Michigan Criminal Lawyers Blog
Four Suspects in Cadillac-area Home Invasion Identified; One Suspect Charged with Attempted Murder
On Saturday, March 16 two men and two women allegedly attempted to rob a 55-year-old man in his Cedar Creek Township home in Wexford County. During the attempted robbery, three people assaulted the man, one with a gun. He was shot in the leg by one of the suspects, who now faces a charge of attempted murder among other charges.
The victim’s name has not been released in news reports, however he was able to escape and reportedly ran to a neighbor’s home. The man apparently struggled with the suspect who had the pistol; he was taken by emergency crews who were summoned to the scene to Munson Medical Center, where he was admitted. The victim, who said he was “familiar” with his assailants, gave police information which led to their arrest.
The four individuals arrested include Robert Smith, Derek White, and Sara and Kari Ostrander. Smith has been charged with attempted murder, assault with intent to rob while armed, felonious use of a firearm, armed robbery, first-degree home invasion, and conspiracy to commit armed robbery. The other three suspects are charged with conspiracy to commit armed robbery, conspiracy to commit first-degree home invasion, and accessory after the fact. A news report at Mlive.com states that all of the suspects live in the Manton area. No motive was given regarding why the victim was allegedly attacked.
Michigan attempted murder attorneys understand that this offense, also referred to as assault with intent to murder, carries severe penalties for those convicted. Michigan Penal Code 750.83 states that individuals convicted of this felony criminal offense may spend any number of years to life in prison. Armed robbery charges are very serious as well; penalties for this offense can leave someone who is convicted facing life in prison as well, depending on the circumstances.
West Bloomfield Township Grandma’s Fate in Jurors’ Hands Following Charge of Open Murder in Death of Grandson
In May of 2012, 17-year-old Jonathan Hoffman was allegedly shot several times and killed by his grandmother, 75-year-old Sandra Layne. After being charged with open murder, Layne is now awaiting her fate as jurors deliberate.
Layne allegedly shot Hoffman, putting six bullets in her grandson as the two argued. According to Layne, her grandson used drugs and was prone to violent outbursts. A news article at Detroit News states that on the day of Hoffman’s death, he became violent and agitated after failing a drug test ordered by the court. 911 recordings were playing in court on Monday March 18; on the recordings, Hoffman is heard begging for help and telling a dispatcher that he had been shot by his grandmother. Jurors also heard Hoffman cry out during the call that he had been shot again, and a voice shouting “let go” as they listened to what appeared to be a struggle.
Oakland County chief assistant prosecutor Paul Walton told jurors during closing arguments that Layne was a murderer who “hunted down” her grandson in her condominium and killed him, “because he wouldn’t listen to her.”
Layne’s attorney, Jerome Sabbota, described Layne as a dutiful grandmother who was afraid of her grandson, because of his violent temper and drug use. He alleges that Layne shot her grandson out of self-defense and fear; Layne does not deny shooting her grandson, who lived with her after his parents divorced and were living in Phoenix during his senior year in high school.
On the day in question, Hoffman was allegedly extremely angry as he rode with his grandmother after failing a drug test and testing positive for synthetic marijuana, which could have triggered a violation of his probation. Layne testified that her grandson was demanding the car keys and kicking the dashboard. She also told the court that after she shot her grandson, she ran to hide in the basement, then came out and shot him again as a struggle ensued.
Judge Denise Langford Morris told jurors that Layne may be convicted of first- or second-degree murder, or voluntary/involuntary manslaughter, but that jurors must first consider the charge of first-degree premeditated murder. Ultimately, depending on the decision of jurors Layne could face anywhere from one year in prison to life without parole.
Michigan murder defense attorneys realize that there are instances in which an individual kills someone out of fear or self-defense, as seems to be the case in this situation. When drugs are involved, circumstances can become highly volatile. Regardless of the situation, it is critical that those accused consult with an attorney immediately.
Man Wearing Dress Shirt and Tie Arrested for Robbery at Ypsilanti Township TCF Bank
On Sunday March 17, Ypsilanti police arrested Derrick Jackson in connection with the weekend robbery of TCF Bank in Ypsilanti Township. The bank, located at 2150 Packard Road, was robbed on Saturday; police responded after the holdup alarm went off at approximately 2:25 p.m.
