Michigan Criminal Lawyers Blog

February 27, 2013

Farmington Court Clerk Killed, Body Dismembered; Boyfriend Expected to Be Charged

Kaitlin Hehir, a 29-year-old Farmington court clerk, was recently murdered and her body dismembered, according to news reports at CBSnews.com. Hehir’s 28-year-old boyfriend, whose name was not revealed, is expected to face charges in her murder. He also lived in the home where sections of Hehir’s body was found in five-gallon tubs on Saturday. The tubs were located in the garage and basement of her home.

Media reports say that Hehir’s colleagues were shocked to learn of her gruesome death. Hehir was reported missing on Saturday evening, February 23 by her boyfriend, who told police that earlier that morning Hehir had picked him up from work and took him home, and that she then went back to a party she had been at on Friday evening. However, friends reported that Hehir did not return to the party, and that they did not see her again after she left to pick up her boyfriend from work.

Later, Hehir’s boyfriend admitted to police that the two had gotten into an argument, and that it had turned physical. A search of the home performed by police revealed bloody plastic according to the Farmington Public Safety Department.

Police obtained a search warrant, and subsequently searched the home for Hehir’s body, which they found had been dismembered by what they believed to be a reciprocating saw. The cause of death has not yet been released, although the autopsy has been completed. The case is currently under review by the Oakland County Prosecutor’s office. Prosecutor Jessica Cooper told reporters that the suspect will remain in the Farmington Jail where he will appear for a swear-to and arraignment before Judge Jamie Wittenberg via video feed.

Charges of murder are extremely serious; Michigan murder defense lawyers know that depending on the circumstances in a given situation, the accused may face life in prison if convicted.

February 26, 2013

34-year-old Comstock Park Man Faces Multiple Charges Following Crash While Driving With Son on Lap

by Scott Grabel

On Saturday February 23, a Comstock Park man crashed his vehicle into a tree on South Nevins Road in Sidney Township; the 34-year-old man was allegedly driving with his son, who is four years old, on his lap. Police pursued the man for a short while; after apprehending him, police say the man got into a fight with a sheriff’s deputy, leaving the deputy injured. The suspect faces multiple charges according to news reports at Mlive.com.

The suspect refused to pull over when the sheriff’s deputy began pursuing him after noticing heavy front-end damage on the man’s 1994 Chevrolet Suburban. The suspect eventually stopped upon arriving at his mother’s home on South Nevins. A fight began after the suspect refused to comply with the deputy’s order; the man was arrested and charged with driving on a suspended license, fleeing and eluding, transporting open intoxicants, resisting and obstructing, and child endangerment. Police believe that the suspect had been consuming alcohol, which contributed to the accident. The little boy was not injured in the crash, although the seat belt was not used. Reports at Wood TV claim that the boy was driving the SUV when the crash occurred.

News reports state that police reports regarding the incident will be forwarded to both child protective services and prosecutors, and that the suspect may face additional charges.

Michigan criminal defense attorneys know that individuals charged with fleeing and eluding, child endangerment and other criminal offenses face serious penalties if convicted. Because the suspect in this case was charged with driving on a suspended license, he will likely face an extended period of suspension. In Michigan, individuals accused of this offense may face fines, jail time, and a like-kind suspension that essentially doubles the original length of suspension.

February 25, 2013

Novi Man Suspected in Deaths of Wife, Children Arrested in India

by Scott Grabel

Lakshminivasa Rao Nerusu has been a suspect in the slayings of his wife and two children since their 2008 deaths in a suburban Detroit home; according to news reports, Nerusu has been on the run since that time, and was recently taken into custody in Andhra Pradesh in India, a city near Hyderabad, according to Novi Michigan police.

Nerusu, who is 46 years old, allegedly murdered his 37-year-old wife Jayalakshmi and two children who were 12 and 14 years of age at the time on October 13 of 2008. The bludgeoned bodies of the victims were found by police two weeks after their deaths while checking on the welfare of the family.

The Novi Police Department received word on Wednesday February 20 that the suspect had been taken into custody. Investigators from the department had been working with the State Department and the FBI in an effort to apprehend Nerusu, who was taken in on warrant issued by the Oakland County Prosecutors Office. The warrant was issued for Nerusu on three counts of first-degree murder.

