Michigan Criminal Lawyers Blog

July 8, 2013

Decatur Man Faces Driving While License Suspended, Other Charges Following Tailgating Traffic Stop

On Monday June 10, 32-year-old Robert Anthony Moore was stopped by police in Lawrence for driving on the fog line and tailgating another vehicle; he was charged with resisting and obstructing, and jailed after it was determined there were previous warrants for his arrest.

The incident occurred near Exit 52 on eastbound I-94 in Lawrence Township. Upon pulling Moore over, the officer found that he had no identification; he also allegedly provided the officer with a false name and date of birth, according to a Van Buren County Sheriff’s Office news release.

Fingerprints ultimately identified Moore to police after he was arrested and taken to the Van Buren County Jail. Police also learned that in addition to two outstanding warrants, Moore was driving on a suspended license. He was charged with driving while license suspended, providing false information to a police officer, and resisting and obstructing a police officer.

Michigan drivers license restoration lawyers know that there are situations in which an individual whose license has been suspended must drive; however, it is never advised that someone drive on a suspended license, as the penalties are extremely serious. Not only may the initial suspension period be doubled, penalties may also include fines, driver’s responsibility fees, and even substantial time behind bars in some circumstances.

When someone has been caught driving on a suspended license, it is highly recommended that the individual contact an experienced Michigan drivers license reinstatement attorney at once, rather than risking jail time or other serious consequences. The attorney you choose should be one who is skilled with a proven track record for successfully handling these types of cases in front of the Secretary of State’s DAAD (Driver Assessment and Appeal Division). Depending on various factors, it may be possible to have the suspension period reduced, or even completely dropped.

July 8, 2013

30-year-old Grand Rapids Father of Six to Learn His Fate in Fatal 2012 Drunk Driving Incident

by Scott Grabel

30-year-old Calvin Leon Liptrot Jr. is scheduled to be sentenced on July 8 on charges of operating while intoxicated causing death, and failure to stop at the scene of an accident that resulted in death. Liptrot is to be sentenced by Kent County Circuit Court Judge James Robert Redford.

On June 3 of this year, Liptrot pleaded no contest to the charges, which stem from an accident that occurred in December of 2012. According to a news article at Mlive.com, Liptrot and 22-year-old Michelle Caverly had been partying on the evening of the accident, and had gotten into a Chevy van. Liptrot was allegedly drunk when he got behind the wheel of the van; the 22-year-old woman was in the passenger seat with the door open when the defendant reportedly put the van into reverse and struck a tree, knocking Caverly out of the vehicle. The incident occurred in the area of Third Street near Fremont Avenue NW.

Investigators allege that after striking the tree, the van continued in motion and slammed into a house after running over Caverly. Liptrot got out of the van according to witnesses, then climbed back in after standing over the victim’s body briefly; he then fled the scene. He was apprehended not long after the accident, and according to police and James Benison, Kent County Assistant Prosecutor, had a blood alcohol level of 0.15 at the scene; it was also determined that Liptrot’s system contained cocaine and marijuana.

Caverly was taken to Spectrum Health Butterworth Hospital, where she died shortly thereafter. She was the mother of a young son and a 2008 Northview High School graduate.

Earlier news reports indicated that authorities were not certain whether Caverly was actually inside the van and fell out when Liptrot slammed the van into reverse, or whether she may have been standing near the tree. Grand Rapids police officer Greg Edgcombe could not confirm that Caverly was in the passenger seat of the van. When the vehicle was located, it was missing the passenger side front door.

Michigan OUIL manslaughter attorneys realize the seriousness of crimes involving alcohol or illegal substances when a life is lost. Individuals who are convicted of this type of criminal offense will face up to 15 years in prison.

July 5, 2013

22-year-old Bay City Man Faces Multiple Charges Including Driving on Suspended or Revoked License

by Scott Grabel

On July 1, 22-year-old Carlos A. Lopez was charged with one count each of larceny in a building, unlawfully driving away a motor vehicle, and driving on a suspended or revoked license. Lopez allegedly stole a vehicle from a friend, then crashed it into a light pole before running away from the scene of the crash. He was also charged with failure to report an accident to fixtures.

The alleged crimes occurred on the evening of May 14, when Bay County Sheriffs deputies responded to reports of a hit-and-run in Bangor Township at 503 N. Euclid Ave. Court records indicate that when officers arrived, they witnessed a blue 2000 Saturn sedan that had collided with a light pole. Upon their arrival there was no one in the car, however deputies were told by a witness that she saw a young man run away on foot after the car crashed into the light pole.