Following the robbery, deputies searched the vicinity but were unable to locate the suspect, who was described as a white male approximately 5’6″ tall and weighing 165 pounds. Witnesses also said the suspect was wearing a red jacket, but underneath was a dress shirt and tie. According to Sgt. Geoffrey Fox of the Washtenaw County Sheriff’s Department, no weapon was observed on bank surveillance camera photos during the commission of the robbery.
While the suspect did elude authorities on Saturday, he wasn’t so lucky on Sunday. The Ypsilanti officer who spotted Jackson had seen the surveillance footage, and recognized the suspect who was walking down the street as he was patrolling in the area near Ecorse Road and East Michigan Avenue. Jackson, who is 50 years old, was arrested without incident according to a news report at AnnArbor.com.
Jackson is currently on parole for a Wayne County bank robbery; in the course of the arrest, a portion of the money which was stolen from the bank was recovered.
Michigan unarmed robbery attorneys know that while unarmed robbery is not typically as serious as offense as armed robbery, individuals who are convicted may still face up to 15 years in prison for this felony charge if it can be proven that force, fear, or violence was used in the commission of the crime. Additionally, prosecutors and police will look for ways to “trump up” the charge against you, resulting in harsher penalties.
Jackson Teen Sentenced to Probation, Jail for Reckless Driving in Fatal 2012 Accident
On March 25, 2012 two people died in a fatal car crash determined to have been caused by reckless driving. John Rick, a 19-year-old Jackson resident, was recently sentenced to 60 days in jail and one year of probation after the jury found him guilty on two counts of reckless driving; he was found not guilty on two charges of reckless driving causing the deaths of the victims, 20-year-old Dylan Briningstool and his girlfriend, Icy James.
At issue in the January trial was whether Rick’s driving was the direct cause of the deaths of his friends. Briningstool and Rick were driving at speeds of approximately 100 mph, both heading north in Waterloo Township on Mount Hope Road when the vehicles collided, sending both cars off the road. Briningstool’s brother was riding in the back seat of Dylan’s vehicle when they noticed lights ahead, and Dylan attempted to get back into the northbound lane, striking Rick’s Grand Prix. It was debated at trial whether Rick’s criminal liability in the accident was negated by Briningstool’s actions.
Ultimately, Rick was not held liable for the deaths; his attorney, Michael Falahee, said that “Rick feels terrible, and always will.” He said that the defense felt that the jury made the right decision in not finding Rick responsible for the deaths of his friends.
Jackson County Circuit Judge Susan Beebe told Rick “You made a very poor choice that ultimately ended up with someone dead.” Ted Briningstool, Dylan’s father, said that he prays that Rick will take away the lesson that speed kills from this accident. Chief Assistant Prosecutor Mark Blumer told the court that both Rick and Briningstool were responsible for the tragedy, and that both vehicles were driving at speeds of approximately 100 mph in a no passing zone when the accident occurred.
Rick’s driver’s license was also suspended.
While this is a horrible tragedy, Michigan drivers license restoration lawyers know that being denied the privilege to drive makes living a normal life virtually impossible. Individuals driver’s licenses are often suspended or revoked due to repeated DUI offenses, drug crimes, and reckless driving.
Michigan Criminal Appeal Attorneys Work on Behalf of Individuals Whose Rights May Have Been Violated
Whether an individual feels he or she has been wrongfully convicted for an offense involving alcohol, drugs, a sexual act, or even a violent or serious offense such as robbery or homicide, the appeals process is designed to ensure that a person’s rights are properly defended. This means that if you have been wrongfully convicted or even received a harsher sentence than what would be considered normal according to state sentencing guidelines, you may have grounds to appeal. An experienced Michigan criminal appeals lawyer can review your case to determine whether appealing your case to the Michigan Court of Appeals or the Michigan Supreme Court may be possible in your situation.
Some people have the opinion that mistakes are never made in the legal process, but they definitely are. You may have a lawyer who was simply inexperienced and thus ineffective, jurors may not have been sworn in, a prosecutor may have excluded jurors because or gender or race, evidence may have been obtained illegally. There are dozens of reasons that you may not have received a fair trial, or may have been sentenced in a way that was unduly harsh.
