Michigan Criminal Lawyers Blog

April 24, 2013

Man Charged with Arson in Saginaw Rental Home Fire

In January of this year, four people were sleeping inside a Saginaw rental home located at 703 S. Michigan when the home caught on fire. The home was separated into five apartments; tenants were said to have been present in three of those apartments when the blaze began. All escaped without injuries, although it was not known at the time how the fire started. Firefighters fought hard, as the high winds and cold temperatures that night caused the fire to spread rapidly, according to Saginaw Fire Department Battalion Chief Steve Filary.

On Friday April 19, 33-year-old Jeff McKenna was charged with arson in the fire, which gutted the inside of the home resulting in about $70,000 worth of damage according to a news article at Mlive.com. McKenna was reportedly at the Saginaw County Jail for an offense which was not related to the fire when officers served the arrest warrant charging him with arson.

On Monday April 22, McKenna was arraigned before Saginaw County District Judge A.T. Frank, who entered a not guilty plea on behalf of McKenna. The judge also ordered the suspect held on a $75,000 bond. He will remain incarcerated until he goes before Frank at his preliminary hearing scheduled for May 1.

Deputy Fire Marshal Ralph Martin stated that Michigan State Police detectives worked with fire investigators in bringing charges against the suspect; a resident who awoke after smelling smoke is also said to have cooperated.

News reports do not reveal a possible motive for the crime.

As Michigan arson lawyers know, arson is a serious criminal offense which will leave the accused facing severe criminal penalties if convicted; in fact, it is a 20-year felony offense. While in this case none of the residents of the home were injured, McKenna would likely be facing far more serious charges if anyone had been seriously injured or if lives were lost.

April 23, 2013

Woman Shot in Head During Robbery; Suspect Still at Large

by Scott Grabel

On Friday April 19, a 20-year-old woman was shot in the head as she was walking to her apartment after getting off work. The woman, who is a resident of Pittsfield Township, was treated for non-life threatening injuries following the shooting, although the suspect was still at large.

Chief Gordy Schick of the Pittsfield Township Deputy Police said that the victim was approached by a man with a gun who attempted to take her purse. The man then forced the woman to the ground demanding that she remove her clothes while holding a gun to her head. As the alleged victim fought back, the man shot her in the left side of the head. The police chief believes that although the suspect did not sexually assault the woman, he did intend to.

The incident took place in the 4900 block of Lakeridge Drive in Pittsfield Township at approximately 10:30 p.m. The suspect is described as a black male about 5′ 8″ in height who is thinly built, bald, and thought to be 18 to 20 years old. According to a news article at Annarbor.com, he was wearing dark clothing and a hoodie.

Police are now investigating whether the suspect in this case may be the same man who sexually assaulted an Ypsilanti Township woman recently. Composite sketches of the suspects have been released in both cases, and the images are said to look very similar. However, the physical descriptions given of the suspects differ substantially, as the man suspected in the Ypsilanti Township sexual assault is described as being over six feet tall, while the Pittsfield Township robbery suspect was described as about 5′ 8″ tall.

Police believe the woman who was attacked as she walked toward her apartment complex may have been at Washtenaw Avenue and Golfside Road near the AATA bus stop prior to the shooting, although they do not reveal in news reports why they suspect the woman was in the area.

Although news reports do not indicate what the suspect may be charged with when apprehended, Michigan criminal defense lawyers know that he will no doubt face serious consequences. Attempted robbery and assault are serious offenses; when a gun is present and someone is injured, the consequences become even more dire for the person who is convicted of committing the crime.

April 22, 2013

Stanton Mother Arrested for Child Abuse of 2-year-old Daughter

by Scott Grabel

26-year-old Samantha Slater was arrested on Tuesday, April 23, on charges of child abuse. According to a news article at Mlive.com, Slater was at home when Brooklyn Weimer was allegedly abused by Benjamin Wilkins, Slater’s boyfriend, and almost killed according to Montcalm County prosecutors.

On March 24, Wilkins admitted that he was taking care of Slater’s daughter according to court documents. He alleges that he placed the child in the bathroom for a “time out,” then heard a thud a few minutes later. When Wilkins went into the room to check on the sound, he found her unresponsive. She was flown to Helen DeVos Children’s Hospital with what doctors called life-threatening injuries. New reports state the doctors suspected abuse.

