Michigan Criminal Lawyers Blog

August 27, 2013

Court of Appeals Upholds Conviction of Roosevelt Park Woman in Torture of Infant Son

Tiffany Nicole Lang’s conviction and sentencing for the August 2010 torture of her infant son will stand, according to the Michigan Court of Appeals. Lang was convicted by Muskegon County 14th Circuit Chief Judge William C. Marietti of torture and first-degree child abuse. The defendant was sentenced to 13 to 25 years for torture, and 10 to 15 years for first-degree child abuse to be served concurrently.

In August of 2010, a Roosevelt Park police officer went to Lang’s home on a call that news reports say was unrelated to the torture. Upon arriving at the home, Lang began to cry and confessed to the officer that she had struck the child; she then recanted her story and claimed he had fallen on the floor. The police officer called an ambulance after seeing the injuries the 4-week-old baby had suffered.

Medical personnel testified at trial that the defendant had admitted at the emergency room that she had attempted to suffocate the baby, swung him numerous times against a closet door, and performed a sexual act on the baby. Personnel testified that at the time Lang made these comments, she did not appear to be delusional. The defendant was evaluated by mental health professionals and hospitalized for a period, as she did demonstrate symptoms of mental illness. At trial, she asserted an insanity defense; the judge determine in both charges that Lang was “guilty but mentally ill.”

In her appeal, Lange argued that her confessions at the hospital should not have been permitted at trial because they were involuntary due to the fact that she was exhausted, impaired, and mentally ill. She also held that her sentencing guidelines were improperly scored too high by the judge.

The appeals court opinion revealed numerous injuries which were based on the defendant’s trial transcript; these injuries included broken legs, potential burns in the genital area, skull fractures, and broken ribs which were partially healed, among other fractures. The appeals court disagreed with both of Lang’s arguments, ruling that her conviction and sentencing would stand.

August 27, 2013

20-year-old Comstock Township Woman Pleads Guilty to Manslaughter in Death of Boyfriend

by Scott Grabel

On Friday August 23, 20-year-old Jeanette Moore pleaded guilty to the fatal stabbing of her boyfriend in December of 2012. Moore allegedly stabbed the victim in the Comstock Township apartment the two shared, killing him.

Moore attended a hearing on Friday in Kalamazoo County Circuit Court in front of Judge Alexander C. Lipsey. She agreed to a plea deal in which upon pleading guilty to manslaughter, one charge of second-degree murder would be dismissed at her September 16 sentencing.

Moore pleaded guilty to stabbing 25-year-old Marcus Mahone on December 18, 2012 at the Comstock Village Apartments where the two lived. She was initially charged with one count of manslaughter, and one count of second-degree murder. The two had apparently been involved a dispute which ended with Mahone being stabbed. The defendant allegedly went to a neighbor’s apartment following the altercation and told the neighbor she had stabbed Mahone.

Latoya Martin, the defendant’s mother, stated that she believed the fatal stabbing was an act of self defense. Martin said that her daughter had told her in prior conversations that Mahone was jealous. She also said that she had talked with neighbors at the apartment complex, who told her that Mahone had been inside the apartment on the morning of the fatal stabbing, fighting with her daughter. Martin contends that her daughter ran to neighbors for help, then headed back to the apartment when she thought Mahone had left. Upon her return, she found Mahone was still in the apartment, and the fight continued.

Moore remains in the Kalamazoo county Jail on a $150,000 cash/surety bond according to a news article at Mlive.com. Court documents indicate prosecutors will recommend Moore be sentenced to three to 15 years for manslaughter.

Michigan manslaughter defense attorneys realize the tragedy of the situation when a young person faces prison time for a violent crime. Was Moore acting in self defense, as her mother said? Regardless, serving time in prison can ruin lives, reputations, and careers.

August 26, 2013

Wanted Paw Paw Man Arrested for Meth Possession, Other Drug Charges

by Scott Grabel

Scotty McConnell, a 26-year-old Paw Paw resident, was arrested on Thursday August 22 in connection with operating a meth lab and other drug charges, according to a news article at Mlive.com. Law enforcement authorities received a tip regarding the whereabouts of McConnell, who had been wanted on drug charges.

McConnell was located at the Applewood Mobile Home Community according to the Van Buren County Sheriff’s Office. He was wanted by Michigan State Police on bench warrants for failing to appear in court on original charges of amphetamine possession and assault, and meth possession according to a news release issued by the sheriff’s office.

