Michigan Criminal Lawyers Blog

September 9, 2013

Pittsfield Township Police on Lookout for Suspect in Best Bank Robbery

On Friday September 6, the BestBank located at 3200 Carpenter Road in Pittsfield Township was robbed by a man who as of Sunday had not been apprehended. The suspect, who was said to be wearing a fake beard, handed a note to a teller which stated he was robbing the bank, and wanted money. The incident took place on Friday morning just after 10 a.m.

Pittsfield Township are asking for the public’s help in locating the man, who robbed the bank, located inside a Kroger store, of an undisclosed amount of cash. News reports indicate that the teller handed over a bag of money to the man, which included a red dye pack. The dye pack is said to have exploded on the suspect as he was getting into a vehicle described as an “older white vehicle.” Police say the dye pack may have burned the suspect’s hands, as it exploded leaving red dye all over the inside of the vehicle, as well as on the suspect.

Gordy Schick, Deputy Police Chief, said that at the time the bank robbery occurred there were many shoppers coming in and out of the Kroger store who may have witnessed the incident. He urged them to contact investigators with any tips. By the time police had arrived on the scene, the man had driven away.

The suspect is described as a black male between 5’4″ and 5’9″ in height, slender built, and wearing a fake beard at the time. He was dressed in blue jeans and a black hooded sweatshirt.

A news article at Annarbor.com indicates that during the robbery no weapon was seen or implied.

A conviction for bank robbery can leave the individual facing any number of years in prison and steep fines. While news reports indicate no weapon was implied, the penalties are still harsh as robbing a bank is a federal crime. Those who do use a weapon or even imply the presence of a weapon will face penalties which are more severe. In some cases, sentencing may include life in prison or even the death penalty. This is true when a kidnapping or killing takes place in the commission of the crime.

September 6, 2013

Michigan Drivers License Suspension – The Hardship Appeal

by Scott Grabel

In Michigan, there are specific circumstances in which an individual who has had his or her driver’s license suspended or revoked may be able to appeal on the basis of a hardship. In other words, not having the privilege to drive is creating a “hardship” in regards to effecting your ability to work and provide income to support the family, or some other undue hardship. As Michigan drivers license reinstatement lawyers know, proving a hardship is not easy. In fact, the entire process is quite complex, which is why it is important to consult with an attorney in the very beginning.

Only certain suspensions may be appealed for hardship in circuit court. For example, if you were convicted or pleaded guilty to reckless driving or your license was suspended for reasons listed under MCL 257.319, you will likely not be permitted to appeal. However, if your suspension was due to a first implied consent violation, driving while your license was suspended previously, an accident or points on your driving record, or for probationary reasons, you may be able to appeal for a hardship license.

Even once it is determined that you can appeal your suspension, the work is just beginning. First there is filing the claim, which must conform to MCR 7.104(C)(1). Then the venue must be decided, filing fee paid, the proper forms filled out. Most important of all in the hardship appeal is the detail or evidence you provide the court, who must be convinced that without the privilege to drive, you will experience undue hardship. It is critical that the evidence is sufficient during the hearing to convince the court you cannot do without a license. Your attorney can go over the most important points you should stress to ensure the best chance of convincing the court.

There are also deadlines for filing, and a final hearing in which you will be able to appeal to the court vocally, stressing all positive things you have accomplished in an effort to move toward a positive path such as completing an alcohol program, regularly attending AA, and emphasizing such factors as you have no other reasonable methods of getting to and from work, not having the ability to drive is causing you to miss work, etc.

September 6, 2013

Grand Rapids Teen Sentenced to 4 to 10 Years in Prison After Rejecting Plea Deal

by Scott Grabel

On January 31 of this year, 19-year-old Tyrell Harris became involved in an argument with Kanwarjit “Sonny” Sodhi, a clerk at Eastern Gas and Grocery in Grand Rapids, over the price of a pack of cigarettes. Harris allegedly threatened to kill Sodhi before leaving the store without the cigarettes because the two could not settle a dispute over a .25 cent price discrepancy.

The next day Harris, who is a Chicago native, returned to the area and allegedly fired a gun toward the convenience store and Sodhi; he was arrested and charged with illegal use of a firearm, assault with intent to do great bodily harm, and attempted murder.

Police say that Harris returned to the store the day after the argument with $10 to purchase cigarettes, and that Sodhi told him to leave. Court records revealed that not too long afterward, the store clerk was using his cell phone outside of the store when Harris spotted him, then fired a .40 caliber Heckler & Koch handgun, striking the exterior of the building with some of the bullets lodging inside. Harris maintained throughout the trial that he fired the handgun only in an attempt to frighten Sodhi.

