Michigan Criminal Lawyers Blog

February 15, 2013

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

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.

February 15, 2013

Michigan State Trooper Shot While in Pursuit of Suspected Armed Robbers, Expected to Recover

by Scott Grabel

On Monday February 11, a 12-year veteran of the Michigan State Police was shot in the leg while in pursuit of individuals suspected in armed robberies which have occurred on Detroit’s east side recently. The trooper, who was unnamed in news reports, was taken to an area hospital where he is expected to fully recover, according to Lt. Mike Shaw.

Many homes in the Detroit area are vacant, presenting a real danger as troopers searched the area in pursuit of two suspects who had fled following a traffic stop. The suspects were wanted in connection with several armed robberies which had occurred over the weekend. According to news reports at the Detroit Free Press, the suspects were impersonating police during the commission of the robberies.

Lt. Shaw told news sources that Michigan State Police officers were alerted by Detroit police investigators to stop a vehicle which was suspected in connection with the robberies. M.S.P. stopped the vehicle in the area of Townsend and Gratiot just before 4 a.m. Upon the stop, four suspects fled on foot down Townsend, leaving police searching the abandoned homes in the area to locate the suspects. This is when the shooting occurred, leaving the trooper with a leg injury.

Two suspects were arrested immediately following the shooting, however the other two suspects had not been located at the time news reports were released.

Michigan armed robbery attorneys understand the serious consequences individuals who are convicted of armed robbery face. At a minimum, you will face two years in prison; however, when force or violence is used, property or money stolen and a weapon is present or even insinuated, you may spend 15 years to life behind bars. The additional crime of shooting a police officer will no doubt result in even harsher penalties if the suspects in this incident are convicted of the crimes they are accused of.

February 14, 2013

Moving Out of Michigan? Restoring a Revoked Driver’s License

by Scott Grabel

If you have been convicted on charges of DUI multiple times in Michigan, your driver’s license may have been revoked. While you may not have given it much thought, if you decide to move to another state it won’t be as easy as applying for a driver’s license in that state. In fact, it’s quite a complex process to have your driving privilege restored; this is why it is recommended that you consult with a Michigan driver’s license restoration attorney.

So, what exactly happens if you establish residency in another state and your drivers license has been revoked in Michigan? Essentially, you must complete a Michigan drivers license restoration appeal successfully in order to obtain clearance. If the process goes smoothly (which is not a given), the way should be cleared so that you can obtain your license in the state you have relocated to.

Basically, there are two options for having your license restored in Michigan, so that you can obtain a driver’s license in your new state of residence. You may choose to file an administrative review, which is done through mail and bypasses the appeal hearing, or you may attend the live hearing in person. Either way, there is a substantial amount of documentation necessary to be successful in having your license restored. Your Michigan driver’s license restoration lawyer can guide you through the process to ensure that you have completed all required documentation correctly, so that you have the best chance of success.

Whether you choose to file an administrative review by mail or attend the hearing in person, you will be required to submit documents which support your sobriety. These documents may include letters from family members, sign in sheets demonstrating your attendance at AA meetings, or treatment records. You must also submit a Substance Use Evaluation which will be provided by a substance abuse counselor. Depending on your own particular situation, there may be additional documentation required; your attorney can help you to ensure all of the necessary support documents are filed.

February 14, 2013

Gun Charges Against Craig DeRoche Dropped Following Michigan Court of Appeals Ruling

by Scott Grabel

According to the Michigan Court of Appeals, individuals cannot be charged with a crime when they are found to be intoxicated inside their own homes and own a firearm. In 2010, former state House Speaker Craig DeRoche was charged by Novi police with possessing a firearm while intoxicated. The charge stemmed from an incident in which DeRoche was allegedly involved in a dispute with a neighbor, who called police.

Initially, the charge against DeRoche was dismissed by a district court based on the Constitution’s Second Amendment rights. The prosecutor in the case then appealed, however the dismissal of the charge was upheld by the appeals court based on an unlawful search.

According to news reports, the appeals court found that, “The government cannot justify infringing on defendant’s Second Amendment right to possess a handgun in his home simply because defendant was intoxicated in the general vicinity of the firearm. Accordingly, the district court did not err in finding the MCL 750.237, as applied to defendant, was unconstitutional.”

