Michigan Criminal Lawyers Blog

January 14, 2013

Lansing Gang Members Suspected in Death of Woman to Avoid Death Penalty

Lansing gang members accused of killing a woman in July of 2010 will not face the death penalty, according to news reports. Shayla Johnson was killed in the course of a robbery at her Lansing home on July 23, 2010. While no explanation was offered, West Michigan federal prosecutors were notified by U.S. Attorney General Eric Holder that the death penalty would not be sought in the case in which a violent street gang known as the “Block Burners” allegedly killed the woman. The killing is said to be drug-related.

Assistant U.S. Attorney Tim VerHey stated in court documents that the United States would not be seeking the death penalty in the case. The letter from Holder to the Michigan federal prosecutors stated that, “You are authorized and directed not to seek the death penalty against Mustafa Abdul-Qadir Al-Din, Walee Abdullazeem Al-Din, Charles Kunta Lewis Sr., and Ralphael Remier Crenshaw.” Another defendant in the case who is awaiting trial, Nicholas Brown, is also included in the order.

A trial in the case is expected this year. The Lansing State Journal reported that the victim, who was 19 years old at the time of the crime, was thrown into the trunk of a car and shot numerous times after being dragged from her home on Lenore Street. The gang members, according to court testimony, had allegedly planned to kidnap Johnson and rob her of marijuana.

Members of the Block Burners gang had allegedly committed several acts of violence separate from this incident, many of which involved guns and were carried out in an effort to obtain drug money and drugs. The charges against the men of committing a drug-trafficking crime using a gun could have led to the death penalty.

Charges of drug trafficking can leave individuals who are convicted facing up to life in prison, depending on the amount of drug involved. In this case, the fact that someone was killed in a plot to rob someone of drugs complicates things even further. Michigan criminal defense attorneys know that these are extremely serious charges, and that without effective legal counsel individuals will generally face the harshest possible penalties.

January 11, 2013

Dearborn Priest Faces Drunk Driving While Nude Charges; Pleads No Contest

by Scott Grabel

Recently, Reverend Peter Petroske pleaded no contest to charges filed against him last summer for driving drunk while naked. Petroske was placed on administrative leave from the Sacred Heart Catholic Church by the Archdiocese of Detroit. He was order to pay $1,200 in fines along with court costs, ordered to attend Alcoholics Anonymous meetings and sentenced to 12 months’ probation. While it isn’t mentioned in news reports, it is likely that the priest’s driver’s license was suspended, another penalty those who are charged with drunk driving face.

Michigan drivers license restoration attorneys know that while to some, having their license suspended may seem like the least of their worries, it’s far more serious than it appears on the surface. Being without a driver’s license seriously impacts your life, making it illegal to drive. This impacts an individual’s life in many ways, as driving is a necessary privilege in order to attend school, get to work, doctors appointments, etc.

A pretrial hearing was scheduled for Petroske on October 25 of 2012, but he did not appear due to the fact that he had voluntarily checked himself in to an in-patient alcohol rehabilitation center. Judge Richard Wygonik ordered that Petroske attend the next scheduled hearing on December 27, which he did. Petroske declined addressing the court when asked by the judge if he wished to.

On August 2, 2012, Petroske was pulled over near Sacred Heart near Garrison and Howe streets. He reportedly told officers when questioned about being naked that “I was uh . . . hot . . . I like to drive around naked. I don’t know what to say . . . I’m embarrassed.”

In the state of Michigan, a blood alcohol level of 0.08 percent or higher is considered drunk; Petroske’s measured 0.09 percent. Petroske was apprehended when an unnamed man called 911 to report that he saw someone driving naked near Michigan Avenue and Telegraph Road.

It isn’t often that you read a story like this, but it is an unfortunate incident that no doubt Petroske regrets.

January 11, 2013

Detroit Man’s Appeal in Robbery Case Denied

by Scott Grabel

Isaac Decrais Harris was convicted in 2005 by a jury on firearms and armed robbery charges. He recently sought to appeal the conviction, which he is serving a 14 to 30 year prison term for. Harris denied that he was the individual who robbed a Clark gasoline station in Adrian. News reports indicate that a video recording from a security camera at the location reveal the face of the individual who robbed the gas station, although they do not state that it is Harris, who denies it is his face in the video.