That evening at around 9:00 p.m., Wilkins called for an ambulance following a series of what were called “bizarre” calls with dispatchers and hospital staff. Wilkins allegedly reported that he had a friend who was injured, but later admitted that he had fabricated the stories, telling a detective that he and the child’s mother were fearful that DHS and police would become involved.

When officers arrived on the scene, the toddler was breathing but was unresponsive; it was determined at the hospital that she had suffered a closed head injury. She was listed in critical condition at the time, and in a medically induced coma.

When police arrested Samantha Slater on April 23, Wilkins was in jail for violating parole. Both are expected to face charges of first- and second-degree child abuse.

Michigan child abuse lawyers know that individuals facing charges of first- and second-degree child abuse face serious consequences if convicted. In fact, first-degree child abuse is punishable by up to 15 years in prison. However, there are times when innocent people end up behind bars for crimes they did not commit. Child abuse has become a serious topic in society today; when a child has a bruise caused by a fall, people are often quick to jump to conclusions.

April 19, 2013

Meridian Township Man Convicted of Armed Robbery Faces 3 to 15 Years in Prison

by Scott Grabel

In January of this year, 31-year-old Raymond Burger of Meridian Township was arrested for allegedly robbing a gas station in December of 2012. Burger was accused of holding up the Marathon gas station located at 3010 Lake Lansing Road with a weapon. News reports at Mlive.com state that no one was injured in the incident, and that the defendant stole an undisclosed amount of cash.

After investigating and analyzing surveillance images, Meridian Township police determined that Burger was a suspect in the hold up; a warrant was then issued by the Ingham County Prosecutor’s Office for Burger’s arrest. He pleaded guilty to two counts of unarmed robbery in exchange for prosecutors dropping the charge of armed robbery. Now, Burger has been sentenced to three to 15 years in prison by Ingham County Circuit Judge Joyce Draganchuk. He was also ordered by the judge to pay multiple fees and costs. Burger had already served 100 days in jail since his arrest, which Draganchuk gave him credit for.

Burger had a prior criminal record in Wayne County, and had previously served approximately two years for convictions on charges of assault, obstructing, and resisting police. He was released from prison in 2012.

As experienced Michigan armed robbery attorneys we know that if Burger had not pleaded guilty to a lesser charge, he may have faced life in prison. Much of the outcome of a defendant’s case rests in the hands of his/her attorney, and that attorney’s skill and ability. Skilled lawyers work to have the charges against their clients dismissed, but there are situations in which this outcome is not possible. In these situations it may work to the client’s advantage to plea bargain with prosecutors in order to reduce sentencing and the damage to your life. A talented defense attorney can work to develop the best possible defense for his or her client.

April 18, 2013

Never Lie About AA When it Comes to Getting Your Driver’s License Restored in Michigan

by Scott Grabel

As skilled Michigan driver’s license restoration attorneys, we understand that in the majority of cases individuals have their license suspended or revoked after repeated DUIs. We also know that many people have a notion that in order to have their license restored, they must attend AA (Alcoholics Anonymous). Even those who are aware that it is not a requirement that they are involved in AA to have their driver’s license restored believe that somehow it makes things “better” if they are.

We are not knocking AA at all; in fact, it is usually very beneficial for individuals who have an alcohol problem to join AA or a 12-step program. However, it is never a good idea to lie about your involvement with AA in your efforts to win your license back in a Michigan driver’s license appeal. You may think it makes you “look good,” but what will likely happen is that your lies will lead to your downfall. Why?

When you attend a driver’s license restoration heating, chances are the hearing officer will question you and ask for explanations if you claim you have been attending AA meetings. For instance, you may be asked about your involvement level, what you have discovered about your relationship with alcohol and how you intend to avoid relapse/triggers with the tools the program provides, etc. You may even be asked about specific steps in the program, where you are at, how you progressed through these steps, even what the steps actually are. This can be very intimidating when you have never attended, or it’s been a long time since you actually did.

