Michigan Criminal Lawyers Blog

March 8, 2013

Federal Appeals Court Decision Likely to End Freedom for Convicted Detroit Killer

In June of 2012, Dwayne Ballinger Jr. was released from prison after a federal judge found that Ballinger’s lawyer was ineffective at trial when Ballinger stood charged with fatally gunning down two men in 2006. U.S. District Judge Arthur Tarnow found that even though Ballinger had been convicted of killing the two men for reasons related to drugs, his counsel had been ineffective in not calling Ballinger’s then girlfriend as an alibi witness. On June 21, Tarnow gave the state of Michigan 90 days to schedule a new trial. Nearly nine months later, Ballinger may find his freedom coming to an end.

Ballinger was initially sentenced to life in prison without parole for the killings. In his June federal court appearance, bizarre circumstances led to Ballinger’s arrest, followed by a quick release just 15 minutes after he was placed in handcuffs. Judge Tarnow released Ballinger on a tether, causing an uproar from the state which argued that Ballinger was a threat to relatives of the victims and witnesses.

A spokesman for the state Attorney General’s Office, Joy Yearout, said following Ballinger’s June release that an emergency appeal would be filed with the U.S. Court of Appeals because Ballinger was a clear threat to the community, and should be behind bars.

On Monday March 4, Dwayne Ballinger Jr. was denied a new trial by a federal appeals court. While the defendant was convicted of killing two men with an AK-47 in 2006, it appears that although he has been accused of threatening victims’ relatives and searching the streets for his rivals (which he denies), he has stayed out of trouble for the nearly nine months he has remained free.

Michigan criminal appeals lawyers know that errors are made in the criminal justice system. Ineffective counsel can leave innocent individuals sitting behind bars, or even those who are guilty facing harsher than usual punishment.

March 7, 2013

Lansing Man Dies from Stab Wounds; Police Name Two Juveniles as Suspects

by Scott Grabel

On Wednesday February 20, a man was found stabbed to death in an Oak Park Village apartment on Lansing’s southside. He was identified by Lansing police as 47-year-old Timothy Taylor. Police responded to the scene at approximately 2 a.m. following reports of a fight.

The death was being investigated as a homicide, although police initially had no suspects. Nearly one week later, public information officer Robert Merritt of the Lansing police announced that two persons of interest had been identified. The names of the suspects were not released due to the fact they are juveniles. Officials did say however that the juveniles are not from Lansing, according to a news report at the Lansing State Journal. As of February 26 the two juvenile suspects had not been arrested or charged, and Merritt declined to give a reason. He said only that, “I’m confident that we have the two players involved.”

Stuart Dunnings, Ingham County Prosecutor, stated that there was a personal relationship between his family and some of the individuals involved in the case; due to a conflict of interest, police said that Eaton County Prosecutor Jeff Sauter would handle the case.

Michigan juvenile crime attorneys understand that even individuals who are considered juveniles may face serious criminal penalties if convicted of a felony offense. In some instances, a juvenile charged with a particularly violent or serious crime may result in that individual being sentenced as an adult. Even though in most cases adolescents are tried in juvenile court and not labeled as criminals, prosecutors often attempt have individuals arrested for some crimes tried in adult court, which means harsher penalties.

March 6, 2013

String of Strong Armed Robberies Leads to Arrest of Five Suspects in East Lansing

by Scott Grabel

A string of strong armed robberies that occurred on Sunday February 17 between the hours of 1:30 a.m. and 3 a.m. have led to the arrest of five individuals, one of them a juvenile. The robberies took placed in Cedar Village and the Valley Neighborhood according to a news report at MLive.com.

The five suspects were arrested by East Lansing Police on March 1. The juvenile was not named, but the adults suspected in the robberies include 17-year-old Davion Dashawn Scott, 17-year-old Dallas Ledesma Benitez, 18-year-old Nicholas Marlon Jackson, and 18-year-old Rodricus Delmere McDuffy. All four of the men are from the Lansing area.

According to Lt. Scott Wriggelsworth, the five suspects were in a vehicle and would approach individuals walking on the streets, asking for directions or change. Upon the victim stopping, the men would then “strong arm” or assault the individual, then steal his or her possessions.

The suspects were stopped a short time later at the Linden-Bailey intersection after police were given descriptions of the suspects and their vehicle. According to Lt. Wriggelsworth, there were eight victims all total and five robberies at various locations; a few of the victims were said to have suffered minor injuries.

