Michigan Criminal Lawyers Blog

January 25, 2013

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

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.

January 17, 2013

Detroit Man Arrested in Alleged Brutal Beating of Girlfriend

by Scott Grabel

Recently, Washtenaw County Sheriff’s Office detectives apprehended Michael Glenn of Ypsilanti Township, who had been wanted since November when it was believed he attempted to murder his girlfriend after she decided to break off the couple’s relationship.

News sources state that detectives had been in pursuit of Glenn since November 27, after he was accused of stabbing and hitting his girlfriend, then running her over with her own vehicle. Derrick Jackson, spokesman for the sheriff’s office, said that Glenn’s girlfriend went to his home in the 2300 block of McKinley Road, intending to end the relationship and pick up some of her possessions which were at Glenn’s home. Glenn allegedly got inside the vehicle and an argument ensued.

The Washtenaw County Prosecutor’s Office approved a warrant for Glenn’s arrest the following day, stating that if apprehended he would be charged with seven counts including unlawful imprisonment and domestic violence, two counts of assault with intent to murder, and two counts of assault with intent to do great bodily harm.

While the two were arguing in the vehicle, Glenn allegedly stabbed his girlfriend in the face numerous times with an unknown object, and began strangling her to the point that she blacked out. Glenn then reportedly dragged her out of the vehicle and ran over her several times. At that point, he tried to place her in the trunk, but she came to and fought back, eventually convincing Glenn that she would stay with him. The woman ran to a neighbor’s home after Glenn went inside the house to get something, and deputies were called. Before they could arrive at the scene, Glenn fled the area in the victim’s vehicle.

The woman was in serious but stable condition following the altercation, and was treated at a local hospital. Glenn was eventually apprehended after being on the lam for weeks. After receiving a tip about Glenn’s location just days ago, he is incarcerated at the Washtenaw County Jail where he remains on a $250,000 bond. A preliminary exam is scheduled for January 22 at 8:30 a.m.

Glenn will undoubtedly face serious criminal penalties if convicted of the charges against him; Michigan criminal defense attorneys know that individuals charged with serious or violent crimes must have a skilled lawyer who will work vigorously to protect their legal rights and freedom.

January 17, 2013

Appeal Hearing to Proceed for Drive-by Murder Defendants

by Scott Grabel

In 2011, three men were convicted on charges of murder in a 2002 drive-by murder in Adrian. The Michigan Court of Appeals has implemented orders that the defendants, Paul and Peter Daniel, 46, and Leonard Dee McGlown, also 46, may bring motions for a new trial following an appeal hearing later this month.

The defendants are scheduled to go before Judge Margaret M.S. Noe in an evidentiary hearing on January 24 and 25. According to Adrian publication The Daily Telegram, these two dates are when testimony will be heard regarding a defense claim that the case in the 2011 trial was prejudiced due to restraints used in the trial, although the article does not reveal what those restraints were.

A joint trial in October of 2011 ended with guilty verdicts for all three men, who were convicted on charges of first-degree murder and weapons charges. The three defendants were sentenced to terms of mandatory life in prison without the possibility of parole.

A renewed investigation into a 2002 shooting led to the arrest of the three men in 2010. The shooting involved the death of 20-year-old Marcus Newsom of Adrian; it is believed that Newsom was shot as a result of mistaken identity.

On Monday January 7, Judge Noe and Prosecutor Jonathan Poer met with attorneys appointed to represent the defendants for a discussion of the upcoming evidentiary hearing. The defendants were ordered to be present at the upcoming hearing by Judge Noe at a December 3rd hearing.

Michigan murder appeals attorneys know that even those who have already been convicted of a crime may have another chance. Legal errors or mistakes made by the judge or jury can leave innocent people facing serious penalties. Lawyers who specialize in post-conviction services will thoroughly analyze your case to determine if there may be other options that could result in your convicted being overturned.

January 16, 2013

Crackdown on Drug Activity and Violent Crime by ATF and Lansing Police Results in 19 Arrests

by Scott Grabel

Lansing Police and the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) have been jointly investigating drug activity and violent crime in the northwest Lansing area for approximately two years. As a result of the investigation, 19 people have now been arrested and are facing federal drug and firearm charges.

Lansing Police Chief Teresa Szymanski told reporters that she believed the arrested individuals were responsible for most of the violent crimes that have taken place in Lansing over the past two years.

According to Szymanski, the individuals who were arrested had been involved in all kinds of gun and drug activity, and were working together as a “crew.” A Fox 47 News report stated that Szymanski explained that the individuals were delivering narcotics, shooting guns at people and things, and using guns as felons.

Four of the individuals involved are facing multiple drug charges according to the U.S. Department of Justice. Gregory Dalton, 23, DeShun Dalton, 21, Merza Mizori, 23, and Serawan Mizori, 22, face charges including possessing crack cocaine and marijuana and conspiring to deliver those drugs, and heroin possession with intent to deliver.

Others involved include Keith Houston, 22, who is charged with receiving a firearm while under indictment for a felony drug offense, and Jerome Houston, who faces for firearm possession as a convicted felon. 26-year-old Brandon Jones was charged as a convicted felon with possessing firearms, which included an SKS rifle. Kevin Henry, 43, and Demanual Porter, 24, will face charges related to drug dealing. The names of other individuals allegedly involved in the crimes have not yet been released.

Mayor Virg Bernero stated that Lansing streets would be safer following the arrests of the 19 individuals, who he said were involved in “all sorts of bad things.”

Michigan criminal defense attorneys know that if convicted, many of these individuals will face severe penalties, including substantial prison time. News reports indicate that some will face up to 20 years in prison.

Many of the individuals allegedly involved in these crimes are very young; if convicted, their lives are essentially ruined. Young people often make terrible mistakes, particularly when it comes to drug crimes. However, there are many instances in which individuals who commit these types of crimes deserve a second chance, or rehabilitation rather than punishment.