According to CBS Detroit, it could take several years for Nerusu to be extradited to the U.S. if he contests the extradition, which is being handled by officials from the Department of State and U.S. Department of Justice.

Nerusu was reportedly an unemployed computer programmer at the time of the murders; he fled Michigan one day after the killings, boarding a plane in Detroit for a one-way trip to India. Novi police chief David Molloy said of the capture of Nerusu, “We look forward to Mr. Nerusu returning to Michigan to face the consequences of these horrific crimes.”

Michigan criminal defense attorneys know that individuals who are convicted on charges of first-degree murder face life in prison without the possibility of parole. Without effective and aggressive legal counsel, it is likely that the suspect in this case will spend the remainder of his life behind bars.

February 22, 2013

Marijuana Patient Will Not Be Prosecuted for Giving Another Patient Marijuana According to Michigan Court of Appeals

by Scott Grabel

On January 30, the Michigan Court of Appeals ruled that a marijuana patient who had given another registered patient marijuana cannot be prosecuted. The issue came about when Tony Allen Green gave another patient marijuana in September of 2011 while Green was in Nashville.

Police arrested Green after it was determined he gave marijuana to Thornton, however Thornton was not arrested for receiving the marijuana. A judge in the Barry County District Court probable-cause hearing declined to consider Green’s argument; Green maintained that under Michigan’s Medical Marihuana Act, the transfer between two patients of marijuana was protected medical use. Green was subsequently charged with delivery of marijuana, his case bound over for trial. Green’s attorney surmised that he should have immunity and asked that the judge dismiss the charge on November 28 of 2011, saying that Green should be granted immunity due to the fact that “delivery” and “transfer” are considered under medical use.

Prosecutors in the case argued that Green was not Thornton’s primary caregiver, and that delivery of marijuana was only allowed between primary caregiver and patient. The Circuit Court judge determined, according to the appeals panel, that the law “entitled (Green) to a presumption of medical use, a presumption which the prosecution failed to rebut.”

Because there was no sale involved or money transferred, the appeals panel determined that the transfer of the marijuana was considered “medical use” under the medical marijuana law. The opinion of the appeals court panel was signed by justices Douglas Shapiro, Joel Hoekstra and mark Cavanagh.

Michigan criminal appeals lawyers know that there are instances in which judge, prosecutors, or other officials are not always right. Individuals may be charged with a criminal offense they did not commit, or even convicted. Sentencing may be out of the range of what is considered “normal” according to Michigan sentencing guidelines.

February 22, 2013

Pittsfield Township Police Officer Injured at Burger King Drive-thru by Suspected Drunken Driver

by Scott Grabel

On Valentine’s Day, a Pittsfield Township police officer was struck by a suspected drunk driver in the drive-thru of a Burger King restaurant located almost directly across the street from the police station. The suspect fled the scene, leading police on a short chase. The incident occurred at approximately 1:40 p.m. at the Burger King restaurant located at 6190 W. Michigan Avenue. The officer who was struck sustained minor injuries, according to news reports at AnnArbor.com.

Gordy Schick, Pittsfield Township Deputy Police Chief, reported in a statement that there were two men who were going through the drive-thru window in a 2003 Ford Taurus, and that the men were “causing a disturbance with employees.” The man who was driving was not identified in news reports, but was said to be a 40-year-old Ypsilanti man. He was told by police to park the car, but did not obey orders, according to Schick. The driver of the Taurus then raced through the parking lot at a high rate of speed, striking an officer and knocking him to the ground before leaving the restaurant.

A brief chase ensued which ended shortly thereafter at Michigan Avenue and Saulk Trail Drive. The driver was taken into custody after initially resisting arrest; Schick said that the passenger in the vehicle likely would not be charged in the incident. Police suspect that the driver of the Taurus was intoxicated; charges are pending as the investigation into the incident continues.

Michigan drivers license restoration attorneys know that while individuals who are charged with drunken driving or DUI usually face severe criminal penalties such as fines and potential jail time, one penalty that many never consider is having their driver’s license suspended. This can create a hardship, hindering the individual’s ability to work, take care of family needs, and basically live a normal life. The process of having your driving privilege restored is not always an easy one.

