Michigan Criminal Lawyers Blog

September 10, 2012

West Bloomfield Police Officer Killed After Responding to ‘Shots Fired’ Call

Sunday evening, September 9th, is when one West Bloomfield police officer lost his life after responding to a “shots fired” call at a residence in the 4000 block of Forest Edge Lane in West Bloomfield Township. 39-year-old Patrick O’Rourke was met by gunfire at approximately 10 p.m. After being taken to McLaren Hospital in Pontiac, O’Rourke died. Married and a father of four, O’Rourke was the first police officer to lose his life in the department’s history. Following the shooting, several officers were involved in a standoff with the suspect; for more than 12 hours, gunfire was exchanged as the suspect remained inside a bedroom at the residence.

Police first believed they were heading to the residence to assist a suicidal man; upon their arrival, police called the man’s name, who then began firing shots through the bedroom door and walls, according to West Bloomfield Township Police Lt. Timothy Diamond. Diamond stated in news reports that the officers were somewhat ambushed after calling out to the suspect to ask if he needed help.

As of Monday morning, it is believed that the suspected gunman remains inside the home; some residents of Forest Edge Lane have been evacuated. News reports state that police believe he remains in the residence, and has fired at least 50 gunshots throughout the ordeal. Police also suspect that the gunman possesses an Uzi submachine gun among other weapons. Township officials intend to send in an armored vehicle in the hopes it will put an end to the tragic standoff.

O’Rourke, the officer who was fatally shot, became an officer in 2000 and was described as “a model police officer and a good family man.” According to Diamond, neighboring police departments have shown up to assist with the situation, and the Oakland County Sheriff’s Office SWAT team is taking over the scene. Police are still investigating the shooter’s background and so far have no motive for the shooting saying that they do not know what set the suspect off.

While there are a lot of questions still to be answered in this unfortunate situation, Michigan criminal defense lawyers know that until proven guilty beyond a reasonable doubt, those suspected of a criminal offense are innocent.

September 7, 2012

Fatal Amish Buggy Crash Leaves Faulted Driver’s License Suspended Indefinitely

by Scott Grabel

A May crash in Hillsdale between a vehicle and horse-drawn buggy carrying an Amish family resulted in the death of a 10-month-old boy. Now, the woman convicted in the crash has had her driver’s license suspended indefinitely. 70-year-old Doris Johns was also given a $1,275 fine and 24 months probation following her plea agreement, in which Johns pleaded guilty to two counts of committing a moving violation causing serious injury. All charges against Johns are misdemeanors; two charges including committing a moving violation in a school zone and committing a moving violation causing a death were dismissed.

According to news reports, Johns was distracted by a dog which caused her to look away from the road. When she returned her attention to the roadway in front of her, the buggy had slowed, causing her to strike the buggy, which then spooked the horse and resulted in the buggy veering off of the road and overturning. Michael and Margie Steury deny that their horse slowed, and claimed they did not see a dog.

Johns runs an adult foster care home and requested a trial in regards to the original moving violation causing death charge, but since the charge was dismissed she will be able to retain her license to run the facility. However, Johns’ driver’s license was suspended indefinitely by the Secretary of State. According to Neal Brady, Hillsdale County Prosecutor, it was a matter of keeping others safe, getting Johns convicted and getting her driver’s license suspended.

The Steury family was relieved not to have to relive the details through a trial, but did want Johns to be held responsible and to protect other Amish from her driving.

This is a sad situation that ended tragically; however, it was clearly unintentional. Michigan driver’s license restoration attorneys realize the importance of having a license and the right to drive, how essential it is to our everyday lives.

September 7, 2012

Ferndale Police Officer Struck by Suspected Drunk Motorist

by Scott Grabel

Late in August a Ferndale police officer was struck by an SUV during an incident in which officers were attempting to break up a crowd at the corner of Woodward and E. Breckenridge. Aimee Sturm, the 33-year-old female driver of the SUV, has been charged with Operating While Intoxicated.

The police officer who sustained injuries was crossing Breckenridge according to police, when a Dodge Durango drove straight toward him after turning from northbound Woodward on to eastbound Breckenridge. According to news reports, the officer yelled for the driver of the SUV to stop, and was signaling with his hands. The SUV continued on, apparently ignoring the officer’s signals, and drove into a parking lot after striking the officer.

