Michigan Criminal Lawyers Blog

August 12, 2013

Lansing Jail Officer Charged with Assault and Battery of Inmate Found Not Guilty

On March 22 of this year, David Gladstone, a 20-year veteran of the Lansing Police Department, was arrested and charged with assaulting a teen inmate at the city’s jail. Gladstone was suspended following the charge, and placed on administrative leave. On Tuesday August 6, a jury found Gladstone not guilty of misdemeanor assault and battery.

The incident involving the teen allegedly occurred on March 8 according to court records, although no details of the assault have been revealed. Gladstone’s trial was rescheduled twice, the first time due to a motion filed by Brett Naumcheff, the defendant’s attorney, who desired additional discovery and to obtain an expert witness.

Gladstone was one of four men named in a 2009 lawsuit involving the alleged assault of a man who was in the vicinity of a fight police were investigating. According to the plaintiff’s attorney in that case, a settlement of $46,500 was made by the city of Lansing. The plaintiff in the case, Michael Gallagher, accused Gladstone of grabbing and jerking his head back following and incident in which police detained Gallagher following a fight in the area. Gallagher was allegedly not involved in the fight, but complained about how the situation was handled by officers; he was then arrested. He also alleged that Gladstone shoved him into an elevator door face-first.

Michigan assault defense lawyers know that while considered a misdemeanor, a conviction for assault and battery can leave an individual facing jail time and fines of up to $500. Perhaps more importantly, accusations such as these can damage the accused individual’s career and reputation.

August 9, 2013

Saginaw Woman ‘Super Drunk,’ Unable to Submit to Breath Test

by Scott Grabel

Michigan drivers license reinstatement attorneys know all too well the dangers of driving while under the influence of alcohol, and the serious penalties those convicted will face. Recently, a Saginaw woman allegedly drove through Bay County so intoxicated, she could not submit to a Breathalyzer test. A news article at Mlive.com said that Regina Slaughter-Barrera also had two small children in the vehicle with her at the time, who were 3 and 5 years old.

Slaughter-Barrera was pulled over by a Michigan State Police trooper on Monday July 22 after he witnessed a vehicle traveling at 71 mph on M-15 near Cass Avenue in Portsmouth Township. The trooper said the vehicle, a 2006 Pontiac Grand Prix, braked hard before turning right without the use of a turn signal. Slaughter-Barrera did not stop immediately after the trooper put his emergency lights on, according to the news article.

The 39-year-old woman told the trooper she did not have a license; he observed her staggering and speaking in a slurred manner. Slaughter-Barrera was taken to McLaren Bay Region hospital for a blood test, because she was allegedly too inebriated to perform a satisfactory breath test or sobriety tests. In Michigan, it is illegal to operate a vehicle with a BAC of 0.08 or higher; Slaughter-Barrera’s blood alcohol level was 0.369, more than twice the 0.17 considered ‘super drunk’ in Michigan.

Ultimately, she was charged with OWI third offense, operating a motor vehicle while license suspended, denied or revoked, second offense, and two counts of OWI with an occupant younger than 16 – child endangerment, second offense.

When an individual is caught driving on a suspended or revoked license, the initial suspension period is typically doubled. Additionally, an individual who is found to be super drunk will face 45 days of license suspension and 320 days of restricted driving, whereas a traditional DUI carries a license suspension of 30 days with 150 days of restricted driving.

August 9, 2013

Norton Shores Mom of Two Faces Trial for Allegedly Operating Meth Lab

by Scott Grabel

On July 23, Child Protective Services received a tip regarding an alleged meth lab in a North Shores home where two children lived, according to a news article at Mlive.com. The children’s mother, Glinda Marie Reeman, now faces trial for running a meth lab; the children were removed from the home by CPS workers.

The home, located in the 3100 block of Sheffield Street, is where North Shores police found what they believed to be components of a meth lab in outside trash cans. Police were called to the home at the request of Child Protective Services. According to police, the alleged meth lab is the second to be located in Norton Shores, and was believed to be the largest to date located within Muskegon County.

Reeman has been charged with operating or maintaining a meth lab, and methamphetamine delivery/manufacture. If convicted, each of the two felony counts are punishable by up to 20 years in prison.

After uncovering the items they believed to be related to manufacturing meth, police called in the West Michigan Enforcement Team for assistance. The home and outbuildings on the property were searched by WEMET, North Shores Police, and Child Protective Services. While reports indicate police did not find an active lab, they did uncover pseudoephedrine blister packs, cold pack remnants, lithium battery casings, used coffee filters, and 15 hydrogen chloride gas generators. The news article also stated police allegedly found 18 “one pot meth labs” which were inactive.

