Michigan Criminal Lawyers Blog

August 2, 2013

22-year-old New York Man’s Driver’s License Suspended 69 Times

Any Michigan drivers license reinstatement attorney would find it hard to believe that someone would have his or her license suspended or revoked 69 times by the time he/she was 22 years old. However, that is exactly what has happened according to a news article at Myfoxdetroit.com.

The article reveals that 22-year-old Jaquan Joas was pulled over on the afternoon of August 1 in the Brentwood area in Suffolk County. Joas was pulled over as he was driving a 1990 Mercedes Benz by a Suffolk County police officer. He allegedly tried to run away after giving the officer a fake name, then was pursued as he ran on foot. Joas was captured just a short time later and arrested; he was charged with false personation, criminal possession of marijuana, resisting arrest, and aggravated unlicensed operation according to the news article.

Authorities found after checking Joas’ record that there were a total of 69 revocations or suspensions on his license. His arraignment is scheduled for August 3.

While we don’t know the cause or reasons for the numerous suspensions/revocations in this situation, in the state of Michigan winning back your driving privilege is not a simple process. An individual may have his/her driver’s license revoked for DUI or OWI; a third DUI offense within 10 years of the prior offense will leave you facing a five-year suspension of your license. Getting a driver’s license restored in many situations requires going before the DAAD, or Michigan Secretary of State’s Driver Assessment and Appeal Division. This is a highly complex process that requires the legal skill and support of a seasoned and capable Michigan drivers license restoration lawyer.

August 2, 2013

Does Recent Michigan Appeals Court Decision Indicate State’s Take on Self Defense?

by Scott Grabel

In a recent case involving the murder of Othell Lightfoot, the defendant, Deon Crawford, claimed that he shot Lightfoot in the face in self-defense, that he believed Lightfoot was reaching for a weapon. Crawford was charged with first-degree premeditated murder, however the jury acquitted him of this offense and convicted Crawford of second-degree murder. He was sentenced to 25 to 50 years in prison. All of this stemmed from a car crash involving a stolen car which struck several parked vehicles.

At his trial, Crawford argued that he shot Lightfoot in self defense, because he believed the man had a weapon. Upon investigating the scene, police found that the deceased man’s hand was extended into the waist area of his pants. It was determined that the victim did not have a weapon, and the defendant admitted that prior to shooting Lightfoot, he did not actually see a weapon.

Ultimately, Crawford appealed his conviction on the charge of second-degree murder to the Michigan Court of Appeals, arguing that he should have been granted an acquittal based on his argument of self-defense.

The appeals court determined that Crawford’s claim of self-defense hinged on whether the defendant honestly and reasonably felt that the use of deadly force was necessary because his life was in immediate danger. None of the witnesses at trial testified that Crawford was not in danger, however one witness, David Hicks Jr. (the victim’s brother), testified that after Crawford fired the shot, his companion pushed Crawford’s arm down saying, “Hey, what ya doing?” Hicks also fled after being shot in the face, however Crawford continued to fire although he did not actually see a weapon. For these two reasons, the evidence at trial supported that Lightfoot’s actions were not perceived as an immediate threat to the defendant and his companion’s safety.

Crawford’s convictions were upheld by the Michigan appeals court, however his case was remanded back to court for correction of sentence related to felony-firearm charges.

In Michigan, an honest and reasonable belief that an individual’s life is in imminent danger supports justifiable homicide; the defendant’s actions are supposed to be judged solely on how the situation appeared to the defendant, and not others. In this case, it seems that Crawford may have had a better outcome had his companion not said, “Hey, what ya doing?” What does this say about Michigan’s handling of self-defense?

August 2, 2013

Michigan Court of Appeals Vacates Sentence for Second-Degree Murder Following Double Jeopardy Issue

by Scott Grabel

On July 16, the Michigan Court of Appeals issued a final opinion in the case of Elijah Dujuan Key who was convicted of murder, home invasion, and other criminal charges in connection with the death of Melisa Ann Robinson. Key was sentenced to life in prison for felony murder, 25 to 50 years in prison for second-degree murder, 2 to 20 years in prison for first-degree home invasion, and given two years for felony firearm.

While the court of appeals did not overturn Key’s convictions, the court did vacate sentencing in part based on double jeopardy, although Key did not raise this issue in his appeal. The panel determined that Key could not be convicted on multiple murder charges arising from the death of one individual. Key was convicted on both felony murder and second-degree murder charges, which violates the constitutional protection against individuals being punished multiple times for a single offense. The appeals court affirmed Key’s conviction for first-degree felony murder, but vacated his conviction and sentence for second-degree murder.

