Michigan Criminal Lawyers Blog

November 26, 2012

Former Head of Detroit Police Department Homicide Division Facing Multiple Charges

William Rice, once the head of the homicide division of the Detroit Police Department, recently appeared in court facing allegations of drug dealing and possession, mortgage fraud, operating a criminal enterprise and more. Detroit residents are no doubt used to hearing the words Detroit and corruption together, certainly more often than they would like.

According to news reports, William Rice was engaged in criminal activity while working for the Detroit Police Department headquarters located on Beaubien. Rice went before Wayne County’s 36th District Judge William C. McConico November 20th. In the courtroom, testimony was given by the director of the State Police Crime Lab in Northville, Jurgen Switalski, who claimed he identified or tested over 100 pills which were allegedly confiscated during the investigation of Rice. Some of the drugs reportedly identified include generic Xanax, hydrocodone and those containing codeine.

In February of this year, charges were brought against Rice and his girlfriend, Cheryl Sanford, by the Wayne County Prosecutor’s Office Deed Fraud Unit, claiming that the duo operated a criminal enterprise between 2006 and 2011. The two were facing a total of 16 criminal charges at that time, some of those mentioned above along with giving false information in order to obtain federal funds for mortgage. In June, the two went before a judge to determine if they would stand trial for mortgage fraud.

The next hearing for Rice is scheduled for December 4 at 11 a.m. According to Tiffany McEvans, Rice’s defense attorney, the defense team will recall two witnesses for the prosecution to the stand for testimony, a Detroit state trooper and Special Agent at US Housing and Urban Development, Matthew Nutt.

Due to all of the recent publicity, Rice’s name came up regarding case files that have allegedly been lost during his tenure with the Detroit Police Department; one case in particular is that of Arthur Bell, a man who claims he did not commit the murder he was convicted of. Bell said that when requesting his case file he was told that the file was lost. Attorneys claim that this was a frequent occurrence when Rice was in charge.

Michigan criminal defense lawyers know that if convicted on the multiple charges leveled against him, Rice will likely face years or even life in prison.

November 26, 2012

Federal Appeals Court Overturns Decision to Grant New Trial to Farmington Hills Teacher Convicted for Killing Husband

by Scott Grabel

In 2004, Nancy Seaman killed her husband who had, according to Seaman, battered her; she reportedly killed Robert Seaman one morning before going to school where she was a teacher. Seaman allegedly stabbed her husband 21 times and struck him with a hatchet 16 times in the garage of their Farmington Hills home. She is currently serving a life sentence after jurors in her 2005 trial found Seaman guilty of first-degree murder.

According to news reports Seaman never denied killing her husband, but said that she was a victim of both physical and emotional abuse, and that her husband had threatened her the day of the murder. When Seaman could not find a substitute to take her place that day, she went on to school, returning later in the day to get rid of the blood stains in the garage with bleach, and to wrap her husband’s body in a tarp, which she then placed in the trunk of her car.

In October of 2010, U.S. District Judge Bernard Friedman stated that Seaman’s defense attorney did not do enough to fully develop Seaman’s claim that she was a battered spouse. Seaman was granted a new trial at that time, however an appeals court panel determined last week that Friedman’s view of the case was too broad. The decision to grant her a new trial was overturned by a federal appeals court last week.

It was noted by the appeals court panel that in the initial trial, Seaman’s attorney did bring forth expert witnesses who talked about BSS (battered spouse syndrome), and that BSS was presented as a defense. However, the court stated that under Michigan law, battered spouse syndrome is not a viable defense. When the decision to grant Seaman a new trial was overturned last week, the ruling said that, “Even if the jurors believed that Seaman was a battered spouse, they still could have rejected her claim of self-defense.”

Michigan murder appeals attorneys understand that cases such as this are quick to be picked up by the media. It is a prosecutor’s job to get a conviction; this is first priority. However, there are mitigating circumstances in which even an individual who has already been convicted deserves another chance.

November 23, 2012

71-Year-Old Alger Man to Face Reckless Driving Charges After Driving Wrong Way on Interstate

by Scott Grabel

A 71-year-old man was arrested recently after Michigan State Police responded to reports of a vehicle heading into oncoming traffic on Interstate 75 between Frankenlust Township and Kawkawlin Township, approximately 90 miles northwest of Detroit.

