Michigan Criminal Lawyers Blog

May 17, 2013

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

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.

May 14, 2013

Michigan Court of Appeals Orders Re-sentencing in Armed Robbery Case in 2012; Supreme Court Now Hears Arguments

by Scott Grabel

In March of 2012, the Michigan Court of Appeals ordered that then 20-year-old Devon Glenn Jr. be re-sentenced for his role in a 2009 armed robbery in Jackson. Glenn had been serving 18 to 30 years in prison, however the appeals court ordered a Jackson County Circuit judge to re-sentence Glenn due to their findings that the defendant’s actions were not torturous or “designed to substantially increase the anxiety and fear of his victims.”

Glenn robbed a Buddy’s Mini Mart in Jackson in August of 2009, using what was actually an Airsoft or BB gun, although victims believed he was carrying a sawed-off shotgun.

The appeals court determined that had Glenn not been given points for what was determined to be “aggravated physical abuse,” minimum sentencing according to recommended state guidelines would have been no greater than 11 years and four months.

In 2010, Jackson County Circuit Judge John McBain found that the defendant’s behavior in the course of committing the robbery had “substantially increased the anxiety and fear” of the victims; however, the Michigan Court of Appeals did not agree, and ordered Glenn to be re-sentenced.

Now, Jackson County Chief Appellate Attorney Jerrold Schrotenboer has appealed the COAs decision to the Supreme Court. On May 8, the court heard arguments from Schrotenboer and Glenn’s attorney. If it is determined that Glenn’s behavior did not significantly increase the anxiety and fear in his victims, his prison sentence may be reduced. The Supreme Court will issue an opinion prior to August 1 of this year, according to a news article at Mlive.com.

Michigan criminal sentence appeals attorneys know that frequently, individuals are penalized excessively in terms of sentencing.

May 13, 2013

Ypsilanti Man Pleads Guilty to Driving Drunk and Striking Police Officer in Parking Lot

by Scott Grabel

On February 14 of this year, Robert Lamont Addie was charged with numerous counts after allegedly striking a Pittsfield Township police officer in a Burger King parking lot. Addie was charged with two counts of resisting a police officer, assault with a dangerous weapon, third offense operating while intoxicated, and fourth-degree fleeing police. He pleaded guilty to these charges on Thursday May 9.

Because he pleaded guilty, Addie’s status as a habitual offender and one count of assault with intent to commit bodily harm less than murder were dismissed. According to a news article at AnnArbor.com, Addie had been convicted on charges of drunk driving on four different occasions including in 1994, 1999, 2001, and 2006. He is 39 years old.

Addie was driving his vehicle through a drive-thru window at a Burger King parking lot in February when an officer requested that he pull his car into a specific spot. At this time, Addie says that when he went to pull his car over, it sideswiped the police officer. The officer suffered minor injuries after being knocked to the ground.

The altercation began when employees at the Burger King restaurant located at 6190 W. Michigan Avenue called police because of alleged disturbance with employees in the drive-thru window by two men inside a Ford Taurus. Addie was the driver of the vehicle, and according to news reports accelerated at a high rate of speed when asked by officers to park the vehicle. This is when he reportedly sideswiped the police officer. News reports state that officers had told Addie repeatedly to park the vehicle.

After accelerating through the parking lot, Addie reportedly left the scene and was pursued by police for a short time. The chase ended at Saulk Trail Drive; Addie was eventually taken into custody by police after resisting arrest. He was freed on bond, and is scheduled for sentencing on June 13.

Michigan drivers license restoration lawyers know that when an individual has been convicted of operating while intoxicated repeatedly, that individual faces suspension or revocation of his or her license. Penalties for a third offense OWI or DUI include possible probation, up to five years in prison, and driver’s license revocation for 5 or more years among other things.

May 13, 2013

Grand Haven Man Faces Time in Federal Prison, Restitution for Cheating on Taxes

by Scott Grabel

Matthew Daniels, a 46-year-old Grand Haven man who pleaded guilty to filing a false tax return, was sentenced on Wednesday, May 8 to six months in federal prison. Daniels was also ordered to pay more than $119,000 in restitution to the IRS after he allegedly under-reported his income by $362,000 according to a news article at Mlive.com.

Daniels’ attorney, Matthew Vicari, said that his client “is sorry and ashamed for what he has done.” Daniels is a married father of three children; his attorney said in court that his client had taken responsibility for his actions.

The news article highlights the fact that Daniels is a respected member of society who received numerous letters of support from his friends, family and colleagues during the criminal justice process. He is said to be a role model to his three children, and very much involved in their lives.

Daniels wrote a letter apologizing for what he had done to U.S. District Judge Robert Holmes Bell. His attorney said that Daniels was simply motivated by greed, and that he under-reported his income never thinking he would be caught. Daniels also wrote to Judge Bell that he was living beyond his means, and that he was ashamed of the pain he caused his family, his dishonesty, and of what he did. He also revealed in the letter that he is losing this insurance business he had built.

Michigan federal crime attorneys understand the serious consequences individuals convicted for federal tax fraud face. Any fraud-related crimes prosecuted at the federal level subject the defendant to more serious penalties than they would usually face at the state level. Some of these crimes include welfare and Medicare fraud, bank and social security fraud, and more. Perhaps the worst thing of all in the case of Mr. Daniels is that he has lost a business that was seemingly successful.

