearly express her reasons for departing substantially from state sentencing guidelines. Ultimately, the appeals court upheld Stewart’s conviction, but vacated sentencing finding that the trial court did abuse its discretion in sentencing Stewart.

Kreeger argued that she imposed the increased sentence based
on several facts including the pain and suffering the victim, his girlfriend, and both families suffered, and his loss of eyesight; the fact that the crime took place on September 11, and that because it took place on that date, the Spectrum Health United Hospital in Greenville went into disaster mode and shut down.

Ultimately, the Michigan appeals court agreed with one of the four reasons given by Judge Kreeger, the fact that the hospital was shut down. However, they did not agree with the other three, saying that although the crime did occur on September 11, there was no factual determination made by the trial court indicating that Stewart intentionally attempted to make a statement regarding terrorism in his decision to have the explosion occur on that date. Among other reasons, the appeals court stated that the trial court erred by not articulating reasons for the extent of the departure and failure to explain why the sentence handed down by the judge was more proportionate than that within the sentencing guidelines range.

On August 15, the Court of Appeals released an opinion vacating Stewart’s sentence and remanding the case back to court for resentencing, however the court did uphold his conviction.

September 25, 2013

Ishpeming Man Sentenced in Meth Lab Case

by Scott Grabel

In January of this year, Ishpeming police were on the lookout for Todd Raymond Mills, aka Todd Wentworth, in connection with operating a meth lab. In a January news article at Upper Michigan’s Source, police described the suspect as armed and dangerous, saying that Mills intended to “commit suicide by cop” and hurt people who had hurt him. Police also indicated that Mills had been recently released from prison after spending 10 years for a violent crime he committed.

Two days after the news article was printed, police arrested Mills after finding him in a vehicle in Ishpeming; he was then lodged at the Marquette County Jail. Mills, who is 31 years old, pleaded guilty to conspiracy to operate a meth lab due to mental illness. Scheduled for an August sentencing hearing, it was postponed when the defendant’s attorney requested time so that Mills’ family members could submit letters to the court in an effort to keep his client out of prison, and possibly serve time in jail instead. Mills told Judge Thomas Solka that he wanted to better himself and get his life back on track, but that he could not accomplish those things if he had no way to do it. The judge responded by telling Mills that treatment would be determined at the time of sentencing.

Mills’ sentencing hearing was rescheduled for September 11. At that time, he was sentenced to seven to 20 years in prison.

Michigan drug crime attorneys know that under certain circumstances, some defendants may be eligible for alternative sentencing options such as drug courts, completion of an addiction program, 7411 sentencing, and more. However, these alternatives do not apply in every situation.

In cases involving the manufacture of methamphetamine, heroin, cocaine and other serious Schedule 1 or Schedule 2 drugs or narcotics, the criminal penalties are extremely serious for those convicted. Depending on the type and amount of illicit drug involved, individuals may face penalties which include years or even life in prison, along with substantial fines. The damage to a person’s reputation and future is perhaps the worst punishment of all.

September 24, 2013

Former Kentwood Parks & Recreation Clerk Admits to Embezzling Over $100,000 from City of Grand Rapids

by Scott Grabel

Deborah Salmon, a 48-year-old former Kentwood Parks and Recreation clerk, recently pleaded guilty to stealing more than $100,000 from the city. Salmon pleaded guilty to embezzlement; city officials suspect that she may have stolen up to $300,000 from programs designed for seniors, children, and upkeep of the city’s parks.

According to a news article at Mlive.com, Salmon may spend a minimum of one year in jail when sentenced. Employed with the city for approximately 15 years, part of Salmon’s duties included making bank deposits for the city. Recently, a new financial tracking system was implemented by the city; it was shortly thereafter that indications of corruption in department records came to light.

After conducting an audit of records from March of 2010 to March of this year, it appeared that over $130,000 did not make it to the bank when documentation submitted to Salmon’s supervisor regarding deposit slips was reviewed. City leaders claim that ongoing investigations indicate additional money was taken.

Investigators suspect that Salmon had substantial personal debts, and that the city funds transferred to her personal bank accounts was to be used to pay these debts. Salmon was placed on administrative leave in March, and subsequently terminated. She pleaded guilty to embezzlement charges on Monday, September 23. While the maximum penalty for the embezzlement charge is 20 years, prosecutors requested Salmon be sentenced to 12 to 20 months at her November 7 sentencing hearing.

Michigan embezzlement attorneys know the criminal penalties set forth for a conviction are severe; in this case, penalties for embezzling more than $100,000 in property or money is a felony offense, punishable by fines of up to $50,000 or three times the value of the property/money, whichever is greater, along with up to 20 years in prison.

