Michigan Criminal Lawyers Blog

September 19, 2013

Estranged Husband of Portage Woman Charged with Open Murder in Fatal Stabbing

On Monday September 16, 58-year-old Clinton Edward Smith was arraigned in the death of his estranged wife, Delores Mae Smith. The defendant is charged with open murder after allegedly stabbing her to death. Smith was arrested in Saginaw on Friday, September 13 when police found him hiding beneath a trailer after the victim’s body was found dead in her Portage apartment.

Portage police received a call after Smith showed up at his son’s house; according to a news article at Mlive.com, he was wearing clothes that were stained with blood. The victim’s children called police to check on their mother after becoming concerned about her welfare. This is when a Portage Public Safety detective said he went to her apartment on Meredith Street, and found Delores with what he called “a significant wound to the left side of her neck.” The detective went on to say that after asking why the children wanted a welfare check done, they said the defendant was in Saginaw, driving their mother’s car and wearing bloody clothes.

Delores was found with a knife in her left hand, although she is right-handed. Authorities did not believe the stab wound was self-inflicted. Clinton Smith’s children said that he was acting strangely, and would not answer questions about their mother.

Upon searching the victim’s apartment, detectives found blood smeared on the walls, droplets of blood, and bloody clothes under the kitchen table. The detective said blood was also in the bathroom where it looked as though whoever committed the crime had attempted to wash up. The defendant had a blood-stained washcloth with him, which the detective said appeared to be the same as washcloths found at Delores Smith’s apartment.

Clinton Smith is being held in the Kalamazoo County Jail without bond, and is scheduled for a preliminary exam on September 30.

In Michigan, open murder is first-degree murder. This is an extremely serious charge which could leave the defendant facing life in prison. Obtaining the legal support and guidance of a trusted criminal defense attorney is critical, as anyone who is charged with murder must have their legal rights protected. Although homicide is one of the most serious and violent crimes a person can be accused of, every individual is innocent until proven guilty. There are occasions on which police or prosecutors make mistakes. Investigative tactics must be reviewed by a capable lawyer who can determine if your rights were violated.

September 18, 2013

Jackson Police Say Drug Deal ‘Gone Bad’ May Have Led to Shooting That Left Two Injured

by Scott Grabel

On Monday evening September 16, two men sustained injuries in a shooting and were transported to Allegiance Health. One of the victims, a 20-year-old Jackson man, was being treated for life-threatening injuries after being shot numerous times in the torso. An Albion man who is 36 years old was also injured, although his injuries were not considered life-threatening according to Jackson police Lt. Christopher Simpson. The shootings, which occurred in the 900 block of Russell Street, are believed to have been related to a drug deal “gone bad” according to a news article at Mlive.com.

Police believe the men may have been involved in a narcotics deal, however as of Tuesday afternoon Simpson said that police were still trying to determine just what happened. He went on to say that there appeared to have been an altercation which resulted in the two men struggling over a gun. Police were not certain whether the shooting was solely related to narcotics, or whether more was involved. Albion and Jackson were allegedly involved in the struggle, with the Albion man gaining control of the gun after being grazed in the head by a bullet. He then allegedly shot the other victim multiple times, leaving him severely injured.

The Albion man has been released from the hospital, however no arrests have been made at this point. Simpson revealed there were several people who witnessed the struggle, and that witnesses are being interviewed by officers and detectives.

Drug crimes are a very serious problem in Michigan, and often lead to violence. If one or the other of these two men was dealing in narcotic drugs, he may face serious criminal charges. For example, heroin is a Schedule 1 narcotic that will leave an individual accused of distributing even less than 50 grams facing potential jail time of up to 20 years if convicted.

September 18, 2013

Conviction of Philadelphia Man in 2007 Death of Donald Dietz Reinstated by Federal Appeals Court

by Scott Grabel

Raogo Ouedraogo of Philadelphia was convicted by a jury on charges of conspiracy to commit bank fraud, conspiracy to commit kidnapping, and kidnapping resulting in death in the 2007 death of Donald Dietz of Saranac. Dietz disappeared in 2007, his body never found. Ouedraogo was sentenced to life in prison.

Ouedraogo allegedly conspired with Rami Saba, who was the alleged mastermind of the scheme designed to kill Dietz so that the two men could obtain $450,000 Dietz had in savings, according to a news article at Mlive.com. In May of 2011, Ouedraogo’s attorney requested that the judge either order a new trial for his client, or find him not guilty. In a 75-page document, Ouedraogo’s attorney Larry Willey claimed that the evidence against his client was insufficient for a conviction that carries a mandatory sentence of life in prison. Willey also alleged that in rebuttal closing arguments, some of the things said by the government were “flagrant acts of misconduct.”

In December of 2011, Ouedraogo was set free after a federal judge acquitted him of the kidnapping resulting in death charge. U.S. District Judge Janet Neff found that the evidence against the defendant was insufficient to support his conviction by a jury on the kidnapping charge and others. The judge said that most of the evidence in the case pointed to co-defendant Saba, that very little of what she called circumstantial evidence presented by the government implicated Ouedraogo.

Now, a federal appeals court has reversed the judge’s decision on conspiracy charges, although the Sixth Circuit Court of Appeals in Cincinnati did affirm the judge’s ruling on the kidnapping resulting in death charge. Neff had granted the defendant a new trial; that order was also reversed by the appeals panel. Ouedraogo’s case was remanded to Grand Rapids U.S. District Court by the appeals court for sentencing.

Michigan appellate law attorneys understand just how complex these types of cases can be. While the defendant won his freedom for nearly two years, it appears he may now be going back to prison.

September 16, 2013

Summit Township Couple Face Methamphetamine Charges After Police Discover Meth Lab

by Scott Grabel

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.

September 16, 2013

Woman Convicted of 2004 Murder Asks for Reduced Sentence, Denied

by Scott Grabel

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.

September 13, 2013

Illinois Woman Celebrating End of Drivers License Suspension Arrested for DUI

by Scott Grabel

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.

September 12, 2013

Detroit Man Faces Minimum of 13 Years in Prison for Dealing Heroin in Bad Axe

by Scott Grabel

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.

September 12, 2013

Taylor Police Raid Home, Seize Illicit Narcotics and Drug Paraphernalia

by Scott Grabel

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.

September 12, 2013

Men Sentenced to Prison for Armed Robbery and Shooting of Medical Marijuana Grower

by Scott Grabel

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.

September 11, 2013

SWET Undercover Investigation Results in Seizure of Marijuana, Drug Money, and More

by Scott Grabel

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.