Some of the arguments made by Key in his appeal included his belief that hearsay statements were erroneously admitted at trial in regards to Robinson’s fear of Key, the threats he allegedly made to her before her death, and other statements made by witnesses who were reportedly told these things by the decedent. Key also argued that prosecutors in the case made improper appeals to the jury to elicit sympathy for Robinson, and that the court abused its discretion by allowing into evidence a photo of the shotgun wound suffered by the deceased victim.

The appeals court did not agree with any of Key’s arguments so his conviction for felony murder still stands; however, the double jeopardy issue did result in the panel vacating the second-degree murder conviction and remanding it back to court for issuance of an amended judgment of sentence.

August 1, 2013

2010 Muskegon Shooting Victim Now Faces Criminal Drug Charges

by Scott Grabel

In 2010, Aryn Deshaun Nash was shot in the head in Muskegon Heights while riding in a vehicle with Michael Fair; Nash was 18 years old at the time, and fully recovered following surgery for his injury. Now 21 years old, Nash is facing criminal drug charges following his arrest on the evening of Saturday July 27 in the Dyson Street area of Muskegon Heights.

According to news reports at Mlive.com, Nash was pulled over that evening by two Muskegon County Sheriff’s deputies who were patrolling the area when they noticed Nash’s suspended license plate. What was first thought to be a routine traffic stop turned into something else when deputies noticed Nash attempting to hide something in the pocket of his sweatshirt. He also allegedly refused the deputies’ request to get out of the vehicle.

When the deputies did manage to get the suspect out of the vehicle, they noticed a strong odor of what they believed to be marijuana inside the car according to the sheriff’s office report. Upon searching the vehicle, deputies found plastic baggies, several cell phones, small scales, cocaine, cocaine powder, and other items typically connected with the manufacture and distribution of drugs. Nash also had approximately $2,500 on him according to the report.

Nash now faces felony charges of possession with intent to deliver cocaine, less than 50 grams, and resisting/obstructing a police officer. The Muskegon County Prosecutor’s Office is charging Nash as a third-time offender, which will increase the maximum penalty for the crime he is alleged to have committed from 20 years to 40 years. His status as a habitual offender stems from another drug-related arrest in June.

Nash was scheduled to be arraigned on Monday, July 29.

Michigan drug possession defense attorneys know that the manufacture, use, and distribution of narcotic drugs and illegal substances are a huge problem in the state. However, individuals who have been charged with a drug-related offense do have rights, and are innocent until proven guilty.

August 1, 2013

25-year-old Lansing Man to Spend Life in Prison for 2012 Murder

by Scott Grabel

In September of last year we wrote about the shooting death of 36-year-old Micah Arnold in Lansing; at that time, police were in pursuit of Kelvin “Monroe” Bates, who they suspected in the shooting which occurred outside Hildebrant Park apartments. Now, Bates is facing life in prison for the 2012 murder.

Lansing police arrested Bates five days after the shooting. Prosecutors charged the defendant with first-degree murder, felony firearm, assault with intent to commit murder, and three counts of carrying a concealed weapon. He was convicted by an Ingham County jury on June 12, and sentenced on Wednesday, July 24 to life in prison without the possibility of parole. Ingham County Circuit Judge Clinton Canady also sentenced Bates to 15 to 50 years and two years for additional charges.

Arnold was among friends and family who were attending a barbecue/birthday party in the courtyard of the apartment complex when he and Bates apparently had an altercation. According to several witnesses, Bates attempted to start an altercation, pulling a handgun out of his waistband. When Arnold slapped the hand Bates was holding the gun in, he fired at Arnold’s throat. News reports claim that Bates fired several more shots, striking Arnold in the abdomen five times. The victim was taken to an area hospital where he later died.

Michigan murder attorneys know the importance of hiring a capable and aggressive criminal defense lawyer when facing serious charges such as murder. While taking another person’s life is never condoned, all individuals are considered innocent until proven guilty. In order to have the best possible chance of avoiding serious criminal penalties, it is essential you hire a qualified and experienced attorney.

August 1, 2013

Appeal of Man Convicted in Livonia Police Officer’s Death Denied by Michigan Supreme Court

by Scott Grabel

In February of this year, Terry Neil Bowling’s argument that the sentence he received for his conviction of second-degree murder was cruel or unusual punishment was denied by the Michigan Court of Appeals. However, the appeals court did find that a mistake had been made in calculating the amount of restitution Bowling would pay – the court ruled the initial restitution amount of $5,890.33 should be lowered by 10 cents.