September 23, 2013

Jackson Man Arrested Following Discovery of Alleged Meth Lab

by Scott Grabel

On Thursday September 19, a Jackson man thought to be in his 30s was arrested after officials with JNET (Jackson Narcotics Enforcement Team) discovered an alleged methamphetamine lab inside a Bates Street home, according to a news article at Mlive.com. The man’s name was not given in the article, however JNET Lt. Dave Cook did say he expected the suspect would be arraigned on charges of maintaining a methamphetamine lab, possession of meth, and possession of components used to manufacture meth.

Authorities said that after responding to a tip regarding a potential meth lab on Thursday evening, they went to the home located at 332 Bates Street and found the suspect to be in possession of methamphetamine and other components, including needles. Upon arriving at the residence, JNET officers knocked on the door; a woman answered, telling the officers that “there might be stuff in the basement,” according to Cook.

Upon searching the basement of the home, officers discovered coffee filters, lye, acid, and other components used to make meth. Police also said that while inside the home, a vehicle pulled up to the house containing the alleged suspect and a white male. According to Cook, the suspect is a previous offender. Lithium batteries and petroleum were located in the vehicle, a gray Buick CX. Police also said that the suspects’ shoes and pockets contained methamphetamine and components.

Substances were confiscated by JNET, which also cleaned up the lab. All of the evidence confiscated will be taken to a secure facility, according to the article. Police also expect the woman who came to the door will be charged in the case.

Michigan drug crime lawyers know the criminal penalties for operating or maintaining a drug lab are extremely severe, and may include up to life in prison depending on the type and amount of substance involved. For example, drugs and narcotics classified as Schedule I or II substances may leave the accused individual facing up to 20 years in prison for amounts less than 50 grams. Substantial fines may apply as well. Even those drugs which are exempt from these penalties may leave you facing fines of up to $10,000 and 7 years in prison.

September 23, 2013

18-year-old Found Guilty of Robbery and Attempted Murder After Jury Deliberates for One Hour

by Scott Grabel

In December of 2012, Royale Runyon allegedly robbed 26-year-old John Breslin as he walked near College Avenue SE in Grand Rapids, then fired a gun at the victim intending to kill him according to a news article at Mlive.com. Last week, after jurors listened to testimony in the case for three days, Runyon was found guilty of robbery and attempted murder after the jury deliberated just one hour.

Runyon allegedly approached the victim, then demanded his valuables after threatening that he had a gun. Breslin then fled and went to the first residence which appeared to be occupied. As Breslin cowered in front of the residence, the defendant allegedly fired a gun, the shot missing Breslin and instead going through the door of the home.

Kellee Koncki, Assistant Kent County Prosecutor, presented witnesses which included some of Runyon’s friends and fellow gang members who testified regarding the gun used at the crime scene. Although witnesses were reluctant, they were able to connect the suspect to a stolen Glock-17 handgun, which allegedly matched a shell casing found at the scene.

Runyon was charged previously in the murders of his best friend and his brother last December. Koncki alleges that the same gun was used in both crimes. Runyon is also suspected of using the same gun a day after the College Avenue incident to kill Evevana Monique-Marie Galloway, although charges have not yet been filed in the case.

Jeffrey Kortes, Runyon’s defense attorney, said that several witnesses called by the prosecutor received “sweet deals” in their own criminal cases for testifying against Runyon. Kortes believes that the witnesses simply said what they thought authorities wanted to hear.

Regardless, jurors found Runyon guilty of the charges against him in the span of an hour. Sentencing is scheduled for October 8; Runyon faces a maximum penalty of life in prison.

Michigan criminal defense attorneys would agree that the defendant in this case seems to be prone to violence if all of the allegations against him are true. Still, it is always sad to see someone who is so young potentially face a lifetime behind bars. Attempted murder and robbery are both extremely serious crimes, however not every case ends in conviction, particularly when the accused has a skilled and aggressive defense lawyer.

September 20, 2013

Lawrence Township Man Passed Out on I-94 Has Six Prior DUI Convictions

by Scott Grabel

Michigan drivers license reinstatement attorneys understand the impact to an individual’s driving privilege when that person is arrested and convicted multiple times for drunk driving. Just over a week ago, 41-year-old Jose Robles-Guzman of Lawrence Township was arraigned on charges of a third offense OWI and second offense of driving with a suspended license. In Michigan, a third offense is charged as a felony, which results in harsher penalties than a first or second OWI offense, which are considered misdemeanors.

Even though Robles-Guzman is now facing DUI related charges for the sixth time, a third offense is a “lifetime” offense in Michigan, which means the harshest criminal penalties apply.

On September 8, the defendant was found passed out in his vehicle in the middle of westbound I-94, according to a news article at Mlive.com. He had allegedly turned off the ignition and lights, and was passed out behind the wheel when a passing motorist called to report the incident.