The three-judge panel cited the Second Amendment in upholding the dismissal of the charge against DeRoche, saying that he was not engaging in behavior which was unlawful. The panel also determined that DeRoche was not in possession of a handgun to be used for any unlawful purpose.

DeRoche had a history with alcohol, and in fact was found guilty in 2010 on a charge related to drunken driving. According to DeRoche has no works for Justice Fellowship, a prison reform group, and has been sober since 2010.

February 13, 2013

Michigan Court of Appeals Upholds First-Degree CSC Conviction of Saginaw Man

by Scott Grabel

James W. Gunn, a Saginaw man convicted on charges of first-degree criminal sexual conduct in October of 2011, will not get a new trial according to news reports. Gunn was convicted by a jury in Saginaw County Circuit Court on October 12 of forcing a woman at a convenience store to drive to a school parking lot on Saginaw’s west side where he forced her to perform a sex act. He was also accused of kidnapping, but was acquitted of the charge.

A news report at Mlive.com claims that the victim was unable to identify the defendant until she came across his picture in Mugshot Magazine. The alleged incident occurred on August 1 of 2008 when the then 31-year-old woman went to the store to purchase beer, and was allegedly grabbed by the neck and forced back into her car by Gunn. The woman testified that after performing the sex act, an SUV arrived at the parking lot and the defendant then left her vehicle and sat in the SUV, which eventually left.

Gunn stated during his testimony that the alleged victim approached him while he was with two friends, asking Gunn if he knew where she could purchase crack cocaine. He alleged that after giving her directions to a crack house, she requested that Gunn drive her to the location in her vehicle. Gunn also testified that after driving to the school, he called the drug dealer repeatedly, but got no answer. He also said that the alleged victim was the one who suggested sex, and that he did not strike her as she had accused him of.

Gunn and his attorney, George C. Bush, appealed the conviction due to inconsistencies in the woman’s story, and the fact that the judge in the case would not allow the officer to be recalled to the stand regarding those inconsistencies. Gunn’s lawyer said that the woman lacked credibility because she could not recall whether her intentions in going to the convenience store was to purchase beer, or flirt with the store clerk.

Ultimately, the appeals court judges determined that the reason the victim went to the convenience store was irrelevant, and that those particular details did not apply to the sexual assault directly.

The earliest possible date for Gunn’s release from the Oaks Correctional Facility in Manistee is June 16, 2029.

Michigan criminal appeals attorneys understand that there are instances in which legal errors are made, leading to the conviction of innocent people. In other cases an individual may receive a harsher sentence than what is usual for the crime he or she is accused of committing.

February 12, 2013

Retrial Postponed for Superior Township Man Accused of Scalding 3-year-old Boy in Bathtub

by Scott Grabel

Harvey Wince, a 22-year-old Superior Township man who was charged with first-degree child abuse and torture for a March 2012 incident, was scheduled for retrial after the jury was unable to reach a verdict in his November 2012 trial. The retrial has been postponed until March 18 so that James Fifelski, Wince’s defense lawyer, can have additional time to review transcripts from the November trial. Judge Darlene O’Brien agreed to the postponement.

At the time of the alleged crime, Wince was 21 years old. Wince is accused of placing a boy who was 3 years old at the time in a bathtub of scalding water so hot that some of the victim’s skin came off. Wince was babysitting the boy at the time the alleged crime took place; news reports at AnnArbor.com state that the 3-year-old boy suffered bite marks to his arm, bruising, and first-, second-, and third-degree burns on more than 20% of his body. The boy and his mother lived nearby Wince’s MacArthur Boulevard and Superior Township townhouse when she dropped her son off at his home on March 31. The alleged victim and his mother’s names were not released in news reports.

Wince’s bond was set at $50,000, which Judge Melinda Morris ruled to keep after Fifelski requested that she lower it to 10% of $5,000. The judge declined to lower bond after Blake Hatlem, Assistant Washtenaw County Prosecutor argued to keep the original bond because of the severity of the charges, and the likelihood of a conviction.

