Michigan Criminal Lawyers Blog

June 18, 2013

Grand Rapids Man to be Charged with Open Murder in Case of Missing Mother of 5

While her body has not been recovered, Judge Kimberly Schaefer has determined that Jahleel Hoskins will stand trial on charges of open murder in the case of Latrice Maze, a mother of 5 who has been missing since March 19. Hoskins was allegedly involved in a domestic dispute with Maze on the last day she was known to be alive.

Hoskins uncle, Greg Shanklin, was expected to testify via Internet video from his home due to the fact that he recently suffered double pneumonia and is a paraplegic; however, Hoskins’ attorney Brett Stevenson wanted the defendant’s uncle at the probable cause hearing in person. Assistant Kent County Prosecutor Kelley Koncki dropped her request for an Internet connection and sent an ambulance to get Shanklin for the court proceeding.

Stevenson said in court that it was not the defense’s intention to put Mr. Shanklin through more, but that Hoskins has a right to confront his accuser in open court. Hoskins worked for New York Chicken, but according to news reports at Mlive.com was also a paid care provider for his uncle, who claimed that Hoskins did not show up on the day that he and Maze were involved in the domestic dispute. Shanklin’s son and several of Hoskins’ friends testified in May that the defendant confessed to choking the mother of 5 and putting her body in a trash dumpster.

One friend, Destin Peak, testified that Hoskins called him on March 19 saying that he “did” her and needed a favor. Peak and Hoskins met at a convenience store located at 3195 Eastern Avenue SE, where Peak said that the defendant showed no emotion and spoke in a matter-of-fact manner.

While the victim’s body has not been located, it is believed by authorities that her body was incinerated.

Michigan murder defense lawyers know that the penalties for first-degree or open murder are extremely serious; in fact, a conviction could mean life in prison. While there seems to be no hard evidence in this case considering the lack of a body, Hoskins will face severe consequences if convicted.

June 17, 2013

Detroit Man Faces Charges of Home Invasion, Assault Involving Ex-Girlfriend

by Scott Grabel

A 24-year-old Detroit man whose name has not been released pending his arraignment is facing charges of first-degree home invasion and other offenses related to an incident involving his ex-girlfriend on Wednesday, June 12. According to a news article at AnnArbor.com, the man allegedly forced his way into his ex-girlfriends home, then choked her when an argument began.

The suspect and the alleged victim had recently broken up following a long-term relationship, according to Detective Sgt. Thomas Eberts who said police responded to the woman’s residence, located in the 1100 block of Monroe Street after receiving a report of domestic violence. Apparently the suspect had asked his ex-girlfriend to talk about things, but she would not agree to see him.

The suspect went to her home anyway; when the 25-year-old woman answered the door, the suspect forced his way inside the home according to Eberts, who said that according to the woman the fight began after the man ran inside the home. He allegedly got on top of the woman and began choking her after slapping her numerous times. Eberts also said that the woman’s shirt was torn in the altercation.

When police responded to the call, the suspect had fled. He was arrested the following day when he returned to his ex-girlfriend’s residence and another person who was present reported to police. The suspect was being held at the Washtenaw County Jail and is charged with first-degree home invasion, aggravated domestic violence, and assault by strangulation.

Police said no weapons were used in the assault, and that the alleged victim did not require medical treatment.

Michigan home invasion lawyers know that breaking and entering is a serious offense, even when the alleged victim is someone you know. When an individual breaks into a home with intent to steal or assault an individual who is lawfully inside the dwelling, he or she may be convicted of first-degree home invasion. The penalties for this felony offense include fines of up to $5,000 and up to 20 years in prison.

June 7, 2013

New Baltimore Police Officer Dies in Crash Involving Motorist with Suspended License

by Scott Grabel

On Sunday June 2, 33-year-old Patrick William Wisniewski of New Baltimore died in a motorcycle accident involving another motorist who was driving on a suspended license. The accident took place at approximately 9:30 p.m. near Jefferson Avenue and 21 Mile Road, according to an article at Lawofficer.com.

Wisniewski was reportedly driving his motorcycle in a northbound direction on Jefferson Avenue when a 64-year-old man driving a Chevrolet Impala turned left in front of Wisniewski on 21 Mile Road, resulting in a collision. Both the officer and the other man, a Chesterfield resident, were taken to McLaren Macomb Hospital, where Wisniewski was pronounced dead at the scene. The 64-year-old was treated for injuries which were reported to be non life-threatening.