When it comes to a Michigan license restoration case, involvement in AA is beneficial – but it is absolutely not a necessity. Michigan driver’s license restoration attorneys who are capable and very experienced in these types of cases can win an appeal the vast majority of the time without the client having been involved with AA. This is why it is so important that you never lie about it, as you will likely get yourself tangled up in a web that will only sabotage the chances of winning.

April 18, 2013

Teen’s Conviction in Fatal Shooting Upheld by Michigan Court of Appeals, Back to Court for Resentencing

by Scott Grabel

In March of 2010, then 14-year-old Dakotah Eliason allegedly shot his grandfather while he was asleep on the couch. Eliason was said to have emotional issues due to the loss of a family dog, his cousin’s death in a car accident, and the recent suicide of a close friend according to a news report at CBS News. He shot his grandfather, 69-year-old Jesse Miles, using Miles’ handgun. Eliason reportedly struggled with whether to shoot himself or his grandfather before firing the fatal shot. He was charged as an adult with first-degree murder, and found guilty by jurors in August 2010. Eliason was sentenced in Barrien County Court to life in prison without parole.

The U.S. Supreme Court ruled in June of 2012 that sentencing juveniles to life without the possibility of parole is unconstitutional; in February of this year, U.S. District Court Judge John Corbett O’Meara agreed, saying that the Supreme Court’s ruling would be applied retroactively. This essentially means that Eliason may be eligible for parole at some point, however the Michigan Court of Appeals did not agree.

On April 5, Eliason’s conviction was upheld by the Michigan Court of Appeals, however the court sent the case back to the trial court for resentencing. The U.S. Supreme Court ruling does not prevent individual judges from sentencing teens to life in prison without parole, however states cannot mandate this sentence for juvenile defenders.

Jonathon Sacks, Eliason’s defense attorney, plans to appeal the court of appeals ruling to the Michigan Supreme Court according to a new article at MyFoxChicago.com.

Michigan criminal appeal attorneys understand that while a young teen may commit a heinous crime, individuals who are this young deserve a second chance. In this situation, unless things change a now 16 or 17-year-old boy will face the rest of his life behind bars for making a terrible mistake, one that he no doubt regrets.

April 17, 2013

Lansing Woman to Stand Trial on Charge of Assault With a Dangerous Weapon in Slashing of Acquaintance

by Scott Grabel

On Thursday April 11, 26-year-old Pamela King was bound over to circuit court by Lansing District Judge Hugh Clarke on a charge of felonious assault, also known as assault with a dangerous weapon. King allegedly slashed an acquaintance in the course of an argument on March 31 of this year.

According to news articles at Mlive.com, King and the alleged victim who is 23 years old became involved in an argument inside the apartment where King lives; as the victim was attempting to leave, King allegedly slashed the back of the woman’s neck. When police arrived, the alleged victim was in the parking lot of the apartment complex.

Lansing police arrested King inside her apartment located in the 500 block of W. Saginaw St. On April 1 King posted $1,875 bond according to court records. She was prohibited from having any contact with the alleged victim, and also from using controlled substances or alcohol; she is required to submit to random urine testing. King’s alleged victim was hospitalized with injuries which were determined to be non life-threatening.

Michigan felonious assault attorneys understand the seriousness of these types of charges. According to the Michigan Penal Code 750.82, an individual convicted on a charge of assault with a dangerous weapon may face penalties which include fines of up to $2,000 and up to four years in prison. The penalties may be even more severe if the assault was committed in a school area.

April 16, 2013

Woman Suspected in Spaghetti Sauce Bank Robbery in Clinton Township Arrested

by Scott Grabel

A woman nick-named the “Ragu Bomber” in connection with robbing a Clinton Township bank using two jars of spaghetti sauce on Saturday April 6 has been arrested. 53-year-old Ophelia Amelia Neal was arrested after robbing the Fifth Third Bank using spaghetti sauce in a bag which she claimed to be a bomb as she demanded cash from a teller.

A news article at Mlive.com states that Neal absconded with $3,000, escaping in a getaway car that was driven by an unidentified male. After spending hours of carefully removing the “explosives” left behind by the suspect, state police opened the bag to find two cans of Ragu spaghetti sauce. Clinton Township police Capt. Richard Maierle said that Neal did not bother to conceal her face in the robbery, and that at more than 400 pounds, she was already conspicuous. Neal is a parole absconder and convict, so police recognized her quickly due to previous dealings with her. She was arrested on Friday April 12 in Mount Clemens.