In most cases in Michigan, you have 42 days to file an appeal from the date of judgment. Perhaps you were found guilty of drug possession or sexual assault, and feel that the evidence to support a guilty verdict was insufficient. Perhaps new evidence has been discovered since your conviction, and that new evidence may prove your innocence. Misconduct on behalf of jurors may also be grounds to appeal. Regardless of your situation, it is important to know that the attorney you choose can make all of the difference in whether your appeal is successful. Make certain you choose a Michigan criminal appeal attorney with a proven track record and successful results in appellate matters.
You may assume that taking your case to an appellate court means that it will again be determined whether you are innocent or guilty, however this is not the case. The primary role of an appeals court is to determine whether your verdict was affected by errors made in the legal process. Depending on the seriousness of the errors made, your case may either be retried through the trial court, or your conviction may be reversed. If you were sentenced too harshly, you may be eligible for resentencing.
Victim of Home Invasion in Delhi Township Faces Gun, Drug Charges
In February, a break-in in a home in Delhi Township resulted in Ingham County Sheriff’s Department deputies discovering numerous marijuana plants and guns including a Romanian AK-47 replica and an assault rifle in the home which was invaded.
According to news reports at MLive.com, a home invasion occurred shortly after midnight on Thursday February 20 in the 4200 block of West Holt Road. Those inside the home included a woman, man, and four children; the woman allegedly shot the intruder multiple times. When police deputies arrived at the scene, they found the intruder had been beaten with a baseball bat and handcuffed. Police obtained a search warrant after finding what they called a “large” marijuana growing operation inside the home.
31-year-old Jason Terrill, owner of the Delhi Township home that was invaded, now faces a felony drug charge and two felony gun charges after he was arrested on March 4. Ingham County Sheriff Gene Wriggelsworth said that Terrill has been charged with felony firearm, possession of a firearm by a felon, and delivering/manufacturing 5 to 45 kilograms of marijuana.
The man who allegedly entered the home in February is a 20-year-old Lansing man; he was hospitalized after being shot numerous times in the abdomen by the woman who lives with Terrill. According to news reports, he entered the home through a back door that was unlocked, and was carrying a handgun.
Terrill claimed that he is licensed to possess marijuana because he is a patient, and is a licensed medical marijuana caregiver in addition, according to Sheriff Wriggelsworth.
Terrill was arraigned in Ingham County District Court on March 5, and was released after posting a $35,000 bond on March 6. Magistrate James Pahl stipulated that Terrill may not consume drugs or alcohol. Terrill is scheduled for a pretrial conference on Tuesday March 12 and preliminary examination March 14.
The criminal penalties for delivering or manufacturing marijuana in Michigan are harsh; in fact, cultivating between 5 and 45 kilograms of marijuana will leave an individual who is convicted facing a fine of up to $500,000 and up to seven years in prison. Michigan drug crime attorneys understand the serious consequences those accused of maintaining grow houses face, in some cases even patients.
Defense Attorney Vows to Appeal Racketeering Conviction in Former Detroit Mayor Kwame Kilpatrick Corruption Case
On Monday March 11, a jury found former Detroit Mayor Kwame Kilpatrick guilty of racketeering, along with 23 other charges including extortion. Racketeering and extortion are both offenses which carry maximum sentences of 20 years in prison. The public corruption trial against Kilpatrick and two co-defendants, one his father, continued over a period of five months.
Essentially Kilpatrick, his father Bernard, and Bobby W. Ferguson, a city contractor, were accused of using Kilpatrick’s position as mayor to enrich their own lives for several years through kickbacks, shakedowns, and bid-rigging schemes, according to prosecutors. The defendant’s in the case were charged with using the mayor’s office to operate a criminal enterprise according to the indictment which was filed in 2010. Prosecutors accused Kwame Kilpatrick of illegally using state grants and nonprofit funds for personal expenses, and guiding $84 million in work designated for other contractors to Bobby Ferguson through bid-rigging. According to prosecutors, Ferguson then split the proceeds with Kilpatrick.