What police called “considerable” amounts of meth oil was seized at the home, along with a small amount of marijuana and methamphetamine.

Reeman was arraigned on July 25 and waived a preliminary hearing. As of Wednesday August 7, she remained incarcerated at the Muskegon County Jail on a $25,000 cash or surety bond.

Michigan drug crime lawyers know the serious penalties individuals face when convicted of a drug offense such as operating a meth lab. The state of Michigan cracks down extremely hard on drug offenders, which is why those accused must have a skilled and capable attorney.

August 8, 2013

18-year-old Ann Arbor Man Facing Multiple Home Invasion, Other Charges Heads to Trial

by Scott Grabel

18-year-old Javare Holmes of Ann Arbor has been charged with nine counts of first-degree home invasion and other felony charges in connection with break-ins at homes across Washtenaw County. Holmes appeared on Monday, August 5 for a pretrial hearing; his trial date was set for September 30 for four of the most recent cases, according to a news article at AnnArbor.com.

March news articles indicated that Holmes was involved in 17 incidents across Washtenaw County, including eight break-ins in the city of Ann Arbor, and three in Pittsfield Township among others. Holmes was arrested on March 9 of this year; some of the items allegedly recovered from the residence on Kirtland Drive where he was arrested included laptops, guitars, watches, digital cameras, cell phones, televisions, and GPS units.

In addition to the nine counts of home invasion, Holmes was charged with larceny in a building, assaulting, resisting, or obstructing a police officer, and receiving/concealing stolen property worth more than $1,000 but less than $20,000.

In May, prosecutors offered Holmes a plea offer, but he refused. The prosecution and defense appeared willing to discuss a plea deal prior to the cases going to trial at Monday’s hearing.

In May of 2012 Holmes paid $2,000 to bond out of jail after being charged with first-degree home invasion; he did not show up for a pretrial hearing on the charges, and a bench warrant was issued. Police believe that during the time he was wanted on the warrant, Holmes committed nine additional home invasions.

The criminal penalties for a conviction on charges of first-degree home invasion are serious, as all Michigan breaking and entering lawyers are aware. Individuals may face fines of up to $5,000 and up to 20 years in prison. Holmes may face up to 208 years in prison if convicted on all counts and ordered to serve consecutive sentences.

August 8, 2013

Bay City Woman’s Guilty Plea Will Stand According to Michigan Court of Appeals Ruling

by Scott Grabel

Nearly one year ago Bay County Chief Circuit Judge Kenneth W. Schmidt set aside 48-year-old Rebecca J. Shimel’s guilty plea on grounds that Shimel did not appear to comprehend her actions when she pleaded guilty to the 2009 fatal shooting of her husband. Shimel pleaded guilty in February of 2011 to felony firearm charges and second-degree murder. Initially Judge Schmidt accepted the defendant’s guilty plea; he then overturned his own decision in August of 2012, setting aside the guilty plea.

According to a news article at Mlive.com, Schmidt claimed that E. Brady Denton, Shimel’s attorney, did not clearly explain to Shimel the prison sentence she would likely face if she pleaded guilty to the charges against her. He also said a possible self-defense aspect of Shimel’s case was not thoroughly investigated.

Schmidt’s finding was appealed by the Bay County Prosecutor’s Office. The Michigan Court of Appeals ruled that Shimel’s guilty plea will stand, although she may get a new sentence.

Shimel was accused of killing Rodney L. Shimel in December of 2009, allegedly shooting him nine times in an upstairs bedroom. The couple had four children, who were said to be home at the time of the murder. It was indicated by some that Shimel acted in self-defense, that she had been the victim of domestic violence for years. John S. May Jr., a former Bay City Police Detective, testified that Rodney Shimel was arrested in 2007 for domestic violence, although the couple’s adult daughters claimed they had never witnessed a physical altercation between their mother and father.

The appeals court ruled that the trial court abused its discretion by allowing Shimel to withdraw her guilty plea based on the erroneous determination by the judge that she was denied the effective assistance of counsel. The Court of Appeals went on to say that the trial court’s order granting Shimel’s motion to withdraw the plea is reversed. The case was remanded back to the court so that Shimel’s motions to correct her sentence may be addressed.

Michigan criminal appeals attorneys know how critical it is that a defendant have skilled, capable legal counsel when appealing a conviction or sentencing. Individuals considering an appeal must have an attorney who will thoroughly review every detail of the case to determine how to best approach it so that the desired outcome is reached.