After receiving the tip, state troopers and sheriff’s deputies went to the trailer park located in the 53400 block of County Road 687. Upon arriving, authorities found McConnell and a methamphetamine lab. McConnell allegedly attempted to flee out the back door of the trailer while authorities were speaking with his wife. McConnell was ordered out after running to a back bedroom in the trailer home, and was arrested. During the course of the arrest, police allegedly located components for manufacturing methamphetamine; they then secured a search warrant. After executing the warrant, deputies and troopers found numerous components for manufacturing meth.

McConnell was placed under arrest by authorities for the outstanding warrants; he was also charged with operating and maintaining a meth lab. Another woman who was not named was also arrested at the trailer on suspicion of operating and maintaining a meth lab, according to the article.

Michigan drug possession lawyers are well aware of the serious criminal penalties individuals face if convicted of operating/maintaining a meth lab. Depending on the amount of drug involved and other factors, penalties may include between 20 years and life in prison, and fines that range from several thousand dollars up to $1,000,000. Drug crimes are punished severely in the state of Michigan.

August 26, 2013

FBI Claims Grand Rapids Bank Robber Motivated by Addiction to Crack

by Scott Grabel

On Thursday August 22, 49-year-old Michael Loren Smith allegedly robbed a bank in downtown Grand Rapids. Smith is said to have robbed the Chase Bank located at 200 Ottawa Ave. NW to support his crack-cocaine addiction.

The robbery took place at about 4:30 in the afternoon; as Smith was walking near the Helen DeVos Children’s Hospital on Michigan Street NE, a Grand Rapids police officer spotted him counting the cash. Coincidentally, a call went out at the same time on the Grand Rapid Police Department’s radio frequency alerting of a downtown Grand Rapids bank robbery. FBI special agent Douglas Brownback reported that Smith looked at the officer who was watching him walk down the street, then fled into the hospital’s lobby. Security officers at the hospital detained the suspect in the lobby’s bathroom.

According to the FBI, Smith approached a teller at the Chase Bank as he was holding a debit card; the teller assumed he wanted to withdraw money. Smith then said, “You don’t understand, I have a gun, put the money on the counter.” He allegedly then said he had a gun as he grabbed the waistband of his pants. After complying with his demands, police found Smith had $1,926 in cash on him. FBI agents said the suspect admitted to robbing the bank, and said that his motivation was his addiction to crack cocaine.

Smith was convicted of robbing the same bank of $2,000 in 2005 when it was called Bank One.

Michigan federal criminal attorneys know the penalties for crimes prosecuted at the federal level are extremely severe for those convicted. In fact, an individual who robs a bank may be sentenced to life in prison, regardless of whether he/she was successful in obtaining money or property. The fact that Smith implied the presence of a weapon may leave him facing additional penalties.

August 23, 2013

Man Suspected in Alpine Township Home Invasion Will Not Be Allowed to Attend Mother’s Memorial Service

by Scott Grabel

Brandon Cook, a 30-year-old Sparta resident, was charged in June with first-degree home invasion in connection with the break-in of an Alpine Township home. He was lodged in the Kent County Jail on a $100,000 bond, where he remains. Cook’s mother, 54-year-old RuthAnn Robinson, died on August 15. She will be memorialized on Sunday, August 25, however Brandon Cook’s request to be set free for his mother’s funeral service and Long Lake Park luncheon has been rejected by Kent County Circuit Court Judge Paul Sullivan.

The judge’s decision to reject Cook’s request came on the same day the defendant refused a plea offer. Judge Sullivan told Cook that he was sorry for his loss, however the defendant’s record and the crime he is accused of committing would not justify the county’s expense of taking Cook to the memorial service, or the risk of releasing him for a few hours. The judge did suggest that the defendant’s family members record a video of the service, which Cook may be able to watch at a later date. Cook’s sister, Natasha Cook, said that her brother was one of her mother’s primary caretakers. She insisted that the court would know exactly where Brandon Cook was if police officers would escort him, stressing the fact that he remains in jail even though he has not yet been convicted of a crime.

Cook and another man, Damone Rashawn Hammock, were arrested for the June home invasion in which the two men used bicycles for transportation. Investigators believe the two broke into at least three homes in Alpine Township, and may be responsible for more due to the amount of property that was recovered in the course of the investigation.

Prior to the judge’s decision, Assistant Kent County Prosecutor Joshua Kuiper opposed the release of Cook for his mother’s funeral, stressing that Cook had to be located by police after failing to appear for a court hearing.

As a repeat offender, Judge Sullivan explained to Cook that he would spend between 4 1/2 years and 40 years in prison for the home invasion offense by not accepting the plea offer, which would have reduced the maximum prison time to 20 years. Cook would have had to plead guilty to the home invasion charge, and other counts would have been dismissed. The defendant rejected the deal.