Monday afternoon, Kilpatrick’s defense lawyer James C. Thomas vowed that he would appeal the conviction for racketeering and request a new trial. Thomas’s reaction to the conviction of his client was described as “numbing.” An article at Detroit News states that Thomas had laid the groundwork for an appeal during the trial, which took place at City Hall. Pretrial publicity, numerous rulings made prior to the start of the trial regarding the makeup of the jury, and the refusal of a judge to allow Kilpatrick to terminate his lawyer the day prior to the trial beginning are a few of the bases which may be used to appeal the conviction. Kilpatrick attempted to have the trial moved out of Michigan due to saturation in the media, claiming he could not get a fair trial, but was unsuccessful in his efforts.
Upon his conviction Kilpatrick was taken directly into federal custody and denied bond, along with Bobby Ferguson who was convicted on nine counts.
Michigan post-conviction attorneys know it is critical for individuals who have been convicted of a serious crime have a capable and aggressive lawyer to represent them in appealing their sentence or conviction. While no lawyer can guarantee a successful outcome, it is important to secure legal representation of an attorney who will thoroughly investigate your case and fight aggressively for a good outcome; experience in appellate matters makes a tremendous difference.
Ypsilanti Man Accused of Shooting at Cars on U.S. 23 Ordered to Undergo Competency Evaluation
Elmore Ray, a 28-year-old Ypsilanti man, was arraigned on February 27 after being accused of firing a shotgun at vehicles on U.S. 23 earlier that morning. Ray was charged with possession of a short-barreled shotgun, carrying a weapon with unlawful intent, four counts of assault with intent to murder, and four counts of assault with intent to commit great bodily harm. The suspect told Magistrate Elisha Fink, “I didn’t assault anybody, I was just . . . ” before she interrupted and advised Ray that he did not have to say anything.
Shortly after midnight on the 27th, Pittsfield Township police responded to reports of a gunman who was aiming at motorists on U.S. 23 just west of Carpenter Road near Michigan Avenue. Deputy Chief Gordy Schick said that witnesses described the man who was shooting at vehicles as being dressed in a black trench coat and black clothes.
According to news reports at AnnArbor.com, there were no injuries to motorists and no vehicles were struck in the gunfire. Witnesses claimed that Ray used a sawed-off shotgun in the shootings. Ray was placed in the Washtenaw County Jail, where he remains on a $20,000 cash bond.
Ray’s attorneys requested that their client be examined in Ypsilanti at the Forensic Center; prosecutors had no objections to the request made by the Washtenaw County public defenders. Judge Richard Conlin ordered Ray to undergo a psychological competency evaluation.
Michigan assault with intent to commit murder attorneys know that if convicted, Ray will face extremely harsh criminal penalties. Even though no one was injured in the incident, the defendant may face any number of years or even life behind bars if found guilty.
Detroit Man Charged in Triple Murders
On Thursday February 7, three bodies including two women and one man were found dead inside a Detroit home; Detroit police say the victims died of multiple gunshot wounds. Now, 21-year-old Shadell Love has been charged in the deaths of 20 year-old India Coleman, 20-year-old Curtis Clemens, and 25-year-old Lauren Trotty, all of Detroit.
According to the Wayne County Prosecutor’s office, Love has been charged with felony firearm and three counts of first-degree murder. The three bodies were found by a visitor at a home located in the 11000 block of Coyle Street. Love’s next court appearance is scheduled for March 19; he is being held at the Wayne County Jail until that hearing.
A neighbor who lives across the street from the home where the bodies were discovered said that the home had been vacant, and he believed that the victims were squatting there. The neighbor, Limuel Hubbard, said two woman and two children had been staying in the house. A friend of the female victims, Zalika Murray, told news reporters that she had been at the home the evening before playing cards and “smoking weed,” and that the two children who were one and five years old were present when the shooting occurred, but were not harmed.
Limel Hubbard’s granddaughter Syerra Hubbard said that she has faith and knows that nothing will happen to her, that she is used to hearing gunshots in the neighborhood. Other residents of the area said that the police are rarely called because hearing gunshots at night is a regular occurrence. Another neighbor who works at the corner grocery store said that the neighborhood had gone downhill, and that he just tries to mind his own business.
Michigan homicide defense attorneys know that the criminal penalties individuals who are convicted of first-degree murder face are extremely harsh. In fact, a conviction could potentially mean life behind bars. It is critical that individuals arrested or charged with this serious offense consult with an attorney immediately.