It was determined that the Chesterfield man was driving on a suspended license. Police also said that the victim was wearing a helmet at the time of the crash. Wisniewski was a married father of five children.

While the news article did not mention whether the Chesterfield man simply did not see the motorcycle or was driving in an impaired state, he was driving on a suspended license for an unknown reason. Michigan driver’s license restoration attorneys understand that there are situations in which an individual has no other choice but to drive when his or her license has been suspended, however it is never a good idea.

June 7, 2013

Spousal Rape Conviction Upheld by Michigan Court of Appeals

by Scott Grabel

In a case that is somewhat bizarre, a man believed he was legally married to his wife, and that therefore he had the right to have sexual relations with her regardless of whether it was consensual. Calvin Ford Martz was convicted on charges of first-degree criminal sexual conduct, unlawful imprisonment, and other offenses. The complainant, Stephanie, was 32 years younger than Martz, and was allegedly 14 years old when the relationship began with then 46-year-old Martz.

In the state of Michigan, common law marriage contracts have not been recognized since 1957. Therefore, Martz and his alleged victim were not involved in a “common law” marriage as he believed. Martz was sentenced as a second habitual offender, given 15 to 40 years in prison for first-degree criminal sexual conduct, 10 to 15 years for resisting and obstructing a police officer causing serious impairment, 15 to 22 1/2 years for unlawful imprisonment, and 16 months to 2 years for resisting and obstructing a police officer, all to be served concurrently.

At trial, Martz had a document which he claimed to be a marriage contract between himself and the defendant, who claimed that the signature on the document which was supposedly hers was forged. Eventually, Stephanie moved into an apartment and left Martz’s residence, although as strange as it seems the defendant’s mother continued to live at the residence.

Ultimately, Martz appealed his conviction on the grounds that he was married to Stephanie and therefore the “victim” was his wife, and he could not be convicted of first-degree criminal sexual conduct. Martz also alleged that Stephanie took medication which caused her to hallucinate and fabricate stories.

In the end the Michigan appeals court did not agree, and upheld Martz’s convictions on all charges. The COA found that even if there had been a legitimate marriage, it does not give a spouse the right to have nonconsensual sex with a partner. The appeals court also noted that documents presented indicated that the relationship was controlled and coercive, and that Martz’s notion that a spouse cannot be raped was “barbaric.”

Certainly this story is a bit outside the norm, however there are many instances in which defendants are wrongly convicted, or sentenced outside of the normal sentencing guidelines.

June 5, 2013

Former Assistant Wayne County Executive Investigated by FBI Pleads Guilty to Wire Fraud

by Scott Grabel

On Tuesday June 4 Michael Grundy pleaded guilty to wire fraud involving the transfer of $400,000 to Medtrix, Grundy’s company, from Wayne County’s health insurance agency. Grundy is a former Assistant Wayne County Executive; he was fired by Robert Ficano in late 2011 when news of the FBI investigation involving Grundy came to light.

According to a news article at Mlive.com, Grundy allegedly arranged the transfer of the money to his company to be used for implementing an electronic medical records system. However, it was revealed that another company was already providing this service. Grundy was initially charged with obstruction of justice, extortion, and accepting kickbacks involving another $1.7 million that was allegedly transferred to companies he owned.

In March of 2012 a press release revealed that Grundy and Keith Griffin, a longtime friend, had worked together to bilk Wayne County HealthChoice in order to enrich their own lives. Griffin allegedly invoiced HealthChoice for advertisement and other services rendered by Advertise Me for more than $1 million. The press release indicates that Grundy received a kickback from payments made on the inflated invoices to Advertise Me from HealthChoice.

Ultimately, Grundy is alleged to have abused his powers as Assistant Wayne County Executive to discreetly engage in illegal activities and obtain kickbacks, according to a statement made by Erick Martinez, IRS Criminal Investigation Special Agent in Charge. Martinez said that IRS Criminal Investigation is committed to ensuring that public officials who line their pockets with money gained through their positions are deprived of the financial gains illegally obtained, and brought to justice.

In 2012, Grundy’s vehicles, Detroit home, and approximately $7,700 were seized by the government.

Michigan fraud lawyers know that individuals who are convicted of theft-related crimes on a federal level face extremely serious consequences. Wire fraud is a federal crime; individuals may face prison time of up to 20 years and fines of up to $1 million depending on the circumstances.

