Michigan Criminal Lawyers Blog

January 29, 2013

Grand Rapids Man Dies Following Christmas Day Domestic Dispute, Girlfriend Will Not Be Charged

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.

January 28, 2013

Medical Marijuana Store Owner to Stand Trial on Drunk Driving Incident Charges from New Year’s Day

by Scott Grabel

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.

January 25, 2013

Driver’s License Suspensions – Reasons Go Further Than DUI or Reckless Driving

by Scott Grabel

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.

January 25, 2013

Michigan Court of Appeals Upholds Second-Degree Murder Conviction for 1993 Murder of 8-year-old Girl

by Scott Grabel

In 1993, Lativia Johnson, who was 8 years old at the time, was shot while getting a glass of milk in her kitchen. The killer remained a mystery until 2011, when Robert Lee Gaines II and Bobby Brown were arrested for the killing.

Bobby Brown told police that he had been robbed and assaulted outside of a party store located near the Johnson residence on Ionia Avenue SW. According to prosecutors, Gaines shot the girl after he and Brown returned to the area. Gaines claimed that he did not pull the trigger, but did tell the court that after not cooperating with detectives during the investigation, he felt guilty.

On Monday, January 9, Gaines was sentenced to 30 to 60 years in prison after being convicted of the killing. During testimony, Brown claimed that Gaines waited in a car while Gaines went inside the home armed with a gun, then returned and told Brown he had shot someone. News reports state that during the trial, there was little clue as to what motivated Gaines, who was well-liked and a sports star, to become involved.

Jennifer Tabor, Gaines’ former girlfriend, testified that on the night of the shooting, he told her that ‘someone small’ fell after he and Brown chased the individuals they had been in an altercation with outside of the party store into the home and Brown fired a shot.

Gaines appealed the conviction, presenting arguments that the prosecution should not have been allowed to present evidence including what he had told Jennifer Tabor, which included that he should respond “Hell, no” if requested to take a polygraph test. The appeals panel felt that this evidence indicated that Gaines had a guilty conscious.

Gaines also argued that reasons for departure from the recommended sentencing guidelines were not articulated by Kent County Circuit Judge James Redford. Ultimately, Gaines conviction was upheld by the appeals panel.

Michigan murder appeals lawyers know that individuals who have been convicted of serious or violent crimes are often innocent, and unfortunately spend many years behind bars. Mistakes are made in the legal process; often times, jurors are sympathetic to victims and their families, and may lose sight of the facts in the case.

January 24, 2013

Williamsburg Insurance Agent Busted, Federal Prosecutor Claims He Preyed on Elderly

by Scott Grabel

William Edward Lowder of Williamsburg has pleaded guilty to one count of filing a false federal income tax return and one count of wire fraud, after it was determined by investigators that the 57-year-old insurance agent was bilking his elderly clients out of their investments. Lowder allegedly stole more than $1 million from elderly clients from 2001 to 2009.

Lowder sold health, disability, and life insurance at his company, Lowder Insurance and Ash Brokerage; he also sold other annuity investment products to clients, according to news reports. Ronald Stella, Assistant U.S. Attorney, wrote in a plea agreement that Lowder began stealing from clients in 2001. The announcement that Lowder had pleaded guilty to the charges was made by U.S. Attorney Patrick A. Miles, Jr., along with Erick Martinez, Internal Revenue Service Criminal Investigation Division Special Agent in Charge, Grand Traverse Sheriff Thomas Bensley, and Robert D. Foley III of the FBI. If convicted of wire fraud, Lowder faces up to 20 years in prison.

Stella wrote that under the scheme, Lowder encouraged elderly clients to liquidate their existing investments and buy new annuities through him, convincing them that doing so would improve returns on their investments. Ultimately, Lowder allegedly used the checks written to him by the clients for his own personal use, depositing them into his bank account rather than purchasing new investments. News reports state that Lowder convinced the elderly clients he was investing their money by preparing false account statements. Allegedly, Lowder used the money to cover his own personal and business expenses, to fund his own trust accounts, and as cash gifts to his wife.

Michigan federal crime attorneys understand that individuals who have been arrested for wire fraud will likely face a substantial number of years behind bars if convicted. Federal crimes are prosecuted vigorously, and the penalties typically more severe than what is handed out at the state level.

January 24, 2013

Former Eastern Michigan University Employee Accused of Killing Wife to Return to Court in February

by Scott Grabel

44-year-old Jean-Pierre Trias is accused of stabbing his wife to death on January 11 of this year. Katherine Porter’s body was found at the couple’s home that afternoon by police with multiple stab wounds. Trias is scheduled to return to court on February 19 for a preliminary exam after being charged with one count of open murder.

