Michigan Criminal Lawyers Blog

May 24, 2013

Van Buren County Man’s Theft Conviction Overturned by Michigan Court of Appeals

In 2012, Brian Lee Snyder was convicted for larceny in a building stemming from an October 2011 incident in which he allegedly stole a gold watch and silver pieces from an antique store in Mattawan, according to a news article at Mlive.com. In April of 2012, Snyder was sentenced to 330 days in the Van Buren County Jail according to Mike Bedford, Van Buren County Prosecutor.

Snyder was sentenced in April, and appealed his conviction in May on the grounds that the jury was allowed to hear evidence regarding a prior conviction, evidence which was inadmissible. The Michigan Court of Appeals agreed, ruling that Van Buren County Circuit Judge Paul E. Hamre allowed the jury to hear inadmissible evidence. The court of appeals’ judges ruled that the judge abused his discretion, saying “We conclude that the erroneous admission of the defendant’s prior conviction undermined the reliability of the verdict, and therefore that defendant has met his burden to show that the trial court’s error was prejudicial.”

The appeals court requested that Hamre comply with the Michigan Rules of Evidence by conducting an analysis regarding the prior conviction and its impact on the conviction, however Hamre did not meet the request.

Van Buren County Prosecutor Mike Bedford felt that the appeal had merit, and that Hamre did make an error; he did not file a brief in response to a letter from the Court of Appeals. Bedford went on to say that he was not surprised that the appeals court reversed the conviction, and that he did not disagree with the ruling.

Michigan criminal appeals attorneys know that errors are made in the legal process, just as this case indicates. When evidence is allowed which is inadmissible, it may be grounds to have a convicted overturned.

May 24, 2013

Ypsilanti Man to Be Arraigned on Federal Drug and Gun Charges

by Scott Grabel

Charles Curtis Hobbs, a 35-year-old Ypsilanti resident, was arrested on May 12 by Ypsilanti police after officers received a call involving a domestic dispute in which the suspect allegedly pointed a gun at his girlfriend.

When police arrived at the scene, Hobbs told officers that he was moving out of the residence, and denied that a firearm was involved in the dispute. Hobbs’ 31-year-old girlfriend initially called 911, then called back shortly thereafter and requested that police not respond. However, police continued on to the residence where the woman and Hobbs had reportedly lived together for 1 1/2 years. The two also have a child together according to a news article at Annarbor.com.

Upon their arrival, police found Hobbs loading property into an SUV; police detained him and questioned him about the allegation that he had pointed a gun at his girlfriend. Hobbs denied the accusation and told police that he was moving out of the residence. After smelling what they believed to be marijuana smoke coming from the vehicle, police searched it with Hobbs permission.

Police located drug paraphernalia, 85 grams of marijuana and a loaded 9mm Glock in the vehicle, along with nine rounds of ammunition. Hobbs was initially charged with felon in possession of a firearm, possession of a firearm in furtherance of a drug trafficking crime, and possession with intent to deliver marijuana. It was determined after checking his criminal history that Hobbs would be charged at the federal level. He was taken into custody on Tuesday, May 21 by agents from the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosive).

Hobbs remains in custody until his next court date, which was not revealed in the news article.

Michigan federal criminal defense attorneys know that in cases where it appears an individual is involved in drug trafficking the criminal penalties are extremely serious. Federal charges typically end in punishment more harsh for those convicted than they would experience at the state level.

May 23, 2013

Michigan Court of Appeals Ruling Regarding Medical Marijuana and Driving Reversed by State Supreme Court

by Scott Grabel

On Tuesday May 21, the state Supreme Court reversed a ruling made by the Michigan Court of Appeals that motorists who are users of medical marijuana may not legally drive with any amount of marijuana in their systems.

The case began when a medical marijuana user, Rodney Koon, was stopped in Grand Traverse County for driving 83 mph in a 55 mph zone according to a news article at Mlive.com. Koon admitted to police that he had drank a beer, and also told officers that he was a registered medical marijuana patient and had used about five to six hours prior to the stop.

Essentially, district and circuit court judges determined that jurors would not be informed that any presence of marijuana in Koon’s system would be grounds for a conviction of driving under the influence. The MMMA (medical marijuana law) and Michigan’s Vehicle Code conflict in this area; it was ruled by a circuit judge that the state’s zero-tolerance law in regards to marijuana was superseded by the MMMA. However, the Michigan Court of Appeals reversed the lower courts’ decisions.

