Michigan Criminal Lawyers Blog

March 1, 2013

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

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.

February 27, 2013

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

by Scott Grabel

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.