Zachary Jacob Vaughn, a 24-year-old DeWitt man, was recently charged in a string of home invasion incidents in the East Lansing area which took place between January 11 and January 17, according to the Lansing State Journal. Most of the alleged crimes occurred in the Bailey neighborhood.

Vaughn is believed to have committed nearly a dozen home invasions in the area recently. On January 17, East Lansing police were dispatched following a report of a home invasion in progress in the 900 block of Roxburgh Avenue. Upon their arrival, Vaughn allegedly fled on foot, resulting in a brief chase by officers who apprehended and then arrested him.

Police state they have linked Vaughn to at least nine home invasions after investigating, although it is believed he was involved in more. Vaughn currently faces three felony counts of home invasion following his arraignment in East Lansing District Court; news reports claim that there are five additional counts pending against him, all related to home invasion. Vaughn also faces a charge of felony receiving and concealing stolen property in Eaton County.

Michigan criminal defense attorneys know that the penalties an individual may face if convicted on charges of home invasion often depend on whether the charge was first-degree, second-degree, or third-degree, and whether the individual has a prior criminal record. If convicted on a charge of first-degree home invasion, and individual may face fines of up to $5,000 and up to 20 years in prison. A conviction for third-degree home invasion could potentially leave you facing fines of up to $2,000 and up to five years in prison.

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Robert Schwander, son of a Grand Traverse County sheriff’s department deputy, was sentenced to 40 to 70 years in prison by Circuit Judge Thomas Power after being convicted on a charge of second-degree murder. Now, the Michigan Court of Appeals has ordered Power to provide an explanation as to why the sentencing guidelines were exceeded in the case. Schwander was convicted for killing 16-year-old Carly Jean Lewis in June of 2011.

News reports claim that Schwander had lived with Lewis’s family on a temporary basis after being kicked out of his own home. When Lewis went to visit Schwander in an abandoned building where he was living at the time, she allegedly noticed that Schwander had possessions from her family’s home. The two allegedly fought before Lewis died; Schwander eventually revealed to police where he had buried her body, after denying that he had harmed her. Police found Lewis’s blood along with a pair of scissors in the abandoned building.

While several challenges the defense had brought forward were dismissed by the appeals panel, justices Douglas Shapiro and Joel Hoekstra determined the sentence handed down to Schwander to be “an extraordinary departure” from sentencing guidelines. While the majority of the panel felt that there was sufficient reason to justify some measure of departure from the sentencing guidelines due to Schwander’s failure to call for medical help and his betrayal of the victim’s family’s trust, they did find that the trial court did not clarify why the reasons justified imposing a minimum sentence on Schwander which was nearly double the highest minimum sentence under Michigan sentencing guidelines.

State sentencing guidelines typically call for minimum sentencing of 13 1/2 to 22 1/2 years for second-degree murder; two of the three appeals panel justices felt that Judge Power had failed to articulate on the reasons he exceeded sentencing guidelines by such an extreme measure.

Michigan homicide defense attorneys understand that criminal penalties in the state are extremely harsh, and that in some instances such as the above, an individual faces penalties which are a severe upward departure from minimum sentencing guidelines.

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Two brothers were accused of abducting and shooting a man in Superior Township in September after forcing the man to get into a car in Ypsilanti at gunpoint, then shooting him several times in a rural area. The alleged victim, Julien Butler, testified that the brothers, 23-year-old Clinton Desir and 26-year-old Allan Tomlinson , abducted and shot him.

Butler testified in court in September that Tomlinson and Desir picked him up at the Lucky Two Party Store on the afternoon of August 10, 2012 and ordered him into a vehicle at gunpoint. Butler had allegedly raped the mother of Desir’s child, although he denied it. Butler said that he told the two men she way lying about the sexual assault.

Now, Tomlinson has been found guilty by a jury of multiple felony charges, while Desir pleaded no contest on January 28 to numerous charges, including conspiracy to commit unlawful imprisonment, carrying a concealed weapon, and assault with intent to murder.

Tomlinson was convicted on several charges as well, including two counts of assault with intent to commit great bodily harm, two counts of assault with a dangerous weapon, two counts of unlawful imprisonment and being a felon in possession of a firearm. Both Tomlinson and Desir are scheduled to be sentenced on February 26.

In all, the victim suffered 13 wounds which resulted in severe injuries to his thigh, buttocks, testicles and hip. The two brothers remain incarcerated in the Washtenaw County Jail while awaiting sentencing.