On January 7, 2013, Lenawee County Prosecutor Burke Castleberry announced that the Michigan Supreme Court refused to hear Harris’s appeal. An order from the court stated that Harris had failed to establish a claim.

Michigan theft and property crime appeals attorneys understand that individuals who are convicted on charges of robbery, shoplifting and other theft-related crimes face serious penalties, and often ruined lives. Not only might an individual face prison or jail time and monetary fines, a criminal record can make employers reluctant to hire that individual; it is also likely to affect a current career or job. Additionally, any time a criminal background check is run on someone with a criminal conviction, it makes it difficult for that person to obtain a scholarship, purchase or rent a home, even get approved for a loan. Essentially, it affects the individual’s entire life.

The penalties an individual faces when convicted on theft or property crimes may vary depending on a number of factors, including the individual’s criminal history, whether a weapon was involved, the amount of property or money taken, and more. When a weapon is used in the commission of a crime or a threat even implies that the individual has a weapon (even if it is not true), penalties will be substantially more severe if that person is convicted.

If you have been convicted on a robbery charge, you may believe that you must simply serve out your sentence, and that nothing further can be done. However, this is not the case in some circumstances. It may that you are eligible to appeal your sentence, or file a motion for Ginther Hearing if you believe you were convicted due to inadequate or ineffective counsel.

January 10, 2013

Judges Can Be Wrong – Why You Should Consult With a Michigan Criminal Appeals Lawyer

by Scott Grabel

There are countless instances in which criminal defendants in Michigan have been convicted of a crime when in fact they are innocent. In many cases, even someone who is guilty has been penalized far more harshly than necessary. This means that not only does the defendant suffer, his or her family does as well. Judges are not always right in their rulings. Whether you have been convicted on charges related to sex crimes, drunk driving, homicide, drug possession or any criminal offense, having a Michigan criminal appeals lawyer on your side can often result in having a guilty verdict reversed.

Why do these “mistakes” happen? Sometimes there are mistakes made by a defense lawyer in the process of defending his or her client at trial. Other times judges hand down punishment that is simply too harsh in comparison to the crime committed. Michigan criminal appellate attorneys are extremely knowledgeable in these matters, and can scrutinize a criminal case in order to determine if a basis may exist for having an inappropriate sentence reversed, or even a conviction overturned. Essentially, convicted defendants are given another opportunity to present their case in front of a higher court in the criminal appeals process; these courts include the Michigan Supreme Court, the Federal Circuit Court of Appeals, and the Michigan Court of Appeals.

The fact is, appealing a verdict or sentencing is a very common practice in criminal cases. However, it is essential that you choose a capable, experienced attorney who has dealt with these types of situations many times, as they are often complex in nature. Often times, a criminal appellate lawyer who is not familiar with your case can carefully analyze the situation, and potentially uncover details that were missed initially simply due to the fact that there is a “fresh” set of eyes perusing the information – and important details are often missed by those who are involved in a case from beginning to end, as it’s easy to get mired down in the details, and even complacent – which means inadvertently overlooking vital information.

January 10, 2013

Robber Snags Three Bags of Cash in Bold Midday McDonald’s Robbery in Rochester

by Scott Grabel

On Monday, a McDonald’s restaurant located at 808 S. in Rochester Hills was robbed at approximately 12:50 p.m. The alleged crime has been called “bold” in news reports, because it occurred during the noon hour, one of the busiest times of the day.

The robber left the scene with three green bank bags, although the amount of cash taken was not revealed, according to Oakland County sheriff’s deputies. Police say the man who alleged robbed the fast-food restaurant was dressed in a black hoodie and black hat, and that he was about 5 foot 5 inches tall.

An employee at the McDonald’s restaurant told deputies that it was believed that the robber was armed, although no one actually saw a gun or weapon.

The area where the robbery occurred is an affluent neighborhood in Oakland County. News sources state that the man fled the scene of the robbery, then entered a 4-door Pontiac Grand Prix which was grey in color. The sheriff’s report said that the suspect was last seen driving toward a nearby fitness center.

Securities cameras located inside the McDonald’s are being reviewed by the sheriff’s office, who said it was uncertain how many customers were on the premises at the time. No injuries were reported during the robbery.