The mother of the boy had Wince baby sit while she was away at work. She testified that when she returned from work at about 4:30 p.m., the boy was fine. She left her son with Wince again the same evening while she went to check on her father, who lived in Ypsilanti. When she called Wince a few hours later to check on her son, she said that he told her that the little boy had gotten into a spat with two other toddlers while playing outdoors, that he had vomited, and that he had given him a bath. Court records also state that Wince told the boy’s mother that his skin was red. The boy’s mother said that upon returning to Wince’s home, she noticed that her son was burned, and that some of his skin was gone, which Wince had swept up and thrown in the garbage.

Wince said that the boy must have turned the hot water on himself after Wince had left the boy in what he described as “lukewarm” water to play a video game in the living room. Fifelski stated that he will vigorously defend his client, and that he believes they have a “very strong” defense.

These types of charges are extremely serious; Michigan child abuse defense attorneys know that if convicted on a charge of first-degree child abuse, individuals may face up to 15 years in prison.

February 11, 2013

Former Zeeland Attorney Pleads Guilty to Mail Fraud; Allegedly Steals $800,000 from Clients’ Estate Trusts

by Scott Grabel

Kenneth Hoesch, a former Zeeland attorney and city Board of Public Works chair, recently pleaded guilty to mail fraud; he will now face 6 1/2 years in prison after being sentenced by U.S. District Judge Robert Jonker. Federal sentencing guidelines, which are only a baseline designed to assist judges in handing out a fair sentence, called for a minimum sentence of 63 to 78 months. Hoesch was sentenced to 78 months in prison and three years supervised release, according to the Holland Sentinel.

Hoesch allegedly stole approximately $800,000 from clients’ estate trusts in a mail fraud scheme. Edwin Vander Ploeg, one of Hoesch’s former business partners, told the judge that Hoesch betrayed the confidence of his own family, workers, and his clients. News reports claim that Hoesch left his role at the law firm and resigned his law license, leaving his partners stunned and left to deal with clients who were “devastated.”

While Hoesch admitted stealing the money from clients’ trust funds, the government also believes that the former attorney obtained more than $700,000 additionally in loans by providing misleading and false information, according to court documents. Hoesch’s victims claimed that while he supposedly assisted with helping dying family members put their estates in order, he was actually taking the money for his own personal use.

Vander Ploeg alleged that it was determined by investigators that Hoesch, who was thought of as a “pillar of the community,” began stealing money from clients in 1995. He ultimately became a suspect and investigations began in 2010 after he allegedly stole money that was to go to the American Cancer Society.

Hoesch was genuinely remorseful according to defense attorney Richard Zambon; he also apologized to his victims as he addressed the court, saying “I’m sorry for all that I have done. The stealing, the lies, and most of all, the betrayal of your trust.”

Several organizations participated in the investigation, including the U.S. Secret Service, the Criminal Investigation Division of the IRS, Ottawa County Sheriff’s Department and the U.S. Postal Inspection Service.

February 8, 2013

Michigan Court of Appeals Remands Drug Delivery Case Back to Trial Court for Resentencing

by Scott Grabel

Recently, Jesse Anthony Collins’ conviction for delivering 50 to 450 grams of heroin was vacated by the Michigan Court of Appeals, who stated that by allowing the prosecutor to aggregate several small deliveries of heroin (28 grams or less) into one drug crime, the trial court had erred. Collins’ case will now be sent back to trial court for resentencing.

There are certain elements that must be present in order for the prosecutor to prove a defendant’s case in regards to drug delivery. For example, to be convicted of delivery of 50 to 450 grams of heroin, it must be shown that the defendant did in fact deliver, that the amount involved was 50 to 450 grams, the illicit substance was heroin or a drug mixture containing heroin, and that the defendant had the knowledge he was delivering heroin. In the case of Jesse Collins, 28 grams was the most delivered in any single circumstance. Under Michigan’s statutory definition of drug delivery, the indication is that the amount of drug an individual is accused of delivering is that related to a single transfer, not several transfers over a prolonged time period.