The Appeals Court held that there are many medications which are accompanied by warnings that users should not drive while using the medications. However, the Supreme Court found that while the MMMA is an imperfect statute, it does offer protection for motorists who are found to have marijuana in their systems (and who are registered medical marijuana patients) as long as those motorists are not found to be under the influence.

It looks like in this situation the final result turned out to be advantageous for Rodney Koon. As experienced Michigan criminal appeals attorneys, we know that appealing a sentence or conviction is a complex process; it takes special skill to win an appeal, and no lawyer can guarantee this result – particularly those who are not experienced in and familiar with the appeals process.

May 22, 2013

Ypsilanti Township Man Convicted of Robbing 2012 Graduation Party Sentenced to Up to 10 Years in Prison

by Scott Grabel

Javon Hurston, a 35-year-old Ypsilanti Township man, was sentenced to up to 10 years in Prison on Monday May 20 for his role in the robbery of a graduation party last year. In April, Hurston pleaded no contest to numerous criminal charges; thirteen of those charges will be dismissed including one count of first-degree home invasion, five counts of assault with intent to rob while armed, and seven counts of armed robbery.

According to a news article at Annarbor.com, Hurston was sentenced by Judge Darlene O’Brien to 35 months to five years for carrying a concealed weapon, two years for felony firearm, two years for possession with intent to deliver marijuana, and up to five years for one count of felon in possession of a weapon.

The graduation party was being held in an apartment on June 4, 2012. Hurston testified that at approximately 2:30 a.m., he and an unidentified man were outside in the area of the apartment when two women approached the two men and wanted to buy marijuana. Hurston and the other man were armed and attempted to rob the women, who didn’t have anything to offer the two men according to Sgt. Geoff Fox of the Washtenaw County Sheriff’s Office.

After forcing the women to take them to the apartment where the graduation party was being held, Hurst and the other suspect allegedly stole cell phones, money, jewelry, and drugs from those attending the party while brandishing weapons.

Erika Julien, Hurston’s court-appointed lawyer, called the case a “hot mess,” saying that the graduation party was packed with drunk kids, and that race may have played a role. Julien indicated that some of the individuals who were at the party exaggerated what happened, making the situation sound worse than it actually was. She also contends that the two women outside of the apartment invited Hurston and the unidentified man up to the party, and that others who were in attendance seemed to object. Hurston is biracial; the man who was with him was black according to the news report.

While the details of the incident remain unclear, it looks as though Hurston will be spending a substantial period of time behind bars.

May 21, 2013

Two-county Chase in Mecosta, Osceola Counties Ends in Arrest of Parolee

by Scott Grabel

A wild ride through Mecosta and Osceola counties on Sunday, May 19 eventually ended with a suspected drunk driver being arrested. The driver of the vehicle, a 46-year-old Kalkaska County man, was arrested for numerous offenses including driving with a suspended license, drunken driving, violating parole, fleeing and eluding police, and transporting open intoxicants. According to police, the man has several previous alcohol-related driving offenses.

It all began when dispatchers received numerous calls from motorists regarding a driver who was driving recklessly in the area of 11 Mile Road on U.S. 131 in the southbound lanes. After catching up to the suspect’s vehicle, police had to give chase as the driver would not stop. The chase continued southbound, and according to a news article at Mlive.com the driver had several close calls with other vehicles. The suspect eventually stopped the car in Mecosta County’s Green Township near 22 Mile Road.

State troopers were assisted in pursuing the suspect by Mecosta and Osceola County sheriff’s deputies, as well as Ferris State University and Big Rapids police.

Michigan driver’s license restoration lawyers advise strongly against driving on a suspended license; however, while it likely isn’t true in this case, there are situations in which individuals who have had their driver’s licenses suspended must drive out of necessity.

May 20, 2013

Two Men Sentenced to Prison in West Michigan Tax Scheme

by Scott Grabel

Last week two men were sentenced to federal prison in connection with a tax scheme after they were found to be filing false tax returns on behalf of clients, then sharing the proceeds. Chad Anthony Chertos, a 37-year-old Ada resident, and Gregory Edward VanDyke, a 39-year-old Newaygo man, were both sentenced to federal prison. Chertos was sentenced to 2 1/2 years for his role in the scheme; VanDyke was sentenced to five years, three months.