August 7, 2013

Suspect in Break-in at Kid Rock’s Home Faces Three Felony Charges

by Scott Grabel

On Monday, August 5, we wrote about a suspect who had been arrested after attempting to break in to Kid Rock’s Clarkston home. Now, 43-year-old Brian Duane Keith is facing three felony charges following his Tuesday arraignment. Keith has been charged with malicious destruction of personal property over $1,000, malicious destruction of building over $1,000, and attempted second-degree home invasion.

According to a press release issued by the Oakland County Sheriff’s Office, the damages to the property are in excess of $29,000. A news article at Mlive.com stated the damages include those to the residence, a garage, and security gate. A court clerk indicated that the maximum penalty for each of the felony charges is five years in prison.

Keith is scheduled to go before Judge Joseph Fabrizio on August 12 for a preliminary exam conference. In the press release issued by the sheriff’s office, it was mentioned that the defendant has an “extensive criminal history.” Most of the crimes Keith is accused of committing occurred during 2005 and 2006 in North Carolina and Virginia, and include OWI, check forgery, assault, impersonating a police officer, and receiving/concealing stolen property.

The criminal offenses Keith has been charged with are serious, and will leave him facing harsh criminal penalties if convicted. As Michigan criminal defense attorneys are aware, individuals may be charged with a misdemeanor or felony crime depending on the type/severity of damage with malicious destruction of property. If charged as a felony, penalties may include fines of three times the value of the damage or up to $10,000 and up to five years in prison.

August 7, 2013

Case Involving Developmentally Disabled Man Accused of Murder Goes Before Michigan Court of Appeals

by Scott Grabel

On Tuesday August 6, Michigan Court of Appeals judges heard arguments presented by attorneys for 19-year-old Davontae Sanford, a developmentally disabled man who claims he was wrongly convicted of killing four people when he was 14 years old.

Sanford allegedly murdered the four individuals at an east-side drug house in 2007. While prosecutors in the case insist the right man was convicted due to Sanford confessing to the crime and pleading guilty, a convicted hit man confessed to committing the murders. According to a news article at Detroitnews.com, Vincent Smothers claims to have committed the murders; Sanford’s lawyers told the appeals judges that Smothers told investigators where a .45 caliber pistol used in the commission of the crime was located. They also said that Smother’s pants had gunshot residue, which further linked him to the murders.

According to Sanford’s mother, her son was arrested when he walked up to police officers who were at the scene of the crime, and told them he knew what had happened. While Sanford allegedly confessed to the murders, his attorneys state that his confession was coerced by police, and that the defendant did not have a parent or lawyer present during his interrogation. Taminko Sanford-Tillman, Sanford’s mother, claims that her son was at home during the time the murders were committed. At the time of the murders, Sanford was 14 years old and a special education student.

In March, former head of the Detroit Police Homicide Section William Rice was charged with lying under oath regarding the case. Rice is accused of lying about Sanford’s whereabouts at the time the murders took place. He is scheduled to go on trial in September, and could spend life in prison if found guilty of perjury in a capital case.

The Court of Appeals is expected to rule on the appeal request in three weeks. Judges on the panel who heard the arguments on Sanford’s behalf included Christopher Murray, Mark T. Boonstra, and David Sawyer.

It seems there are plenty of questions in this case; if Sanford did not commit the murders, it is a tragedy that he has been sentenced to 37-90 years for a crime he is innocent of. Michigan criminal appeals lawyers understand the complexity of these types of cases, and that winning an appeal requires special skill and expertise.

August 6, 2013

Genesee County Corrections Deputy Fired Following Allegations of Distributing Illegal Drugs to Inmate

by Scott Grabel

Last month, a Genesee County jail guard was fired from her job after being accused of giving illegal drugs to an inmate at the jail. Amy Gatica was arraigned on 16 counts after it was alleged she brought cocaine into the facility and provided it to inmates while on duty. Gatica had been working at the Genesee County Jail as a corrections deputy for 13 years.

A July news article at Mlive.com indicated that Gatica was charged with two misdemeanor counts and 14 felony counts. Genesee County Sheriff Robert Pickell stated at a press conference that the incidents went back as far as October of 2012, and that Gatica smuggled prescription drugs and cocaine inside her clothes, delivering them to an inmate.

The sheriff’s office received a tip regarding the Gatica case according to Pickell, and immediately began investigating. Authorities searched Gatica’s vehicle and home, confiscating drugs; Pickell went on to say that she was “an addict,” and that she had cocaine and other illegal drugs in her system.

