Michigan Criminal Lawyers Blog

October 26, 2012

Michigan Running Back Fitzgerald Toussaint Sentenced for Drunk Driving Conviction

Michigan suspended license attorneys know that even for first-time offenders, the penalties individuals face when convicted of drunken driving are harsh. Recently, Michigan running back Fitzgerald Toussaint was sentenced by Saline District Judge Kirk Tabbey following his July arrest in which he was stopped for running a red light and found to be under the influence. According to news reports, Toussaint’s BAC (blood alcohol content) was 0.12 percent, 0.04 over the Michigan limit of 0.08.

Toussaint is now required to attend 10 AA meetings, undergo random alcohol and drug tests for 90 days, and pay $1,488 in fines and court costs. Toussaint was sentenced on Tuesday, October 23rd. After being stopped for running a red light, Toussaint admitted that he had been drinking brandy. While news reports do not mention it, many individuals have their driver’s license suspended or restricted for a specified period of time, depending upon the circumstances.

In Michigan, your driver’s license may be restricted for 90 days for a first OWVI (operating while visually impaired) offense. However, an individual who is convicted of OWI (operating while intoxicated) because of OUIL (operating under the influence) or BAC (blood alcohol content) may have his or her license suspended for 30 days, followed by 150 days of license restriction. For a second offense, an individual’s driver’s license will be revoked for a minimum of one year.

If you refuse a chemical test, your license will automatically be suspended and you have only 14 days to request an implied consent hearing. There are so many complexities involved when your license has been suspended or revoked; it’s extremely difficult to navigate the legal process without the support and guidance of a skilled attorney.

October 25, 2012

I-96 Corridor Shootings: Police Investigation Making Headway

by Scott Grabel

Recently, 22 random shootings have taken place along and near the I-96 corridor in Metro Detroit; as of yet, police have not been able to apprehend the gunman, but have tied seven of the bullet fragments to a single weapon, according to Oakland County Undersheriff Mike McCabe.

Thankfully none of the victims have been injured to date. Even though seven of the (bullet) fragments have been identified as belonging to the same gun, what type of gun that is cannot yet be confirmed due to lack of evidence. Police did recover a 9mm bullet casing in Perry, where a single incident occurred.

On Sunday October 21, a release was issued by the Oakland County Sheriff’s Department listing the vicinities of the shootings that have taken place in Ingham, Livingston, Oakland and Shiawassee counties, and the police/sheriff departments that have been involved in investigations:

Ingham County Sheriff’s Office, 7 incidents
Livingston County Sheriff’s Office, 1 incident
Oakland County Sheriff’s Office (Commerce Township), 2 incidents
Perry Police Department, 1 incident
Shiawassee County Sheriff’s Office, 1 incident
Wixom Police Department, 10 incidents
On Tuesday October 23, the number of incidents was updated to 27 according to a report by the Lansing State Journal.

After the 48-hour barrage of shootings last week, the gunman went silent. Police believe that the shooter is in his 20s or 30s, and that he is randomly firing on both pedestrians and motorists near the Interstate 96 corridor along a span that stretches from Ingham County to Metro Detroit.

Understandably, commuters who travel this route are fearful, and have rerouted their travels. School districts in the area have cancelled outdoor recess and locked down campuses. One victim in Ingham County gave a description of the shooter and his vehicle; police were able to release a sketch of the suspect based on that information, and believe he is driving a 1998 Toyota Camry or 1998 Oldsmobile Alero that is dark in color.

Michigan criminal defense attorneys know that once the suspect is apprehended, he will likely face very serious consequences. Is he a felon with a previous criminal record? What if the bullets that have been fired had struck pedestrians or motorists along the I-96 corridor, perhaps injuring or even killing them?

October 24, 2012

Detroit #1 For Fourth Straight Year on Forbes ‘Most Violent” City List

by Scott Grabel

According to Forbes “The10 Most Dangerous U.S. Cities” list, Detroit ranks #1 for the fourth straight year for violent crimes including rape, murder, assault and robbery of the cities with 200,000 or more residents.

News reports claim that violent crimes in the Detroit area decreased by about 10% in 2011, however the crime rate is still about five times the national average. Reports also claim that as of October 14th of 2012, homicides are up from the same time period last year, about 10%. There were 277 homicides recorded by this date in 2011, and 305 in 2012. In all, there were 344 homicides in 2011. Unfortunately, it appears that at this current rate, that number will be topped in 2012.