Deputies learned that the vehicle belonged to a friend of Lopez, Kayla Swiecicki. According to Swiecicki, who had a few friends over at another friend’s home where she was staying, located in the 4500 block of Woodbridge Ave. Swiecicki told deputies that she went to the bathroom and discovered after she returned that Lopez and two other individuals had left the residence, and that after looking through her purse she discovered her car keys were missing.

Investigators spoke with Lopez over the telephone a few days later, when he denied any knowledge of the accident or having taken his friend’s car. A warrant was issued for his arrest on June 10, and following Lopez’s June 26 arraignment in Bay County District Court he posted 10% of a $10,000 bond. Lopez is scheduled to go before Bay County District Judge Mark E. Janer for a preliminary examination on July 10.

Michigan drivers license reinstatement lawyers understand that while the other charges Lopez faces may result in serious criminal penalties, driving on a suspended or revoked license is a serious offense in itself. Individuals who are caught driving on a suspended license typically face having their license suspended for twice the original suspension period, and may also face fines and jail time.

July 5, 2013

After Failed State Appeals, Alleged Murderer’s Petition for Relief Denied by Federal Judge

by Scott Grabel

In March of 2006, Ronald Wenman was convicted of felony murder in a case involving Walgreens clerk Patti Jo Morris. Wenman allegedly slashed Morris’ throat while holding up the Walgreens pharmacy in August of 2005.

Wenman was sentenced to life in prison, and has had his appeals for relief denied by the Michigan Court of Appeals. Now, U.S. District Judge Sean F. Cox has denied Wenman’s relief motion.

Habeas corpus is the right of detained Americans to challenge their imprisonment. Wenman petitioned the federal court in Detroit for habeas corpus following his failed state appeals, claiming ineffective counsel, an “impermissibly suggestive” photo line-up, and that he is innocent of the crime. According to Wenman, a witness was shown a photo line-up in which he was the only individual wearing an orange jail uniform. A news article at Mlive.com states that Wenman is a parolee and career criminal.

Wenman also submitted a copy of a police report in his efforts to argue his claim that he is innocent of the murder. The police report indicated that investigators were told by a parolee that a prostitute and two other men committed the robberies which included Walgreens and a grocery store that was robbed hours prior to the murder of the clerk, another robbery Wenman was accused of. The federal judge’s ruling said that Wenman’s innocence is not demonstrated because of the fact police considered other suspects.

Wenman was incarcerated in the Lakeland Correctional Facility in Coldwater, where he remains.

Michigan criminal appeals attorneys are very familiar with a “2255 petition,” or petition for writ of habeas corpus. Essentially, this is a request on behalf of a prisoner (may also be a judge or individual held in detention) to be brought to court by prison officials in order to determine whether that individual may have been imprisoned unlawfully.

July 4, 2013

Sparta Man Faces Felony Charges Following Alleged Armed Robbery of Admiral Gas Station

by Scott Grabel

33-year-old Jason Michael Warfield of Sparta was recently charged in connection with the June 21 armed robbery of an Admiral gas station located at 206 S. State Street. Warfield allegedly used a knife and bicycle in the commission of the crime.

According to a news article at Mlive.com, Warfield made his getaway on a bicycle after taking cash and cigarettes from a clerk at knifepoint. The robbery took place at around 10 p.m. After fleeing on a bicycle, police arrived at a nearby home after a tracking dog followed Warfield’s scent, according to Sparta Police Chief Andrew Milanowski.

While there was no one at the home when police got there, a vehicle arrived shortly thereafter. Warfield was inside the vehicle, and ran inside the house with a bag in his hand; he was then arrested. The suspect was charged with armed robbery as a habitual offender and possession of narcotics, less than 25 grams.

Considered a habitual offender due to convictions for domestic violence more than a decade ago, Warfield was given the opportunity by the Kent County Prosecutor’s Office to plead guilty to charges of armed robbery and possession of narcotics less than 25 grams. Warfield’s status as a habitual or repeat offender could result in a much harsher sentence should the defendant not agree to the plea deal. In fact, he could face a sentence of life in prison.

As of the morning of July 4, Warfield remained in the Kent County Jail on a $260,000 bond.