After receiving calls reporting the wrong-way driver, troopers located the vehicle in Kawkawlin Township just south of Beaver Road on I-75. The elderly man was heading north in southbound lanes, and had driven 13.1 miles on the interstate before being apprehended. Luckily, no accident or injuries were reported.

The man, who was not named in news reports, is an Alger resident. He was reportedly traveling from Saginaw to Alger when the incident occurred. Upon his arrest police took the man to the Bay County Jail where he spent the night, and was expected to face a charge of reckless driving on Tuesday, November 13.

Troopers also reported that drivers in the southbound lanes had to drive cautiously, flashing their headlights repeatedly in order to avoid a collision with the man’s vehicle. No drugs or alcohol were involved in the incident according to troopers, who also said a medical emergency was not a factor.

Penalties for a conviction on charges of reckless driving include a fine of up to $500, up to 93 days in jail and points on the individual’s driving record. Penalties for repeat offenders or those who have been charged with an additional offense may be even more severe. However, Michigan driver’s license restoration attorneys know that often, the harshest penalty is a hard suspension of the individual’s driver’s license for 90 days. Not being able to drive to work, to doctor appointments, to shuttle the kids or for any reason is a great hardship on most people.

November 23, 2012

Family Vacation Ends in Tragedy for Huron High School Teen; Crash Likely Caused by Drunk Driver

by Scott Grabel

James “Jimmy” Franklin Williams, a 16-year-old Huron Township High School junior, died in an accident on Sunday evening November 18 as he and his family headed to Florida on vacation. The family was planning to cruise to the Bahamas; in all, there were 7 people in the vehicle that ultimately crashed in Fairfield County, S.C. on Interstate 77.

Another man has since been charged with driving under the influence. The Williams family was driving a Dodge Durango en route to Florida when a 2000 Saturn struck their vehicle. It was driven by 34-year-old Ricky Lance Deel of Beaufort. Deel was charged with felony DUI.

News reports state that Williams was one of the most popular students at Huron Township High School, and that he was a football player; he was ejected from the Durango when the crash took place.

Williams’ mother, father, and siblings were also injured in the crash, as was a recent graduate of Huron High School, Shannon Henry. Williams’ father underwent surgery after suffering serious head injuries in the crash.

Deel was transported to the Fairfield County Detention Center following his arrest, where he remained in custody on Monday.

Michigan criminal defense lawyers know that a felony DUI is serious; those convicted may face as many as 5 years in prison, and have their driver’s license suspended with no chance of obtaining even a restricted license for five years. However, in cases such as the above where the defendant may be facing additional charges of vehicular assault or manslaughter, the penalties will be much more severe. If convicted, individuals face up to 15 years in prison for DUI causing death under Michigan law.

November 21, 2012

Houghton County Man Gets Two to Ten Years in Prison for Role in Meth Lab

by Scott Grabel

In August of this year, 22-year-old Curtis Stough was arraigned on charges of operating a meth lab and attempted manufacturing of methamphetamine in Houghton County Circuit Court. Stough, a resident of Marquette, pleaded not guilty. He and 3 others were suspected of running a meth lab in Chassell, which was closed down in late June by police. If convicted, Stough would potentially face a sentence of up to 20 years in prison and possibly a $25,000 fine.

At a pretrial hearing in October, Stough pled guilty to the charge of attempted manufacturing of a controlled substance. On Monday November 19, Stough was sentenced to a minimum of two years in prison, with a maximum of 10 years. The judge in the case credited Stough with the 116 days he had already served, and charges of possession of methamphetamine and operating/maintaining a meth lab were dropped.

The three others who were involved include 21-year-old Kendall Clifton of Hancock, 25-year-old Nicole Saatio of Chassell, and 26-year-old Michael Newberry also of Chassell. Clifton entered a plea agreement in exchange for his testimony against the other three involved in the meth operation, pleading guilty to attempted possession of meth. According to news reports, Clifton was given a one year jail sentence in September.

Nicole Saatio will face a pretrial hearing in January, and is said to be undergoing treatment in Saginaw currently. December is when Michael Newberry will stand trial.

Curtis Stough stated at his sentencing that he is “determined to make a substantial change when it comes to my addiction and disregard for the law.” He urged Judge Charles Goodman to let him serve in prison boot camp, something usually not allowed in the first year, and said that he guaranteed this would be his first and last felony.

November 20, 2012

Harper Woods Man Faces 27 Charges After Firing Shotgun at Police, Neighbors

by Scott Grabel

Lester Chambers, a Harper Woods resident, is facing 27 charges after firing a “hand pump” shotgun at police officers and neighbors’ homes on Friday, November 16. The shooting incident occurred at approximately 2:30 p.m., resulting in several area schools being put on lockdown.

