On Friday September 13, a Summit Township man and woman were arraigned on various charges related to methamphetamine after police discovered remnants of past labs along with an active meth lab in a rented home on Lakeview Terrace. Jennifer Jo Walker, 41, and Dennis Cunningham, 39, were arrested on Thursday September 12.

Walker was charged with a misdemeanor count maintaining a drug house, and possession of methamphetamine, a felony. Cunningham was charged with delivering or manufacturing methamphetamine, and operating or maintaining a meth lab, both felony offenses.

While investigating an unrelated incident, Jackson County Sheriff’s deputies received a tip regarding the possibility of drug activity going on in the home, where a young child lived. A statement from the sheriff’s office indicated that deputies went to check on the child, and discovered additional evidence which led to them securing a search warrant. Upon searching the home, deputies found evidence that a child had been in the home, although there was no child present at the time of the search.

Deputies obtained a warrant and entered the home along with the Jackson Narcotics Enforcement Team, ultimately discovering a meth lab and byproducts which according to deputies indicated previous meth manufacturing. Walker and Cunningham were arrested and taken into custody, where Walker was given a $2,500, and Cunningham a $100,000 bond due to the severity of the charges he faces.

If convicted of operating or maintaining a meth lab and manufacturing meth, Cunningham may face up to 20 years in prison. Walker faces a maximum of 10 years in prison if convicted for possession of methamphetamine.

Continue reading

In January of this year, 54-year-old Joyce Renee Phillips was sentenced to nine to 15 years in prison for killing Michael Richardson in 2004. Phillips allegedly believed that by pleading guilty to the charge in December of 2012, her sentence would be reduced to 4 1/2 years based on what her attorney told her. At a hearing on Friday September 13, Kent County Circuit Court Judge Paul Sullivan denied Phillips’ request for re-sentencing, and kept the nine to 15 year sentence in place. Phillips also claims that her lawyer never requested the judge consider the low end of the state sentencing guidelines when deciding the sentence she would face.

In 2004, Phillips and the victim became involved in an altercation at the residence where Phillips lived; the two had a long history of domestic violence, which news reports indicate was fueled by alcohol and drugs. Phillips does not deny that she shot the gun she retrieved from one of the children’s rooms, however she denies that she intended to kill Richardson.

Appellate attorney Susan Walsh argued that her client only agreed to plead guilty to manslaughter after her children mislead police, in an effort to protect them from possible prosecution. She also argued that Fred Johnson, Phillips’ attorney at trial, failed to request the judge sentence his client at the low end of Michigan’s state sentencing guidelines. Phillips believed that in pleading guilty, she would spend less than five years behind bars. Walsh concluded that because of this, Phillips had ineffective counsel.

35-year-old Tanoya Phillips, Joyce Phillips’ daughter, testified under oath that she did not know of any gun-related incidents or shootings between her mother and the victim; she pleaded guilty to perjury and was sentenced to one year in jail along with other penalties in March of this year.

Michigan criminal defense lawyers know that there are many times clients are not clear regarding what their attorneys tell them about the potential sentence they will face. In fact, the judge in the above case said that he has seen this many times in his 25 years on the bench. He went on to say that in nearly all cases, prosecutors request the high end sentencing, while defense lawyers request the minimum sentence according to state sentencing guidelines.

What this case really demonstrates is the importance of a client and attorney having a close, understanding relationship. It is critical that criminal defense lawyers make absolutely certain the client clearly understands potential sentencing, and what is at stake at every stage of the process.

Continue reading

In May of this year, a Brookfield, Illinois woman was pulled over by police in Riverside after the officer had observed her speeding. Erin James was stopped by the officer at approximately 2 a.m., suspected of driving under the influence. James, who is 58 years old, failed multiple field sobriety tests according to Nbcnews.com, and was taken into custody.

Once at the Riverside Police Department, a breath sample was taken from the suspect; her BAC was found to be 0.155. This is almost twice Illinois’ legal limit of 0.08%.

James was arrested for DUI in 2012, and had her license suspended as a result. While being processed at the police station, James admitted that she would soon be getting her driver’s license back, and that her reason for drinking was that she was celebrating the fact.

James apparently had an ignition interlock device on her own car, and was driving a vehicle that did not belong to her in order to avoid the device. She had been at a Forest Park bar celebrating the fact that she would soon have her driver’s license restored prior to being pulled over for speeding. While the news article didn’t say, it’s highly likely James was again charged with DUI, which means her license will again be suspended or perhaps even revoked.