While Desir may receive lighter sentencing due to the fact he pleaded no contest, Michigan criminal defense attorneys know that those charged with multiple crimes often face years in prison, potentially decades. Even on one charge alone, such as assault with intent to commit murder, an individual may face any number of years or even life behind bars. The crimes allegedly committed by these two men are extremely serious, and when combined, could leave them spending the majority of their lives in prison.

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Babubhai “Bob” Patel, a 50-year-old Canton man who owned 26 pharmacies in the Detroit area, was sentenced on February 1 to 17 years in prison for what federal investigators called an “elaborate scheme” to defraud Blue Cross Blue Shield, Medicaid, and Medicare. Patel was also ordered to pay restitution of $18.8 million.

News reports indicate that Patel was never released from custody after being arrested in August of 2011. Patel’s trial was approximately one year later; jurors found him guilty following the six-week trial, according to federal court records which indicated he was convicted of distributing controlled substances and conspiracy charges in addition to health care fraud.

It was found that between 2006 and 2011, the pharmacies owned by Patel billed more than $57 million to Medicaid and Medicare; an investigation by DEA, FBI and Health and Human Services agents allegedly revealed that at least 25% of the billings were for drugs which were never dispensed, or medically unnecessary. The U.S. Attorney’s office also claimed that Blue Cross Blue Shield of Michigan was billed for prescription drug transactions which were fraudulent.

Patel was ordered by U.S. District Judge Arthur J. Tarnow to pay $1.5 million to Blue Cross Blue Shield, and $17.3 million to Medicare and Medicaid. News reports state that paid patients, patient recruiters, pharmacists and doctors were involved in the network scheme, and that 25 other individuals have been charged by the federal government. Six of those 25 are scheduled for trial in June, and 19 have already pleaded guilty or been convicted.

Three pharmacists were also sentenced to 5 years, 8 months in prison by Tarnow last week, including Ashwini Sharma of Novi, Brijesh Rawal of Canton, and Lokesh Tayal of Northville. According to the U.S. Attorney’s office, all three will be deported following their release from prison, as they were working under a visa program in the U.S. and were non-citizens.

Defrauding Medicare, Medicaid and other government run programs will lead to serious criminal penalties, as evidenced in this case. Michigan fraud defense attorneys are skilled in this area of the law, and will fight aggressively to minimize the damage to those accused of these types of crimes.

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Sheila Fandrick, a 61-year-old Lansing Township woman, was recently arrested after she allegedly shot at the driver of a snow plow she had hired to work at her residence in the 700 block of Dryer Farm Road.

According to police, the 55-year-old driver of the snow plow said that at around midnight, Fandrick fired a round at him from inside her house, the bullet lodging in a passenger seat after shattering the snow plow’s window. Lansing Township police attempted to take the woman into custody, but she refused to leave. The Michigan State Police Emergency Services Team was then called in to assist, and Fandrick was arrested before being taken to Mason’s Ingham County Jail.

News reports did not reveal the motivation for the shooting. Fandrick was arraigned on one charge of felonious assault in Ingham County District Court on Sunday, January 27. Court records indicate that she posted a $7,500 bond on Monday. Fandrick was also ordered by Judge Thomas Boyd to surrender all firearms to Lansing Township police. A pretrial conference is scheduled for February 5, followed by a February 7 preliminary examination.

Michigan criminal defense lawyers know that individuals convicted on charges of felonious assault may face up to $2,000 in fines and four years in prison. Additionally, if it is determined the crime was committed in a weapon-free school area, the penalties become even more harsh, including fines of up to $6,000 and a possible 150 hours of community service. Not only do individuals who are convicted of serious crimes face possible jail time and steep fines, a criminal record will negatively impact career and employment opportunities as well as other areas of your life.

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In August of 2011, Junior Lee Beebe Jr. was found guilty of murdering his girlfriend, 36-year-old Tonya Howarth, and 30-year-old Amy Henslee, Beebe’s cousin’s wife. He was convicted on a first-degree murder charge in the death of Howarth, and one count of second-degree murder in the death of Henslee.

Now, the Michigan Court of Appeals has upheld the murder convictions, after Beebe’s attorneys argued there was insufficient evidence to support the convictions.

