Michigan Criminal Lawyers Blog

April 4, 2013

Woman With 24 License Suspensions Charged with OWI and Driving While License Suspended

Ann Marie Cummins, a 44-year-old Rochester Hills woman, was recently charged with a second offense of operating while intoxicated and driving on a suspended license. Cummins pleaded not guilty before Magistrate Clement Waldmann in 52-4 District Court in Troy; her driver’s license has been suspended 24 times previously.

On Sunday March 31, Cummins was allegedly involved in an accident in which she rear-ended another vehicle and failed to stop. The driver of the vehicle that was rear-ended flagged down a Troy police officer and pointed out Cummins’ car. Upon being stopped by the officer, Cummins said that the reason she did not stop when she struck the other vehicle was because she knew she was not supposed to be driving.

During the course of the stop it was found that Cummins had a prescription muscle relaxer in her possession, and that her driver’s license had been suspended on 24 occasions. It was also discovered that six different law enforcement agencies had outstanding warrants for her arrest. Cummins was arrested for failure to stop and identify at an accident, driving while license suspended, and possession of a controlled substance after she told the officer she had no prescription for the muscle relaxers.

Michigan Secretary of State communications manager Fred Woodhams said that Cummins’ record indicates she is not able to register a vehicle due to the fact that her license has been suspended since 2005. He also said in a news article at the Oakland Press that those convicted repeatedly of driving on a suspended license may face two $500 driver responsibility fees, up to one year in jail, and a $1,000 fine.

Cummins may face additional criminal penalties for driving while license suspended because her driving privileges have already been suspended by the SOS, according to Woodhams.

While having a driver’s license suspended 24 times is highly unusual, Michigan drivers license reinstatement attorneys understand the importance of being able to drive. However, we also realize that many choose to do what this woman did – drive on a suspended license – out of simple need or necessity. This is very risky, and can lead to further legal complications.

April 4, 2013

Two Suspects in Ypsilanti Death of River Rouge Man Taken Into Custody

by Scott Grabel

A 46-year-old River Rouge man was killed in Ypsilanti on Easter in what appears to be a dispute over a lease between his daughter and her roommates. The victim, John Lawrence, was attempting to intervene on behalf of his daughter, according to a news article at Heritage Newspapers.

Lawrence was killed with a blunt object at the Peninsular Place apartment complex where his 19-year-old daughter lived, according to Ypsilanti police. At approximately 9:40 on Sunday evening, police were called to investigate reports of a disorderly incident. Following the initial investigation, police determined a woman and man who lived with Lawrence’s daughter were involved in the dispute which allegedly resulted in his death.

Raven Lawrence, daughter of the victim, was involved in a dispute with the two suspects over a lease; her father was there to take her out of the apartment for the night. Lawrence told police that she and her female roommate who is 20 years old were involved in conversation about the lease, which escalated into a heated argument. She also stated that her roommate’s boyfriend who was apparently living with the two women was not supposed to be there.

Lawrence called her parents when she began to feel threatened, according to a news article at AnnArbor.com. Upon her father’s arrival, he instructed her to take a gun he was carrying out to his vehicle. He remained in the apartment with the two suspects; when Raven Lawrence went back to the apartment, she found the door locked. She said that she banged on the door and screamed; neighbors confirm hearing the commotion.

Police have not yet determined what the object was that was used to strike Lawrence in the head, but suspect it may have been a frying pan. The two suspects were placed in the Washtenaw County Jail following their arrest. Blunt force trauma was determined to be the cause of death; the case was initially ruled as a homicide while awaiting autopsy results. An investigation continues in the homicide.

If the two suspects are tried for homicide, they will face very serious consequences if convicted. Michigan homicide attorneys understand the seriousness of a criminal offense involving the death of another person. Whether an individual faces criminal charges involving homicide, voluntary or involuntary manslaughter, or first- or second-degree murder, the penalties include any number of years to life in prison.

April 3, 2013

Two Suspects in Holland-area Fatal Hit-and-Run Accident Apprehended by Police

by Scott Grabel

On Easter Sunday, 24-year-old Joshua Owens was struck by two vehicles as he was crossing Ottawa Beach Road to use an ATM machine. Witnesses said that the two vehicles briefly stopped, and then fled the scene. Now, two people have been arrested in the incident which took place in front of the Itty Bitty Bar.

Maly Phongsavanh, 22, and Jeremie Collins, 26, were arrested on felony murder counts later in the day on Easter, after a tip from citizens regarding the whereabouts of the two suspects’ cars was received by police. The two were said to be speeding when the accident occurred. Both suspects were charged with leaving the scene of a serious injury/death accident. Collins’ bond was set at $5,000; he has 7 prior convictions including a 2009 OWI, according to news reports at Fox 17. Phongsavanh’s bond was set at $3,000.