Following the shooting, Harris fled the scene; Grand Rapids police tracked foot prints in the snow near where the .40 caliber gun shells were located, and apprehended the suspect at the Middlebrook apartment complex, where he was arrested. Upon searching the apartment at a later time, investigators found hidden in a freezer a pair of Timberland boots which matched the prints police tracked in the snow.

Harris told police that if he had intended to kill Sodhi, he would have gotten closer instead of firing the shots from more than 100 feet away. Harris’s defense attorney John Grace maintained that his client only meant to scare Sodhi, and there was no intent to kill the store clerk.

Prior to the defendant’s trial starting in July, he was offered a plea agreement which would have left him facing a maximum of three years in prison. He was given the opportunity to plead guilty to assault with a dangerous weapon, or discharging a firearm in or at a building. Harris instead decided to turn down the plea deal, choosing to go on trial before Kent County Circuit Court Judge Donald Johnston.

After a week long trial that resulted in Harris being found guilty, the judge sentenced the defendant to 20 to 120 months in prison which begins upon the two-year sentence for the firearms charge being completed. According to a news report at Mlive.com, Harris asked the judge to explain the sentence to him once more before being led away by deputies.

Michigan attempted murder attorneys realize the serious impact of a conviction on attempted murder charges. Unfortunately, it appears the defendant in this case was either confused, or fully confident he would win at trial. Either way, if Harris does spend the next 10 years in prison, he will be close to 30 years old before released, a sad and frequent occurrence in today’s society.

September 5, 2013

Court of Appeals Orders New Trial for Ex-Michigan State Trooper Convicted in Sex Case

by Scott Grabel

In 2011, a Michigan State Trooper was sentenced to 20 months in prison for allegedly engaging in inappropriate sexual conduct with a 12-year-old girl. David Morikawa was convicted on two counts of second-degree criminal sexual conduct, and was a trooper at the Iron County post. He was granted parole in March of this year.

Just last month, the Michigan Court of Appeals ordered a new trial in Morikawa’s case and overturned his conviction. During his initial trial, the jury became deadlocked after a revelation made by one of the jurors. The appeals court ruled that when the jury became deadlocked, the defendant’s attorney did not do his job.

According to a news article at The Detroit Free Press, jurors became deadlocked after deliberating the case for several hours. They were brought back the following day for further deliberation, and after just an hour, sent a note to the judge. The note indicated that one of the jurors had been investigated for sexual misconduct four to five years prior to the trial, but cleared of any wrongdoing. The juror said that he had touched a young girl during a group picture shoot at a Christmas party. Feeling that it would not affect his judgment in the case, he did not mention the investigation during juror questioning. The juror feely admitted to the court that he was one of the two holdouts, and the judge brought in an alternate after dismissing him. Morikawa’s lawyer did not object when the judge then instructed the jury to renew deliberations.

The appeals court determined that according to state law, the defendant’s attorney made an error in not pointing out to the judge that the jury should have been instructed to begin deliberations anew. The appeals court found that with the majority of jurors arguing for conviction, proper instruction and beginning deliberations anew with the fresh perspective of a new juror could have effected the outcome. The court ultimately ordered a new trial.

Mitchell Foster, Morikawa’s new lawyer, stated that it was nice to see the appeals court would uphold his client’s right to a fair trial, and that Morikawa was pleased with the ruling.

September 5, 2013

Ypsilanti Woman Accused of Killing Boyfriend Scheduled for October Trial

by Scott Grabel

In December of 2012, 46-year-old Donna Turner was arrested and charged with one count of open murder after allegedly stabbing her boyfriend to death. Keith Walton died of a stab wound which severed his femoral artery as he was attempting to leave the Ypsilanti apartment the couple shared, according to a news article at Annarbor.com.

Now, Turner is scheduled to go on trial for the murder on October 7 in front of Washtenaw County Trial Court Judge David Swartz.

The two had been arguing according to police. Prosecutors allege that Turner walked from the living room into the kitchen when the victim grabbed his coat to go to a friend’s home where it was planned he and a friend would have a few drinks and watch a movie. As he walked past Turner, she allegedly stabbed him with a large kitchen knife. An ambulance arrived on the scene and transported Walton, who was 45, to St. Joseph Mercy Hospital where he succumbed to his injury a short time later.

Detective Sgt. Thomas Eberts said there was no evidence to support a physical altercation had occurred prior to the stabbing, and that Turner did not indicate she was being assaulted by the victim. Dianna Collins, Washtenaw County Assistant Prosecutor, called the incident as “unprovoked stabbing.”