The suspects were arrested following the robberies, but were released after processing for further investigation. The four adults were formally charged on March 1, each charged with five counts of unarmed robbery, one count of home invasion, one count of conspiracy and one count of assault with intent to rob.

Unarmed robbery is a serious criminal offense. Michigan unarmed robbery attorneys understand the harsh criminal penalties individuals face if convicted, and the urgency in hiring an experienced lawyer to protect against those penalties.

March 5, 2013

Muskegon County Judge Rules No-Parole Sentence Decision for ‘Juvenile Lifer’ Will Have to Wait

by Scott Grabel

Amy Lee Black has been imprisoned since 1991 for her involvement in murdering then 34-year-old Dave VanBogelen in December of 1990. Black, who was then 16 years old, allegedly bludgeoned the victim during a robbery; her 19-year-old boyfriend at the time was said to have stabbed VanBogelen to death after Black bludgeoned him. She is considered a ‘juvenile lifer,’ and is seeking to get relief from her no-parole sentence based on a June 2012 U.S. Supreme Court decision which says that mandatory life without parole sentences applied in cases involving juveniles is unconstitutional. The problem now is whether the decision should be retroactive.

Last November, the Michigan Court of Appeals ruled that the decision by the U.S. Supreme Court was not applicable to cases which were already decided. The Muskegon County Prosecutor’s Office wants Muskegon County 14th Circuit Judge Timothy G. Hicks to deny Black’s motion for a new sentence based on the fact that in Michigan, the appeals court precedent is binding. However, the decision made by the state appeals court has now been appealed to the Michigan Supreme Court. It hasn’t yet been decided by the Court whether the appeal will be heard.

Ultimately, Judge Hicks has come to the conclusion that Black’s motion for relief can wait until the state’s high court determines whether the June 2012 decision should be retroactive.

This young woman was only 16 years old when she was sentenced to life in prison without parole; opinions on whether she should be able to appeal her sentence understandably differ between the victim’s family members and her own family. However, Michigan post-conviction attorneys understand that there are circumstances in which individuals face sentences which are extremely harsh, particularly in the case of juveniles who ultimately lose their entire future to sit in a prison cell.

March 5, 2013

10-year-old Detroit Boy Killed by Hit-and-run Driver as He Takes Out Trash

by Scott Grabel

On Sunday March 3, a 10-year-old Detroit boy was taking the trash to the curb when he was struck by a red 2000 or 2001 Dodge Ram pickup; he died just a short time later as his mother watched him take his last breaths, according to a news report at ClickonDetroit.com. On Monday morning, Detroit police still had made no arrests in relation to the fatal hit-and-run incident that took the boy’s life.

According to Detroit police, Christopher Sandoval was taking the trash bin to the curb at his residence on Bringard Drive at approximately 1:20 p.m. on Sunday, after his mother had asked him to take care of the chore. The vehicle in question apparently lost control before striking the boy; at this point, both the trash bin and the victim were wedged under the truck, which had a plow on the front and snow blower in back according to witnesses. The driver got out of the truck and removed the trash bin, but made no effort to help the injured boy, according to news reports.

Lisa Sandoval, the boy’s mother, said that she heard him take his last breaths as she ran to his side. She said that she had long enough to apologize to him because she had asked him to carry out the trash, and told him that she loved him and was sorry. She is pleading for the driver who struck her son to come forward, saying that if it was his child, he would want the responsible person to come forward.

The driver of the truck was described by witnesses as a white man with a mustache, possibly in his 30s or 40s. Police are asking anyone who has any information to call the Homicide Unit at 313-596-2200.

This is a heartbreaking and very unfortunate story. Michigan involuntary manslaughter attorneys understand that sometimes individuals in these types of situations experience such shock and panic that they don’t know what to do, and simply drive away. However, the criminal penalties for those convicted of involuntary manslaughter are severe, and include fines of up to $7,500 along with a possible prison term of 15 years.

March 4, 2013

Holland Man Accused in Cold-Case Killings of Sister and Brother-in-law 25 Years Ago

by Scott Grabel

Ryan Mark Wyngarden, a 50-year-old Zeeland man, has been charged with killing his sister and brother-in-law 25 years ago, according to news reports at Mlive.com. On November 23, 1987, Gail and Rick Brink were shot and killed at their Park Township home located on Ransom Street. Wyngarden was arrested after a cold case team began investigating the incident in 2011.