Harper Woods police responded after receiving reports of gun shots from a Lancaster Rd. residence. Reports claimed shots were being fired inside the residence and in the backyard. When police arrived on the scene, Chambers came outside unarmed but refused to be taken into custody. A standoff ensued, lasting for about 1 hour; during this time Chambers allegedly fired at police from inside the home. The shots struck two police vehicles.

Jim Burke, Harper Woods Police Chief, stated that he didn’t recall in his career ever seeing a single suspect face so many charges for a one incident. The standoff ended when Chambers eventually surrendered, after Burke and a female relative of Chambers coaxed him outside while talking to him on a cell phone. He surrendered his weapon and was taken into custody.

Chambers was placed in the Harper Woods Jail where he awaited arraignment on Monday before Harper Woods District Judge Roger J. LaRose. Chambers stated at his arraignment that he lived at the Lancaster residence with his wife and two young children. Following his arraignment, Chambers was taken to the Wayne County Jail and held without bond.

The charges against Chambers include 8 counts of assault with intent to murder, 8 counts of assault with intent to do great bodily harm less than murder, 8 counts of felonious assault, 1 count of felony firearm, 1 count discharge firearm at an occupied building, and 1 count of malicious destruction of police property. News reports state that Chambers faces a possible life sentence.

Michigan criminal defense attorneys understand that the charges Chambers faces are extremely serious, and that he may very well spend the rest of his life behind bars.

November 19, 2012

Ninth Member of Detroit’s ‘Hustle Boys’ Gang Found Guilty of Drug Trafficking

by Scott Grabel

In December of 2011, ten members of a violent Detroit gang known as the ‘Hustle Boys’ were indicted by a grand jury, eight of them arrested. The gang had been under investigation by federal agents and other police agencies for a lengthy time period, according to news reports which state the gang had been into drug trafficking. Marijuana and Oxycontin were some of the illegal substances said to have been sold and distributed by the gang members.

On Wednesday, November 14, a ninth member pleaded guilty. 21-year-old Jeron Gaskin of Detroit was convicted in federal court on three counts of drug trafficking. Allegedly, the Hustle Boys gang was sometimes trading drugs for guns; some of the drugs they would exchange for firearms included pain pills such as Opana and Oxycontin. They were also accused of running prescription drugs across state lines into Ohio and West Virginia, where they would sell the narcotics in fast food restaurant parking lots.

Investigators claim the gang operated the drug trafficking business in homes and hotel rooms in all three states. The gang also allegedly stored firearms and cash in an east side Detroit home located on Hamburg Street, where they counted and packaged the prescription pills.

Only the 10th suspect, William Beal, still faces trial on the drug charges. According to the FBI, the remaining eight co-defendants all pleaded guilty to the charges earlier. They include Darrell Ewing, Ashley Sallad, Mark Davis, Deonte Morris, Delmerey Morris, Pinkie Lewis, Randi Fortner and William Crews.

Detroit drug trafficking attorneys know that individuals who are convicted on these serious criminal charges often face life-changing consequences. Depending upon the type and amount of drug involved, penalties range from a few years in prison and substantial fines to life imprisonment and fines of up to a million dollars.

November 16, 2012

Suspect in I-96 Corridor Shootings Denied Bond, Faces 60 Counts Including Attempted Murder

by Scott Grabel

On November 5, police took a man into custody in Wixom who was suspected of being the shooter in the recent I-96 corridor shootings, which began on October 16 and had residents in the Detroit and surrounding areas very nervous. Only one person was injured during the ordeal; in all, 24 shootings took place in Ingham, Livingston, Oakland and Shiawassee counties. Police executed a search warrant on the 5th and took 43-year-old Raulie Wayne Casteel into custody at a residence in the area of Kings Crown Court and Loon Lake Road.

Reports indicate Casteel may suffer from mental illness; one news report said that Casteel made the statement that he was tired of military helicopters flying over his home. A news release stated that information collected during the investigation led to the arrest of Casteel, and that 10 law enforcement agencies made up the task force that investigated the shootings.

On Friday, November 9 Casteel was arraigned in Oakland County on 60 counts which included 9 counts of attempted murder. The suspect is being held without bond after Oakland County Assistant Prosecutor Kenneth Frazee stated in court that this was appropriate considering the charges against Casteel represented only a portion of the victims who were subject to the “acts of terror.”