February 21, 2013

22-Year-Old Lansing Man Facing Potential Lengthy Prison Sentence Following Alleged Shooting and Robbery

by Scott Grabel

On Sunday February 10, 22-year-old Christopher Sams of Lansing was arrested after allegedly shooting another man during a robbery. The incident occurred at around midnight at the corner of Southland and Washington avenues, according to news reports.

Robert Merritt, public information officer with the Lansing police, said that the alleged victim had suffered gunshot wounds to his buttocks after he and a friend were followed as they walked home from a local party store, where they had purchased a few items. According to the victim, as the two men followed one of them struck him in the back of the head, demanding money as he brandished a handgun. After denying the suspect’s demand for money, the alleged victim turned and began walking in the direction of his residence; this is when he said that he felt pain in his lower backside after hearing a gunshot. Sams was located and arrested shortly thereafter.

On Tuesday February 12, Sams was arraigned in Lansing District Court on numerous charges including felony firearm, assault with intent to do great bodily harm, armed robbery, carrying a dangerous weapon with unlawful intent and two counts of assault with a dangerous weapon. Upon arresting Sams, police said they did not find the second suspect or the handgun.

The victim’s wounds did require surgery, however his injuries were determined not to be life-threatening. Sams’ pretrial conference was set for February 19 before Lansing District Judge Hugh Clarke; his bond was set at $200,000 cash surety.

If convicted of the charges against him, Sams likely faces many years behind bars. As seasoned Michigan criminal defense lawyers, we know that charges of assault with intent to do great bodily harm carry harsh criminal penalties for those convicted. On its own, this charge can leave the defendant facing a fine of up to $5,000 and up to 10 years in prison. Combined with the other charges, the consequences will be even worse.

February 21, 2013

Michigan Court of Appeals Vacates Judge’s Sentence in Sexting Case for a Second Time

by Scott Grabel

In 2010, Joshua Whittum of Eaton Rapids, who was then 20 years old, pleaded guilty to child pornography charges. The Circuit Judge in the case at the time who is now retired, Calvin Osterhaven, imposed a shorter sentence on Whittum than what was called for under state sentencing guidelines, giving Whittum a two-year sentence. According to The Lansing State Journal, the minimum penalty for this offense under state sentencing guidelines is 3 years and 9 months.

Michigan criminal appeals attorneys understand that a judge may depart from the state’s guidelines if there are clear reasons given to support the decision. According to the appeals court, clear reasons were not given by Osterhaven. On Wednesday February 20, the appeals court reached a unanimous decision and vacated Osterhaven’s sentence; this is the second time the state Court of Appeals has found that the judge “incorrectly imposed” a reduced sentence in this case.

Whittum, who is now 23 years old and in a state prison, pleaded guilty after it was discovered that he was “sexting” with five girls ages 14 to 17, allegedly exchanging nude photos with the girls. News reports also claim that Whittum encouraged some of the girls to send video or audio clips of themselves to Whittum via cell phone which were sexual in nature.

Sentencing hearing transcripts indicate that Osterhaven expressed concern about imprisoning Whittum for an extended period of time; he ultimately gave the defendant two years, saying that while he did not condone what Whittum did, the sentencing guidelines sometimes did not make sense and that in this case, he didn’t really know what justice was.

Ultimately the three-judge appeals court panel felt that Osterhaven’s reasons were too broad, and that he did not “distinguish valid from invalid sentencing considerations.” The case will now go back to circuit court, although it has not yet been determined when it will go before a new judge.

February 20, 2013

Ypsilanti’s Wolverine Grill Target of Burglary

by Scott Grabel

On Tuesday, February 19, the Wolverine Grill in downtown Ypsilanti was broken into; a laptop computer and printer were stolen from the popular restaurant. At the time of news reports at AnnArbor.com, police did not know who committed the crime. Sgt. Dennis Szymankiewicz of the Ypsilanti police said that while they did not know who broke into the establishment located in the 200 block of West Michigan Avenue, the two glass doors which enter the business were smashed.