Wyngarden’s wife, Pam Wyngarden, alleges that her husband had told her that he had killed his sister and her husband when the two were dating; she admitted in January of this year that her husband had committed the killings. Pamela Wyngarden told the courtroom that as time wore on, it became increasingly difficult to keep her husband’s secret. As recently as last year, Pam Wyngarden covered for her husband when Venus Repper and David Blakely, two Ottawa County sheriff’s detectives, came calling. She stuck to the story that she had told for years, that she and her husband were babysitting and doing laundry at a friend’s home when the murders took place.

Wyngarden will be kept in a room during courtroom proceedings according to news reports, after Holland District Judge Bradley Knoll tossed him out of the courtroom due to repeated outbursts as his wife testified. Wyngarden accused his wife of lying, saying that “I can’t believe you’re saying all these lies about me. You know it’s all lies.”

Pamela Wyngarden told the courtroom that she met her future husband shortly before the killings took place, and that he had told her the reason he killed his sister and her husband was that he was “upset” by their relationship. She alleged that Wyngarden had a sexual relationship with his sister when both were teens, and that he was afraid his sister would divulge those details to her new husband.

Rick Brink’s family discovered Gail Brink’s body on a bed with a pillow over her head after becoming concerned that their son had not shown up to work, and driving to the couple’s home. Later, Rick Brink’s body was found in his truck; both he and his wife had suffered gunshot wounds to the head.

Michigan murder attorneys know that without hard physical evidence, it is difficult to convict an individual on charges of murder. So far it appears that Wyngarden was arrested for the murder due to probable cause.

March 1, 2013

Canton Verizon Store Robbed; Four Canton Schools Locked Down as a Result

by Scott Grabel

On Monday February 25, a Canton Verizon Wireless store located on Ford Road was the target of an armed robbery which resulted in four elementary schools in Canton being placed on lockdown. According to news reports at MyFoxDetroit.com, three suspects entered the store, one carrying an assault rifle. The three suspects, who were described as black men, were reportedly wearing masks during the commission of the armed robbery.

The lockdown was lifted on the elementary schools after police apprehended the suspects; according to Canton Police Lt. Debra Newsome, the lockdown was lifted at approximately 12:15 p.m., just over an hour after the robbery occurred. The schools that were under the lockdown include Bentley, Eriksson, Field, and Hoben Elementary schools.

Following the robbery, the three suspects got into a vehicle and fled; when police spotted the vehicle near Saltz and Oakview, they rammed it with a patrol car after the suspects refused to stop, according to a witness, Jack Cardwell. Cardwell explained that once the officer struck the car, the three suspected (who Cardwell described as “kids”) got out of the vehicle and fled on foot toward the woods.

Ironically, the suspects left clues for the police officers, who quickly apprehended the three men. After running out of the woods, the snow on the ground revealed footprints which were pointing in the direction of a storm cellar located on Willard. This is where police found the suspects.

According to Sergeant Mark Gajeski, no weapons were found on the suspects, but there were weapons discovered in the vehicle that Gajeski said would be considered the “automatic weapons” that employees from Verizon reported. No one was injured in the robbery, and police reported that no shots were fired. However, police believe that the suspects match the description of individuals who may have been involved in two other armed robberies in Garden City and Westland.

As all experienced Michigan armed robbery attorneys know, individuals who are convicted on a charge of armed robbery face serious criminal penalties. The minimum sentence is two years in prison; however, when money or property is stolen and a weapon is involved (or even the insinuation of a weapon), those accused may face life in prison if found guilty.

March 1, 2013

Ingham County Prosecutor to Investigate Possible Avenues for Appeal in Dismissal of Case Against Ohio Man

by Scott Grabel

Recently, an Ohio man who had been arrested for critically injuring a Michigan State Police trooper in a crash that occurred in 2011 had his case dismissed by Ingham Circuit Judge Rosemarie Aquilina due to insufficient evidence. Prosecutor Stuart Dunnings III will now investigate whether there may be grounds for appealing the dismissal according to news reports.

The Ohio man who was charged in the case, Mark Kollar, allegedly failed to use proper care while passing state police Trooper Drew Spencer as he performed a traffic stop on I-96 in the vicinity of Fowlerville and Webberville. Kollar allegedly struck Spencer as he was driving eastbound and lost control of his Chevrolet Malibu. Spencer recovered from a severe head injury and returned to work as a trooper in December of 2011. Kollar is said to be an attorney in the Cleveland, OH area; he is 51 years old.