Bowling was convicted of second-degree murder in the death of Livonia Police Officer Larry Nehasil in 2011 in connection with a home invasion. According to a news article at the Oakland Press, Nehasil was in pursuit of Bowling and his brother when he was shot outside of the Walled Lake home he and his brother were accused of breaking in to. Bowling was also convicted of resisting/obstructing police and first-degree home invasion.

Initially, Bowling was charged with first-degree murder; however, he agreed to plead no contest to second-degree murder, along with the other charges. Following his conviction, Bowling was sentenced to 100 to 150 years in prison for the murder of Nehasil. He argued in his appeal that considering his age (49), he would spend the remained of his life in prison, and that the sentences for the crimes he was convicted of were excessive. The appeals court disagreed, ruling that the sentences were just.

Bowling appealed the appeals court’s ruling to the Michigan Supreme Court, and on Tuesday July 30 the court issued its ruling which stated that the court was “not persuaded that the questions presented should be reviewed by this court.” Bowling’s convictions and sentences will stand.

Michigan criminal appeals attorneys understand that essentially, a sentence of 100 to 150 years is life in prison. Sentencing in this case does seem extremely harsh, however convincing the appeals court is not easily accomplished.

July 31, 2013

Drug Smuggling Attempt Leaves Grand Rapids Woman Facing Probation, Jail time

by Scott Grabel

On Tuesday July 30, 25-year-old Cierra Shanae Collins pleaded guilty to a delivery of marijuana charge in connection to an attempt to smuggle drugs to inmates incarcerated in the Central Michigan Correctional Facility. Collins, a resident of Grand Rapids, reportedly tried to smuggle oxycodone, marijuana, and other items to inmates.

A news article at Mlive.com states that late last year, two inmates asked a corrections officer if he would assist them in bringing heroin into the facility in exchange for cash. Instead, the corrections officer reported the inmates request to the police, according to Gratiot County Prosecutor Keith Kushion.

The inmates apparently believed the corrections officer would work with them, and contacted Antawanicka Sherrills, another Grand Rapids resident, to arrange for Collins to make the drug delivery. Collins was to meet with the corrections officer, who would then deliver the drugs to Central Michigan Correctional Facility.

Instead, Collins met with who she believed to be a corrections officer in a Walmart parking lot in late December. The individual she passed the items to was actually a Michigan State Police detective. Collins gave him a cell phone, cash, and packages containing drugs. She was sentenced to up to 90 days in jail, and approximately three years probation. Kushion stated that Collins was currently on probation in connection with a charge on delivering drugs in another state.

Michigan drug defense attorneys know the importance of having a capable and aggressive lawyer on your side when charged with a drug offense. The use, possession, or delivery of marijuana, narcotics, methamphetamine, heroin, cocaine, and other drugs is taken very seriously in the state. Penalties are extremely harsh for those convicted, often including steep fines and substantial jail/prison time.

July 31, 2013

Man Faces Federal Charges in Connection With Ann Arbor, Bay and Saginaw County Bank Robberies

by Scott Grabel

James W. Brackenbury, a 42-year-old man charged with robbing an Ann Arbor bank on July 24, has recently admitted to three other bank robberies in the Saginaw and Bay City areas, according to news reports at AnnArbor.com and Mlive.com.

An FBI agent alleges in a criminal complaint that Brackenbury admitted to robbing three banks, and perpetrating a holdup at another, although he obtained no money in that incident. The banks Brackenbury allegedly robbed over a one-month time period include First Merit Bank in Hampton Township, Sunrise Family Credit Union in Bangor Township, and Fifth Third Bank in Ann Arbor. Community State Bank in Birch Run was the intended target of the attempted holdup in which Brackenbury claims he obtained no money.

FBI Special Agent Robert G. Schmitz wrote in an affidavit that Brackenbury obtained $9,600 in the robbery of Fifth Third Bank in Ann Arbor. According to the affidavit, the suspect pointed a black semiautomatic weapon at two bank employees, demanding they give him all of the large bills. Once they complied, he told them it was not enough. After taking the money tellers placed on the counter, Brackenbury took the money and walked out of the bank.

In all of the robberies, witnesses claim that the suspect brandished a handgun at bank tellers; surveillance footage also supports these claims. Brackenbury was arrested on Saturday, July 27, after a tip led Ann Arbor police to a Lansing-area Courtyard by Marriott. At the time of his arrest, the affidavit alleges the suspect had a crack pipe and crack cocaine in his possession. He also told investigators that he acted alone in the robberies, and used a BB gun in the commission of the crimes.

Kevin Mulcahy of the U.S. Attorney’s Office stated that Brackenbury has been charged with one count of bank robbery in federal court in connection with the Ann Arbor holdup. More charges are expected in connection with the other bank robberies, according to Mulcahy. News reports indicate the preliminary examination is scheduled for August 12.