August 23, 2013

Drunk Driving and Driver’s License Suspension in Michigan

by Scott Grabel

In Michigan, most people who are pulled over on suspicion of DUI or drunk driving are most concerned about fines, and the possibility they may go to jail if convicted. What many motorists don’t think about – or perhaps don’t even know – is that even before being convicted, their driver’s license may be suspended. Michigan drivers license reinstatement attorneys realize that in the long run, this can be one of the most serious penalties of all, considering having the privilege to drive is necessary to attend work, school, and important events.

A few weeks ago, a Troy man who is 78 years old was arrested after being stopped for suspicion of drunk driving. Police allege the elderly man did not stop at a red light, and continued driving for several blocks before stopping for police. While officers suspected the man was intoxicated due to his slurred speech, bloodshot eyes and the strong odor of alcohol, the suspect admitted he had been drinking since earlier in the afternoon. The stop took place at around 11 p.m., according to a news article at The News-Herald. The man was taken to the Trenton Jail, where chemical tests determined his BAC to be .15%, nearly double the legal limit of 0.08% in Michigan.

Understandably, no one wants to face potential jail time, substantial fines, and the possibility of increased auto insurance rates. However, a suspended driver’s license impacts a person’s life far more than he/she can imagine. Even for a first-time offense, an individual will have his/her license suspended for 30 days. After the initial 30 day period, the offender’s driving privilege will be restricted for 150 days, or about 5 months.

In order to have your driving privilege restored, it is necessary to attend a DAAD hearing (Driver Assessment and Appeal Division). There are certain things you must prove at this hearing in order to obtain a good outcome, so it is critical you have a capable and experienced Michigan drivers license restoration lawyer to help guide you through the process.

August 22, 2013

Shoplifting Now a Felony Offense in Michigan; Offenders May Face Prison Time

by Scott Grabel

On March 31 of this year, a new law regarding shoplifting took effect which was sponsored by Genesee County State Representative Joseph Graves. Now, shoplifting has become a felony crime punishable by up to five years in prison.

Decades ago, shoplifting typically consisted of lifting a candy bar or pack of cigarettes. Teenage girls may have found stealing a compact of eye shadow a thrill. Today, shoplifting has escalated to something far more serious, as people steal items of considerable value for the purpose of reselling the stolen goods on the Internet. Websites such as eBay and Craigslist have made shoplifting quite a profitable profession – and eliminated the need for “fencing” the stolen goods.

The new organized retail crime law is zeroing in on those who lift goods with the intention of selling them for a profit. According to a recent news article at Mlive.com, five-finger discount costs an estimated $35 billion annually. To break it down further, what the National Retail Federation refers to as “shrinkage” costs each consumer approximately $500 each year in the form of higher prices, as retailers must raise prices in order to compensate for loss attributed to shoplifting.

Lisa Dawn Ehorn is a prime example of what we are describing. In May, the 26-year-old mother was arrested after she and what were presumed to be her children were stealing goods at a River Town JC Penney store. The items Ehorn and the juveniles stole were believed to be worth between $200 and $1,000.

Ehorn admitted to store security personnel that some of the items were intended for her children and herself, however she also admitted that she intended to sell some of the goods. Now she stands charged with organized retail crime rather than second-degree retail fraud. Ultimately, instead of spending up to one year in jail, she may be sentenced to up to five years in prison. Ehorn’s trial is scheduled before Kent County Circuit Court Judge George Buth on October 21.

Michigan shoplifting attorneys realize that most people who shoplift are not truly aware of the serious penalties they may face if arrested and charged with stealing property that does not belong to them. Not only are the penalties harsh, a conviction will affect your reputation and career.

August 22, 2013

Court of Appeals Decision in Armed Robbery Case Overturned by Michigan Supreme Court

by Scott Grabel

In July of 2010, Devon Glenn Jr. was sentenced to 15 to 30 years in prison by Jackson County Circuit Judge John McBain for his role in the August 2009 robbery of Buddy’s Mini Mart. Glenn was allegedly carrying a fake sawed-off shotgun when he and another man, Georval Pennington, robbed the mini-mart. News reports indicated that one or two customers who were in the convenience store at the time were assaulted.

The Michigan Court of Appeals vacated Glenn’s sentence in March of 2012 and ordered the case back to court for resentencing, determining that Glenn’s actions were not “designed to substantially increase the fear and anxiety of his victims,” and were not sadistic, brutal, or torturous.