When the SUV was finally stopped, police say that Sturm did not seem to realize that she had hit someone. After administering a breath test, police determined that Sturm’s blood alcohol level was .21. The officer who was struck sustained minor injuries; he was treated at a local hospital and released. Sturm has been arraigned on the OWI charges and bond was set at $750.

The incident took place around 2 a.m. on August 25th as Ferndale police officers responded to a disturbance in the area.

Driving while intoxicated (DWI) and driving under the influence (DUI) are considered criminal offenses in Michigan. More and more, states across the nation are cracking down hard on those who choose to consume alcohol before getting behind the wheel. However, Michigan criminal defense lawyers know that we are all human, and we all make mistakes. Without aggressive legal representation, individuals convicted of these types of offenses may face stiff monetary fines, jail time, driver’s license suspension and more.

September 6, 2012

Warren Bicyclist Allegedly Killed by Suspected Drunk Driver

by Scott Grabel

A northern Detroit suburb was the scene in which a bicyclist was allegedly killed after being struck by a suspected drunk driver. Andrew Macielak, a 51-year-old Warren resident, was injured when he was struck by a male driver on Monday around 8:30 p.m. The driver of the vehicle, 47-year-old Kittisak Clayphotong, fled the scene and was later apprehended by police. Macielak died at the scene after police arrived.

News reports state that police in southeastern Michigan suspected that the driver of the vehicle had been drinking prior to the accident. After Clayphotong fled the scene, police found him nearby. Warren Police Commissioner Jere Green said that the suspect was charged with failure to stop at the scene of an accident and operating a vehicle while intoxicated, causing death. After being arraigned on the charges in Warren’s 37th District Court, a judge set Clayphotong’s bond at $20,000 for each charge. Both are 15-year felonies. Clayphotong pleaded not guilty to the charges.

Clayphotong, a Flint resident, was allegedly traveling at a high rate of speed on Ryan Road south of 14 Mile when he crashed into Macielak’s bicycle, resulting in the victim’s fatal injuries. Police apprehended the suspect at a nearby 7-Eleven where he had blown a tire and then attempted to flee on foot.

Michigan criminal defense lawyers know that a charge of operating while intoxicated is serious, but when an individual loses his/her life as a result the penalties become much more severe. A first offense OWI is usually charged as a misdemeanor, and incurs penalties that include up to 93 days in jail, community service, fines of $100-$500 and a 30-day license suspension followed by 150 days restriction. When the death of another person occurs as a result of operating while intoxicated, a first offense is considered a felony. If convicted, an individual will face jail time of up to 15 years, fines of $2,500-$10,000 and a revocation of his/her driver’s license for a minimum of one year.

September 5, 2012

Death of 36-Year-Old Lansing Man Leaves Police Looking for Suspect

by Scott Grabel

On Friday September 1, 36-year-old Micah Arnold was shot multiple times according to Lansing police Capt. Daryl Green. Officers were dispatched to the 3100 block of Turner Street, where they found Arnold struggling for air as he was lying on the ground. After being taken to an area hospital, Arnold died at about 12:30 a.m. on Saturday.

According to Green, the Lansing police had identified a suspect in the shooting at that time and were continuing their investigation into the shooting.

News reports 3 days later revealed that police are looking for assistance from the public in locating 24-year-old Kelvin “Monroe” Bates, who is wanted for questioning in the murder of Arnold. Bates is described as a black man who is approximately 5′ 6″ tall, 125 pounds. He was last seen with his hair braided.

The incident is believed to have started over an altercation that occurred several days prior when a liquor bottle was thrown to the ground according to Arnold’s friends. The victim was shot outside Hildebrant Park apartments, where a female friend said that Arnold stood by as her brother told Bates to clean up the glass from the pavement. She said that Arnold was not involved, but that Bates returned on Friday and waved for her, her brother and Arnold to come closer. At that time, he pulled a gun and shot her brother in the leg and shot Arnold in the neck before shooting him multiple times in the chest.

Arnold had 3 children and was employed on the night shift at General Motors.

While this seems like a senseless crime, Michigan criminal defense attorneys know that frequently there is more to the story than is first released to the public. When Bates is apprehended, he will likely be charged with murder or homicide, an offense that carries extremely harsh penalties for those convicted.

September 4, 2012

Michigan Man Extradited to Hawaii to Stand Trial for Embezzlement

by Scott Grabel

John “Jason” Walaskay, a 41-year-old Whitmore Lake, Michigan man stands accused of embezzling cash from a Kona coffee grower; he has been extradited to Hawaii to face charges.