Turner has been held without bond since her arrest in the Washtenaw County Jail. If convicted, she faces a maximum sentence of life in prison.

Michigan homicide defense attorneys know that open or first-degree murder is the most serious charge an individual may face. These cases are highly complex; without the legal support and guidance of a seasoned lawyer, defendant’s are likely to spend the remainder of their lives behind bars.

September 4, 2013

Gobles Mother Loses Custody of 2-year-old Daughter Following Meth Lab Bust

by Scott Grabel

On Monday evening September 2, deputies arrived at a Gobles home after being called to the scene of a domestic dispute. Upon arriving, authorities located numerous meth labs on the property, according to a news article at Mlive.com. A two-year-old girl was removed from the home when deputies suspected the girl’s mother, who is 29 years old, was under the influence of methamphetamine.

A 24-year-old male was allegedly involved in the domestic disturbance, however he was not present at the residence located in the 300 block of E. Main Street when police arrived. Upon seeing the 2-year-old girl, deputies contacted Children’s Protective Services; the toddler was temporarily removed from the suspect’s custody.

The woman gave her consent for deputies to search the home; upon executing the search, they discovered gas generators in the garage area of the home, and several one pot methamphetamine vessels. The Van Buren County Narcotics bureau collected the meth lab components for disposal. The bureau’s report will be sent to the Van Buren County Prosecutor’s Office for review so it can be determined whether charges of operating and maintaining a meth lab may be filed.

Methamphetamine is a Schedule II drug, which means the penalties for a conviction of maintaining or operating a meth lab are extremely serious. Penalties may include fines of up to $25,000, up to 20 years in prison, or both. Penalties may be even more severe depending on other factors such as criminal history, where the alleged offense took place, or whether the accused had firearms in his/her possession. In recent years, police and prosecutors have become over-zealous in their pursuit of individuals who allegedly create or manufacture drugs, often prosecuting innocent people for possessing ingredients which may be used in the manufacture of meth such as ephedrine and pseudoephedrine.

September 4, 2013

Lawton Woman Charged with Home Invasion, Other Charges After Assaulting Man and Fleeing with Child

by Scott Grabel

On September 2, 28-year-old Maria Milam of Lawton was arrested after allegedly forcing her way into a Dowagiac home, assaulting the man who lived there, and taking a child. Authorities received a call from the man, who told officers about what had happened.

According to a news release, director of the Dowagiac Public Safety Department Steve Grinnewald said that officers were informed of the incident at around 10 p.m. The man lives in the 500 block of Hill Street, and claimed that a woman had forced her way into his home, taking a small child. Apparently the man described the vehicle the woman left in to officers, who located it a short time later and conducted a traffic stop near Dewey Street on Colby. Milam was arrested and charged with home invasion, domestic violence, and driving on a suspended license.

It was revealed in a later news article at Mlive.com that the child belonged to both the alleged victim and Milam, although the two do not live together according to police. Police continue to investigate, and the unharmed child was returned to the home. Milam was arraigned in Cass County District Court on Tuesday September 3, and is being held on a $5,000 bond at the Cass County Jail.

As experienced Michigan home invasion defense lawyers know, breaking and entering could leave an accused individual facing serious criminal penalties. A felony offense, anyone who uses force to enter a home or building may be convicted of this crime. Even accessing a home through a partially open window or door may be considered home invasion. Depending upon whether the defendant in this case was charged with first-, second-, or third-degree home invasion, penalties range from any number of years in prison to up to 20 years in prison along with fines of as much as $5,000.

September 3, 2013

Alleged Huron County Heroin Dealers Face September Arraignment in What Police Call ‘Heroin Dealing Ring’

by Scott Grabel

Recently, two Caseville Township men were bound over to circuit court after preliminary exams revealed sufficient evidence of their involvement in what police say was a heroin dealing ring. Jeff Hatch and Brandon Fabyan, both 31 years old, are to be arraigned on September 16. Hatch is charged with possession of heroin with intent to deliver; Fabyan is charged with distributing an imitation controlled substance, according to a news article at the Huron County View.

Two other men were also arrested in connection with the heroin dealing operation, 34-year-old Rollie Smith of Caseville, and 33-year-old Anthony Spencer of Bad Axe.

In June, two search warrants were executed which resulted in police recovering drug paraphernalia, prescription drugs, heroin, and almost $4,500 in cash. A lengthy investigation led to the arrests.

Deputy Ryan Swartz, lead investigator with the Huron County Sheriff’s Office Drug Enforcement unit, testified that there was a ‘significant amount’ of heroin found in Hatch’s home, and that if sold by the tenth of a gram, would be valued at more than $10,000.