Neal has been convicted in the past for marijuana possession, possession of controlled substances, writing bad checks, and felony assault. She was charged by the Macomb County Prosecutor’s Office with bank robbery and using an explosive with intent to frighten.

Michigan armed robbery lawyers know that even when an individual does not use a “real” weapon in the commission of a bank robbery but insinuates the presence of one in order to frighten or instill fear in victims, that individual may face life in prison if convicted. This is an extremely serious felony offense that is severely punished in the state of Michigan.

April 15, 2013

Two Teens Arrested Following Alleged Carjacking of Woman with Toddler in Detroit

by Scott Grabel

On Wednesday April 10, a woman was allegedly carjacked after coming out of a west Detroit Dollar Store, where she and her 4-year-old son had been shopping for balloons. The incident took place in the middle of the day, when the woman was carjacked at gunpoint as she unlocked her car doors. There were two suspects who were said to be wearing black hooded sweatshirts; they emerged from an abandoned building when the woman unlocked the doors to get in her car, according to a news article at ClickonDetroit.com.

Two teenagers have since been arrested in the carjacking after Detroit police set up surveillance following a tip they received that the woman’s car was located at Grandmont and West Chicago. The two suspects, age 17 and 18, eventually came for the car. This is when police stopped them nearby, and arrested the 18-year-old after he fled on foot and was tracked to a garage with the assistance of the department’s K-9 Unit. A news report at Mlive.com stated that police also recovered the gun.

The 24-year-old woman was able to pull her son out of the back seat of the vehicle before the teens fled with the car. News reports state that the woman was panicking, thinking only of getting her son out of the car. All she remember seeing was the gun when one of the suspects approached her vehicle and demanded the car keys and money; she said she could not really see the teen’s faces. Once getting her son from the back seat, she ran for safety.

Michigan auto theft attorneys know that this is a very serious crime, particularly when the occupants of a vehicle are forced out by the use of a weapon or even the threat of violence. Those convicted may face a sentence of up to life in prison; if a police chase ensues, many defendants find themselves facing a minimum of 10 years behind bars.

April 12, 2013

Michigan Court of Appeals Determines Saginaw County Juror’s Wikipedia Research Not Sufficient to Overturn Larceny Conviction

by Scott Grabel

In November of 2011, Julie M. Maliszewski was convicted of larceny from a person. The conviction stemmed from an incident in July of 2010 when Maliszewski was at a friend’s home in Birch Run Township and allegedly stole jewelry worth thousands of dollars, although Maliszewski was deemed “mentally impaired” by appellate judges according to a news article at Mlive.com.

Maliszewski was initially sentenced to 18 months probation, however Saginaw County Circuit Judge Fred L. Borchard extended the probation to five years in September of 2012 due to Maliszewski’s non-payment of restitution.

Maliszewski argued several points in her appeal, including that Borchard erred in not allowing hearsay testimony from the alleged victim’s son, insufficient evidence for a conviction, and failure to grant a mistrial when a juror researched Wikipedia regarding corroborating evidence and reasonable doubt, then shared the findings with other jury members.

Appellate judges Joel Hoekstra, Henry Saad, and Mark Boonstra determined that the reading of the Wikipedia research results to the jury members did not warrant a reversal of Maliszewski’s larceny conviction.

After being informed of the Wikipedia search results, Borchard asked jurors whether they were capable of relying solely on the jury instructions that had been given them, and if they could disregard the search results. Borchard denied the motion for a mistrial after jurors said they could disregard the Wikipedia search results.

The appellate judges disagreed with all of the defendant’s arguments, and ruled that the judge’s decision to deny a mistrial did not impact the defendant’s ability to get a fair trial. The judges also found that jurors were properly instructed by Borchard both prior to and following the trial.

News reports state that Maliszewski will remain on probation until January 2017.

Michigan criminal appeals attorneys know that it is extremely difficult to have a conviction overturned, however the most important factor is having a capable lawyer who is thoroughly familiar and experienced with the process.