Michigan Criminal Lawyers Blog

January 4, 2013

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

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.

January 3, 2013

Michigan Court of Appeals Upholds Detroit Contractor’s Civil Liability in Assault Case

by Scott Grabel

In 2004, Bobby Ferguson allegedly assaulted and beat an employee with a pistol after suspecting that the employee was having an affair with Ferguson’s wife. The employee, Kennedy Thomas, was left with permanent and severe health issues according to news reports, which state Thomas now has permanent brain damage and head pain, making him disabled and unable to work.

Thomas sued Ferguson over the incident in 2007, saying that after getting involved in an argument about Ferguson’s wife, he was struck in the head with a pistol. Ferguson said that he believed he used an ashtray in the assault, and that he did not use a gun. He also stated that he did not believe Thomas was seriously injured, and that Thomas’s doctors were deceived regarding his medical condition.

Eventually Thomas was awarded $2.6 million by a jury, but that amount was reduced later to approximately $860,000 by Wayne Circuit Judge Wendy Baxter, the judge who heard the case.

Ferguson eventually pleaded guilty to assault, but appealed the verdict after the civil award left him owing Thomas such a substantial amount of money. His reasons for appealing included that a doctor who testified in the original trial was not qualified, that the verdict was flawed for countless reasons, and that Kennedy Thomas’s lawyer did not play fair. The Michigan Court of Appeals did not go for it, and ultimately tossed out Ferguson’s appeal.

Thomas filed a cross-appeal, and was awarded an additional $400,000 by the panel who found that he was entitled to some of the expenses which the judge had denied initially. Ultimately, Ferguson’s appeal efforts have left him owing more compensation to Thomas rather than less.

Individuals who have been convicted of a crime are not always guilty of the crime they are accused of; additionally, defense lawyers may fail to provide an effective defense. Michigan criminal appeals attorneys know how to determine if your rights may have been violated, if your sentence was excessive in comparison to the offense committed, and other factors that may make you eligible for an appeal.

January 3, 2013

Lansing Convenience Store Scene of Holiday Shooting Resulting in 1 Death and 4 Injuries

by Scott Grabel

On New Year’s day, a Lansing north side convenience store was where a shooting took place that resulted in one death and four injuries. The shooting occurred at approximately 2 a.m. at the Save On Market located at 736 West Willow Street.

Walter Brown, a neighbor living next to what many refer to as a “party” store, said that he had warned police that something like this would happen on countless occasions. Brown is president of the Knollwood Willow Neighborhood Association. He told reporters that the owners of the convenience store had promised to close the store at midnight, and that had they carried through with the promise, the shooting would not have happened.

Brown maintains that loiterers, drug pushers and other people who are up to no good congregate at the store. He said that on the morning of the shooting, he heard at least 30 shots fired.

County Prosecutor Stuart Dunnings III said he could not confirm either the number of weapons involved in the shooting, or how many shots were fired. On Tuesday a 20-year-old suspect was arrested by Lansing police, but it had not yet been determined what the suspect would be charged with.

Police released very little information pending the notification of the victims’ families, but said only that they ranged in age from 22 to 25. Details regarding the victim who was killed were not released.

An update to the story revealed that three of the victims sustained serious injuries, and one had injuries which were not life-threatening. The four were taken to a local hospital.

Police said that it appeared that a fight began inside the convenience store and then spilled outside. Employees would not comment on the shooting incident.

Michigan criminal defense attorneys know that the alleged shooter in this incident could face numerous criminal charges, possibly including murder. Without skilled legal representation, a conviction may mean substantial prison time, possibly even life behind bars.

January 2, 2013

Three Men Charged in Southfield Shooting and Robbery at TGI Friday’s

by Scott Grabel

On Friday December 28, a man was allegedly shot and robbed at approximately 7 p.m. in a TGI Friday parking lot in Southfield. Police received the information and acted quickly, resulting in the arrest of three men. A fourth man was also apprehended, but was not charged with a crime.

After receiving information given to police by the victim, officers fled in pursuit of the suspects. According to Lt. Nick Loussia of the Southfield Police, officers stopped a vehicle that matched the description of the car they were given. Items that were stolen from the alleged victim were recovered, and four men were taken into custody although a weapon was not located. News reports state that police closed down southbound lanes of the Lodge Freeway between Seven and Eight Mile roads, but did not find a gun. They believed that the suspects may have tossed the gun from the vehicle.

Those charged in the crime include 19-year-old Jordan T. Brown of Lima, Ohio, 21-year-old Paris O. McGhee of Detroit, and 19-year-old Kevon B. Ingram of Lima, Ohio. McGhee and Brown were charged with armed robbery; Ingram was charged with carrying a concealed weapon, according to a Southfield Police Department news release. Brown is also charged with possession of a firearm in commission of a felony.

Bond was set at $10,000 or 10% for Ingram, $250,000 for McGhee and 1 million for Brown.

Armed robbery is considered an extremely serious offense in the state of Michigan. Those who are arrested must seek the skill and expertise of a seasoned Michigan criminal defense attorney. Without aggressive legal counsel, individuals convicted of this offense may face substantial prison time.

December 31, 2012

Suspected I-96 Corridor Shooter Faces Terrorism Charge

by Scott Grabel

43-year-old Raulie Casteel, the suspected shooter in the I-96 corridor shootings, has been charged with 60 separate counts in the random shootings that occurred over a two-week time period in October between Ingham and Oakland counties. On Thursday December 27, Casteel was arraigned on additional charges including terrorism and assault with intent to murder.