May 10, 2013

Appealing a Criminal Sentence in Michigan

by Scott Grabel

In most cases, a criminal sentence is a serious matter that can negatively impact your life in varying degrees depending on the crime committed. When an individual is sentenced to years in prison, it isn’t unusual to appeal; however, it is a very complex process that requires among other things having proof and a solid reason that you feel you were unjustly sentenced.

When an individual and his/her Michigan criminal appeals attorney files an appeal of the sentence, there is no “new trial” in that the facts or evidence are not usually reconsidered. In other words, it is not a question of whether the defendant committed the crime, but whether the sentencing judge may have made an error in his or her decision to sentence you in a way that is unfair or substantially out of line with Michigan’s sentencing guidelines.

When you have made the decision to file an appeal of your sentence, there are strict rules that should be adhered to. There are forms that must be filed with the clerk of the court; filing your notice of appeal must be done within a certain window of time as well. Defendant’s who do not file an appeal within the specific time allotted will usually not have their case reviewed by a new judge or court. Once this is taken care of, an appellate brief must be written and filed. This brief is essentially an explanation to the court regarding the reasons you believe a mistake was made by the judge who sentenced you. Depending on whether it is a state or federal case, the government or prosecutor will also file their own brief in order to state their beliefs and feelings as to why the sentence you were initially given should not be changed.

May 10, 2013

Beverly Hills Man Sentenced to 137 Years for Arson, Insurance Fraud in Detroit Area

by Scott Grabel

Ali Darwich, a 31-year-old man who lives in Beverly Hills, was sentenced on Wednesday May 8 to 137 years in prison following his December conviction for his role in an arson ring that resulted in insurance companies being defrauded of more than $5 million. Darwich was initially arrested in 2008 as he was seen fleeing from a burning building in Detroit.

According to a news article at Mlive.com, Darwich was sentenced in federal court and was among a total of nine individuals who allegedly participated in the insurance fraud ring. All of the eight other suspects have been sentenced after pleading guilty.

Federal officials said that in total, seven insurance companies were defrauded. The individuals involved in the arson ring allegedly purchased insurance on a number of vehicles, homes, and businesses. They would then cause floods, set the properties on fire, or otherwise vandalize them so that they could collect insurance money for replacement, repairs, and other costs including lost profits.

Darwich allegedly set a fire at Warrendale Hardware in Detroit that resulted in damages of more than $500,000. In 2008, he was observed going into a building on Cheyenne Street in Detroit, then fleeing with what appeared to be a bottle of liquid as the building burned. News reports also state that Darwich attempted to conceal the arson/insurance fraud operation by shifting ownership of the properties around to friends and family members.

Several agencies participated in the investigation of the arson ring including Dearborn police, Detroit fire departments, the IRS and the FBI.

Michigan arson attorneys know that in a situation such as this one, the consequences are extremely serious. Not only may those involved be charged with arson, but with insurance fraud as well. As is evident in this case, individuals who are convicted may spend the rest of their lives behind bars.

May 9, 2013

Resentencing of Man Convicted of Murder Put on Hold by Michigan Court of Appeals

by Scott Grabel

Leo Terlisner, a man who is now 65 years old, was convicted in 1977 for a murder and robbery that occurred in 1971. Another man, James Wayne Wilson, was also convicted; both are currently serving sentences of life in prison without parole in the murder of Joe Swetay. In March of this year, Terlisner’s conviction was overturned by the Michigan Court of Appeals. On Tuesday, his resentencing was put on hold according to a news article at Mlive.com.

Terlisner’s attorney and Circuit Judge Paul E. Hamre determined that Terlisner’s conviction is unjust according to a 1980 ruling by the Michigan Supreme Court due to the fact that the common law felony murder doctrine is now defunct. Attorney Kathleen Sutton said in her motion that the law is now contradictory because the doctrine was abolished. The judge agreed, and issued a decision on March 21 saying that, “The court finds that the common law felony murder rule that the intent to commit the underlying felony satisfied the mental element for first-degree murder, which was abolished by the Michigan Supreme Court . . . resulted in the unjust conviction of Defendant Terlisner.”

Joe Swetay was killed in his home on May 1, 1971. Swetay owned a grocery store, bar, and gas station in Covert, and frequently took the proceeds from the business to his home where he locked it in a safe. Swetay was found stabbed and beaten following the robbery which took place in his home, although the safe was unopened but damaged.

An emergency appeal of Judge Hamre’s decision was filed by Van Buren County Prosecutor Michael Bedford and the Michigan Attorney General with the Michigan Court of Appeals to halt a May 6 resentencing hearing. Hamre is expected to resentence the defendant on a charge of unarmed robbery at the hearing, which could ultimately mean he would walk away from prison considering he has been incarcerated for 36 years.

Now, the Michigan Court of Appeals has put the resentencing hearing on hold; news reports do not indicate when it may take place.

Michigan criminal appeals attorneys know that while in many cases individuals may be wrongly convicted, there are also situations such as the one above in which rules of the law change or become defunct.