Beebe was convicted of shooting the two women in January 2011, however a Michigan state police detective testified during the trial that Beebe claimed Howarth found Beebe and Henslee together in the house trailer where he lived, and proceeded to shoot Henslee. Beebe told the detective that he shot Howarth in self defense. The bodies of Howarth and Henslee were found in close proximity to the trailer in a shallow grave. Beebe did not testify in his own defense.

James Henslee, husband of Amy Henslee, said following the conviction that he was “thrilled” that his cousin was found guilty of murdering his wife. He further went on to say, “Where there’s God there’s a way and he came through today.”

The Michigan Court of Appeals disagreed with Beebe’s defense attorneys’ claims that the evidence against their client was insufficient, saying that the jury simply did not believe the story in which Beebe claimed Howarth shot Henslee, then acted in self-defense, and that Beebe was the only witness to the shootings.

Beebe was sentenced to two life terms in the killings.

Michigan murder appeals attorneys know that judges are supposed to remain impartial when instructing a jury or answering questions, and that jurors are supposed to have no preconceived opinions regarding defendants in murder cases; however, this is not always the case.

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Alfred Harris Jr., a former Spaulding Township man who is now 42 years old, was convicted on 14 counts including three counts of second-degree CSC and eleven counts of first-degree CSC by a jury in August of 2011. Harris was sentenced to 18 years plus in prison.

Harris appealed his conviction on the basis that there was not sufficient evidence to show that he was living in the home with the alleged victim, which was the reason he was charged with first-degree criminal sexual conduct. Had Harris not lived in the home, the charges would have been third-degree, resulting in a lighter sentence. However, appellate judges Jane Markey, Michael Kelly, and David Sawyer felt that there was sufficient evidence to show that Harris did live in the home.

An Mlive.com news article from August of 2011 indicates that Harris allegedly assaulted a teenage boy who lived in the home 14 times. The assaults took place in Saginaw Township between September and November of 2009.

The appellate judges wrote that the defendant did live in the home for approximately two months, and that he ate meals and had clothes there. Additionally, testimony from witnesses indicated that Harris was staying in the victim’s bedroom at one point, and that the boy saw Harris as a father figure. The judges went on to day that, “In other words, Harris was not just a person who slept on the couch.”

Harris remains in the Saginaw Correctional Facility, where he will spend 18 years and nine months to 40 years. His earliest possible release date is February of 2029. Should Harris remain incarcerated for 40 years, he will be 80 upon completion of his sentence.

As Michigan criminal appeal attorneys, we realize that those convicted on charges of sexual assault, rape, and other sex-related crimes face serious and often life-changing consequences. Substantial prison time and being labeled a sex offender for life are two of the penalties many face. Frequently, careers, futures, and lives are ruined forever. Depending on the facts of the case, it may be possible to have your conviction overturned.

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On Christmas day of 2012, 34-year-old Darwin DeMarcus Weathers died at Spectrum Health Butterworth Hospital following a domestic dispute in which he was shot at least one time by his girlfriend, 30-year-old Taneesha Inez Smith. Smith admitted to shooting Weathers, however Kent County Prosecutor William Forsyth determined in his ruling on January 28 that Smith will not be charged in the case.

The domestic dispute occurred at around 7:30 in the evening at 57 Leonard St. NE. News reports state that three young children, one believed to be a biological child of Weathers and Smith, were upstairs at the residence when the shooting took place. All three children were said to be younger than 10.

Upon responding to the scene, Grand Rapids police found Weathers in the driveway. Smith told them that she had shot her boyfriend, and was taken into custody. Initially, police sought a warrant to charge Smith with felony homicide, but Forsyth decided against it, saying that he felt she acted in self-defense.

Weathers and Smith had began dating about three years ago, but had known each other prior to dating, according to Smith. The prosecutor outlined several domestic violence incidents in a nine-page opinion, including two in which the victim threatened to kill Smith while pointing a gun at her head.

In September the two lived in Saginaw, where Smith called police following an incident in which Weathers held a gun to her head after shoving her to the ground and telling her, “I’ll blow your (expletive) head off if you move.” Weathers was charged in an 11-count warrant with felonious assault, domestic violence third offense, and possession of a firearm by a convicted felon, although he had not been arrested. Throughout her relationship with Weathers, Smith sought assistance from shelters for sexual assault and domestic violence victims, however Weathers found her after she moved to Grand Rapids.