Michigan criminal defense attorneys know that the fact of whether an individual is armed when committing a robbery is a huge factor in the penalties that individual will face if convicted. When it is a first offense, an individual convicted on a charge of unarmed robbery will typically face a sentence of up to 15 years in prison. However, if it is found that an individual committed armed robbery, the penalties are far worse; even if that individual had no weapon but conveyed that he or she had a weapon on his or her person, that individual could be put in prison for life.

January 9, 2013

‘Famous’ MMA Fighter Possibly Facing 15 Years Behind Bars for Home Invasion, Other Charges

by Scott Grabel

Richard Bastuba gained fame in Michigan and was the subject of many local radio shows after he subdued an unruly fan at a 2009 Detroit Lions game. Now, the 41-year-old Mixed Martial Arts fighter known as “Righteous Rick” may be facing as much as 15 years in prison after being charged with conspiracy to commit second-degree home invasion, and receiving and concealing stolen property between $1,000 and $20,000.

Bastuba, who is 41 years old, pleaded no contest to the charges late in 2012. Deputies allege that a home invasion was reported to their office in September of 2011, and that Bastuba was involved. According to news reports, the alleged victim of the home invasion reported to deputies that over the course of a few months, his home had been broken into several times and that during these break-ins, valuable comic books had been stolen.

Bastuba was eventually arrested following a lengthy investigation; two juveniles were also arrested. Following an attempt to sell the stolen comic books to deputies who were undercover at a Biggby location in Ann Arbor, Bastuba was placed under arrest.

Drew and Mike, WRIF radio personalities, made Bastuba famous in 2009 following an incident at a Detroit Lions game in which a man grabbed the hair of one of Bastuba’s friends; Bastuba then subdued the man by putting him in a chokehold. The radio personalities had Bastuba as a guest on their radio show.

The penalties for home invasion or breaking and entering are severe. As in Bastuba’s case, second-degree home invasion can mean punishment which includes up to 15 years in prison and fines of as much as $3,000. If an individual is found guilty of first-degree home invasion, he or she may face up to 20 years behind bars, and be ordered to pay a $5,000 fine. Michigan criminal defense lawyers know that penalties may become even more harsh if the individual has a prior criminal record.

January 8, 2013

Lansing Man Charged with Murder in Death of 3-Month-Old Daughter

by Scott Grabel

John Harold Sanders, a 37-year-old Lansing man, was charged on Monday in the death of his 3-month-old daughter, who died at a Lansing’s Sparrow hospital on Friday, January 4. Sanders was arraigned in 54A District Court on Monday on charges of first-degree child abuse and murder. If convicted, he could face life in prison.

The scene unfolded on Friday when Lansing police were dispatched to the hospital after medical personnel found the baby, Janayjah Sanders, had serious internal injuries according to Capt. Daryl Green. The infant was pronounced dead at 10:35 p.m. On Saturday, police announced that the infant’s suspicious death was under investigation. Possible witnesses are being interviewed in order for police to determine how the baby may have been injured.

Sanders faces charges as a fourth-time habitual offender, as he has numerous past convictions according to news reports. In 2005, Sanders was convicted in Oklahoma on a charge of second-degree burglary. In 2011, the suspect was convicted on drug possession charges in Eaton County according to court records. Sanders is being held in the Ingham County Jail without bond, and has requested a court-appointed lawyer.

The preliminary hearing is tentatively scheduled for January 17 in front of 54A District Court Judge Hugh Clarke Jr. Individuals with any information pertaining to this case are asked to contact Detective Shannon Thielen at 517-483-6858.

This is a very sad and unfortunate situation; however, Michigan murder defense lawyers understand there are often extenuating circumstances which may affect the outcome for the individual charged with a serious crime such as murder. Regardless of the circumstances, it is important that individuals accused of crimes that could leave them facing a lifetime behind bars consult with an attorney immediately.

January 4, 2013

Barry County Man Drives on Suspended License, Passenger Dies Following Crash

by Scott Grabel

Elvin W. Kizziar, a 36-year-old Plainwell man, was recently involved in an accident that left his 42-year-old wife dead. Kizziar was driving on a suspended license at the time of the accident in which his vehicle left the road and struck a tree. The accident occurred the day after Christmas according to news reports, which also indicated that other factors contributed to the crash following blood tests performed by the Michigan State Crime Lab.