Charles Groh, one of Casteel’s attorneys, said that the suspect was a stay-at-home dad who has never been convicted of a crime. Casteel’s wife supports the family which according to news reports lived at his in-laws’ home in Wixom.

Other than attempted murder charges, other charges Casteel faces include firing from an automobile, discharging a firearm from a vehicle, assault with a dangerous weapon and three counts of felony firearm possession, all related to a Livingston County shooting incident that occurred on October 18.

According to the Associated Press Casteel is scheduled for a court appearance on November 14th.

Considering all of the charges Casteel faces, no doubt he will be in prison for a very long time if convicted. What happened to set off a 43-year-old father of a two year old who has never been convicted of a crime in the past? Perhaps the story will continue to unfold in the coming weeks.

November 15, 2012

For Some, a Suspended or Revoked Driver’s License Can Mean the End of a Career

by Scott Grabel

Many individuals earn a living by driving, such as truck drivers, UPS and FedEx drivers, individuals who provide transportation services for the elderly, cab drivers, etc. For those people, losing the privilege to drive can mean the end of their careers. As Michigan driver’s license restoration attorneys, we understand the devastating impact this can have on an individual’s life and future.

Individuals who operate commercial motor vehicles and who are convicted of certain traffic violations are generally subject to harsher penalties than those who operate non-commercial vehicles.

Some of the traffic violations that may result in the suspension of your CDL include driving at speeds of more than 15 mph over the posted limit, improper or erratic change or use of lanes, careless driving, following too closely or being at fault in an accident that results in a fatality. Drivers who are arrested and subsequently convicted on these offenses will face a license suspension for 60 days if there have been two violations within a 3 year period in separate incidents. However, if there have been three or more violations within a 3 year time period which occurred in separate incidents, your CDL will be suspended for 120 days.

Other violations are even more serious, and can result in suspension of your CDL for 3 years if your work involves transporting hazardous materials. Otherwise, a first violation for operating under the influence, fleeing or eluding police, leaving the scene of an accident you were involved in, manslaughter, or the commission of a felony while operating a commercial motor vehicle will result in a one year suspension. Commit two of these violations in separate incidents, and your CDL is revoked for at least 10 years.

Michigan driver’s license reinstatement lawyers know that it is imperative that individuals who depend on a CDL for income take great measures to protect their driving privileges. This includes a regular operator’s license, as if this license is suspended, the CDL license will be suspended as well. However, suspension of a CDL license does not mean your operator’s license will be suspended.

November 14, 2012

Woman Accused of Stealing Detroit Pension Fund Surrenders in Florida After Trip to Nicaragua

by Scott Grabel

In August of this year, George and Teresa Kastanes were accused of initiating a Ponzi scheme which allegedly stripped more than $10 million from the Detroit Police and Fire Retirement fund.

The Florida couple received a loan in 2008 in the amount of $9.9 million from the pension system according to news reports. This money was purportedly to be used for investing in distressed properties for resale by the couple, who operated Paramount Land Holdings, a South Carolina based company. However, a federal complaint against the couple stated that no payments were ever made in the agreement.

On Tuesday, November 13, Teresa Kastanes surrendered to authorities in Fort Lauderdale, FL after arriving back in the U.S. following a trip to Nicaragua. Kastanes, who is 54 years old, was escorted off of the plane by Homeland Security agents.

News reports state that the pension fund money was to be used to purchase and restore more than 1,400 homes in the Detroit area which had been foreclosed upon. Instead, about half of the money was allegedly used for the purchase of jewelry and exotic art. Court documents state that only $2 million in interest was repaid to the retirement system.

Abner McWhorter was a partner in the Ponzi scheme with the Kastanes, who had approached him about the land-purchase business proposal. McWhorter presented the proposal to the pension board at Paramount Limited where he was president; the board granted the $10 million loan although it did not invest in the business. After reporting to the pension board in July of 2009 that the business was thriving, he requested an additional $8 million. It was while investigating the second loan that “numerous substantial breaches” relating to the initial loan were identified by the board.

Sadly, after being accused in the Ponzi scheme McWhorter took his own life in 2011. Teresa Kastanes’ husband was arrested earlier this year after federal agents were ordered by Judge Raymond Ray to find and arrest the couple who had failed to show up for court appearances. Teresa Kastanes was released from custody after surrendering her passport.