At the preliminary exam, a confidential informant who is reportedly a recovering addict desiring to eliminate the sale of drugs in the western upper Thumb area of Michigan, identified the four men as those who sold her drugs.

Huron County Sheriff Kelly J. Hanson said that even though there are other dealers in the area who are trying to fill the void left by the arrests, he did not want county residents to be worried about being overrun by heroin addicts.

As of last news reports, Hatch was being held on a 10 % of $100,000 bond; Fabyan bonded out of jail on a $5,000 personal recognizance bond.

Michigan drug dealing attorneys know that those who are convicted on charges of heroin possession with intent will face serious and even life-changing consequences. Even if the amount of heroin involved in this case is less than 50 grams, Hatch could face fines of up to $25,000 and up to 20 years in jail.

September 3, 2013

Back to School Time in Michigan – How Will We Fare in Terms of Juvenile Crime?

by Scott Grabel

As experienced Michigan criminal defense attorneys, we realize that juvenile crimes occur throughout the year, whether during summer months or while school is in session. However, considering the number of school shootings around the nation in recent years, it’s understandable that many parents become anxious and worried when a new school year begins.

While the possibility that a student (or any juvenile, for that matter) could come inside one of Michigan’s schools and start shooting is certainly something to be concerned about, there are other juvenile crimes that are far more common, including drug offenses, assault and battery, and disorderly conduct. Bullying has become a huge problem across the nation as well. Parents should be concerned, but if you are the parent of a juvenile who commits a crime, it can be particularly stressful.

With the new school year just under way, it’s hard to judge how our state will fare in terms of juvenile crime for the 2013-2014 term. However, if you are concerned that your child may misbehave in some way or even participate in something illegal, there are warning signs which may indicate your child is at risk of juvenile delinquency. These signs include:

Children who are experiencing divorce or parental separation
Children who have learning disabilities or emotional disturbances but who do not get the appropriate support
Children who witness verbal abuse or domestic violence in the family
Children who identify with or “hang out” with friends who are a bad influence
Children living in poor conditions or neighborhoods
Abused children
Children whose parents, caretakers, or other family members abuse alcohol or drugs
Children who are not involved socially, and who lack hobbies and interests

In the mid 1990s, zero tolerance policies became popular as part of the Gun Free School Act. Since that time, additional legislation has been adopted by Michigan which results in suspension for some offenses which do not involve firearms. While this legislation was meant to increase school safety, it has resulted in students (particularly African Americans, those with disabilities, and Latinos) being suspended or expelled for non-violent, minor offenses.

Later this month a statewide summit which focuses on Michigan’s school to prison pipeline will be hosted by the Department of Education, Department of Human Services, Chief Justice Robert Young, and Justice Mary Beth Kelly. This summit will be represented statewide in an effort to focus on how these issues can be controlled in each individual county.

September 2, 2013

Michigan Court of Appeals Orders Ionia Court to Reconsider Sentencing in 2006 Murder Case

by Scott Grabel

In July of 2011, 24-year-old Justin Stephens was convicted of murdering an 80-year-old woman in 2006. Stephens, who was 17 at the time, allegedly killed a Hubbardston resident, Bernita “Billie” Cunningham, in her home. The murder went unsolved for several years, and was featured in a show called “Silent Night, Violent Night” on the Investigation Discovery network last year.

In 2006, the victim’s body was discovered dead inside her home; shattered Christmas decorations were strewn across the home, according to a news article at Mlive.com. Initially, Cunningham’s death was ruled an accident, however after family members kept insisting the death was no accident, investigators re-classified it as a homicide. She was stabbed several times after catching Stephens in the act of stealing money from her home upon returning from an errand. Stephens lived across the street from the victim.

The victim’s body was exhumed about two months following her death after family members eventually convinced police to reopen the investigation; they also hired a private investigator. Even then, coroner Stephen Cohle could not come to a conclusive determination regarding the cause of Cunningham’s death.

Eventually Michigan State Police took over the investigation, and identified Stephens as a suspect. He allegedly later confessed to both his sister and police that he committed the murder. Following his conviction for first-degree murder in 2011, Stephens was sentenced to life in prison without parole.

Stephens appealed his sentence on grounds that his confession was improperly used by police in testimony at trial. While the Court of Appeals did not agree with Stephen’s argument, they did find that the defendant’s sentence should be looked at again as he was 17 years old at the time of the murder. The U.S. Supreme Court ruled in 2012 that cases involving minors facing mandatory life sentences need special consideration.

The appeals court recommended that the circuit court take into consideration the defendant’s family and home environment, mental/emotional development, age, and other factors to determine if Stephens still deserves the sentence originally handed down by Judge David Hoort.