Now, the Michigan Supreme Court has overturned the Court of Appeals decision. On July 29, the high court ordered that Glenn’s July 2010 sentence be reinstated after Chief Appellate Attorney Jerrold Schrotenboer appealed the appeals court’s decision to the Supreme Court.

The Supreme Court’s opinion stated that Judge McBain was correct in his original assessing of points in Glenn’s case for aggravated physical abuse, and that the defendant’s actions were intended to considerably increase the victims’ anxiety and fear. The high court determined that the defendant “went beyond that necessary to effectuate an armed robbery.” Glenn allegedly struck the clerk and the clerk’s friend in the head using the butt of his gun after ordering them behind the counter.

The Supreme Court decided that Glenn could have simply told the victims that he had a weapon to instill fear, and that instead, he chose to use what looked like a sawed-off shotgun (news reports claim it was actually an Airsoft or BB gun) to strike the men in the head and threaten them.

Devon Glenn is 22 years old; should he serve a minimum of 15 years, he will be in his mid thirties when released from prison.

Michigan criminal appeals attorneys understand the complexities of these types of cases. Had points not been assessed for aggravated physical abuse, the maximum sentence Glenn would have faced would have been 11 years, four months according to the appeals court.

August 21, 2013

Cass County Residents Arrested on Multiple Methamphetamine-related Charges

by Scott Grabel

According to a Cass County Drug Enforcement Team news release, four people have been arrested on multiple methamphetamine-related charges after narcotics investigators obtained search warrants and searched two homes, one in Calvin Township and one in Mason Township.

A news article at Mlive.com states that 42-year-old Bonita King and 41-year-old John Pillow who live at a home in the 69000 block of Cassopolis Road were arraigned on August 14 in 4th District Court. King has been charged with possession of methamphetamine. Pillow has been charged with possession of meth, maintaining a drug house, conspiracy to deliver methamphetamine, and conspiracy to manufacture methamphetamine. Both were lodged at the Cass County Jail. King’s bond was set at $15,000, Pillow’s at $40,000.

The other two individuals facing methamphetamine-related charges are 42-year-old Kristina May and 45-year-old Basil Rowe, who live in the 67000 block of Calvin Center Road in Calvin Township. May was charged with maintaining a drug house and possession of meth. Rowe was charged with manufacturing methamphetamine, possession of meth and maintaining a drug house, operating and maintaining a methamphetamine lab, and other meth-related charges. The two were lodged at the Cass County Jail. May’s bond was set at $20,000, Rowe’s at $60,000.

Although news reports do not indicate the amount of drugs involved, Michigan drug possession lawyers know that these types of offenses are punished severely in the state of Michigan. Methamphetamine is a Schedule II drug, defined as those substances or chemicals with a high potential for addiction or abuse. This means the penalties for those convicted will be extremely serious. In fact, an individual convicted of possessing more than 1,000 grams faces fines of up to $1,000,000 and possible life imprisonment.

August 21, 2013

Benton Harbor Teen Wanted for Attempted Murder Turns Himself In

by Scott Grabel

On Monday August 19, 17-year-old Elliott Coates turned himself in to police according to a news article at The Herald Palladium. Coates had been wanted in connection with the July shooting of two teen boys in Broadway Park.

Coates, who is a resident of Benton Harbor, had been hiding out by running from one city to another in Michigan; he also went to Milwaukee, WI according to Benton Harbor’s deputy director of police services’ Dan McGinnis. McGinnis stated that Coates was “feeling the pressure” of the manhunt being conducted across the two states, which resulted in his surrendering to police.

Coates is accused of shooting two teenage boys in late July in Broadway Park, one of the victims 16 years old, the other 17 years old. The names of the alleged victims have not been released due to the fact they are juveniles, according to McGinnis. News reports indicate that the shooting occurred late in the afternoon on July 31, and that one of the victims was shot in the arm, the other in the stomach. Both boys were transported to an area hospital and were released. It is also believed that Coates may have fired at a third individual and missed.

Berrien County Prosecutor Michael Sepic authorized criminal charges against Coates in early August. He is currently being held in the Berrien County jail while he awaits arraignment on one count of carrying a concealed weapon, one count of felony firearm, and three counts of attempted murder. Police believe Coates and the victims were involved in a fight in the park prior to shots being fired.

Several agencies were involved in the manhunt for Coates including the FBI Violent Crimes Task Force, Battle Creek and Milwaukee Police Departments, Berrien County Sheriff’s Department and Benton Harbor Public Safety Department.

Michigan attempted murder attorneys know the criminal penalties for attempted murder are extremely serious; in fact, if convicted, an individual may face life in prison.