Michigan Criminal Lawyers Blog

August 13, 2013

South Haven Man Convicted in Counterfeiting Operation Sentenced to 51 Months in Federal Prison

50-year-old John William Wilson, a man who had just been released from prison, is reportedly headed back after being convicted of running a counterfeiting operation out of a South Haven hotel room. According to a news article at Mlive.com, Wilson used the bogus bills making purchases at local businesses.

Wilson was arrested after Wilson allegedly attempted to purchase a used car he found on Craigslist using counterfeit money. The owner of the car recognized that the money Wilson was attempting to use to purchase the car was fake; Wilson gave the man $800 in fake bills, according to the article. The owner of the vehicle alerted police, who located Wilson and arrested him outside of the Secretary of State’s office in Paw Paw.

In a letter Wilson wrote to U.S. District Judge Paul Maloney, he claimed he had suffered a “horrifying addiction to drugs and alcohol.” Wilson went on to say that he had been addicted to the substances for decades. Sean Tilton, Wilson’s attorney, added that his client wants to address his problems, and that he began using drugs as a teen growing up in foster homes.

Wilson had previously served time in prison for counterfeiting, and targeted local businesses due to the fact that he did not have a car. To avoid drawing unwanted attention to the fake bills, Wilson kept purchases under $100. He also allegedly came up with a scheme while in prison to purchase merchandise with counterfeit bills, then return the goods in exchange for authentic bills.

Judge Maloney sentenced Wilson on Wednesday, August 7 to four years and three months in federal prison. Upon completion of his prison term, he will be placed on supervised release for three years.

Michigan federal criminal attorneys know that while all criminal offenses are punished harshly, those at the federal level incur more serious penalties.

August 13, 2013

Michigan Court of Appeals Upholds Man’s Conviction in 1998 Covert Beating Death

by Scott Grabel

In November of 2010, Ed Foster was sentenced to life in prison without the possibility of parole in the 1998 death of Deborah Boothby in Covert Township. Boothby was beaten before being run over by two cars and left on the side of the highway to die, according to a news article at Mlive.com. Foster has maintained his innocence, claiming that others beat and killed the victim.

The victim was allegedly involved in an altercation with Foster and three other individuals before being beaten in a Covert nightclub parking lot, according to court testimony. Boothby was then beat again after being taken to a nearby park; she was then returned to the nightclub and allegedly run over by two vehicles in order to make her death appear to be an accident.

Foster appealed his convicted to the Michigan Court of Appeals, arguing that his lawyer was ineffective, and that the court violated his Sixth Amendment right to a public trial. Jurors also saw Foster in leg restraints and handcuffs, a fact that he claimed violated his due process rights. He also claims that jurors heard what he referred to as “false and perjured testimony” from a witness.

Following his sentencing in November of 2010, Foster said that “The verdict of guilt is not a reflection of what happened.” He went on to say that his conviction was not justice, and that he did not and could not kill the woman. Foster, who at the time lived in Conyers, Georgia, claimed at trial that the other individuals who were with him killed Boothby, but that he had no part in it although he did nothing to stop it.

On Friday August 9, Court of Appeals judges Deborah A. Servitto, Henry William Saad, and William B. Murphy issued a 15-page opinion upholding Foster’s conviction.

Michigan criminal appeals lawyers know that appealing a conviction or sentence is a complex process, and that obtaining the desired outcome requires a competent and experienced attorney who is thoroughly familiar with the appeals process.

August 12, 2013

Grand Rapids Man Faces Possession with Intent Charges Following 100-mph Chase Through Wexford County

by Scott Grabel

On Friday August 9, Michigan State Police were involved in a high-speed chase near Cadillac through Wexford County after attempting to pull over a vehicle for speeding on U.S. 131. The incident took place at approximately 7:20 p.m. according to a news article at Mlive.com.

When troopers attempted to pull over the driver of the speeding vehicle, he fled east on M-115 after exiting the freeway. Police allege the man was driving in excess of 100 mph. Eventually the speeding motorist struck a patrol car that was in pursuit of him, which resulted in his vehicle being pushed into a ditch. The suspect then spun the car around before fleeing west on M-115. Police then executed a PIT maneuver, which is a tactical ramming technique in an effort to stop the speeding vehicle.

Upon stopping the vehicle, troopers discovered the suspect was driving with a suspended license and was in possession of cocaine and heroin. He was arrested and charged with driving on a suspended license, fleeing and eluding police resulting in a collision, and possession with intent to deliver cocaine and heroin. Following his arrest the suspect was lodged in the Wexford County Jail.

Michigan drug possession attorneys know the serious criminal penalties individuals face when charged with possession with intent to deliver cocaine, heroin, or other illegal drugs or narcotics. Depending on which schedule a drug is classified as, penalties for a conviction can be extremely severe, including fines of between $25,000 and $1,000,000 and/or a prison sentence of 20 years to life for Schedule I or Schedule II drugs. Even less serious offenses leave those convicted facing potential jail time, fines, driver’s license sanctions, and more. Any drug offense can negatively affect your career, reputation, and other areas of your life.

August 12, 2013

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

by Scott Grabel

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.