Kevin Hill, owner of the business, said that the burglary came as a surprise, and that it was the first for the Wolverine Grill, which has been in business for nearly half a century. Hill believed that whoever stole the laptop and printer knew what they were after, as the cash register was not bothered (although it had no cash in it at the time). He also reported that there was no damage to the building other than the smashed glass doors. Although he normally takes the laptop home with him in the evenings, Hill said he did not on Monday evening because he knew he would not need it.

Hill reported that he was involved in a conversation with someone just days before the burglary, and that the conversation was in regards to the lack of break-ins on Michigan Avenue recently. Hill said in news reports that it was “ironic” that the break-in would happen to his establishment just days after the conversation. He is a member of both the Downtown Association of Ypsilanti’s board of directors and the Ypsilanti Downtown Development Authority.

Michigan breaking and entering attorneys understand that while breaking into an establishment in itself is a misdemeanor offense, it is what happens afterward that can lead to serious criminal charges. For instance, an individual who breaks and enters with intent to steal money or property may face up to 10 years in prison if convicted. Penalties may be more severe depending on whether the individual who allegedly committed the crime has a prior criminal record.

February 19, 2013

Ann Arbor Man Pleads Guilty to Two Counts of Unarmed Robbery

by Scott Grabel

On January 11 of this year, the Check-N Go located at 1912 W. Stadium Blvd. was robbed by an armed gunman. James Romell Robinson, a 23-year-old Ann Arbor man, has pleaded guilty to two counts of unarmed robbery; he was initially charged with two counts of unarmed robbery and two counts of armed robbery. The armed robbery counts against him will be dropped in exchange for his guilty plea, according to news reports at AnnArbor.com.

Robinson went into the Check-N Go at approximately 1 p.m. that day, passing a note to a clerk which implied that he had a weapon. Before leaving with the cash given to him by the clerk, Robinson allegedly demanded all of the employees lay down on the floor.

Police were in search of Robinson for a time; Detective William Stanford described Robinson as “armed and dangerous,” and asked anyone with information to call the department or Crime Stoppers. Robinson turned himself in on February 4 after a warrant was approved for his arrest on February 1.

Robinson attended his first court hearing following his February 5 arraignment on Thursday, February 14; he is currently being held on a $25,000 cash bond at the Washtenaw County Jail while he awaits sentencing.

The maximum penalty for unarmed robbery is 15 years in prison.

Michigan unarmed robbery attorneys know that had the defendant in this case not pleaded guilty to unarmed robbery, he could have faced even harsher penalties. In Michigan, even if an individual has no weapon but implies that he/she is armed in an effort to intimidate the victim, that individual may face penalties for armed robbery, potentially being imprisoned for life.

February 15, 2013

Flint Man to Stand Trial in Lansing on Charges of Open Murder in Death of Swartz Creek Woman

by Scott Grabel

In December of 2012, 19-year-old Derrick Martin allegedly killed 22-year-old Schnee Hyon Sin, a Schwartz Creek resident. Martin’s cousin, Devin Allen Scott Wilson, believed that Martin was taking him to eat breakfast at McDonald’s; instead, Martin took him to see the body of Sin, who he said he had hurt according to Wilson’s testimony in Lansing District Court on Friday February 8. Martin has been charged with open murder, felony firearm, and possession of a firearm by a felon.

On December 8, the victim’s body was found near Crego Park in the Red Cedar River. While it was not known if Martin and Sin had any kind of relationship, authorities said Sin died of a gunshot wound. Wilson testified that his cousin had shown him a gun which matched the description authorities gave of the weapon involved in the crime. Initially, Wilson did not tell authorities that he had seen the gun, saying he was scared of the situation and that he had a panic attack.

Kyle Oben, a 21-year-old Flint resident and friend of Martin’s, said that the two hung out together playing video games and smoking marijuana in the early morning hours the day of the murder. Oben also said that Martin showed him a gun matching the murder weapon’s description; he also testified that he took the gun out from under a pillow while Martin was asleep, because “something didn’t feel right.” Later, Oben and Martin had an altercation that ended in gunfire, although news reports do not state that either was injured.

Oben said at the hearing, “I wouldn’t call us friends – he used to get me in trouble.” Scott Mertens, Martin’s defense attorney, said that Oben and Wilson both made statements during testimony that did not match what they had initially told police, and that he believed both Wilson’s cousin and friend were “flat-out lying.” Martin claims he is innocent.