Both men were ordered by U.S. District Judge Robert Jonker to pay restitution to the U.S. Treasury in an amount exceeding $240,000. In December of last year, Chertos pleaded guilty to conspiracy to defraud the U.S. by filing false claims on clients’ tax returns. VanDyke pleaded not guilty to the charges in November of 2012.

Federal authorities determined that the two men, who were business partners, went door-to-door claiming that even if the individuals they were soliciting made little or no income, they (Chertos and VanDyke) could obtain significant tax refunds for them. In exchange for this service, Chertos and VanDyke would deduct substantial fees from the refund checks clients received. The two men will be barred in the future from assisting clients in filing federal tax returns, according to U.S. Attorney Patrick Miles in a news article at Mlive.com.

Assistant U.S. Attorney Christopher O’Connor stated that Chertos and VanDyke attempted to conduct a legitimate business, but could not earn enough income to pay bills.

U.S. Attorney Miles also commented that the two took advantage of both hard working taxpayers in the U.S. and their clients by inflating or fabricating income and abusing tax credits designed for the working poor.

Michigan federal crime attorneys understand the seriousness of being convicted of a federal crime such as tax fraud, Medicare or social security fraud, or any theft-related offense. In most cases individuals who are charged at the federal level will face harsher penalties than at the state level.

May 17, 2013

44-year-old Saginaw Man Charged in March Crash Causing Deaths of Bridgeport Sisters

by Scott Grabel

44-year-old Kevin D. Haynes of Saginaw remains jailed on charges of operating a motor vehicle on a suspended or revoked license causing death, or operating a vehicle under the influence of drugs causing death. Saginaw was involved in a crash in March of this year that resulted in the death of two women in Bridgeport who were sisters.

According to a news article at Mlive.com, Haynes drove his Chevrolet pickup at a high rate of speed into oncoming eastbound traffic, resulting in a head-on collision with a vehicle containing three women, who were all sisters. Two of the women in the Chevrolet Impala, 63-year-old Carol Lyle and 67-year-old Judith Kelly, died at the scene of the crash according to Saginaw Township Police Chief Donald Pussehl. A third sister, 63-year-old Patricia Aldrich, survived the crash.

Both operating a motor vehicle on a suspended or revoked license causing death and operating a vehicle under the influence of drugs causing death carry the same maximum penalty of 15 years in prison. While it wasn’t mentioned in the news article which offense Haynes would ultimately be charged with, it was mentioned that investigators were waiting on an analysis performed on Haynes’ blood sample by the Michigan State Police. Haynes was arraigned on Monday afternoon and held on a $300,000 bond.

A third vehicle driven by Alice LaPan was also involved in the crash, although she survived. Haynes was charged with two counts of operating a motor vehicle on a suspended or revoked license causing serious injury or operating under the influence causing serious injury in regards to LaPan and Aldrich. Whichever charge is ultimately decided on, the maximum penalty for either is five years in prison.

While this is a horrible tragedy, Michigan driver’s license restoration attorneys know that driving on a suspended or revoked license can have serious implications, particularly in a case such as the one described above. Individuals drive on suspended drivers’ licenses every day out of necessity, although it is illegal.

May 17, 2013

Ex-Detroit Mayor Pleads with Federal Appeals Court for His Freedom

by Scott Grabel

On Thursday May 16, ex-Detroit mayor Kwame Kilpatrick’s attorney, James Thomas, asked a federal appeals court to release his client pending his sentence for corruption. Kilpatrick, who was found guilty of racketeering and other criminal charges in early March of this year, allegedly fears for his safety because of a bum knee he allegedly suffered in a slipping accident on steps immediately after his conviction in March.

Kilpatrick and his attorney argue that he is susceptible to a prison attack, and asked that he be released so that he can have surgery on the knee, attributing the injury to a torn tendon. Thomas filed an appeal with the 6th U.S. Circuit Court of Appeals, writing that his client should be released to his wife and three children, and that Kilpatrick is vulnerable to attacks due to his inability to move, and the fact that he is housed with others who have been charged with both violent and non-violent crimes.