The FBI’s Uniform Crime Report statistics from 2010 were used to reach the 2011 conclusion; however, John Roman claimed that these statistics should not be used for comparing violence in the largest cities, as coming to the conclusion of which cities are the most violent can be “tricky” because of differences in economics, urban borders and police reporting standards. Roman is a University of Pennsylvania criminology teacher and a senior fellow at the Urban Institute. The FBI even warns against using the data to compare violence in cities in the U.S., however it remains one of the most thorough compilations available of crime data and statistics.

Michigan criminal defense attorneys realize that violent crimes are nearly a daily occurrence in Detroit and surrounding communities. In fact, just two weeks ago the Detroit Police Officers Association warned citizens and those who come from out of town to enter Detroit “at their own risk,” according to an NBC news report. The association claims that the police force is grossly understaffed, and with violence increasing, the existing staff cannot adequately protect the public. Much of this understaffing problem can be attributed to budget cuts and officers leaving the force due to extremely long work hours with what many feel are inadequate pay.

October 23, 2012

28-year-old Lansing Man Arraigned on 4 Felony Weapon and Firearms Charges

by Scott Grabel

On Monday, October 22, 28-year-old Sier Laone White of Lansing was arraigned on four felony charges. White went before Lansing District Judge Hugh Clarke after being charged with carrying a concealed weapon, receiving and concealing a firearm, possession of a firearm by a felon and felony firearm.

News reports state that White allegedly fired a handgun on Sunday evening, and that Lansing police responded after reports of shots being fired around 11 p.m. in the 2300 block of Beal Avenue.

When police investigated the report, they found two men walking in the area, who they tried to contact. White allegedly took off running when officers attempted to talk to them, according to police who then gave chase and apprehended White when he was unable to scale a large fence. Police also allege that White tossed a handgun which was loaded over the fence as they closed in on him. Officers retrieved the gun, and arrested White without incident. The man who was walking with White when police arrived was questioned and released.

News reports state that broken glass and shell casings were found in the area where gunshots were heard. No injuries were reported according to Lansing police Public Information Officer Robert Merritt.

White will face a pretrial conference on October 29 and a preliminary examination on November 1, both before Lansing District Judge Frank DeLuca. A $10,000 cash surety bond was set by Judge Clarke.

Michigan gun crime attorneys understand the seriousness of these types of charges, and the consequences individuals often face if convicted. Depending on the circumstances, those convicted may face substantial monetary fines, jail/prison time, and a permanent criminal record. Talented lawyers use their experience, knowledge and skill to prepare a vigorous defense which may be based on issues including whether the firearm or weapon was loaded or operable, whether your intent was to use it for hunting, and more.

October 19, 2012

Parchment AD John Thompson Found Guilty of Drunk Driving, No Verdict on Felony Fleeing Charge

by Scott Grabel

In April of this year, Parchment athletic director John Thompson was arrested by a Richland police officer and arrested for drunk driving and fleeing/eluding police. Thompson was charged with three misdemeanors including operating a motor vehicle with high blood-alcohol content, operating a motor vehicle while intoxicated, and having an open intoxicant in his vehicle. He was also arrested on a felony charge of fleeing and eluding police.

During the course of his trial, Thompson admitted to drunk driving and having an open intoxicant in his vehicle, but stated that he did not remember fleeing and eluding police. This was the most serious charge that Thompson faced. Thompson’s attorney, David Butler, told jurors that his client was in a “blackout” when police pursued him, and that Thompson did not recall running from police. He argued that his client was not guilty of the felony charge.

During Thompson’s own testimony, he stated that he did not know he left the Richland Pub where he and his boss, Parchment Public Schools Superintendent Matt Miller, had gone earlier in the evening to have a drink. Thompson said he had no recollection of getting into his car and driving, or fleeing from police.

Miller stated during his testimony that he and Thompson did not consume alcohol at Thompson’s home before leaving for the pub that evening. He also testified that Thompson did not exhibit signs of intoxication, which he would have considered slurred speech and/or stumbling. According to Miller, Thompson consumed three drinks which consisted of vodka and diet soda while in his presence. Later that evening, the two lost contact at the pub; Miller did not know that Thompson had left.

On Thursday, October 11, the jury was unable to reach a verdict on the charge of fleeing and eluding a police officer after more than 12 hours of deliberation; however they did find him guilty of the other misdemeanor charges.

A status conference has been scheduled for November 16 on the unsettled charge; sentencing on the charges Thompson was found guilty of will take place on December 3rd.

Experienced Michigan DUI defense lawyers know that penalties for those convicted even on misdemeanor charges can be serious, impacting the reputation and career of the individual convicted.

October 19, 2012

Former Allegan County Sheriff’s Deputy Charged in DUI Police Chase

by Scott Grabel

Michigan drivers license restoration attorneys know that when an individual’s driver’s license has been suspended or revoked due to multiple OWI/DUI offenses, having a license restored is not an easy process – in fact, it’s quite complex and usually requires the guidance of a skilled and knowledgeable lawyer.

