Michigan Criminal Lawyers Blog

June 3, 2015

Massachusetts Man Freed From Prison After 21 Years, Prosecutors Say They Won’t Appeal Judge’s Decision

On May 18, a Massachusetts man who had been imprisoned for 21 years after being convicted of murder was released after a judge granted him a new trial. Now, prosecutors in the case say they aren’t sure whether they will request a new trial for Angel Echavarria, but they have decided not to appeal the judge’s decision.

Echavarria, who has maintained his innocence in the 1994 slaying of Daniel Rodriguez in Lynn, said that he knew this day would come. Echavarria, who is now 48 years old, was freed after a judge overturned his conviction on April 30 of this year. The judge made his decision largely due to questions raised by a decade-long project by the Schuster Institute for Investigative Journalism at Brandeis University.

The courtroom erupted into cheers as a court officer took the handcuffs off Echavarria, who always believed he would be freed, saying that he was not responsible for the murder of Daniel Rodriguez inside a Lynn apartment where Rodriguez and his brother lived. The two men were met by two armed men as they went into the apartment, according to a news report at the Boston Globe. The apartment was reportedly known for drug activity. Daniel’s brother, Isidoro, had his hands bound and was taken into a bedroom where he was ordered to lie on the floor, however he freed himself and found Daniel with his feet and hands tied; he had been shot twice in the head.

June 2, 2015

Mecklenburg County N.C. Probation Officer Arrested for Purchasing Heroin

by Scott Grabel

Recently, a Mecklenburg County probation officer was arrested after he allegedly bought heroin at the Stonecrest Shopping Center in South Charlotte, according to a news article at WSOCTV.com. Justin McGlamery, who had worked as a probation officer for less than one year, was previously employed in a prison unit.

This was reportedly the fourth time Union County Sheriff’s Office deputies had watched as McGlamery purchased heroin. Officers said he attempted to hide the evidence when caught at the shopping center, and ingested a balloon resulting in McGlamery being taken to a hospital. Chief Deputy Ben Bailey said that from the hospital, McGlamery was transported to the Union County Jail. He was charged with trafficking opiates, and four counts of possession of heroin. Deputies claim McGlamery sold prescription painkillers in order to buy heroin. McGlamery was selling oxycodone and Hydrocodone, according to the report.

Another news article claims that McGlamery was on duty on two occasions when he bought heroin, driving his state-issued vehicle and displaying his badge and gun. He was arrested and charged on May 28, and released from jail after posting $125,000 bail. McGlamery is scheduled to appear in court on the charges on July 7.

June 1, 2015

Janesville Woman Charged with Drunken Driving – for 10th Time

by Scott Grabel

On Monday evening June 1st, a 47-year-old Janesville woman was arrested for drunken driving; it was her 10th DUI offense, according to a news article at the Gazette Extra. According to a Janesville police news release, Tracy L. Hatcher refused a breath test, and was so intoxicated that field sobriety tests could not be administered by officers.

The arrest took place at approximately 6:30 p.m. when officers responded to a report of a woman lying outside her vehicle who was described as “belligerent” and “intoxicated.” Hatcher was transported to a medical facility due to the level of intoxication, where a blood sample was taken for alcohol testing. The release did not reveal her blood alcohol concentration, saying only that the results of the tests were pending. Hatcher’s license was revoked at the time, and she was cited for operating after license revocation.

Officers were initially dispatched to the 2500 block of Riverview Drive after a call was received reporting an “unwanted intoxicated subject.” In the interim, Hatcher left the location before officers received a second call and found her outside the vehicle in the 1800 block of S. River Road.

May 29, 2015

Detroit Woman Pleads Guilty to Second-Degree Murder While Mentally Ill in Killing of Friend with Slow Cooker

by Scott Grabel

In October of last year, 51-year-old Tewanna Sullivan and 66-year-old Cheryl Livy became involved in an argument over presidential politics. In the end, Sullivan allegedly killed Livy using a slow cooker; she allegedly had a blood alcohol level of .41, according to a news article at Mlive.com. This level is more than five times the legal driving limit of .08 percent in Michigan.