In early December, news reports claim that Weathers struck Smith on the head after becoming upset about the Saginaw arrest warrants, and told Smith she needed to get the warrants dropped because he wasn’t going to prison. He also pulled a gun on her at that time according to Smith, who told police Weathers said, “I’ll burn you right now.”

Christmas day was a day of reckoning after Weather verbally and physically abused Smith following the departure of guests who were in their home. Ultimately, Weathers pulled a Glock from his pocket and said to Smith, “I got something for you,” after pointing the gun at her head. As he was attempting to put the gun back in his pocket, it slipped out of his hand and to the floor; this is when Smith recovered the gun as both she and Weathers scrambled for it. Smith told police she closed her eyes and pulled the trigger.

Weathers’ history of abuse and assault against Smith led the prosecutor to believe that she was justified in shooting the victim. Forsyth said that Smith had reason to fear great bodily harm or death. She will not be charged in the death of Weathers.

Felony homicide is a serious criminal offense leaving individuals who are convicted facing harsh consequences. Michigan criminal defense attorneys understand that there are many cases like this one, in which one individual is physically or verbally abused and assaulted repeatedly over time.

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Daniel Trevino, a Lansing man who owns HydroWorld stores in Grand Rapids, Jackson, and Lansing, will be put on trial for fleeing and eluding police in an incident that occurred on New Year’s Day, according to news reports at Mlive.com. Trevino sells medical marijuana at the chain of stores. A judge ruled that there is enough evidence to put Trevino on trial after he allegedly failed to stop for a traffic infraction and then proceeded to damage an officer’s patrol car before speeding off.

News reports state that Trevino was observed driving an extensively damaged vehicle by a Lansing patrol officer on New Year’s day in the area of North Grand River Avenue. According to the patrol officer, the vehicle was missing a wheel, rear bumper, and driver/passenger side panels. As the officer attempted to pull Trevino over, he would not stop initially, but pulled over after being pursued for several blocks.

Upon getting out of his patrol car, the officer claimed that Trevino put his vehicle in reverse, ramming it into the patrol car. He then allegedly sped off with the officer in pursuit. Trevino came to a stop after approximately two blocks in the 4000 block of North Grand River Avenue, where he was placed under arrest by the officer. Trevino was ticketed after refusing to take a breath test according to court records. After posting 10% of a $10,000 bond, Trevino was released from jail the following day.

Lansing District Judge Hugh Clarke stated that as a condition of his bond, Trevino is prohibited from using alcohol and controlled substances which are not prescribed to him. Third-degree fleeing and eluding police may subject individuals in Michigan who are convicted to up to five years in prison and a $1,000 fine.

While news reports do not mention it, Michigan driver’s license restoration lawyers know that in Michigan, individuals who refuse to take a breath test could face license suspension for up to two years. While this may seem minor in comparison to prison time, driving is an essential privilege; without this privilege, an individual’s life is severely impacted.

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Michigan driver’s license restoration attorneys know that there are many reasons that individuals’ licenses are suspended. Most people assume that a driver’s license will only be suspended or revoked if they are convicted on charges of DUI, reckless driving, or other traffic violations. The fact is, your license may be suspended for a number of reasons, which we will discuss below.

In the United States, all states have laws which allow an individual’s license to be suspended for reasons which are not related to driving, at the discretion of the state’s motor vehicle agency or courts. Some of the circumstances that may result in your driving privileges being suspended include:

 Failure to maintain proper auto insurance
 Failure to comply with an order for child support
 Failure to appear in court when you have been summoned for a moving violation
 Offenses committed by minors which are drug or alcohol related, other than DUI
 Fraudulently applying for a driver’s license or fraudulent vehicle registration documents
 Unlawful use of or altering of driver’s license
 Convictions for offenses which are drug-related, such as possession, distribution, or other offenses not related to DUI
 Fictitious license registration, inspection, or plates
 Delinquent conduct by a minor
Not all of these reasons for license suspension apply in every state, but most do. Other than DUI or reckless driving, your license may also be suspended for an extended amount of time if you are found driving on a suspended license. Leaving the scene of an accident and accumulation of points on your driving record for “countable” violations and/or accidents will also leave you with a suspended driver’s license.

An experienced Michigan drivers license restoration lawyer understands that having the privilege to drive is essential; it is a lifeline that is critical to living a normal everyday life, so that individuals can get to and from work or school, attend doctor appointments, go to church, run errands, pick up the kids from school and more.

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