Michigan Criminal Lawyers Blog

March 12, 2013

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.

March 12, 2013

Ypsilanti Man Accused of Shooting at Cars on U.S. 23 Ordered to Undergo Competency Evaluation

by Scott Grabel

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.

March 11, 2013

Detroit Man Charged in Triple Murders

by Scott Grabel

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.

March 8, 2013

Michigan Mayor Sentenced in October 2012 Drunk Driving Incident

by Scott Grabel

Mayor Joe Baxter, Mayor of Scottville in Mason County, was found in October of 2012 to have alcohol in his system approximately 2 1/2 hours after crashing his truck into a ravine at about 8:30 on the morning of the 18th. On March 4, Baxter pleaded no contest to a charge of impaired driving in the 79th District Court in Ludington. Baxter was elected to a second term as Mayor on November 12 of last year.

Baxter’s blood alcohol level was found to be .072 percent at the time he took a breathalyzer test. In Michigan, the legal BAC (blood alcohol content) for an individual operating a vehicle is .08 percent; however, a news report at Mlive.com stated that it is not unusual for results of .072 to be a consideration for a charge of impaired driving by the prosecutor’s office, according to an area attorney and local law enforcement.

Baxter’s defense attorney, David Glancy, said that his client had accepted responsibility for the accident; he also said that medications Baxter takes for chronic lung disorders could have affected the results after taking the breathalyzer test. Baxter claimed that he had consumed about a pint of whiskey the evening prior to the accident, but had not consumed any alcohol the morning of the accident. Baxter was ordered to pay court costs, $1,145 in fines and sentenced to 93 days discretionary jail time. According to Press, he was also ordered to attend a highway traffic safety program and the Victims’ Impact Panel.

While it was not likely the case in this situation, drivers who are found to have a BAC of .08 percent or greater usually face an additional penalty of having their drivers licenses suspended. This creates an incredible hardship on an individual’s life. Driving is a privilege, and when that privilege is taken away it is nearly impossible to live a normal life in regards to getting to and from work, school, or for other important appointments/family issues.

March 8, 2013

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

by Scott Grabel

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.