The judge in the case said there is simply not enough evidence to support the felony charge of failing to use due care when passing a stationary emergency vehicle causing injury against Kollar. Although acquittals determined through insufficient evidence even when based upon an egregiously erroneous foundation cannot be appealed, Dunnings says that he will analyze the transcript from Kollar’s trial to see if there may be other legal issues that may be considered grounds for an appeal.

Michigan criminal appeal lawyers understand that while the prosecutor in this case desires to appeal in order to have an opportunity to obtain a conviction of the defendant, it also works the other way around. For instance, you may have been convicted of a crime and for any number of reasons your defense attorney may be able to have your conviction dismissed or sentencing reduced through the Michigan Court of Appeals. Mistakes are made in the legal process; innocent people are sometimes convicted of crimes they did not commit, or sentenced much harsher than what is considered normal according to sentencing guidelines.

February 28, 2013

Winans Gospel Quartet Family Member Gets Prison Time for Ponzi Scheme

by Scott Grabel

Michael Winans, son of famed gospel quartet member Michael Winans Sr. of The Winans, was sentenced in a federal courtroom to 14 years in prison on Wednesday, February 27 for his role in a multimillion-dollar Ponzi scheme. Prosecutors recommended Winans be sentenced to at least 12 1/2 years; Judge Sean Cox exceeded that time when handing down Winans’ sentence. The defendant was also ordered to pay nearly $4.8 million in restitution to more than 1,000 victims along with a fine of $175,000.

News reports state that Winans will spend time in federal prison after it was found that he was defrauding investors while operating an $8 million Ponzi scheme through the Winans Foundation Trust. Winans pleaded guilty of the offense in October of 2012. While he lives in Jessup, Md, Winans allegedly had recruited 11 investors in the beginning days of the Ponzi scheme, those investors eventually recruiting hundreds more across many states. Ultimately, more than $8 million was collected from investors, who were led to believe they were investing in crude oil bonds in Saudi Arabia.

According to The Detroit News, Winans took money from investors during the time period from 2007 and 2008, although he was aware that the bonds were not legitimate. The defendant promised a two-month turn around on their investments, saying they would get 100% of it back in that time frame; however, Winans was allegedly using that money to pay off initial investors and for his own personal use.

Winans told the judge, “There was zero malicious intent on my part. This investment was presented as a good thing to me, and I wanted people to have a better life.” Wayne County Prosecutor Kym Worthy stated that Michael Winans will be spending his time in federal prison, and that the “many” victims of his scheme can rest easier with the knowledge that he has been convicted.

Michigan fraud defense lawyers understand the serious criminal penalties individuals face when convicted on charges related to money laundering, including Ponzi schemes. Even in this case, the defendant is 30 years old; he will likely be middle age by the time he is released from prison – and the monetary fines are tremendous.

February 28, 2013

Man Serving Life Without Parole for Murder Conviction Denied Appeal for New Trial

by Scott Grabel

Mark Abraitis, a 26-year-old Saginaw man who was convicted of murdering his girlfriend in 2011, has been denied an appeal for a new trial by the Michigan Court of Appeals. Abraitis was sentenced to life without parole, and is now serving out his sentence at the Oaks Correctional Facility in Manistee.

The defendant was charged with first-degree premeditated murder after being accused of shooting Francine Conversa-Redburn on April 25 of 2011. Abraitis appealed his sentencing, asking for a new trial based on several claims including one that he believed the evidence for a jury to determine that the murder was premeditated was insufficient. Appellate judges did not agree with Abraitis’ assertion, and denied his appeal.

According to news reports at Mlive.com, testimony indicated that Abraitis and the victim worked together at a Saginaw Township restaurant, and that they were involved in a relationship. Conversa-Redburn allegedly broke off the relationship the night before the shooting, which took place early the next morning. Testimony at the trial indicated that the defendant took the victim, who was 48 years old, from her residence to a field in Swan Creek Township along Thomas Rd. where he shot her in the head, then moved her body into a ditch filled with water and covered it with cardboard.

While Abraitis felt that the evidence was insufficient to show that the murder was premeditated, he also claimed to have inefficient counsel, saying that his attorney should have presented an insanity defense. The defendant also claimed that two autopsy photos were erroneously admitted by the judge in the case, and that his attorney, Eldor Herrmann, should have sought a change of venue and an independent psychological examination. The appellate judges disagreed with all of the claims made by Abraitis, denying his appeal for a new trial.

Michigan post-conviction defense attorneys understand that winning an appeal is not easy, and requires the expertise of a skilled and capable lawyer. Many individuals are wrongly convicted or receive sentences they feel are extremely harsh in comparison to the crime they have been accused of committing.