Michigan Criminal Lawyers Blog

February 16, 2016

Rochester Judge Pulled Over on Way to Court, Arrested for Drunken Driving

Early Saturday morning February 13, 34-year-old Leticia Astacio was pulled over on Interstate 490 by New York State troopers. Astacio, who is a Rochester City Court judge, was arrested for drunken driving after she refused to take a breathalyzer test.

News reports at Syracuse.com and CBS news revealed troopers were dispatched to an area near Mount Read Blvd. on I-490 at approximately 8 a.m. on Saturday when a one car accident was reported. It is believed the judge’s vehicle was the car in the accident, according to Trooper Chris Kowalski.

Astacio was on her way to court to preside over criminal court arraignments when she was stopped. Following her DUI arrest, another judge was called in to replace her. Astacio was released with an appearance ticket, and is scheduled to appear in court on the misdemeanor DWI charge in March. The appearance ticket issued to Astacio was designated DWI with refusal.

February 15, 2016

Owner of Race Timing Business in Bloomfield Hills Pleads Guilty to Filing False Tax Return

by Scott Grabel

Recently, the owner of Simmco Data Systems, a company that was one of the first to use RFID for timing of track marathons, pleaded guilty to filing a false tax return. According to a press release issued by U.S. Attorney Barbara L. McQuade and IRS Criminal Investigation Special Agent in Charge Jarod J. Koopman, 51-year-old David Simms pleaded guilty to charges after admitting that he did not report the full profits generated by his business on his 2011 Individual Tax Return.

Simms reportedly runs Simmco Data Systems from his Bloomfield Hills home, and while he did report some of the profits generated by his business for 2011, he failed to report the full $622,000 the company made that year, resulting in reporting of less taxes than the more than $230,000 he actually owed. He did this knowingly, according to the release.

According to Koopman, Simms’ goal was to reduce the amount of tax owed by omitting a portion of his income. Koopman said that individuals who purposely fail to report and pay their fair share of taxes will be investigated and prosecuted to the fullest extent of the law.

February 12, 2016

Prosecutor Dismisses Case Against Pinconning Man Facing Drug Charges

by Scott Grabel

In December of last year, 24-year-old Jonathan J. Pilat was pulled over by Michigan State Troopers after he was spotted in a cemetery and troopers noticed upon him leaving that the license plate light on his vehicle was inoperable. Upon pulling Pilat over, troopers noticed a plastic baggie in Pilat’s right hand, and had him get out of the Ford sedan he was driving. According to news reports, the white powder in the baggie was tested and found to be methamphetamine.

Pilat allegedly told police he purchased the meth from another Pinconning man for $15. He was arrested and charged with one count of possession of methamphetamine, an offense punishable by up to 10 years in prison along with fines of up to $15,000. Pilat said he was in the cemetery because he was in the midst of a divorce, and was gathering his thoughts.

A few weeks later, the prosecutor in the case requested that the charge against Pilat be dismissed; his request was granted by Bay County District Judge Timothy J. Kelly on February 1. There was no reason given as to why the charge was dismissed, and the prosecutor could not be reached for comment.

February 11, 2016

Appeals Court Overturns Conviction in Wire Theft Case

by Scott Grabel

In 2014, Chad Colton Bass was convicted in Lewis County in Washington State on charges of first-degree trafficking in stolen property, second-degree burglary, and third-degree theft in connection with the stripping of recyclable metals from a power pole in Centralia.

At trial, Bass testified that he believed the former owner of the home where the power pole was located had given permission for him to cut the wire from the pole; he maintained that he was not aware the residence was bank owned following foreclosure proceedings. An employee with the city of Centralia discovered the cut wire, and matched the cut end with wire sold at a metal recycler.

While his convictions for the second-degree burglary and third-degree theft charges were upheld, the Washington State Court of Appeals overturned the first-degree trafficking in stolen property conviction, ordering a new trial after finding the trial court refused to allow the jury in the case to consider second-degree trafficking in stolen property, a lesser charge. Appeals court judge Bradley A. Maxa wrote in his decision that in refusing to provide the jury with instructions regarding second-degree trafficking in stolen property, the trial court erred. The appeals court reversed the first-degree conviction and is now remanding the case back to court for a new trial.

February 9, 2016

Leather Jacket Left at Connecticut Bar Results in Discovery of Drug Factory, Arrest of Suspect

by Scott Grabel

Recently, a Danielson, CT man was arrested on numerous drug charges following an investigation that stemmed from a leather jacket found on a bar stool at The Sports Page in November of last year. According to news reports, a routine bar check was being conducted by troopers from the Quality of Life Task Force of Connecticut State Police’s Troop D when the jacket was discovered. In it was 20 grams of crack cocaine prepackaged for sale according to police.

The discovery of the unclaimed leather jacket led to an investigation and subsequent application for an arrest warrant. The warrant was executed earlier this week; the suspect, Jude Abellard, was found at his apartment along with a substantial amount of drugs, cash, and drug paraphernalia. Troopers discovered a digital scale, packaging materials, $576 in cash, and 72 baggies of crack cocaine prepackaged for sale. News reports indicate the 42 grams of crack cocaine has an approximate street value of $4,200.