Michigan armed robbery attorneys realize the serious criminal penalties individuals face when convicted of bank robbery, particularly at the federal level. In Michigan, robbing a bank is an offense that will leave the accused facing a potential life sentence.

July 30, 2013

MethCapital, Nonprofit Organization Started by Former Paw Paw Meth Addict

by Scott Grabel

According to Jewel Dailey, a former methamphetamine addict, the last three years haven’t been easy. Dailey says that the Van Buren County Drug Treatment Court Program she entered after being addicted to meth for 16 years not only changed her life, but saved it. She also admits that her addiction robbed her of her health, children, and marriage, and that if she had not conquered her “demons,” she may have ended up in prison, or even worse, dead.

Today, Dailey works on the nonprofit organization she began in 2011, MethCapital. After spending the majority of her adult life producing and selling meth, Dailey now focuses on raising money for the Van Buren County Drug Court. She now fights to stop the manufacture, use, and distribution of the drug that once had her in its grasp, raising money primarily through a fundraiser once titled the Community Recovery Bash, but now renamed to Festivalooza. The annual festival features food, games, contests, live music, a 5K race, silent auction, kids’ zone, and more. This year’s festival is slated to be held at the Paw Paw Middle School on August 3.

Dailey’s downhill slide began when her mother died, a very difficult time in her life. She said that she tried one line of meth at a party, and that was all it took. According to Dailey, meth made her feel good, but cost her a marriage and new home shortly after she became addicted. After the breakup of her marriage, she began manufacturing and selling meth to support her own use habit.

A news article at Mlive.com reveals that Dailey was stopped by police in December 2009; the car she was riding in contained a meth lab, leading to her being charged with meth possession. She was presented with the opportunity in court to enroll in a drug court rather than spend time in jail. While she admits the drug court was a “long, difficult road,” Dailey kept plodding forward and eventually began going to church, cutting ties with friends who used drugs. After seeing what she felt was a vision from God, Dailey approached a church in Paw Paw, Fresh Water Community Church, to help her with the resources to get MethCapital off and running.

Since it all began, Dailey has raised thousands for the drug court, held speeches to educate students about meth, and been a mentor for women in the drug court program. Also earning her GED and reconnecting with her children, Dailey said graduating from the drug program in 2012 was “one of the greatest accomplishments” of her life.

Michigan drug crime attorneys know that the punishment is severe for those convicted of offenses involving the use, manufacture, or sale of illegal drugs and narcotics. This story is one example of how individuals can turn their lives around, although it isn’t an easy journey.

July 30, 2013

Probable Cause Hearing Delayed in Labor Day Double-Murder Case Due to ‘Voluminous’ Evidence

by Scott Grabel

Michael Tarris Rashad Norris was scheduled to appear for a probable cause hearing on Friday, July 26 in connection with the September 2012 shooting deaths of 22-year-old Alvaro Carrillo-Menendez and 45-year-old Felix Romeo Reyes-Santos. Now, the probable cause hearing has been delayed due to what Norris’ attorney Christopher Dennie called a ‘voluminous discovery.’ According to a news article at Mlive.com, Dennie desired to delay the hearing after receiving this evidence from the Kent County Prosecutor’s Office.

The probable cause hearing has been rescheduled for August 9 after Grand Rapids District Court Judge Benjamin Logan agreed to the delay.

Norris was arraigned in July in connection with the Labor Day 2012 fatal shooting, which police say was an attempted robbery that went bad. Norris is charged with three counts of attempted murder, and two counts of felony murder in the deaths of Carrillo-Menendez and Reyes-Santos. A witness who was with Norris claims that he saw the two victims carting a case of beer, and Norris eyeing the two men. Manuel Rosado was allegedly with Norris, and claims that Norris said he was ‘broke’ and intended to rob the men. He went on to say that he witnessed the two men tumbling to the ground after hearing a bang. Rosado was charged with three counts of assault with intent to rob while armed.

Norris also allegedly shot another man approximately an hour later in the area of Buchanan Avenue SW and Griggs Street, although the victim survived.

Norris is also charged with two felony firearms counts. If convicted of the felony murder and gun charges, he faces a mandatory sentence of life in prison. He is currently being held without bond in the Kent County Jail; Rosado was held on a $750,000 bond.

While news articles do not indicate what the ‘voluminous’ evidence Norris’ attorney received is, Michigan murder attorneys know that this is one of the most serious charges a person can face. It is always a tragedy when a person who is 24 years old may potentially spend the rest of his or her life behind bars.