In Michigan, the process of having a drivers license restored is one that is complex, and requires the support and guidance of a skilled drivers license restoration attorney. An individual’s license may be suspended or revoked depending on the situation, how many times the person’s license has been suspended previously, etc. Refusing the breath test, driving under the influence of alcohol or drugs, reckless driving, engaging in illegal drug activity – all of these things can result in an individual’s driving privilege being taken away.

Continue reading

In July, 41-year-old Cory L. Thompson of Detroit was found guilty on numerous drug charges after being arrested for dealing heroin in Bad Axe. Now, it appears that Thompson will spend at least 13 years in prison following his sentencing hearing last week.

Thompson was arrested in January of this year in Huron County, closely on the heels of seven drug overdoses the majority of which were believed to involve heroin, according to a news article at Ourmidland.com. After receiving a tip the defendant was bringing heroin into Bad Axe, police and the sheriff’s office worked in conjunction in the investigation into the allegations. Law enforcement officials pulled Thompson over in Bad Axe as part of the investigation, and arrested him after finding heroin, crack and powder cocaine, and a loaded handgun in his vehicle.

Thompson, who was on parole at the time of his arrest for felony convictions of carjacking, armed robbery, and weapons/drug violations, was lodged in the county jail on a $300,000 bond. Thompson’s original bond was $100,000, however Huron County Magistrate Jessica L. Testolin raised it after prosecutors argued Thompson was a danger to society as well as a flight risk given his criminal history.

Thompson’s jury trial resulted in his being found guilty on one count of possession with intent to deliver heroin, two counts of delivery of heroin, one count of possession with intent to deliver cocaine, three counts of felony firearm, and one count of being a felon in possession of a firearm. The defendant’s lawyer requested the court be lenient in his client’s sentencing, however the judge in the case noted that because three of the charges dictate a 10-year sentence under Michigan law, the court did not have much jurisdiction in sentencing.

The defendant must continue to serve his parole time before beginning to serve three concurrent 10-year sentences for the current charges. Following the completion of the 10-year sentences, Thompson will remain incarcerated for at least three years and two months for the other convictions.

In the state of Michigan drug offenses are punished harshly as the war on drugs continues. Michigan drug crime defense lawyers are fully aware of the aggressive tactics police and prosecutors use in their efforts to “crack down” on drug offenders.

Continue reading

On Friday September 6, Taylor police raided a home in the 27000 block of Joan Avenue, coming away with what was called a “large haul” of illicit substances according to a news article at The News-Herald.

Friday afternoon at approximately 2:30, more than a dozen officers descended on the home. After knocking on the door and receiving no answer, officers entered the home by ramming the front door. Inside was a 22-year-old male and young boy who the man identified as his nephew. The man’s mother and boyfriend also lived at the residence according to the man, however they were not home at the time police arrived.

Upon searching the house, officers discovered codeine, Xanax, Vicodin, Oxycodone, and other illicit narcotics. In all, about 600 prescription pills were located by police. Also found on the property were more than 180 grams of marijuana, a water bong, digital scale, and two large safes.

While police were searching the home, the 44-year-old boyfriend returned and was patted down by officers. While he was not in possession of any weapons, officers did discover a large amount of cash in his pocket.

After stating to police that the safes located in his girlfriend’s bedroom belonged to him, the man agreed to open them. One of the safes contained marijuana residue, while the other held a substantial amount of cash, numerous bottles of prescription pills which were unlabeled, and marijuana in three gallon-size bags.

According to the news article, drug residue was detected on the money by a police dog. Officers arrested the man for distribution of narcotics and confiscated several items at the home including two flat screen televisions, the cash, and the Chrysler van the man was driving when he arrived at the home.

Penalties for possessing or distributing marijuana or narcotic drugs are severe in the state of Michigan. For example, possessing Vicodin, classified as a Schedule 3 drug, could result in a $2,000 fine and up to two years in jail if convicted. Possession of Oxycodone may leave the accused facing several years to life in prison along with fines of up to $1 million dollars depending on the amount involved. If charged with manufacturing or distribution, defendants face even tougher penalties.

Continue reading

Recently, 22-year-old Jeremy Donte Leverette and 23-year-old Brandon Trevon Cordell pleaded guilty to first-degree home invasion and armed robbery for allegedly robbing and shooting a medical marijuana grower in Flushing Township.