The victim had been celebrating his wife’s birthday at the Itty Bitty Bar in Park Township when he crossed to go to the ATM to get money for a cab. On Monday evening, Maly Phongsavanh bonded out of the Ottawa County Jail, offering an apology to the victim’s family. Phongsavanh told Fox 17, “I just want to say I’m really sorry to Owens’ family. I would love to say I’m sorry in person if I could. It was an accident and I wish I could have seen him around that curve.” Phongsavanh was driving a BMW when the fatal hit-and-run occurred; there was a passenger in the vehicle with her, 25-year-old Debbie Vongphachanh, who was also taken into custody.

Family members of the victim told local media that the vehicles appeared to be racing at the time of the accident, although police did not confirm this information. As of Monday, there had been no indication that any charges related to alcohol would be brought into the case.

Both Collins and Phongsavanh are expected back in court at 9 a.m. April 3 for a preliminary exam. If convicted, each could face up to five years in prison and a fine of up to $5,000.

Michigan criminal defense lawyers understand how devastating the situation is for the victim’s family, losing a husband and father at such a young age. However, it is also very sad that the two accused of committing the fatal hit-and-run are young, and their lives will be forever affected.

April 2, 2013

California Investigators Arrest Man Believed to Be Involved in Numerous Washtenaw County Bank Robberies

by Scott Grabel

A man believed to have been involved in at least eight bank robberies throughout Washtenaw County over a year time period spanning 2011 and 2012 has been arrested by a fugitive task force in Los Angeles. Charles Anthony Williams, a 40-year-old resident of Los Angeles, was arrested on Thursday March 28. According to Detective Don Lupi of the Saline police, Williams was a member of a group that has committed a string of bank robberies across the U.S.

In Michigan, a task force was organized in the efforts to apprehend the bank robbers. This task force included Ann Arbor, Jackson, and Saline police departments, the Michigan State Police, the Washtenaw County Sheriff’s Office, Pittsfield Township Dept. of Public Safety, and the FBI. Lupi stated in a news article at AnnArbor.com that “It’s nice when a department of our size that doesn’t have the resources has other, larger departments with resources step up and help.”

Some of the banks it is believed Williams had a part in robbing include Bank of America at 2250 W. Michigan Avenue and PNC Bank at 3175 West Clark Road, both in Ypsilanti Township; America 1 Credit Union and a Citizens Bank both in Jackson, and Comerica Bank and Flagstar Bank in Ann Arbor.

Security cameras revealed that the suspects were wearing masks in the commission of the bank robberies, similar to those worn by Jason in the Friday the 13th movies according to investigators. The suspects also implied they were in possession of weapons or pulled out guns, according to news reports.

Authorities are not clear how many other individuals were involved with Williams in the bank robberies. Williams will face prosecution by the federal government according to Detective Bill Stanford of the Ann Arbor Police Department. He also said that the others involved in the robberies can expect to be charged by U.S. attorneys when apprehended.

Michigan armed robbery lawyers know that the penalties those convicted on charges of armed bank robbery are severe, and that those who are prosecuted at the federal level will face even harsher consequences if convicted. At the state level, an individual convicted of stealing money or property and possessing a gun or other dangerous weapon, or even insinuating the presence of a weapon, will face up to life in prison.

April 1, 2013

Grand Rapids Man Charged in Shooting of Victim Shot Near Lansing Mall

by Scott Grabel

On March 16, a Lansing man was shot near a Lansing mall before taking himself to a Delta Township Meijer parking lot. The victim, whose name has not been released, suffered a gunshot wound. Now, a 22-year-old Grand Rapids man has been charged in the shooting.

Jerry Blackwell was charged with felony firearm and assault with intent to murder; he was arraigned in Eaton County District Court on March 27. His victim, who is 23 years old, was taken to Sparrow Hospital in Lansing after Eaton County sheriff’s deputies found the injured man at the Meijer store located at 5125 W. Saginaw Highway. On March 28, 12 days after the shooting, the victim remained in the hospital; authorities say his condition is continuing to improve.

Blackwell was on probation when he allegedly shot the victim. According to a news report a Mlive.com, he was convicted for carrying a concealed weapon in 2010 in Ingham County. Additionally, Blackwell was convicted on drug charges in Berrien County and served about six months in jail until his release in early 2010.

The investigation into the shooting of the victim at the Lansing mall continues. Blackwell is scheduled for a pretrial conference on April 2, and a preliminary examination on April 5. He remains at the Eaton County Jail where he is being held without bond.

Michigan assault with intent to commit murder attorneys know that individuals who are charged with this criminal offense face serious consequences if convicted. In fact, under Michigan’s Penal Code 750.83 an individual may be sentenced to any number of years to life in state prison.