Casteel was also arraigned on five weapons-related felonies on Thursday. If convicted on the terrorism or assault with intent to murder charges, he could face life in prison. The arraignment hearing lasted only three minutes; Casteel’s wife was present, but she did not speak to the media. Casteel’s family members have confirmed that they worried about his mental state. He is undergoing examination in Livingston County for mental competency. Police still have not revealed a motive for the shootings.

News reports state that Prosecutor Jessica Cooper will handle the cases against Casteel in Oakland County, while Attorney General Bill Schuette handles prosecuting Casteel in Ingham, Livingston and Shiawassee counties.

Casteel graduated from Michigan State University in 1997 with a degree in geology, and is considered an intelligent man; he also took graduate classes later on. According to Casteel’s aunt, Cynda Warth, he has mental problems and talks incessantly about the government. Warth said that her nephew was a good person, but that he was paranoid that the government was out to get him.

Michigan criminal defense lawyers understand that there are circumstances in which individuals should be given the help they need for mental issues or drug addiction problems rather than being locked up in prison for the rest of their lives. While no motive for the shootings has been revealed, clearly Casteel has mental issues.

December 28, 2012

Michigan Appeals Court Rules in Favor of Man Convicted of Driving on Suspended License

by Scott Grabel

Earlier this month, the Michigan Court of Appeals overturned a conviction against Kazem Hammoud, who was arrested for driving on a suspended license after he failed to signal that he was making a right-hand turn.

Hammoud was stopped by Dearborn police, and told the officer that his license had been suspended. However, prosecutors at trial failed to produce evidence that proved Hammoud had been formally notified of the license suspension. This resulted in the Michigan Court of Appeals throwing out the charge; Hammoud cannot be charged again for the same offense. The defendant had previously been sentenced by the district court to 24 months probation, and ordered to serve the first 30 days in jail.

Although Hammoud admittedly told the police officer who pulled him over that his license had been suspended, he argued to the appeals court that insufficient evidence was presented at trial to prove that he had been properly notified according to MCL 257.212. The appeals court agreed with Hammoud, due to lack of evidence that the defendant was notified of suspension of his license by the secretary of state via personal delivery, or through first-class United States mail.

Case files show that the appeals court found that “although the evidence showed the defendant had actual knowledge of the suspension, evidence of the defendant’s actual knowledge alone does not satisfy the element of notice required by MCL 257.904(1).” Essentially, prosecutors in the case did not prove beyond a reasonable doubt that Hammoud received official notice of the suspension.

December 28, 2012

Denard Robinson Pleads Guilty to Driving on Suspended License, Pays Fine

by Scott Grabel

On November 4 of this year, Denard Robinson was cited in Bath Township for expired registration tags and driving on a suspended license after he was stopped for failing to signal a turn. This was Robinson’s first brush with the law according to news reports, which state that Robin pleaded guilty to the charge of driving on a suspended license.

Robinson was pulled over by police in East Lansing, commonly known as Spartans territory. Lt. Lyle Lindemulder of the Bath Township Police said that Robinson was cooperative when police arrested him, but did not reveal why his driver’s license had been suspended. Reports do say that it was a suspension, and not a revocation. Lindemulder said that “a license can be suspended for a number of reasons.”

Because Robinson pleaded guilty to the charge, he will be able to travel with the Michigan Wolverines and play against South Carolina in the Outback Bowl. Robinson will face no punishment from the school because he paid the fine that was imposed on him, according to David Ablauf, a Wolverines spokesman.

CBS News reported that after pleading guilty, Robinson paid $65 for the expired registration tags, along with $870 in other fines and court costs.

Michigan driving with a suspended license attorneys know that the penalties for such an offense are serious. While Robinson paid substantial fines, many people who are arrested for driving on a suspended license face jail time, and have the original suspension period doubled. Before you plead guilty or pay any fines, consult with a lawyer who may be able to get the charges against you dropped, or penalties reduced.

December 28, 2012

26-Year-Old Mother of 2 Found Dead; Police Investigate Homicide

by Scott Grabel

Lavoris Tinisha Watkins, a 26-year-old Lansing mother of two children, was found dead on Saturday afternoon, December 22 after police received a call reporting that a residence’s front door was standing open. After arriving at the scene and performing a security check, officers found the victim’s body. News reports state that police are requesting help from the public in locating who may be responsible.

The alleged homicide occurred at a residence located in the 1000 block of Kelsey Avenue. Watkins was pronounced dead at the scene after she was found to be unresponsive, although no details have been released revealing how she died. Her death is being investigated by Lansing police as a homicide.

Family members describe Watkins as a caring mother who was always willing to help others or lend a helping hand in any situation. Nea, as friends and family called Lavoris, attended Ross Medical Education Center and had lived in Lansing all of her life. Captain Daryl Green of the Lansing police said, “This is a tragedy and our department will do all we can to bring those responsible to justice.” Green stated that detectives are investigating the homicide and are working continuously to apprehend the individual or individuals responsible. Those with information are urged to contact Detective Sgt. Christopher Baldwin at 517-483-6846.

Individuals arrested on charges of homicide, murder, or voluntary/involuntary manslaughter face extremely serious consequences if convicted. Michigan homicide attorneys strongly advise those who are arrested for these types of crimes do not speak to police without the presence of a lawyer. Police frequently use forceful tactics and otherwise coerce individuals into saying things that can be very detrimental to their case.