According to a news article at Mlive.com, the two men along with a third suspect who was not named broke into the medical marijuana grower’s home in the early morning hours of February 14. Genesee County Sheriff Robert Pickell stated that the three men entered the home which was occupied by a man, three children, and the man’s girlfriend, ordering them into a bedroom while armed with handguns.

Cordell and Leverette were initially charged with five counts of armed robbery, first-degree home invasion, and assault with intent to murder. Prosecutors dismissed four armed robbery counts and assault with intent to murder after the defendants agreed to plead guilty to one count of armed robbery and first-degree home invasion.

The three men held the man at gunpoint after ordering him to unlock the basement, which authorities believe contained a medical marijuana growing operation. During the home invasion the three men took jewelry, guns, cell phones, marijuana, and other items from the home according to Pickell, who said that after leaving the home, the three met up with a fourth suspect, 23-year-old James M. Toney. All four men then fled the scene in a vehicle.

Upon the suspects departure, the male victim got into his own vehicle to pursue them. As the chase ensued onto Sheridan Road, the victim’s car was close to the vehicle the suspects were in when Leverette allegedly rolled down a back window and shot into the victim’s windshield, striking him in the arm. The victim then returned to the house and he, his girlfriend, and the children drove to the hospital for medical attention for his injury.

At their sentencing hearing on September 9, Genessee Circuit Judge Archie Hayman sentenced each of the two men to 6 to 20 years for home invasion, and 9 to 20 years for armed robbery to be served concurrently.

Home invasion and armed robbery are offenses considered violent in the state of Michigan. As is evident in this case, those convicted will serve a substantial number of years in prison. Even when these young men are released, they will face a lifetime of hardship due to having criminal records.

Continue reading

For several months now, SWET (Southwest Enforcement Team) has been investigating suspected illegal drug activity at a store and two residences in Van Buren County. Recent searches made by authorities resulted in the seizing of illegal marijuana, counterfeit clothing, suspected drug proceeds, and a fully automatic firearm according to a news article at Mlive.com.

Over the last several months, police began investigating claims that the Tranquility Central store in downtown South Haven was selling marijuana illegally under the guise that patients were being provided with medical marijuana. Tranquility Central is allegedly a medical marijuana dispensary, however in April of 2012 police investigations revealed that inside the store was found a digital scale, packaging materials, and finished product marijuana along with a computer and business records.

Last week, 25-year-old Frank Consolino of South Haven was arrested on a felony warrant while three search warrants for narcotics were being executed, according to police. A SWET news release indicated that the search warrants were executed at two homes in Geneva Township, as well as the Tranquility Central store.

The Southwest Enforcement Team is under the supervision of Michigan State Police, and is a team of criminal investigators from multiple jurisdictions. During this months long investigation, undercover detectives claim that the suspects shared the fact that illegal drug activities were being hidden under the guise of providing a service for medical marijuana patients. The detectives also purchased marijuana on multiple occasions from the suspects in their ongoing investigation.

While Frank Consolino was arrested, other suspects’ names had not been released as of September 6. Warrants were being sought by SWET for occupants of the two homes as well as other operators and owners of the business. Police stated that the remaining suspects’ names were being withheld pending arrest warrants and arraignment.

Crimes involving the illegal sale or distribution of marijuana will leave those convicted facing serious consequences. Penalties include jail time, substantial fines, and more. How harsh the punishment an individual faces will depend on several factors including criminal history and the type/amount of drug possessed.

Continue reading

On Monday September 9, 21-year-old Kesean Wilson pleaded guilty to two counts of armed robbery in an October 2012 incident in which he allegedly used a gun to rob a credit union in Jackson. He is scheduled to be sentenced by Jackson County Circuit Judge Thomas Wilson on October 31, according to a news article at Mlive.com.

Wilson was initially charged with three counts of armed robbery, fleeing and eluding police, and using a firearm to commit a felony. In exchange for his plea, prosecutors dismissed the fleeing and eluding charge, lesser bank robbery charges, and one count of armed robbery.

The minimum sentence for the crimes Wilson has admitted to committing is 12 1/2 to 19 1/2 years in prison according to Assistant Prosecutor Nick Mehalco Jr.’s preliminary calculations. The defendant’s attorney believes his client will serve a minimum of 10 years for the armed robbery of the Jackson City County Credit Union.