According to criminal history records, Robles-Guzman’s past convictions include:

Misdemeanor OWI in Berrien County in September of 2001
Misdemeanor OWI second offense in Van Buren County in June of 2003 (charged as felony, pleaded down to misdemeanor)
Misdemeanor OWI second offense in Van Buren County in November of 2008 (pleaded guilty to misdemeanor as second offense)
Felony OWI third offense in Van Buren County in March 2009
Felony OWI third offense, arrested by Pokagon Tribal Police Department, August 2011
The criminal penalties are extremely severe for repeat DUI offenders and include up to five years in prison, fines of up to $5,000, community service, mandatory alcohol support groups, up to five years drivers license revocation, and more.

Even after the five-year time span for license revocation has lapsed, there is no guarantee an individual will have his or her license reinstated. Following the 5 years revocation, it is required that the individual apply for reinstatement. Many people assume that after the revocation or suspension period has lapsed, they will get their license back. This is not the case. In order to have a driver’s license reinstated following revocation for a drunk driving offense, the individual must go before the DAAD for a hearing, and even then there is no guarantee that person’s license will be restored. At the hearing before the Secretary of State’s Driver Assessment and Appeal Division there are certain elements that must be proven, and letters of reference regarding an individual’s sobriety are required, among other things. It is a complex process, with no guarantee of winning.

September 20, 2013

Bizarre Rampage Leaves Eastpointe Man Facing Serious Criminal Charges in Beating of Mother

by Scott Grabel

At approximately 11 p.m. on Wednesday September 18, police received what they described as a “deluge” of calls related to an elderly woman being beat up by a man at a Super 8 Motel parking lot on Little Mack. The 35-year-old man, Thomas Gulas, allegedly severely beat his own mother after the two became involved in an argument about the use of her car.

Witnesses described the scene as “crazy,” as the man destroyed at least six other vehicles in the parking lot after becoming enraged. When police arrived on the scene, they found 77-year-old Evelyn Gulas in the parking lot, bloody and unconscious.

According to a news article at Mlive.com, the man began to beat his mother in the face and head, knocking her to the ground after the two argued about his using her car. Roseville police said in a statement that the suspect had apparently demanded that his mother let him use her car after calling her for a ride from the Super 8 Motel. When she refused to let him have her car, he became enraged and beat her.

Witnesses who saw what they called a “violent temper tantrum” told police that the man’s rampage continued after he had assaulted his mother, and that he then began kicking in the windshields of other cars in the parking lot, breaking off side mirrors, and jumping on top of the vehicles, damaging six of them before fleeing. The suspect was located nearby by police, and arrested.

On Thursday Gulas was arraigned on charges of assault and malicious destruction of property. A news article at the Detroit Free Press indicated that Gulas was concerned about his mother, and requested that he be freed from jail. Gulas was ordered held on a $150,000 bond by Roseville 39th District Judge Catherine Steenland.

Gulas’ mother was listed in critical condition at an area hospital; police stated that it is not known if she will survive her injuries.

After pleading not guilty to the charges, Gulas’ preliminary examination was scheduled for October 2.

Michigan criminal defense attorneys would agree this is a bizarre case; while it seems the defendant has an anger problem or perhaps was under the influence of drugs or alcohol, he may face up to 10 years if convicted of assault with intent to do great bodily harm less than murder. The malicious destruction of property charge will likely leave Gulas facing additional criminal penalties if convicted.

September 19, 2013

Michigan Court of Appeals Refuses to Grant New Trial in Clio e-mail Case

by Scott Grabel

In 2006, four people were convicted in an e-mail scandal in Clio after allegedly hacking into thousands of e-mails belonging to Clio schools Superintendent Fay Latture. The four individuals who allegedly accessed Latture’s e-mail account in 2005 without authorization include Diane Reed, Larry Emmerling, Rebecca Freifeld, and Julia Keyes. In February of 2006, all four were sentenced to probation, one month in jail, and more than $1,000 in fines. All four had pleaded guilty to tampering with the victim’s e-mail messages, and were sentenced for conspiracy to fraudulently access a computer.

Larry Emmerling is a former school board member; Rebecca Freifeld is former Clio City Commissioner, and Diane Reed a former teacher. Latture’s lawsuit claimed that Julia Keyes, a Clio resident, and Rebecca Freifeld violated her privacy and co-conspired when hacking into her e-mail account, causing emotional harm. In March of 2011, a Genesee Circuit Court ruled in the victim’s favor, ordering a total of $375,000 be paid to Latture. Judge Judith Fullerton ordered Keyes to pay Latture $125,000, and Freifeld to pay $250,000. Claims against Reed and Emmerling were dismissed.

The defendants appealed the verdict based on a claim of First Amendment right “to expose what they believed were matters of public concerns.” On Tuesday September 17, the Michigan Court of Appeals upheld the verdict ruling that Latture’s emails had been read more than 9,000 times by the defendants, and were private. The court also found that the actions of the defendants had caused emotional distress which was intentionally inflicted by the defendants.