Michigan armed robbery attorneys understand that in order to be charged with this serious criminal offense, an individual does not have to wield a gun and escape in a “getaway” car. In fact, there does not have to be a weapon at all. If an individual even insinuates the presence of a weapon in order to instill fear in the victim, he/she may be charged with armed robbery, although no actual weapon exists.

July 3, 2013

20-year-old Lansing Man Charged with Open Murder in Death of 35-year-old Anthony Kye

by Scott Grabel

20-year-old Kosgar Lado was arrested on Thursday, June 27 for the murder of 35-year-old Anthony Kye who died of gunshot wounds he suffered near a residence in the 600 block of North Pine Street according to an article at Mlive.com. Lado was formally charged on Thursday, and arraigned on Friday on charges of open murder, possession of a weapon with unlawful intent, assault with intent to commit murder, and possession of a firearm during the commission of a felony.

The shooting incident took place on Wednesday, June 26, just blocks from Lansing’s state government complex in the downtown area. After receiving information that a shooting had occurred, Lansing police officers arrived near a residence in the 600 block of North Pine Street to find the victim had suffered gunshot wounds; he was taken to an area hospital where he was pronounced dead.

Police determined that the shooting was not a random crime. Lansing Police Captain Jim Kraus stated that he believed the suspect and the victim may have known each other. Police released very few details regarding the incident, so a motive for the shooting remains a mystery at this time.

Open murder in Michigan allows the jury or judge to determine whether an individual will be tried for first- or second-degree murder, depending on the unique circumstances surrounding the case. As Michigan murder attorneys know, a conviction for either offense will leave the individual facing serious criminal penalties. First-degree murder may leave the convicted person facing life in prison; while second-degree murder may also be punishable by life in prison, the convicted individual may be sentenced to any number of years.

July 2, 2013

28-year-old Ypsilanti Man to Head to Trial Following Accusations He Shot at Cars on U.S. 23

by Scott Grabel

In February of this year, 28-year-old Elmore Ray was arraigned on several charges after being accused of firing a sawed-off shotgun at cars on U.S. 23. According to a news article at Annarbor.com, Ray wore an expression of disbelief as the charges were read, saying that “I didn’t assault anybody, I was just . . . ” before being cut off by Magistrate Elisha Fink, who informed Ray he didn’t have to say anything.

Ray was charged with four counts of assault with intent to murder, four counts of assault with intent to commit great bodily harm, possession of a firearm in commission of a felony, possession of a short-barreled shotgun, and carrying a weapon with unlawful intent.

Last week, Ray’s case was bound over to the Washtenaw County Trial Court after it was determined by a district court judge that there was sufficient reason to believe that Ray committed a crime. Witnesses said that Ray is the individual they saw shooting at several vehicles on February 27 near Michigan Avenue south of Ann Arbor on U.S. 23. While there were no injuries reported and no vehicles were hit during the gunfire, Ray was arrested at gunpoint by Pittsfield Township police as he was walking from the area. Police Deputy Chief Gordy Schick said that witnesses also reported that Ray was dressed all in black and wearing a black trench coat.

The defendant’s competency was questioned by his court-appointed defense lawyer, however he was found competent to stand trial on June 18.

Ray’s pretrial court date has been scheduled for August 1st; he is currently incarcerated at the Washtenaw County Jail.

Michigan assault with intent to commit murder attorneys understand the consequences individuals face if convicted of this serious criminal offense. In fact, someone who is found guilty of assault with intent to commit murder may face any number of years in state prison, up to life.

July 1, 2013

18-year-old Former Standout Athlete Charged with Breaking and Entering, Safe-Breaking

by Scott Grabel

In May of this year, 18-year-old Zachary Scott Gnass pleaded guilty to two counts of breaking and entering in connection with a February incident at the Byron Center Market, located at 2592 84th St. SW, according to a news article at Mlive.com. Gnass is a former Byron Center High School student and standout athlete, having been on the wrestling team at school and playing tackle for the Bulldogs football team.

Gnass had an accomplice in the breaking and entering scheme, 19-year-old Jacob Curtis Awrey. Both defendants are alleged to have broken into the market after hours, stealing liquor and the cash box. According to police, surveillance video helped lead to the arrest of the two teens.

The charge of safe-breaking came about after Awrey told investigators that the cash box was broken open by Gnass. A law implemented in 1931 in Michigan makes safe-breaking an offense which is considered as high level as armed robbery, putting the accused at risk of facing life in prison. The Michigan statute reads, “Any person…who shall attempt to break, burn, blow up or otherwise injure or destroy any safe, vault or other depository of money, bonds or other valuables in any building or place, shall, whether he succeeds or fails in the perpetration of such larceny or felony, be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years.”