Wilson went inside the credit union and took money from two teller’s stations after putting a handgun to a customer’s head, then jumping the counter. He also took $100 from the customer whose head he had held a gun to. While one of the credit union clerks testified that she feared for her life, one employee said that the defendant apologized even as he was committing the robbery, saying “I have to do this for my family.” Wilson’s attorney said his client does not have a terrible crime record, and that he is just a young man who never denied his guilt.

Wilson appealed, claiming that it was unfair for prosecutors to charge him with so many criminal offenses. The Court of Appeals declined to hear the defendant’s appeal.

Wilson’s mother has been in prison for a number of years for shooting a rival drug dealer. Wilson and his 19-year-old sister, who pleaded guilty to unarmed robbery in the credit union robbery, allegedly needed the money for their mother, who was in need of $20,000 to publish a book she is writing.

Michigan criminal appeals attorneys
would agree that this is a sad case. It is apparent that Wilson and his sister have had a difficult life considering their mother is in prison. While there is no excuse for committing a serious criminal offense, young adults often make bad decisions which can result in serious punishment.

Continue reading

On August 31 two men, 33-year-old Alvin D. Conwell and 25-year-old Greg Owens, were allegedly involved in an argument outside a Detroit home located in the 14100 block of Rutherford. As the argument became heated, the two men engaged in a physical altercation that ultimately resulted in Owens being critically wounded, and a 12-year-old boy, Kenis Green, being shot to death.

Conwell has now been charged with two counts of assault with intent to murder, first-degree premeditated murder, and committing a felony with a firearm.

According to a news article at the Huffington Post, the altercation between Conwell and Owens was fueled by jealousy over Conwell’s girlfriend, who the suspect believed Owens had been talking to. Conwell left the scene following the fight, but came back later in a car, driving by the home and firing at those who were outside.

Sunsearae Hall said that a family birthday party was being held inside the home, and some of the children (including her son Kenis) were outside playing when the shooting took place. Owens allegedly saw the vehicle approaching, and told the children to come inside. Most made it inside safely, but Kenis was struck in the head before he could make it inside. Owens himself was struck in the stomach, and taken to an area hospital in critical condition.

The birthday celebration was in honor of Willie Hall, Kenis’s uncle, who said that all of the kids had been allowed to stay up late and play video games because it was his birthday. The shooting took place at approximately 1 a.m. A news article at The Detroit Press says that the victim’s mother held Kenis as he took his last breath after attempting to run inside and close the door.

First-degree murder is one of the most serious charges anyone can face, and results in extremely serious penalties if convicted. The consequences are life-changing, as someone who is found guilty will face life in prison. To protect your legal rights and freedom, it is imperative that you consult with an aggressive and skilled Michigan criminal defense attorney right away.

Continue reading

On Friday August 6, Chief Circuit Judge James C. Kingsley ruled that Leo Ackley, a Battle Creek man convicted of killing a 3-year-old girl in 2012, will receive a new trial. In May, the Michigan Court of Appeals issued an order that the case go back to Calhoun County circuit court so that the defendant’s attorneys could move for a new trial.

According to a news article at Mlive.com, Judge Kingsley determined that the defendant’s counsel was ineffective, and that Ackley was denied his constitutional right to a fair trial. Ackley’s attorneys had an affidavit from Wayne County former chief medical examiner Dr. Werner Spitz claiming that the victim, Baylee Stenman, likely died after an accidental fall; this information was included to support the appeal of Ackley’s conviction.

Ackley is accused of abusing the toddler, who was his girlfriend’s daughter, while the child’s mother was working. The girl suffered injuries to the head. Ackley was found guilty in April of 2012 on charges of first-degree child abuse and felony murder.

A news release issued by the law firm representing Ackley’s appeal claimed that there were no witnesses who saw Ackley abuse any child, and that their client was convicted based primarily on the prosecution’s expert witness testimony. Lawyers for the defense believe that Ackley would not have been convicted of murdering the toddler had the jury been presented with all of the evidence.

Now that the judge has ordered a new trial, it is believed prosecutors will challenge the judge’s ruling with the court of appeals.

The above story demonstrates that even when convicted of a serious crime, there are options. Clearly, the court of appeals supported the defendant’s claim that his constitutional right to a fair trial was violated, and his counsel ineffective. If Ackley does get a new trial, the outcome may be very different.

Continue reading

Contact Information