March 29, 2013

Drug Crime Convictions Often Lead to Serious Penalties – Including Driver’s License Suspension

by Scott Grabel

Many people equate having their driver’s license suspended with driving under the influence of alcohol or speeding, reckless driving, and other traffic violations. While drunk driving is the most common reason for license suspension, you may also face this sanction when you are charged with a drug offense in Michigan.

Most individuals consider the most obvious penalties when facing a conviction for drug possession, use, or distribution. These penalties often include jail/prison time and substantial fines, depending on the type/amount of drug involved and other factors. However, even a first-time offender will have his or her driver’s license suspended for six months, with eligibility to obtain a restricted license after 30 days. A second offense will mean a one-year driver’s license suspension, with eligibility to obtain a restricted license after 60 days. However, a restricted license is just as it sounds – very restricting. You cannot jump in the car and go about your business any time you get ready.

It is not required that you are driving while under the influence of drugs in order for your license to be suspended. The simple fact that you are convicted of a drug offense is grounds for suspension.

While it is critical that you obtain a skilled attorney to protect your legal rights if charged with a drug crime, there is another reason you need a capable lawyer – to protect your driver’s license. Often times an experienced criminal defense attorney is able to have the charges against the defendant modified, reduced, or even dismissed. This could mean that the sanctions against your license are eliminated, so you do not have to face being unable to drive for 30 or 60 days, followed by a long period of driving on a restricted license.

March 29, 2013

Armed Robbery Among Charges Filed Against Two Detroit Police Officers

by Scott Grabel

Two Detroit police officers have been charged with numerous felony counts related to crimes which were allegedly committed between May of 2012 and March of this year according to a news report at Mlive.com. The two officers, Jeffrey Armstrong and Clifton Whatley, have been suspended from duty after an investigation led police to believe that the two were involved in a string of armed robberies in and around the Detroit area during the specified time period.

Wayne County Prosecutor Kym Worthy said that the prosecutor’s office would vigorously present their case in court, and that the law has been violated by two badged men who the public trusted to uphold it.

According to the news article, Clifton Whatley is charged with felony firearm, conducting a criminal enterprise, two counts of bank robbery, three counts of unlawful imprisonment, and three counts of armed robbery. Worthy contends that Whatley organized robberies across Wayne County in Canton, Harper Woods, Melvindale, Taylor, and Westland. He is accused of holding up several check-cashing stores in the suburbs surrounding Detroit, but not in the city itself. He has been an officer with the Detroit Police Department since 2000.

Jeffrey Armstrong is said to be a longtime friend of Whatley. Prosecutor’s claim that he robbed a Taylor Check and Go located in the 9100 block of Telegraph in May of 2012. He has been charged with felonious firearm possession, bank robbery, and armed robbery.

Whatley and Armstrong both have preliminary examinations scheduled for April 8; Armstrong will also be arraigned on that date. Whatley was arraigned on Thursday, March 28; he remains behind bars on a $1 million cash bond.

As Michigan armed robbery attorneys know, this offense is taken very seriously in Michigan – and the penalties are severe for those convicted. Committing a robbery while in possession of a dangerous weapon is a felony crime, punishable by possible life in prison according to Michigan Penal Code 750.529.

March 28, 2013

Michigan Appeals Court Upholds Murder Conviction of Saginaw Man

by Scott Grabel

In July of 2011, Juan Guajardo Jr. was convicted of second-degree murder in the December 2010 death of Kevin Powell. Guajardo has maintained that he was acting in self-defense and protecting his family when the deadly shooting occurred. Guajardo’s attorneys appealed his conviction, which has now been upheld by the Michigan Court of Appeals.

Guajardo and Powell were living in the same home along with a 14-year-old boy, who allegedly became involved in an argument with Powell after accusing him of stealing his watch. After being accused, Powell allegedly began choking the boy. According to news reports, Powell weighed more than 300 pounds and was 6′ 6″ tall. When the altercation between Powell and the boy continued, Guajardo said in his testimony that Powell threatened to grab a gun from his room and kill everyone, however the boy said during his testimony that he did not hear Powell make the threat.

Testimony during the trial revealed that Powell went to his room and closed the door following the altercation with the boy. A short time later, Guajardo allegedly knocked on Powell’s door after grabbing his rifle, and fired the gun when Powell moved his hand. It was not clear whether Guajardo fired the gun before or after Powell opened the door. Guajardo testified that he did not aim for Powell, and that he did not remember pulling the trigger, that it all happened very fast.

There were several reasons the appellate judges upheld Guajardo’s conviction, one being that he testified that the shooting was accidental, because he did not believe his rifle was loaded when he retrieved it to go to Powell’s room. The judges wrote that, “Had Guajardo possessed a reasonable and honest belief that his life was in danger, he would not have brought what he thought was an unloaded rifle to Powell’s room to confront him.”

The judges also felt that sufficient time had passed between the altercation and Powell going to his room that Guajardo would not felt the need to grab a rifle for self-defense purposes.