Recently, a former Allegan County Sheriff’s deputy faced felony charges of fleeing and eluding police, resisting officers and a third offense operating under the influence. Kevin Haan, 47, was also charged with running over road signs, a misdemeanor offense. Michigan State Police were notified of a motorist driving erratically in Kent City on M-37 after other motorists called 911. The chase began; it went on for 20 miles, sometimes reaching speeds of 75 to 80 mph before Haan plowed into an old school in Muskegon Township.

Muskegon County senior assistant prosecutor D.J. Hilson said that upon inspecting Haan’s truck, officers found a bottle of vodka which was half consumed. Haan was working for the Allegan County Sheriff’s Department in 2004, when he was arrested on his first drunk driving offense. His 18-year career as a deputy came to an end when Haan was convicted on the charge. He was convicted on his second DUI offense in Kent County in 2005.

Those convicted on drunk driving charges often face several penalties, which may include monetary fines, jail time and a permanent criminal record. Even though those consequences are certainly nothing to be taken lightly, having your driver’s license suspended or revoked is perhaps the harshest penalty, because it severely impacts your ability to lead a normal life.

October 18, 2012

Detroit Cab Driver Fatally Shot; Second to Be Slain in Less Than a Month

by Scott Grabel

On Tuesday October 16th, a Detroit cab driver was shot and killed outside a Mobil gas station located at Conner Street and Harper Avenue on Detroit’s east side; this is the second cab driver to be killed in Detroit in less than 30 days. The alleged victim, Jawan McQueen, was identified by relatives but not named by police. News reports claim that McQueen was parked outside the gas station just after 4 a.m. when he was approached by two men who came from behind the station and began firing at the cab.

Neither of the two suspects have been arrested, but police believe that McQueen may have injured one of the men as he fired back at the two men from the cab before he was shot.

Jermaine Thomas, McQueen’s brother, told news reporters that McQueen, who lived in Roseville, had been driving a cab for less than a year. Three weeks ago another cab driver was killed in Detroit. According to Matt Oddy, manager of Checker Cab, two others have been wounded recently in the course of their job duties. Oddy said that this is a city-wide issue, and a problem that must be addressed.

Cab drivers who are dispatched by Checker Cab Company generally drive their own vehicles, or work for other cab owners. According to spokeswoman Kelly Rossman-McKinney, about 550 southeast Michigan independent drivers are dispatched by the company.

Understandably, cab drivers in the Detroit area have become very nervous due to the recent increase in violence against cabbies. Since McQueen’s death, many Metro Detroit cab drivers have complained that efforts to ensure the safety of drivers by authorities is lacking. In fact, Allen Powell, a Checker Cab driver, said that if drivers park their vehicles on main streets that are well-lit, they are likely to be harassed by police or even ticketed.

McQueen did have a concealed weapons permit, although Checker Cab says that they do not influence those with permits one way or the other when it comes to carrying a firearm on the job.

It is apparent that there is a risk for cab drivers in Detroit, and that the overall crime rate is much higher than anyone would like. However, Michigan criminal defense lawyers know that those convicted for crimes such as homicide or murder face extremely harsh penalties.

October 17, 2012

Former School Official Pleads Guilty to Defrauding Pontiac School District

by Scott Grabel

In March of this year, shocking allegations were made against a Pontiac school administrator involving use of federal and state education funds for personal purchases including furniture, clothes and expensive cars. The alleged offenses took place in 2011, according to news reports. Jumanne Sledge, former head associate superintendent for Organizational Development and Human Resources pleaded guilty to defrauding the Pontiac School District of $236,000 last week; he now faces as much as 30 months in jail along with restitution and loss of his Jaguar.

Federal agents obtained a search warrant which was applied for on January 26th. After conducting interviews and pouring over evidence, agents were convinced that Sledge had used funds for various expenditures, including shopping at Macys, Burberry and Saks, and for travel expenses for a trip to Chicago. Sledge also allegedly had an employee of the Pontiac school district write a $236,000 check to a company that he owned, according to investigators. FBI agent Brian C. Max obtained a court order to review Sledge’s investments and bank accounts, a lease agreement for a 2011 Mercedes 450 SUV, and to search his Oakland County condo at the Wabeek Country Club.

In all, Sledge was charged with money laundering and embezzlement, or “program fraud” under federal statutes. News reports allege that Sledge had the employee write the $236,000 check to Leadership Academy. He then purportedly converted the money for his own personal use after issuing a fraudulent invoice, according to U.S. Attorney Barbara L. McQuade. The issue was discovered when Darryl Cosby, Pontiac School District Security Chief, discovered that the district’s deficit had doubled in two years’ time after investigating finances at the request of the school board.