June 4, 2013

Convictions in $7 Million Ponzi Scheme Reversed by Federal Appeals Court

by Scott Grabel

The convictions of Bryce Sherwood and Michael Heshelman, two men convicted in a $7 million Ponzi scheme in 2009, have been reversed by a federal appeals court after it was determined that the defendants’ “speedy trial” rights were violated when prosecutors took too long to bring the cases to trial.

The two men, along with a third, Dennis Mickelson, were indicted in February of 2006 for allegations of wire fraud, conspiracy, and money laundering according to a news article at Mlive.com. Following the indictments, it was nearly three years before the cases went to trial. It was requested by the government that the indictments be sealed as the investigation into the scheme continued and the three men could be arrested.

While federal prosecutors were aware of where Mickelson and Sherwood lived, Heshelman apparently resided in Switzerland according to information on his passport application, a fact that federal prosecutors soon discovered according to the appeals court. Ultimately, prosecutors wanted to extradite Heshelman from Switzerland back to the U.S., but were concerned that the Swiss would refuse their request based on the fact that the suspect was wanted on money laundering charges.

The FBI was notified by the Swiss government that they had possible address for Heshelman in 2007, however they would not proceed to extradite him without a provisional arrest warrant. Heshelman was arrested a few months later by the Swiss government for fraud, which the U.S. was notified of. It was February of 2009 before Heshelman was finally extradited from Switzerland after the U.S. government provided an arrest warrant.

While Sherwood claimed that his case was delayed for too long due to authorities not wanting to proceed prior to the arrest of Heshelman, Heshelman argued that his arrest and subsequent trial was intentionally delayed by the U.S. government. In the end, the federal appeals court agreed, finding that the government failed to be reasonably diligent in locating Heshelman, and that there was no evidence indicating that the arrest of Heshelman was made difficult by the Swiss government.

Michigan trial and appellate attorneys know that it is often the case that errors are made in the legal justice system, whether at the state or federal level.

June 4, 2013

Sebewaing Man Arrested for Shotgun Robbery of Pittsfield Township BP Station

by Scott Grabel

On Monday June 3, Pittsfield Township police arrested a Sebewaing man who is 25 years old and believed to be involved in a robbery that occurred at the BP station located at 4975 Washtenaw Avenue.

Police suspect that the man may also be involved in another BP station robbery that took place on the previous Saturday afternoon; this station is located at 3720 Washtenaw Avenue. In both cases, the suspect brandished what was described as a “long” gun or shotgun.

In the Saturday incident, Lt. Renee Bush of the Ann Arbor police said that the suspect demanded money from the clerk after entering the station and brandishing a long gun. He then allegedly fled on foot, getting into a white colored older model car behind the business, according to witnesses who were pumping gas.

On Monday, the 25-year-old suspect entered the BP station holding a shotgun and wearing a mask. While it was not revealed in a news article at Annarbor.com whether the suspect got away with money, he fled in a vehicle just as officers were arriving on scene. After investigators were notified that the man pulled into a location off of Golfside Road, a search was underway which included the K-9 unit shared by the Pittsfield Township and Ypsilanti police departments. The suspect was taken into custody after being located by an officer.

While it isn’t known for certain if the suspect committed both BP robberies, news reports indicate that in both cases the suspect was wearing a ski mask and brandishing a gun. The suspect in the Saturday robbery is described as a white male who is described to have a skinny build and height of between 5’8″ and 6′ tall.

Armed robbery is an extremely serious offense in Michigan. As all Michigan armed robbery lawyers know, an individual who is convicted of stealing money from an establishment while in possession of a weapon, or who even insinuates the presence of a weapon may face life in prison.

May 31, 2013

23-year-old Detroit Man to Appear in Court on Armed Robbery, Other Charges

by Scott Grabel

Jamill Devon Passmore, a 23-year-old Detroit man who allegedly assisted in setting up a group of EMU students who were robbed of personal items outside of the Westview Apartments in January of this year, is scheduled to appear in court on Thursday, May 30 for a pretrial hearing before Judge David Swartz.

According to EMU police, a student and four guests who had been watching a basketball game at the student’s apartment were robbed of cell phones, Rolex watches and other items as they left the apartment at approximately 1:30 a.m. Two men approached the group and implied that they had a weapon before robbing the group of men. Police believed that one of the visitors who had been in the student’s apartment was involved in the robbery because of “statements that some of the guests made.”