Prairieville Township Police indicated that Kizziar was driving near Kane Road in an eastbound direction on Cressey Road when he lost control of the vehicle. Melissa Jo Ulferts, Kizziar’s wife, suffered head and internal injuries, and was pronounced dead just after emergency responders arrived. According to Fox 17 news, snow may have also contributed to the accident.

Kizziar suffered only minor injuries in the accident, and was arrested. He was charged with driving on a suspended license causing death, and was being held at the Barry County Jail. The accident was still under investigation at the time of news reports.

While the unusual circumstances surrounding this accident will likely leave Kizziar facing serious criminal charges, Michigan driving with a suspended license attorneys know that under ordinary circumstances, individuals caught operating a vehicle when their license has been suspended or revoked may also face serious penalties.

January 4, 2013

54-Year-Old Michigan Man Walks Free After Spending 9 Years in Prison on Rape Charges

by Scott Grabel

In 2003, James Eugene Grissom was imprisoned after being convicted on a rape charge; the rape allegedly occurred in 2001. In August of 2012, newly discovered evidence in the case led to the Michigan Supreme Court granting relief to Mr. Grissom, who had appealed for a new trial. According to the State Appellate Defender’s Office website, the alleged victim was found to have made several false rape allegations, and Grissom was granted a new trial. The case against the defendant was dismissed on November 19, 2012, and Grissom walked free after spending nine years in prison for a crime it appears he did not commit.

Circuit Judge Cynthia Lane dismissed the charges against Grissom, who looked around briefly and for the first time in nearly 10 years saw no fences confining him and wore no shackles. The Port Huron man said in regards to his release, “I didn’t think it would be this long.”

At the time of Grissom’s trial in 2003, the other rape allegations which had been made by the alleged victim, Sara Ylen, were not known by either the prosecution or defense. While the identity of victims involved in sex crimes are often not revealed, Ylen had come forward and approached the Times Herald to share her story.

Grissom was found guilty on two counts of first-degree criminal sexual conduct at trial, and sentenced by a jury to 15 to 35 years in prison. However, Ms. Ylen’s credibility came into play after she allegedly told family members, friends, and the police that she had been raped numerous times. Ylen also claimed that after the alleged rape by Grissom, she was kidnapped and raped in California during that same year. However, while Ylen reported the attack to police soon after, she failed to include details that she was allegedly raped during the incident until more than a year later.

Grissom’s appeals lawyer Christine Pagac said that her client should be granted a new trial because of new evidence which clearly made Ylen appear as though she was not credible, following the false claim that she was kidnapped and raped in California.

Ultimately, the case against Grissom was dropped this past November and he has now been set free to go on about his life.

Michigan sex crime defense attorneys know that these types of situations are extremely common, and that many innocent people sit behind bars because they have been wrongly accused. While we may never know if Ms. Ylen was sexually violated by Mr. Grissom, it is apparent that she was not credible and seemed to create drama.

January 4, 2013

Lima Township Man Faces New Charges After Having Embezzlement Charge Dismissed

by Scott Grabel

Oral Molden, a 47-year-old Lima Township man, was arrested on December 22 on numerous charges including false pretenses between $999 and $20,000, and false pretenses over $20,000. Molden had faced embezzlement charges prior, but had that charge dismissed earlier in the year. The new charges are connected to the same case, according to news reports.

Molden also faces charges of malicious use of a telecommunications service and making or permitting a false tax return; he is due back in court on January 3 according to police, and was released on a personal recognizance bond. The previous charge of embezzling $20,000 or more had been dismissed in April due to lack of evidence.

Molden’s wife also faces charges in the case, and was a bookkeeper for A2 Auto Glass, the company police believe the couple illegally took money from over a 3 1/2 year time period. Police believe the Molden’s obtained approximately $250,000 from the company, located in Scio Township. Janice Molden faces multiple charges, including embezzling $100,000 or more and three counts of using a computer to commit a crime.

News reports indicate that Oral Molden performed computer work for A2 Auto Glass. Janice Molden’s trial date is scheduled for January 28, although her public defender, Laura Dudley, indicated in a September court appearance that a plea deal may be in the works.

Michigan embezzlement attorneys know that these types of charges do not have to end with the accused facing prison time or substantial fines. Cases involving employee theft, tax fraud, computer crimes or other embezzlement charges are complex and involved, requiring the expertise and skill of a lawyer.