Collins appealed the jury trial conviction for delivery of 50 to 450 grams of heroin before Douglas Shapiro, Kathleen Jansen and Karen Fort Hood, who found that the conviction was invalid. The appeals court remanded the case to trial court for vacation of the conviction, and for resentencing on other convictions including possession with intent to deliver less than 50 grams of heroin. All of Collins’ separate convictions were remanded for resentencing due to the fact that the appeals court felt that these sentences may have been partially based on information that was not accurate.

Michigan criminal appeals attorneys know that mistakes are made in the courtroom, as evidenced by the case above. This frequently leaves individuals who are convicted of a crime facing harsh penalties for a crime they may not be guilty of.

February 8, 2013

Indiana Man With No Driver’s License Leads Michigan State Police on High-Speed Chase

by Scott Grabel

On Wednesday, February 6, an Indiana man with no driver’s license lost control of his vehicle and landed in a ditch approximately one mile west of U.S. 127 following a high-speed case with Michigan state police. The man, 30-year-old Devon Dale Schwartz of Nappanee, IN was initially pursued due to having dark tinted windows on his vehicle; now he faces charges of delivery/manufacture of methamphetamine according to Cadillacnews.com.

State police attempted to pull the driver of the 1996 Buick over near the Boon Road exit on southbound U.S. 131. Schwartz then accelerated, leaving the expressway at M-55 and continuing in an eastward direction at speeds of 100 mph and higher. As police continued in pursuit of the Buick, they headed north through Lake City on M-66, then back east again on M-55 where speeds reached 105 mph and more according to news reports.

Eventually, Houghton Lake state police set up Stop Sticks to deflate the tires of the vehicle in order to stop the driver. This was done in Roscommon County on M-55 near County Road 300. Upon hitting the Stop Sticks, Schwartz lost control. The chase spanned three counties including Wexford, Missaukee, and Roscommon. The suspect was initially charged with having no driver’s license, tinted-window violation, and fleeing/eluding police, although it was discovered later that he is suspected of dealing drugs.

Schwartz was arraigned in Wexford County’s 84th District Court and is being held on $2 million bond.

It isn’t clear whether the driver in this incident has ever had a driver’s license, as news reports simply state he had no license. However, as Michigan driver’s license restoration attorneys we understand the obstacles individuals who have had their licenses suspended or revoked face. Without a license, the common tasks of everyday life become difficult or impossible.

February 7, 2013

Identification of MLK High School Student Shot by Coach Confirmed

by Scott Grabel

On Friday, February 1, a Martin Luther High School student was fatally shot at approximately 7:30 p.m. by the girls’ assistant basketball coach. The student has been verified as 16-year-old Michael Scott, who according to district spokesman Steve Wasko had enough credits to be considered a freshman, although he attended the MLK Jr. High School.

Coach Ernest Robinson, 70 years old, is licensed to carry a concealed firearm and a Detroit Police Department reservist. Robinson claimed that as he was escorting two female students to their vehicles in the school’s parking lot, Scott and another teen, who were armed, attempted to rob him and attack him. He then took out his gun and fired it, according to news reports.

Scott died after being shot; the other teen was reported in serious condition at a local hospital.

Scott may have been influenced by a new group of friends he had been hanging out with, according to family members who believed he was headed down a wrong path. The 16-year-old was also scheduled to attend trial in March in connection to an armed robbery at a pizzeria in December of 2012, according to court records.

Scott’s mother had stated that her son was a junior at the school, however DPS reported to a local news station that the teen was not enrolled in the school district at the time the shooting took place.

Investigators plan to analyze footage from surveillance cameras to determine what happened, and say that the cameras will play a crucial role in the investigation. Currently, Robinson has been released from custody and has not been charged. Detroit police would not reveal whether the case would be forwarded to the Wayne County Prosecutor’s Office for review; on Monday, a prosecutor’s office representative said that no information had yet been received from police.

For Michigan criminal defense attorneys, this is a very sad and unfortunate situation. However, it hasn’t been made clear yet whether the basketball coach may be charged in the death at a future date, even though it appears he was acting in self defense. There are many individuals sitting in Michigan prisons today who were only trying to protect themselves and their lives.