The incident occurred in a HUD housing high-rise in Livonia. The two women were close friends, according to Sullivan’s godfather, Marvin Jones who said the two women were “tight.” Sullivan’s attorney said that his client suffered mental issues which are possibly related to surgeries she had undergone in 2009 for a brain aneurysm. Sullivan was initially charged with first-degree premeditated murder, however the prosecutor’s office agreed to dismiss the charge in exchange for Sullivan’s guilty plea. Had Sullivan gone to trial on first-degree premeditated murder charges and been convicted, she would have faced automatic life in prison.

A news article at Click on Detroit stated that Sullivan struck Livy in the head repeatedly with the slow cooker until the victim became unconscious. She was transported to the hospital and pronounced brain dead when her family decided to take her off life support.

May 27, 2015

Grosse Pointe Woods Woman Pleads Guilty to Filing False Tax Returns, Sentenced to 21 Months in Federal Prison

by Scott Grabel

Approximately one week ago, it was announced in a press release by U.S. Attorney Barbara L. McQuade that a Grosse Pointe Woods woman had been sentenced for filing false tax returns with the IRS. Jarod J. Koopman, Special Agent in Charge of the IRS Criminal Investigation Division joined McQuade in the announcement.

According to the announcement, Janet Gentile pleaded guilty to filing false tax returns in September of last year. She was sentenced by U.S. District Court Judge Robert H. Cleland to 21 months in federal prison, along with restitution to be paid to the Internal Revenue Service in the amount of $219,123.

Between 2008 and 2012, Gentile embezzled more than $739,000 from her employer, Sagres Partners LP. The press release revealed that while employed as manager of the business management consulting firm in Grosse Pointe, she stole money from the firm’s owner, writing checks from the owner’s personal checking account and forging the owner’s signature. Gentile would make the checks out to “cash,” and write in the memo line that the checks were for petty cash. Essentially, Gentile was embezzling from the company, depositing the “petty cash” checks into her own account, and using the money to shop on QVC, the Home Shopping Network, and other shopping venues. She was charged with filing false tax returns due to the fact that she did not report the income on her federal tax returns, resulting in an understated federal income tax liability. Had Gentile properly reported the stolen funds as income, she would have owed the IRS $219,123 on the income.

May 26, 2015

Visit to Knott’s Berry Farm Results in Stolen Cell Phone Leading to Arrest of Six on Drug Charges

by Scott Grabel

On Saturday, May 23, a woman was visiting theme park Knott’s Berry Farm in Buena Park when he cell phone was allegedly stolen. When she contacted the sheriff’s department in San Bernardino, she reported that she had tracked down the phone to a residence in Hesperia, according to sheriff’s officials.

Upon arriving at the residence, deputies found that the owner of the home, Stacey Shelton, had visited Knots Berry Farm that day and pocketed the phone, a fact she readily admitted to. Deputies also found Bobby Turner at the home; he is a known parolee according to the news report at the LA Times, and had meth and needles in his possession.

Inside the residents, deputies found a hash oil extraction lab. The deputies than secured a warrant and began to search the home. While they did recover the stolen cell phone, deputies also found methamphetamine, marijuana, drug paraphernalia, and evidence that the hash-oil lab was being used. Hash oil labs use butane or other chemicals that are highly flammable to extract a concentrated form of marijuana.

May 25, 2015

DUI Arrests Down from Memorial Day Holiday 2014 in Arizona

by Scott Grabel

Michigan DUI attorneys know that nearly every holiday results in an increase in intoxicated driving, whether Memorial Day, Independence Day, Labor Day, or New Year’s. While the long holiday weekend is just coming to an end, a news article at AZCentral.com indicates that so far, the number of DUI arrests in Arizona are down from the same time a year ago.