Sledge, a resident of Bloomfield Hills, turned himself in to authorities in March, and originally pleaded not guilty to the charges.

Michigan fraud defense attorneys know the serious consequences individuals convicted of such charges face. However, an aggressive, skilled lawyer also knows that these types of charges to not necessarily have to result in conviction and the penalties that apply.

October 16, 2012

Detroit Police Inadvertently ‘Stumble’ Upon Large Marijuana Growing Operation

by Scott Grabel

On Thursday October 11, the Detroit Police Gang Squad noticed a man acting suspiciously as they were patrolling a school near Linwood at the Lodge. The man, who had been walking when the gang squad spotted him, took off running. According to news reports, police then chased the man to a home on Wildemere, where they allegedly discovered a major marijuana growing operation.

Detroit Police Inspector Don Johnson said that officers found a substantial amount of cocaine and heroin inside the home, as well as more than 100 marijuana plants. The drugs’ street value was determined to be about $150,000 according to Johnson.

Stephanie Davis, a news reporter for WWJ Newsradio 950’s, was able to go inside the house as she was reporting the news story. Davis said that she spotted a book titled “The Cannabis Breeder’s Bible,” and that there were areas in the home with special lighting for growing the marijuana plants in various stages.

Johnson also stated that community involvement is important, and that neighbors in the area must have known what was going on at the residence. Johnson said, “I’ve had several individuals walk up and down the street as our officers are here, just trying to see what we’re doing, and they know that his house is here.”

At least one man was arrested at the abandoned residence on Thursday afternoon. As the scene was unfolding, a woman walking by the home told reporters that she saw a police vehicle, and that she did not know what was happening although she claimed to be the girlfriend of the man arrested.

Police allege that the tenants of the abandoned home were “squatting,” and that diverted stolen electricity was being used in the makeshift growing operation. The home was tidy with one bedroom being filled with several children’s toys and other personal belongings, according to Johnson. There was also allegedly a caged pit bull in the living room of the home.

A proposal on the ballot which will be voted on by Detroit voters this November would allow Detroit residents over the age of 21 to legally possess up to 1 ounce of marijuana for personal use. Johnson did not comment on the proposal.

Michigan drug crime lawyers know the serious consequences those convicted on charges of drug cultivation and manufacturing face. Substantial fines, jail time and a permanent criminal record are a few of the penalties those convicted may be subject to.

October 15, 2012

Detroit Father Found Guilty in Murder of 2-year-old Daughter

by Scott Grabel

On Friday, October 12, 32-year-old D’Andre Lane was found guilty by jurors of first-degree felony murder and child abuse. Lane is accused of killing his 2-year-old daughter, Bianca “Bacon” Jones, in December of 2011 although her body has never been found. Banika Jones, mother of the alleged victim, believes that Bianca is still alive, and that Lane is innocent of the charges against him.

The verdict came about 1 p.m. on Friday following a full day of deliberations. Lane, whose sentencing hearing is scheduled for November 16, intends to appeal according to news reports. Lane faces up to life in prison, the mandatory sentence for first-degree murder.

On December 2, it was alleged by prosecutors that Bianca wet the bed in the middle of the night and that Lane then beat her to death with a tape-wrapped stick, what they would later label a “cudgel.” He disposed of her body the next morning by covering her with a blanket, then taking it to a still undetermined location after delivering another daughter and nephew to their destinations. News reports claim that while the body has not been recovered, cadaver dogs indicated that at one time there had been human remains in Lane’s vehicle.

Lane told what prosecutors believe to be a fabricated story, claiming that he was carjacked and Bianca abducted as he was driving to the girl’s mother’s home to get her some clothes. Lane’s vehicle was found by police approximately 6 blocks away, still running.

According to Assistant Prosecutor Qiana Lillard, the weapon which Lane called a paddle was in her opinion a “cudgel,” a stick designed to be used as a weapon. She claimed that spanking a child to potty train him or her using a weapon made for that purpose is child abuse.

Several witnesses, along with Bianca’s mother, testified that they did not believe Lane killed his daughter, and that he was a caring father regardless of whether he used the stick to discipline his daughter. Banika Jones served from 1999 to 2002 as a chemical operations specialist in the U.S. Army; she claimed that she and Lane used corporal punishment to discipline their daughter, and that it was no one else’s business.

Michigan criminal defense lawyers know it’s often difficult to prove guilt beyond a reasonable doubt when there is no body; however in this case the defendant was found guilty.