Frank J. Manley, Gatica’s attorney, said that she had a medical condition she took pain medication for; he scoffed at the allegations his client was an addict. He also said that the sheriff’s department may have been aware of Gatica’s medical condition, but made no effort to help her. According to Manley there was no proof that the defendant had given drugs to an inmate at the jail.

Gatica was charged with 11 counts of obtaining a controlled substance by fraud, two counts of possession of marijuana, two counts of possession of cocaine less than 25 grams, and delivery of cocaine less than 50 grams. The sheriff also alleged that Gatica was obtaining prescription drugs like Vicodin by using the personal information of a private physician. There has been no word as to when Gatica will be tried for the charges.

Drug crimes can leave those accused facing extremely serious penalties if convicted. As experienced Michigan drug crime lawyers know, delivery of less than 50 grams of cocaine will leave someone who is convicted facing fines of up to $25,000, and up to 20 years in prison. Even possessing less than 25 grams of cocaine can leave you facing as much as four years in prison and substantial fines.

August 6, 2013

Benton Harbor Man Pleads Guilty to Armed Robbery, Sentenced to Minimum of 8 Years in Prison

by Scott Grabel

On Monday August 5, 21-year-old Curtis Wayne Hankton was sentenced to 8 to 20 years in prison for two armed robberies he pleaded guilty to; he will serve these terms concurrently after being sentenced by Kalamazoo County Circuit Judge J. Richardson Johnson.

Hankton participated in two armed robberies which took place on January 18 and January 22 in Kalamazoo, one in the Westwood neighborhood and one at an apartment complex, according to a news article at Mlive.com. The robberies were called ‘violent,’ as one woman was allegedly raped and beaten, and another man shot in the stomach. Hankton also pleaded guilty to felony use of a firearm.

In the January 18 incident, a man was confronted by an armed individual as he was leaving his home late in the evening. A struggle ensued, and shots were fired, one hitting the victim in the abdomen. Despite his injuries he was able to disarm the suspect. A second armed suspect then came along, assaulted the victim, and took away the gun the victim had recovered from the first suspect. In the commission of the crime, two cell phones were stolen.

The January 22 incident occurred at Big Bend Apartments when Hankton and two other men broke into an apartment, severely beating and sexually assaulting the female resident before kidnapping her and dropping her off at a hospital. The two men involved in the incident with Hankton were identified as Danny P. Vinson and LaFunta Summers. Vinson is scheduled to be sentenced next week after being convicted of first-degree home invasion, first-degree criminal sexual conduct, armed robbery, and other crimes in July.

Hankton had no prior criminal history before the armed robberies he pleaded guilty to, and apologized profusely as he broke down and cried at his sentencing hearing, saying, “I’m sorry, I’m not a bad guy.” Hankton’s attorneys said that he had met Summers and Vinson through Benton Harbor’s Boys and Girls Club, and that the two men were mentors.

Michigan armed robbery attorneys realize the tragedy in this situation, and that a young man’s life has potentially been ruined because of his mistakes in choosing to participate in crimes with men he considered his mentors.

August 5, 2013

Colon Township Resident Faces Meth Charges After Report of Smoking Trash Bag

by Scott Grabel

Recently, a resident of Colon Township was taken into custody and arrested for methamphetamine-related charges after the St. Joseph County Sheriff’s Office received a report of “smoking” trash. When a deputy arrived at the scene, he found the trash bag reported by a resident in the area was smoking. The trash bag was located on the side of Decker Road in Colon Township on Tuesday, July 30 according to a news article at Mlive.com.

The deputy suspected the trash was meth related according to a news release issued by the Sheriff’s office. Deputies called SCAN (St. Joseph County Area Narcotics) investigators who went through the trash and found items which led them to believe the resident had been using and manufacturing methamphetamines. A search warrant request was then issued, and upon execution police discovered critical evidence.

The resident who was suspected of meth use and manufacturing was not at home at the time investigators discovered the items, but did return while authorities were still at the scene. The suspect was then taken into custody and incarcerated at the St. Joseph County Jail.

The press release issued by the Sheriff’s department indicates the suspect faces several charges including possession of meth, maintaining a drug house, possession of marijuana, and operating/maintaining a meth lab.

Michigan methamphetamine possession attorneys know that anyone who is convicted of possessing this Schedule 2 drug faces harsh consequences. When manufacturing or intending to distribute or deliver is also a factor, the penalties become even more serious. Drug crimes are taken very seriously in the state, and prosecuted vigorously.