According to news reports, Walaskay was arrested on August 2nd in suburban Detroit at the Grosse Pointe Yacht Club. Walaskay was appointed as comptroller of the yacht club; it was his second day in that position when he was arrested on a warrant filed with the National Crime Information Center by local authorities.

A Kona grand jury had indicted Walaskay on June 18th on several charges including five counts of second-degree theft and two counts each of first-degree theft and use of a computer in committing a second crime. Cathy Kleger, a bookkeeper at Kona’s Best Natural Coffee, said that Kona lost almost $200,000 because of the offenses allegedly committed by Walaskay, who was employed as comptroller at the company. The alleged embezzlement occurred between March of 2009 and April of 2010; news reports state that Walaskay may face as many as 75 years in prison.

On Wednesday August 29th, Walaskay pleaded not guilty to all charges before Hilo Circuit Judge Glenn Hara. He is ordered to stand trial before Kona Circuit Judge Elizabeth Strance on October 3rd. Belinda Castillo, a Deputy Public Defender appointed to Walaskay’s case, requested that the defendant’s bail be reduced from $100,000 to $10,000. According to Castillo, Walaskay was questioned about the embezzlement issues when he lived in Hawaii several years ago, and was cooperative with police. Walaskay moved to Michigan recently after assuming that nothing became of an investigation into the allegations; he had no prior criminal history. The judge refused to lower bail, which remained at $100,000.

Joseph Fagundes III, attorney for Kona’s Best Natural Coffee, stated in news reports that payments which were supposedly being made to vendors and specific creditors were actually being made to Walaskay, and that the accused was under surveillance of federal authorities for a time.

Embezzlement is a serious criminal offense which leaves the accused facing severe penalties if convicted. Michigan criminal defense lawyers know that without capable legal representation, individuals convicted may face substantial fines, prison time and a permanent criminal record. Essentially, your career, reputation and future are at stake.

August 31, 2012

Arson Suspected in Burglary of North Lansing Parts Plus Auto Store

by Scott Grabel

Early on Wednesday August 29th, a Parts Plus Auto Store located at 3023 N. East Street was the scene of a burglary which took place around 3 a.m. According to Capt. Daryl Green of the Lansing Police Department, officers were dispatched after the alarm was activated at the store. When they arrived at the store, the front glass entrance door was shattered. The business owner believes that the suspect threw a brick through the glass front door to gain access to the store, according to news reports.

Police also found flames shooting from a semi-trailer parked on the north side of the Parts Plus store upon their arrival, and called in the Lansing Fire Department according to Green. The blaze was quickly extinguished, but arson is suspected and police will continue to investigate.

After inspection of the store, police called a representative in to determine what property had been taken. The business owner did believe that an undisclosed amount of money had been stolen from the cash register, but did not believe other merchandise had been taken.

The semi-trailer which was on fire belonged to Campus Cars Auto Sales, a business located next door to the Parts Plus Store. It was uncertain at the time of the burglary whether the two crimes were related.

Eyewitnesses who were in the area at the time of the burglary reported to police that they saw someone who was wearing a white hooded sweatshirt and light colored pants leave the area prior to the arrival of police. They said the person left the area on a bicycle. Anyone with further information about the crime are being asked to call the Crime Stoppers line at 517-483-STOP.

Michigan criminal defense lawyers know the seriousness of crimes such as burglary and arson, and how a conviction can negatively impact an individual’s life. A criminal record will make obtaining employment difficult; no one wants to live his or her life in prison. While it is not yet known if one individual committed both of these crimes, he or she could be facing serious penalties if found guilty for either offense, or both.

In this situation it may have been malicious arson, an offense that brings severe penalties to those convicted regardless of whether the intention was to harm others. Perhaps in the coming days we will learn the identity of the burglary suspect, and if that individual will also be charged with arson.

August 28, 2012

Lansing Judge Rules Teen Will Stand Trial for Driving on Suspended License and Fleeing Police

by Scott Grabel

An 18-year-old Lansing man will stand trial for allegedly fleeing police and driving on a suspended license, according to news reports. Anthony White, the defendant in the case, was bound over to Ingham County Circuit Court by Lansing District Judge Frank DeLuca on charges of driving on a suspended license and third-degree fleeing police, which is a felony.

