Michigan Criminal Lawyers Blog

February 21, 2013

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

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.

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.