On Sunday, the Arizona Governor’s Office of Highway Safety announced that across the state, a total of 216 DUI arrests were made between Friday and Saturday; this is down by 100 arrests from the same time period in 2014, when 316 arrests had been made. Of the 216 individuals arrested, 69 were considered cases of DUI extreme in which those arrested had a BAC of 0.15 or higher, nearly double the legal limit of 0.08 percent.

Arizona police did pull over more underage motorists suspected of drunk driving; in fact, there was a 55% increase in the number of minor consumption arrests and possession citations. During the two-day period, officers across Arizona made more than 6,100 traffic stops.

May 22, 2015

Suspected Carjackers Arrested in Detroit

by Scott Grabel

Recently, a group of carjackers was arrested by Detroit police. The group consisted of five individuals, four of the suspects teenagers. According to a news article at Mlive.com, the carjackers were arrested shortly after committing their second violent carjacking on Sunday.

Police said in a statement that a 19-year-old female driving a 2010 Chevy Malibu was carjacked at gunpoint at approximately 4:20 in the morning in the 12000 block of Northlawn. Four hours later, a second victim was carjacked at gunpoint. The 31-year-old male was driving a 2006 Ford Fusion in the 19200 block of Riverview. The second victim was robbed of $300, and fired at three times as the suspects drove away in his car.

The second victim told police the car the suspects were driving when they took his car was a white Chevy Impala, however after describing the vehicle, detectives determined it was actually the first victim’s vehicle, a white Chevy Malibu. After searching the area, police located the two stolen vehicles which they said were “driving in tandem.”

May 21, 2015

Maryland Court of Appeals Sends Convicted Murderer Adnan Syed’s Case Back to Lower Court

by Scott Grabel

According to a CNN new article published on May 19, Adnan Syed, convicted of killing ex-girlfriend Hae Min Lee in 2000, may now get a big break after the Maryland Court of Appeals agreed to send his case back to lower court. Syed’s case is covered extensively in the highly popular podcast “Serial,” a 12-episode series.

Raised in the podcast were questions regarding Asia McClain, a witness who gives Syed a potential alibi for the time period in which Lee disappeared. In January of 1999, Hae Min Lee and Adnan Syed were both seniors at Woodlawn High School. Lee disappeared; her body was discovered several weeks later in a city forest in Baltimore County. McClain claims that at the time of the killing, Syed was with her in the library, a piece of evidence that never made it to Syed’s trial.

The “Serial” podcast dug into one of the puzzles of the case, leaving questions regarding why McClain’s account of Syed’s whereabouts never made it into the defense case. McClain claims that her efforts to provide this evidence to Syed’s attorney “fell on deaf ears.” Whether or not Syed is granted a retrial in the Baltimore City Circuit Court may hinge on McClain’s testimony and version of the events.

May 19, 2015

Ongoing Narcotics Investigation in Kansas Leads to Arrests of Two Women

by Scott Grabel

In recent weeks, authorities have made more than 35 arrests related to narcotic drugs in the Fort Scott, Kansas area and throughout Bourbon County, according to a recent news article at The Fort Scott Tribune. Over the weekend, two women were arrested by the Fort Scott Police Department, bringing the tally thus far in the investigation to 37. Agencies participating in the drug investigation include the FSPD, the Bourbon County Sheriff’s Office, and the KBI Drug Task Force.

The two women arrested over the weekend include 30-year-old Maria Elena Durbin and 24-year-old Brianna M. Page. Both of the women were charged with unlawful possession of a controlled substance by a communication facility after being taken in to custody on arrest warrants.

Prior to these most recent arrests, the KBI, BCSO, and FSPD arrested 30 individuals on May 12 and five individuals on May 13. All were charged with unlawful possession of controlled substance using a communication facility and violating Kansas Statute 21-5707(a)(1). Some of the individuals also face additional charges. Communication facility means any form of communication including telephone, pagers, computer networks, beepers, wire, radio, etc. whether private or public instruments used to transmit sounds, signals, signs, writing (such as text) pictures, or any communication.