The couple lived in the 4700 block of Hickory Pointe Boulevard in Pittsfield Township; police discovered Porter’s body after being called to check on her. The preliminary exam was scheduled for January 22, however it was adjourned until the February date.

Trias is a former EMU faculty member where he was employed as a part-time lecturer. He worked for the university in the mathematics department from September of 2003 until December of last year. Trias coordinated math tutoring and testing services part-time as well.

Matt Harshberger, director of public safety, said that upon arriving at the home there were clear indicators that the death was a homicide, and evidence from a comment made by Trias. It is not known whether there was a history of domestic violence between the couple, or whether they had children together. When police arrived at the home, Trias and Porter were the only two people at the residence.

Executive director of the Safehouse Center in Ann Arbor said that the killing was the first domestic homicide of the new year in Washtenaw County.

If convicted, Trias faces a maximum sentence of life in prison. He is currently being held without bond at the Washtenaw County Jail.

The state of Michigan imposes severe criminal penalties on individuals convicted of violent offenses including open murder. However, Michigan criminal defense lawyers know that regardless of how serious a situation is, there are often effective defense tactics which can be used to protect a client’s legal rights and freedom. Guilty or innocent, you have the right to a fair trial and are innocent until proven guilty beyond a reasonable doubt.

January 22, 2013

Hamtramck Doctor Accused of Conspiracy to Distribute Controlled Substances and Medicare Fraud

by Scott Grabel

A Hamtramck doctor has been put out of business, for now, after being accused of conspiracy to distribute a controlled substance and Medicare fraud. Dr. Qandil Basil, along with eight other people, was arrested according to Hamtramck police records.

Prosecutors claim that Qandil issued more prescriptions in the month of April 2012 than most hospitals do, at an average rate of 140 per day, or a total of more than 4,100 prescriptions during that month. In fact, news reports indicate that he wrote more prescriptions then Henry Ford Hospital Health System for controlled substances such as Oxycodone, Hydrocodone, Alprazolam and Carisoprodol. After reviewing MAPS (Michigan Automated Prescription System), it was determined by investigators that Qandil wrote almost 80,000 prescriptions for controlled substances in the one year time span between August of 2011 and August of 2012.

The doctor claimed that he took care of 60 to 70 patients each day. An agent investigating the case stated that after consulting with Dr. Basil for one minute and 50 seconds, he obtained prescriptions for Daypro, Lipoderm ointment, Vicodin, Pro-Air and an unknown muscle relaxant – without previous doctor records.

According to Hamtramck police, Basil said that in a time span of 30 minutes, he could generally take care of 40 to 50 patients. When questioned how it was possible to see more than one patient per minute, Basil did not respond.

Hamtramck police were allegedly told by one woman that the doctor’s office only sees Medicare patients after 3 p.m., and that prior to that time Basil only takes cash payments. She alleged that the doctor tried numerous times to sell her Opana, Oxycodone and other pain medications that were unnecessary.

Authorities believe that Basil billed Medicare for medications that were not necessary, and for various services that they felt he could not have performed due to the unusually high number of patients he saw on a daily basis.

Individuals who are charged with distributing controlled substances or Medicare fraud face serious penalties if convicted. As experienced Michigan drug crime defense attorneys, we know the importance of obtaining skilled legal counsel to protect your career, legal rights, and freedom.

January 21, 2013

Michigan Appeals Court Throws Out Jackson County Conviction After Jurors Not Given Oath

by Scott Grabel

On Friday January 11, the Michigan Court of Appeals threw out David Allan’s extortion conviction after it was determined that during Allan’s 2011 trial, the jury was not properly sworn in. According to The Detroit News, Allan’s attorney challenged the conviction for conspiring with his daughter to commit extortion, because the jurors were not given the oath.

In 2010, Allan’s daughter allegedly threatened to accuse a man she had sex with for months after meeting him at a strip club of rape if he did not pay her. Randy Davidson, Allan’s appellate attorney, discovered that the jury had not been sworn in while reviewing court transcripts.

Theodore Bachakes, the alleged victim of the extortion plot, testified that he and Allan had consensual sex. Jennifer Allan and her father were accused of taking at least $2,000 from Bachakes in the scheme. David Allan was sentenced to 10 to 20 years in prison in the July 2011 trial.

The appeals court found in a 3-0 decision that at the beginning of Allan’s trial, the jury did not take an oath, which would ensure their impartiality during the court proceedings. Jackson Circuit Court “committed a plain error that requires reversal by failing to swear in the jury,” the appeals court stated.

Jennifer Allan was sentenced to two to 20 years in prison in her July 2011 trial; her conviction and sentence stand.