Guajardo was sentenced to 27 to 42 years in prison by Saginaw County Circuit Judge Robert L. Kaczmarek; the earliest he may be released from prison is in December of 2037.

Michigan post-conviction defense lawyers know that there are circumstances in which innocent people are convicted of murder after protecting themselves in self-defense. Winning an appeal is not easy, but it does happen. Errors can be made in the criminal justice system, and because you have been convicted does not mean it is the end of the road.

March 28, 2013

22-year-old Superior Township Man Convicted of Child Abuse and Torture, Faces Possible Life in Prison

by Scott Grabel

Last month, we wrote about Harvey Seville Wince, a 22-year-old Superior Township man who had been accused of torturing a 3-year-old child he was babysitting for his girlfriend. Now, Wince has been found guilty of first-degree child abuse and torture. This is the second time Wince has been tried in the case; the first trial concluded in November of 2012, when the jury was unable to reach a verdict. Wince will potentially face life in prison when sentenced.

Wince’s 17-year-old girlfriend was the toddler’s frequent babysitter, however on April 1 of 2012 the babysitter had other plans and left the boy in the care of Wince. When the toddler’s mother returned home from work on the evening of April 1, she found her son had burns on his body, bite marks, and other injuries. She took him to the University of Michigan Health System for treatment of his injuries, where it was found that he also had fluid in his abdomen and blood in his urine.

Investigators in the case found that along with burns caused by being placed in a bathtub of scalding water, the toddler suffered a lacerated liver believed to be caused by blunt force trauma. The boy allegedly had bruises over his entire body, and bite marks on his arms. Wince did admit to biting the boy. Authorities at the sheriff’s office could not determine a motive for the injuries to the 3-year-old.

While this is a very sad situation, Michigan child abuse attorneys understand that there are often situations in which a parent is wrongly accused of child abuse, sometimes by an ex-spouse, or by someone else who may notice a bruise or other injury which occurred in a completely innocent way. The criminal penalties for those convicted are serious; not only may you spend years in prison, your reputation may be ruined, and your relationship with your child damaged for life.

March 27, 2013

Charges Against Roseville Man May Be Reduced or Dismissed Following Ruling by Michigan Court of Appeals

by Scott Grabel

William McCleese, a 57-year-old Roseville man, was charged with maintaining a drug house and manufacturing between 5 and 45 kilograms of marijuana in 2010, along with his wife. Now, following rulings made by the Michigan Court of Appeals recently, the charges against McCleese may be reduced or dismissed.

In June of 2010, Roseville police searched McCleese’s home on Secretariat Street after obtaining a search warrant, allegedly obtained when an officer presented misleading information to a Macomb County judge. Upon searching the home, police located 55 marijuana plants growing in the basement under special lights. After McCleese and his wife, Sharon, presented patient and caregiver cards through the Michigan Medical Marijuana Act, both were arrested. According to police and prosecutors, the number of plants growing in the home exceeded the 12 plants per patient allowed under the Medical Marijuana Act.

The charges against Sharon McCleese were dismissed, and on Friday, March 22, the court of appeals claimed the search warrant used by police to search the home was “faulty” due to the affidavit consisting of self-serving assertions and conclusory statements which were based on the use of rumors or reputations that drug activity was going on in the home. The appeals court said that the search warrant should have been denied, and that the 39th District Court magistrate should have disregarded the claims.

The appeals court panel consisted of three jurists, who said that no timely evidence existed which suggested that narcotics or the proceeds of narcotics were present at the McCleese home. The panel called this a “critical” omission, saying that the affidavit lacked evidence such as a controlled buy, a confidential informant, or otherwise.

McCleese had $115,000 in Comerica Bank accounts, money which authorities claimed had been garnered from activities involving narcotic trafficking or legitimate money co-mingled with drug proceeds, a claim that the appeals court called a “bald accusation.”

At his trial in a Macomb County Circuit Court, Judge Diane Druzinski agreed with prosecutors and did not allow McCleese’s defense to use the MMA as an affirmative defense based on the claim that he had too many plants and did not keep the marijuana plants in a closed, locked facility according to MMA requirements. However, the appeals court said that McCleese can seek that the charges against him be dismissed based on the decision in People v. King in May of 2012 made by the state Supreme court, claiming that the marijuana is being properly grown under the MMA, regardless of whether he meets all of the requirements in regards to number of plants and storage.

If McCleese does have the charges against him dismissed it will mean he does not have to forfeit his two homes, five vehicles, $115,000 in cash and other property prosecutors initiated forfeiture proceedings against in 2011.

Michigan criminal appeals attorneys know that frequently errors are made in the legal system; as is evident in this case, police make mistakes as well. Because an individual is arrested and convicted of a criminal offense does not necessarily mean that it is the “end of the road,” and that no further action can be taken.