Abellard is now charged with one count of intent to sell crack cocaine, two counts of possession of crack cocaine, and operating a drug factory. As of last reports, the suspect was being held on $125,000 bond and was scheduled to appear in court on February 9.

February 8, 2016

Alabama Man in Full Clown Costume Jailed Following DUI Arrest

by Scott Grabel

On Saturday February 6, a 51-year-old Fultondale, AL man was pulled over for driving in an erratic manner. Joel Allan Sloan was wearing a clown costume when he was pulled over by a Jefferson County sheriff’s deputy. Another motorist reportedly flagged down the deputy after noticing Sloan’s erratic driving.

Sloan was driving a red Ford SUV when the other motorist noticed he was weaving in and out of lanes. As the deputy approached to pull the suspect over, he noticed the vehicle crossing into the oncoming lane then back into his own lane.

According to news reports, Sloan did not explain to the deputy his reason for being dressed in full clown attire, but did say he had just been at a local restaurant where he had a few drinks. Authorities also found that Sloan had an outstanding felony warrant for first-degree theft of property. He was arrested and charged with DUI before being booked into the Jefferson County Jail. Sloan’s bond was set at $2,500.

February 5, 2016

Kincheloe Man Convicted on Charge of Solicitation to Commit Assault Sentenced to Prison

by Scott Grabel

In December of last year, Michael Robert Young, 27 and a former supervisor at Aramark was found guilty of solicitation to commit assault with intent to cause great bodily harm. Young, of Kincheloe, was recently sentenced and now faces up to five years in prison for the felony conviction.

According to news reports, Young was employed by Aramark at Kinross Correctional Facility when he allegedly solicited an inmate to assault another inmate who Young said was incarcerated for murdering one of his relatives. The inmate Young allegedly wanted to harm was located at a different correctional facility. An article at The Detroit News stated that Young gave the inmate the other inmate’s name, location, prisoner number, and other details.

State officials revealed in a statement that the inmate Young was attempting to solicit told the Michigan Department of Corrections about Young’s plot. Young was charged in May of 2015, and was sentenced this month.

February 4, 2016

Mississippi Man Convicted of Sending Poison-laced Letters to President, Others Files Appeal

by Scott Grabel

Recently, James Everett Dutschke, 45, filed an appeal in the 5th Circuit Court of Appeals asking the court to overturn the dismissal of prior appeals of his conviction in the Northern District of Mississippi. Currently, Dutschke is incarcerated in a Colorado federal prison, serving a 25 year sentence.

Dutschke, a former Tupelo martial arts instructor, pleaded guilty to four counts of sending ricin-tainted poisonous letters via mail to President Obama, Senator Roger Wicker, and others. Dutschke allegedly used the plot to set up a man whom he had issues with, Paul Kevin Curtis. Curtis was an Elvis impersonator who was not in good standing with Dutschke. Curtis was initially arrested, however authorities determined it was Dutschke who had developed the scheme. Curtis later sued the U.S. Dept. of Justice for wrongful arrest.

Dutschke’s first attempt to have a federal court overturn the dismissal for his convictions was rejected in October of last year by U.S. District Judge Sharion Aycock. His latest appeal attempt includes a five-page hand-written document. Dutschke insists his request to overturn his 2014 conviction is not “frivolous” because of the fact he does not have any legal counsel or guidance to proceed through the court system properly.

February 2, 2016

Connecticut Man Arrested on Drug Charges After Police Execute Warrant

by Scott Grabel

On Saturday January 30, police in Bridgeport, CT executed a warrant which resulted in the arrest of a 30-year-old man as the city’s Violent Crime Reduction Task Force undertook a major drug and gun bust.

Police executed the warrant on Aldine Avenue, where they found what was described as an elaborate marijuana growing facility in the basement, complete with high intensity lamps, agriculture supplies, grow tents, and a mechanical irrigation and exhaust system. Jack Kelhoffer was arrested after police seized numerous drugs and substances including 23 bottles of anabolic steroids, 250 human growth hormone tablets, 85 marijuana plants, and more than 500 grams of harvested marijuana. Xanax tablets were also found on the property, along with 21 rifles and hand guns found in two safes.

Kelhoffer faces numerous drug-related charges including possession of marijuana over 4 ounces, possession of marijuana with intent to sell, cultivation of marijuana, and possession of a controlled substance with intent to sell.

February 1, 2016

Florida Man Strikes Seven Vehicles, Arrested for DUI

by Scott Grabel

On Saturday afternoon January 30, a Delray Beach man reportedly plowed through seven vehicles on Congress Avenue in Boynton Beach as they were stopped at a red light. According to news reports, 47-year-old James Dean Martin was driving under the influence when the incident occurred.

Martin allegedly attempted to navigate his Ford pick-up between two lanes of traffic that were stopped at the light; Boynton Beach police were called to the intersection after witnesses reported the incident. Police charged Martin with DUI and driving on a suspended license. He was transported to the Palm Beach County Jail.

None of the motorists were injured in the incident, however spokeswoman Stephanie Slater said victims and witnesses had to detain Martin until police arrived on the scene.