Apparently, the jurors in the 2011 trial were sworn-in during the selection process, but were not sworn-in prior to opening statements. The appeals court said that it is important that jurors are sworn-in before the presentation of evidence, because it is not a “mere formality.” Judges Jane Beckering, E. Thomas Fitzgerald and William Whitbeck all agreed that, “It is a long-standing common-law requirement that is necessary to protect defendants’ constitutional right to trial by an impartial jury.”

Prosecutors did not agree that a mistake should require a new trial. Jerry Schrotenboer, Jackson County assistant prosecutor, called the case “extraordinarily unusual” and said that the decision will be appealed.

Michigan criminal appeals attorneys understand that mistakes are made during the criminal justice process; there are also instances in which innocent individuals are convicted for crimes they did not commit.

January 18, 2013

Pontiac Woman Crashes into Patrol Car While Driving Drunk on Suspended License

by Scott Grabel

A 28-year-old Pontiac woman was recently arrested after plowing her vehicle into a parked police patrol car, according to Detroit News. The woman, who had an 8-year-old child in the vehicle at the time of the crash, was allegedly driving drunk; her driver’s license was also found to be suspended.

According to a news release issued by the Oakland County Sheriff’s Department, a deputy had parked his patrol car at approximately 1 a.m. on Saturday, January 12, when he heard a vehicle accelerating at a high rate of speed, followed by a crash. The driver of the vehicle and the child were not injured; the woman was taken to the Oakland County Jail after being arrested for child endangerment, driving on a suspended license, and drunken driving.

Michigan driver’s license restoration attorneys certainly do not condone driving in an intoxicated state at any time, particularly with a child on board. However, we do know that having your driver’s license suspended can create a hardship; we depend on our privilege to drive for many things in life, including getting to and from work or school, running errands, attending doctor’s appointments, chauffeuring the kids around from one practice to another, even simple things like buying groceries. Being without a driver’s license and having to depend on others is extremely difficult.

Many people drive on a suspended license (which is not encouraged) out of necessity. There are situations in which an individual may encounter a family emergency, or be forced to drive to work or school when someone who normally drives that person is unable to do so for one reason or another. Regardless, it is important that when you are caught driving on a suspended license, you seek legal guidance from an experienced Michigan driving with a suspended license attorney, who will work to determine if there may be an effective defense which could prevent a delay in having your driving rights restored.

January 18, 2013

Zeeland Man’s First-Degree Murder Conviction Upheld by Michigan Court of Appeals

by Scott Grabel

In February of 2011, 18-year-old Jonathan Dargis died after being stabbed multiple times and struck in the head with a shovel in a wooded area behind his mother’s home in Zeeland Township. Joshua Hambley was charged with first-degree murder in the killing, and sentenced to life in prison without the possibility of parole.

News reports claim that Hambley, who is now 20 years old, lured Dargis to the wooded area under the pretense of an AirSoft battle. Hambley killed Dargis because he had allegedly sexually assaulted Hambley’s ex-girlfriend in the days before the murder, according to news sources.

Hambley appealed his conviction, admitting that prosecutors had proven elements of second-degree murder, but claiming that sufficient evidence to convict him of first-degree murder was not provided. Hambley’s first-degree murder conviction was upheld by the Michigan Court of Appeals. In the ruling dated January 15, judges found that “the evidence of premeditation and deliberation presented at trial was overwhelming.”

In Michigan, a second-degree murder conviction offers the possibility of parole. Ron Frantz, Ottawa County Prosecutor, presented substantial evidence that the Appeals Court found clearly indicated both premeditation and deliberation in the murder. According to the Holland Sentinel, statements made both through text messages and verbally made it clear that Hambley intended to kill Dargis. Testimony was presented at trial regarding a phone conversation Hambley had with his girlfriend in which she allegedly heard the victim’s plea to “call an ambulance or just kill me.”

The medical examiner testified at Hambley’s trial that Dargis would have likely survived if medical attention had been sought for his stab wounds. News reports reveal that Hambley had also written in his journal about what to do with Dargis, and had told police in a written statement about his anger with Dargis, and how he planned to take his life in the following days.

The Michigan Court of Appeals found all of the evidence, including Hambley’s plan to lure Dargis out into the woods, sufficient proof that the murder was premeditated and deliberate.

Individuals who have been convicted on murder charges or other serious crimes often feel that the sentence handed out is extremely harsh punishment in comparison to the crime committed; other times, those who are completely innocent find themselves sitting in prison. Michigan criminal appeals lawyers know that mistakes are made in the judicial system, which is made evident by the rising number of verdicts overturned in the appeals process.