The student who lived in the apartment, Charles Bell, watched the game with Passmore, William Gholston, Michael Jefferson, and Reggie James, all of whom were believed to be EMU students other than James. Passmore repeatedly left the apartment to walk and talk on his cell phone according to a news article at Annarbor.com. Police believe he was talking with two men that he had driven from Detroit to Ypsilanti with.

When the five men (including Passmore) left the apartment, they were reportedly going to meet some girls at a party. According to Gholston, the men had been out of the apartment only seconds when they were threatened by two men who approached them from behind and said they had a weapon. Three of the group got down on the ground, however Passmore and Jefferson ran according to testimony. Jefferson said that as he and Passmore ran from the suspected robbers, Passmore attempted to rob him. Jefferson testified that Passmore grabbed the back of his head and slammed him to the ground. After failing an attempt to take Jefferson’s Rolex, he fled the scene.

Police determined that Passmore had been involved in a setup with two other men to rob the victims. He was charged with assault with intent to rob while unarmed, four counts of conspiracy to commit armed robbery, and four counts of armed robbery. He is currently being held in the Washtenaw County Jail on a $75,000 cash bond.

Michigan armed robbery attorneys know that individuals convicted of armed robbery face a minimum of two years in prison, and may be sentenced to life behind bars.

May 31, 2013

Consider This Before Driving on a Suspended License

by Scott Grabel

Regardless of whether you live in Michigan or another state, it can be tempting to drive when your license has been suspended – in fact, there are times when it may actually be necessary. However, before you make the decision to get behind the wheel even though your driver’s license has been suspended, consider the following.

Most people who toss the idea of driving even though their license has been suspended back and forth think about how careful they will be not to get in an accident, or how they will be super-cautious, obeying all of the traffic laws. No running a stop sign or light, driving the speed limit, being sure to use turn signals and change lanes properly, etc. This is great, but what about when it isn’t all in your control?

It’s important that you consider all of the possible scenarios before you get behind the wheel without a valid driver’s license. Case in point: Last year a Caro, Michigan woman rear ended a car that was stopped at a red light, causing the vehicle she struck to hit a third vehicle. The woman at fault was talking on a cell phone when this accident happened, an example of what distracted driving can lead to. However, it was determined that the vehicle she struck was driven by a Saginaw man who had no proof of insurance, and was driving on a suspended license. He was ticketed – true story.

As you can see, the man who was driving on a suspended license had no control in this situation. What happens when you are caught driving on a suspended license? It all depends on the circumstances. Some individuals may face time behind bars or paying fines or driver’s responsibility fees. However many individuals find that their driver’s license will be suspended for twice as long as it was initially when they have been caught driving on an invalid licenses.

The lesson here is never to drive on a suspended license when you can avoid doing so.

May 30, 2013

Suspect in Stabbing of 64-year-old BP Customer Caught on Surveillance Footage

by Scott Grabel

Maurice Abraham, a 27-year-old Detroit resident, may face trial after he was caught on surveillance footage at a BP gas station in the 20200 block of the southbound Lodge Freeway stabbing a 64-year-old man repeatedly after entering the store. Abraham’s case has been bound over to the Wayne County Circuit Court. He was charged by the Wayne County Prosecutor’s Office with assault with intent to murder, armed robbery, and assault with intent to do great bodily harm.

Abraham had also been charged with resisting and obstructing arrest, however those two counts were dismissed due to lack of evidence. The incident took place on May 11 at about 5 a.m. as Abraham allegedly approached the 64-year-old man as he was leaving the BP station, demanding his money.

The older man was chased by Abraham after fleeing back inside the station, then repeatedly stabbed as other patrons and employees witnessed the incident. He survived his injuries, although the suspect got away with an undisclosed amount of money.

Abraham reportedly lives in the area according to a news article at Mlive.com. Detroit Police Lt. David LeValley said that the video tape was broadcast on several newscasts, and that because of the broadcasts a tip was received providing the name of the suspect. Abraham remained in jail on Wednesday May 29 pending payment of a $100,000 bond.

Michigan criminal defense lawyers know that both armed robbery and assault with intent to murder are extremely serious charges, leaving individuals who are convicted facing harsh punishment. Armed robbery may be punishable by up to 15 years in prison depending on the circumstances; assault with intent to murder may leave the accused facing any number of years up to life in prison.