Gnass pleaded guilty to the breaking and entering charge in order to have the safe-breaking charge against him dropped in his negotiations with Kent County Prosecutors, and has no prior felony record. However, in order to have the most serious charge dropped, prosecutors required that Gnass accept increased penalties for the charges of breaking and entering. He will be sentenced to between almost two years and 10 years in prison, and is scheduled to be sentenced June 25 in Muskegon County Circuit Court.

In total, Gnass faces sentencing on four charges of breaking and entering in connection with a series of incidents involving an hydroponics store and three smoke shops. On Monday June 24, Gnass apologized to the store owners and the court before Kent County Circuit Court Judge James Robert Redford, vowing to pay restitution both to the insurance company and market owners.

Michigan criminal defense lawyers understand that while breaking and entering is a serious criminal offense, young people – particularly teens – often make mistakes without first considering the potential consequences of their actions.

July 1, 2013

Mandatory Life Without Parole Sentence for Juvenile Turned Over by Michigan Court of Appeals

by Scott Grabel

In October of 2011 Dallas A. McDade Jr. was convicted of first-degree murder after allegedly shooting and killing 38-year-old Eric Lamont Jenkins in July of 2010, when McDade was just 17 years old. He was sentenced to mandatory life without parole. On Friday June 28, the Michigan Court of Appeals ruled that McDade be re-sentenced.

Originally sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey after being found guilty of first-degree murder, felony use of a firearm, carrying a concealed weapon and attempted murder, the Court of Appeals found that McDade’s sentence was a form of cruel and unusual punishment according to an opinion issued by the Supreme Court in June of 2012.

On June 25 of 2012, the Supreme Court issued a ruling in Miller v. Alabama that made juvenile lifer sentences invalid, stating that these sentencing schemes are “a form of cruel and unusual punishment that fail to consider the potential for cognitive and character development in young people.” Donald Sappanos, McDade’s attorney, filed an appeal in his client’s case just 11 days prior to the Supreme Court issuing its ruling.

According to a news article at Mlive.com, evidence at his 2011 trial indicated that McDade shot Jenkins and another man when he became angry with a third man who disappeared with his marijuana and money in the 1100 block of Washington Avenue.

Kalamazoo County Chief Assistant Prosecutor Carrie Klein said that the question is not to whether McDade is guilty, but what his sentence will be. She stated that the Court of Appeals affirmed McDade’s conviction in very way. A new hearing had not been scheduled as of Friday.

Michigan criminal appeals lawyers understand that all people make mistakes, however in the case of juveniles sentencing can be particularly troubling. Although McDade was found guilty of first-degree murder, it is tough to put an individual who is so young and who has his entire life ahead of him behind bars for life.

June 28, 2013

Arrested for DUI? Refusing a Breath Test Can Result in Driver’s License Suspension

by Scott Grabel

Getting arrested for driving under the influence is a serious offense, however there are more implications for the driver than paying a fine and potential jail time. Did you know that refusing a chemical (breath) test can result in a one-year suspension of your driver’s license?

Under Michigan’s Implied Consent Law (MCL 257.625c), an individual who operates a vehicle in a public place and who is arrested on suspicion of drunk driving is considered to have given his or her consent (implied consent) to submitting to a breath, blood, or urine test in order to determine if and how much of a controlled substance or alcohol is in that person’s blood. If you refuse testing, your driver’s license will be suspended for one year. Further, if you fail to request a hearing with the DAAD (Driver Assessment and Appeal Division) within 14 days, you automatically lose by default.

When a person refuses a second breath test in relation to an offense that occurred within 7 years of the first, his/her license will be suspended for two years. Even if you are not found guilty of DUI or the offense you were charged with, implied consent penalties still stand.

The good news is that if your license is suspended under the Implied Consent Law, it doesn’t necessarily mean there is nothing you can do, and that you won’t be able to drive for an entire year. An experienced Michigan driver’s license restoration attorney may be able to help you obtain a restricted license, which will make it possible for you to drive to work, school, doctor’s appointments, and for other reasons deemed necessary. However, if you appeal in circuit court, there is no guarantee that your license will be reinstated. This is why it is critical that you choose a lawyer who is skilled and capable in this area and who has a winning track record for obtaining positive results.