It all began on August 14 when White was traveling almost 50 miles per hour near Pine and Willow Streets, where the posted speed limit is 25 miles per hour. A Lansing police officer was patrolling the area when he spotted the speeding vehicle around 1 a.m., then attempted to stop White when he caught up to him near Grand River and Washington avenues. White failed to stop and continued to elude police, who ended the chase in north Lansing because of road conditions and safety issues.

After running the license plate information on the vehicle, police found the vehicle was licensed to an individual living in the 1700 block of Donora Street. They proceeded to the location where they found the vehicle parked, then interviewed several individuals at the residence. Police also found White at the address.

White’s bond was originally set at $25,000 cash surety, however Judge DeLuca lowered it to 10% of $10,000 and ordered that White wear a GPS tethering device, refrain from driving and stay confined to his home, according to court records. He is scheduled for a September 4th arraignment in Circuit Court. News reports stated that if convicted, White may face a $1,000 fine and up to five years in prison.

Driving on a suspended license is serious business; whether the individual in this case knew his license was suspended is not known, but it may have been the reason he was eluding police. Now he possibly faces serious prison time if convicted.

August 27, 2012

Van Buren Township Family Found Dead Upon Attempted Notification of Death of Michael VanDerLinden

by Scott Grabel

A Van Buren Township man, Michael VanDerLinden, died in a fiery crash in Indiana on August 16th. When police went to his residence in an attempt to notify his family, they were found dead. VanDerLinden was involved in a car crash after he entered Interstate 94 in northwestern Indiana and drove east in westbound lanes, causing a deadly head-on crash. The driver of the other vehicle, 45-year-old Juan Nelson Jr., was killed also.

Van Buren Township police went to VanDerLinden’s suburban Detroit home to notify his wife and family later that same day, but got no answer at the door, which was standing ajar. Upon entering the home, VanDerLinden’s wife and two young sons dead inside. Linda VanDerLinden and her sons, 4-year-old Matthew and 7-year-old Julien, had been stabbed multiple times with a butcher knife. Reports also stated that Linda had been strangled.

Michael VanDerLinden was 39 years old; police were speculating after discovering the bodies of his family members on whether he may have killed them, then committed suicide by driving in the wrong direction and in the process taking an innocent man’s life. In November of 2011 firefighters were called to the residence after what may have been a suicide attempt when Michael VanDerLinden had taken some pills.

Captain Gregory Laurain of the Van Buren Township police stated that VanDerLinden not only drove the wrong way on the interstate, but had his headlights turned off as well, even though it was approximately 1:30 a.m. when the accident occurred.

Witness statements taken by police indicated that there had been strain and alleged abuse in the marriage. Laurain said that a former coworker and neighbor of Linda VanDerLinden stated that she had mentioned strain in the marriage, but had not clarified whether the abuse was verbal or physical. Even though the entire family died, police were continuing to investigate the murders of Linda VanDerLinden and her two sons.

Michigan criminal defense lawyers know that in this sad and unfortunate case, police may never know if Michael VanDerLinden did in fact murder his family.

August 24, 2012

Has Your Michigan Driver’s License Been Revoked or Suspended? Help is Available

by Scott Grabel

Michigan drivers license suspension attorneys realize that in the state of Michigan, your license may be revoked or suspended for a variety of reasons. However, getting your privilege to drive back isn’t always easy – in fact, far from it. We all take our privilege to drive for granted, until it’s been taken away. If you have been charged with DUI, reckless driving, drug possession, or have multiple speeding violations, you may find yourself without a license.

Perhaps you were charged with driving on a suspended license. For many people, the reason this happens is that they did not have the money to pay court ordered fines and costs, or simply forgot to pay the judgment against them. When a ticket or fine is not paid by the date it is due, your license is suspended automatically. Some individuals are not aware of this; then, when they are stopped and charged with driving on a suspended license, it is a complete surprise. The unfortunate thing is that this is a very serious offense that could land you in jail for as long as 93 days and cost you up to $500.

If your license has been revoked because of OWI/DUI, it is particularly serious. Driving is not a right, it is a privilege, and one which the Driver License Appeal Division of the state of Michigan takes very seriously. Certain violations will result in your license being suspended or revoked automatically by the Secretary of State under Michigan law.

Essentially, it is critical that you have the charge amended to a civil infraction or dismissed before it gets reported to the Secretary of State. Your attorney will know which alternative is best in your particular situation, so that he or she can prevent the charge from being reported, which could ultimately mean that you can avoid points against your license, and fees.