Michigan Criminal Lawyers Blog

October 19, 2012

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

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.

October 12, 2012

Sobriety – an Important Factor in a Michigan Driver’s License Restoration Appeal

by Scott Grabel

Michigan driver’s license restoration attorneys know that the most important factor in getting your driver’s license restored when it has been suspended because of DUI/OUI is your ability to remain sober. Any driver can claim that they no longer drink, and will not pose a risk on the roads. Simply saying that you are now sober won’t get the job done. Examiners at your DAAD hearing will want proof that there is a low risk of you getting behind the wheel after you have consumed alcohol, and subsequently being charged with DUI or OUI again.

Have your driver’s license restored is not an easy task; it is essential that you obtain the guidance of a skilled Michigan driver’s license restoration lawyer who can ensure that you are well prepared, and that all necessary documentation has been gathered.

When you attend your DAAD hearing, Hearing Officers will demand that there is clear evidence that your alcohol problem is currently under control, and that (perhaps even more important) you are not likely to consume alcohol in the future.

Essentially, living a sober lifestyle is the key to having your driver’s license restored. While it may sound like an impossible accomplishment, as time goes by remaining sober becomes second nature. If you’re someone who usually drinks and parties on the weekends, it’s hard to imagine facing the weekend without a drink. How will it feel to spend the weekend in a sober state of mind? What will your friends think? This brings us to another point.

It’s likely that in order to maintain your sobriety, you will need to find a new set of friends. Hanging out with people who drink while watching a movie or football game, or who like to make the rounds to all of the clubs on weekends will make your efforts to remain sober nearly impossible.

Essentially, you will need to change up your “routine,” not going to those places that tempt you to drink. Whether you drink every day of the week, only on weekends, are a closet drinker or even a “binge” drinker, it’s important that you avoid those people/circumstances/places that are a temptation.. For instance, you wouldn’t want to make a stop at the liquor store you usually frequent to buy a coke or package of nuts. Avoid temptation, and it’s easier to avoid a relapse.

October 10, 2012

Kalamazoo Bank Embezzler Receives Federal Prison Term of 1 Year and 1 Day

by Scott Grabel

On October 2nd, Tammy Lynn Lumbard was sentenced by U.S. District Judge Paul L. Maloney to serve one year and one day in federal prison after being convicted on one count of bank embezzlement. The mother of three worked as a teller and supervisor at a Huntington Bank branch in downtown Kalamazoo.

In June, Lumbard pleaded guilty to stealing more than $108,000 from customers of the bank. According to news reports, Lumbard was making out checks on various customers’ accounts payable to “cash,” then forging their names on the checks. Her attorney asked that she not serve prison time and for the judge’s leniency because of his client’s family situation, however the judge denied that request.

However, Lumbard did receive a lesser sentence than the standard federal sentencing guidelines of 15 to 21 months in prison. Ray Kent, Lumbard’s attorney, requested that his client be placed on probation and sentenced to house arrest or community confinement. He wanted leniency for Lumbard due to alleged hardships in her life, and cited reasons including that she was the sole provider for the family. Kent said in the sentencing memorandum that Lumbard carried “guilt” because of uprooting her children, and that bills were piling up due to Lumbard being the only source of income for the family. He claimed that things got out of hand although his client intended to repay the money, and that the situation snowballed.

After being charged with embezzlement, Lumbard’s second husband forced her and the children to leave the home. Kent said that his client had saved a “sizable” chunk of money to begin repaying the money she had taken, but that her husband took the money. In addition to the one year, one day federal prison sentence, Lumbard was ordered to pay $108,630 in restitution.

The judge recommended that Lumbard be incarcerated at a facility close to her home, and that she receive a mental health evaluation and treatment while in prison.

Charges of embezzlement and/or fraud are extremely complex, and require the expertise of a skilled Michigan embezzlement defense attorney. Depending on the circumstances, those convicted may face up to 20 years in prison and substantial monetary fines/restitution.

October 9, 2012

Detroit Man Charged in Incident That Injured Beverly Hills Police Officer

by Scott Grabel

On Thursday October 4, an incident began when police responded to reports of a man with a gun at a TGI Fridays restaurant in Southfield. Officers gave chase when the man drove away from the restaurant; the pursuit went on for several miles before the suspect slammed in to a Beverly Hills Public Safety vehicle which was parked as the officer was placing “stop sticks” in the roadway. The officer was injured in the crash.

The high-speed chase eventually led to the arrest of 24-year-old James Bracy of Detroit. He was charged with multiple offenses including fleeing and eluding an officer causing serious bodily injury. Bracy is being held in the Oakland County Jail on a $1 million bond after being arraigned in Southfield District Court on Friday.

According to news reports, police chased the suspect north on Evergreen Road; just north of 13 Mile Road, Bracy lost control of the vehicle and struck a fire hydrant before crashing into the parked vehicle. After crashing into the Beverly Hills police cruiser, the suspect then struck the officer. Police said that the officer was thrown approximately 30 feet after being hit. His identity was not revealed, but officials claim that he is a 10-year veteran of the Beverly Hills Police Department. He was treated for a broken hip, arm, wrist and femur at Beaumont Hospital in Royal Oak. The suspect was treated for a broken nose at a local hospital prior to being taken into custody.

Bracy faces additional charges of carrying a concealed weapon, operating on a suspended license, possession of a weapon by a felon and possession of a firearm in the commission of a felony (two charges). He was convicted for carrying a concealed weapon in 2010 according to the Michigan Department of Corrections, and was released from prison in October of 2011.

Michigan gun crime attorneys know how serious these charges are, and understand the severe consequences those convicted face. Fleeing and eluding an officer resulting in serious bodily injury is a 10 year felony; the other charges will no doubt mean additional penalties for Bracy if convicted.

October 8, 2012

Roseville Mother Injured Trying to Save Children in Carjacking

by Scott Grabel

On October 4th, a 31-year-old mother was injured as she was run over while trying to save her children from a carjacking. At about 8:45 Thursday morning, the woman and her two children had gotten into her 2009 Jeep Grand Cherokee and were preparing to head to school when she realized she had forgotten something. She left the vehicle running as she went back inside the home; upon coming back out of the house, she witnessed two males which she described as “younger looking” getting inside her vehicle with her children.

As the alleged suspects began to drive off with the woman’s 7- and 8-year-old boys, she ran toward the vehicle screaming in an attempt to get them to stop, according to a release issued by Roseville police. The suspects did not listen to the pleading mother, and instead fled at a high rate of speed from the driveway. In the process, it is alleged that they struck the woman with the vehicle and subsequently ran over her legs in their efforts to get away.

Still in the woman’s vehicle, the suspects fled from the 26000 block of Collingwood Street to the 18000 block of Marquette Street. They lost control of the Jeep, striking a telephone pole. The suspects then jumped out of the vehicle according to police and fled on foot; the two boys jumped out of the vehicle and were not injured. Eyewitnesses told police that the suspects were picked up by a vehicle described as a dark-colored small SUV or minivan.

The woman was hospitalized and suffered head and leg injuries. On Friday morning following the carjacking, she was upgraded from critical to stable condition. A search continues for the suspects; Roseville police ask that witnesses call 586-447-4483.

Carjacking is a very serious criminal offense; Michigan carjacking attorneys know you may be charged with grand theft auto, joyriding or unlawfully driving away an automobile (UDAA). Even when no weapon is involved in the commission of the crime, you can face charges of carjacking. In the offense described above, the suspects could additionally face charges of kidnapping as well, which could ultimately mean life in prison and fines of as much as $50,000 if convicted.