Although rejected by U.S. District Judge Nancy Edmund, Thomas claims that Kilpatrick is not a flight risk because of his health, his financial state, and for other reasons. He also wrote in his appeal that Kilpatrick is not a danger to the community.

Thomas also wrote that his client is wearing a leg brace while waiting to have surgery. He stated that there were sufficient grounds for appeal, and that his client’s criminal history, notoriety, lack of finances and other factors make him no risk of flight.

When sentenced, Kilpatrick could face more than 20 years in federal prison according to a news article at Detroit News. He has been incarcerated since his conviction, and a date for sentencing has not yet been set.

Michigan appellate lawyers know that winning an appeal is not easy, and that it takes an attorney with considerable skill and expertise to prevail in these situations.

May 16, 2013

Delton Man Charged with Open Murder in September 2011 Death of Roommate

by Scott Grabel

Harold Ordway of Delton was recently charged with open murder in the September 2011 shooting death of Paul Frederic Atchley, one of Delton’s past roommates. Ordway had long been suspected in the deaths of Atchley and 33-year-old Michael VanBuskirk, although prosecutors lacked sufficient evidence to charge Ordway in the deaths.

According to a news article at Mlive.com, new developments which the Prosecutor’s Office could not discuss led to the charge of open murder being filed against Ordway, who has been held on federal weapons charges after pleading guilty to the weapons offense in November of last year.

It all began when Ordway was involved in a crash in Plainwell on M-89 in which Allegan County sheriff’s deputies located items in the back of Ordway’s pickup truck including a gun, ammunition, and a mattress that allegedly had Atchley’s blood on it.

Initially, Atchley was missing, and VanBuskirk had been found dead in Kalamazoo County. Ordway was suspected in both the disappearance and death, and was said to have stopped taking bi-polar medication. Witnesses told police that Atchley was killed because Ordway had told him about the earlier killing of VanBuskirk. Ordway’s attorney claimed that VanBuskirk suffered from alcoholism and was known to suffer from depression, and that evidence suggested suicide was the cause of death.

Ordway was reportedly preparing to move into his parents’ Delton home, and had been renovating a Battle Creek house. Atchley moved into the home while Ordway was still living there, and VanBuskirk, who was said to be homeless, was helping with the renovation.

Ordway was arraigned in Atchley’s shooting death on Tuesday, May 14. He is scheduled for sentencing in the federal weapons violations charge on June 24. Prosecutors are asking that Ordway receive the maximum sentence of 10 years because of his involvement in the deaths. Federal sentencing guidelines call for a minimum of 27 months in prison.

While Ordway has only just been charged with open murder, Michigan homicide defense lawyers know that if convicted, he will likely spend a great number of years or perhaps even life behind bars.

May 15, 2013

Pittsfield Township Man Set to Face Trial for Stabbing Death of Wife

by Scott Grabel

Earlier this year we reported about a Pittsfield Township man who was accused of stabbing his wife to death in the couple’s home. Now, 44-year-old Jean-Pierre Trias is scheduled to face trial on a single charge of open murder in July, according to court records. Trias allegedly stabbed 53-year-old Katherine Porter in January; she was found in a bathroom at the couple’s Hickory Pointe Boulevard home with bruises and multiple stab wounds according to a news article at AnnArbor.com.

The couple had been married since 1995, and had reconciled after Trias filed for divorce in November of 2010. According to news articles there had been no known incidents in the couple’s relationship which indicated domestic violence. Trias worked in the mathematics department at EMU from September of 2003 until December 2012, and as a graduate assistant as well.

It was revealed at his preliminary exam that Trias phoned his brother early in the day following the alleged stabbing, claiming that he blacked out the previous evening. Trias told his brother that upon awakening, he had facial injuries and wasn’t sure if he hurt anyone. Porter’s body was found by Pittsfield Township police officers who had gone to the residence to check on Trias.

Trias attended a pretrial hearing last week which is when the dates were set for his final pretrial hearing and trial, scheduled for June 18 and July 15 respectively. The defendant currently remains held without bond in the Washtenaw County Jail. He could face a maximum of life in prison if convicted of his wife’s murder.

Michigan murder attorneys know that individuals who are accused of homicide, manslaughter, or first- or second-degree murder must have aggressive, capable legal representation in order to obtain a positive outcome. The criminal penalties for these types of violent crimes in the state of Michigan are harsh, and could leave you facing life behind bars.