Michigan Criminal Lawyers Blog

December 11, 2014

California School Bus Driver Shows Up for Route Intoxicated

Last week, a Thermalito, California woman who is employed as a school bus driver in the Thermalito Union School District was arrested while on her way for her morning bus route, according to a news article at Action News Now.

Kimberly Oxley was reportedly on her way to work in her personal vehicle when an anonymous citizen alerted the Oroville Police and reported Oxley was drunk. According to Assistant Police Chief Al Byers, she has no prior criminal history with the Oroville Police Department. He also added that in addition to being arrested for drunk driving, the department was looking into additional charges in connection with Oxley attempting to drive a school bus that day, considering police suspect she was consuming alcohol as recently as two hours prior to being arrested at the bus yard.

While the school district said in the report that it would not determine her employment fate until Oxley had an opportunity to state her case through a Skelly hearing, Byers said his department filed the paperwork to hopefully prevent Oxley from getting her bus license back.

December 10, 2014

Colorado Death Row Inmate Appeals Prior 2004 Attempted Murder Conviction

by Scott Grabel

Robert Ray, a 28-year-old Denver man who is on death row for a crime he was convicted of in 2009, is appealing his conviction in an earlier criminal case, requesting a new trial in a case he was convicted of in 2004 for allegedly attempting to murder two men at an Aurora Park.

Ray was convicted of attempted murder in the 2004 shooting of Javad Marshall-Fields and another man; Marshall-Fields was the son of state Representative Rhonda Fields. Ray allegedly ordered the shooting of Marshall-Fields when he agreed to testify against Ray in the case. According to a news report at abc7 in Denver, Marshall-Ray and his fiancée were murdered a day prior to Marshall-Ray’s scheduled testimony in June of 2005; they were gunned down in a car. Because he was convicted in the attempted park murders, prosecutors felt that Ray should face the death penalty for the murder of Marshall-Ray and his fiancée, Vivianne Wolfe.

Ray is appealing his earlier conviction and hoping to get a new trial based on possible procedural errors.

December 9, 2014

Over Criminalization of Michigan and All of Our Country’s Population

by Scott Grabel

More and more each year, respected, hard-working citizens in our country are becoming “criminals,” mostly due to our over-zealous government. No where in the U.S. is this more true than in Michigan, where there are more than 3,100 crimes with the majority of those felony and misdemeanor offenses falling outside of the penal code. What is truly unfortunate is that today, an individual can commit a crime and not even be aware of it – often in the act of trying to do something nice or helpful for someone else.

America’s government has gained too much control over our lives. In fact, expansive government has seemingly fought to take away our right to life, liberty, and the pursuit of happiness. Today, millions of dollars are spent by U.S. states imprisoning individuals who are in no way a threat to society, even for crimes that prosecutors never for an instant thought were illegal.

One example of innocent individuals in Michigan who were put into legal jeopardy unknowingly in recent years includes a business owner who expanded his parking lot in an effort to accommodate his growing business. The land was later deemed a “wetland” by state regulators. Should the man be labeled a criminal? Of course not. This is one example of how ridiculously out of control criminal law is becoming.

December 9, 2014

Mississippi Couple With Infant in Vehicle Face Drug Possession, Other Charges

by Scott Grabel

On Saturday, December 6, two individuals from Brandon, MS were arrested following a traffic stop in Rankin County. According to a news article at Fox5Vegas, 30-year-old Tracie Burt and 37-year-old Thomas Allen Jr. were in the vehicle which was pulled over at approximately 9 p.m. by Rankin County police. A five-month-old baby was also inside the vehicle.

Upon pulling the car over, police found 80 grams of methamphetamine inside the vehicle. Burt and Allen were charged with child endangerment, possession of drug paraphernalia, possession of more than 30 grams of meth ice, and five counts of misdemeanor possession of a controlled substance. The two also face additional charges, Burt with disorderly conduct, open container, and introducing contraband into a correctional facility, and Allen with DUI, DUI child endangerment, tampering with evidence, careless driving, and more.

The article claimed the street value of the methamphetamine found in the vehicle to be about $8,000. Rankin County Sheriff Bryan Bailey said that this was a “large amount of street level dope,” and that it was destined toward the young men and women of Rankin County.

December 8, 2014

Teacher En route to School Crashes into Homes, Vehicles; Arrested for DUI

by Scott Grabel

On Thursday, December 4, 56-year-old Patricia Ann Robertson, a third grade teacher at Earl Warren Elementary School in Sacramento, was on her way to school when she missed a turn which resulted in her Mustang crashing into several vehicles and damaging two homes.

According to a news article at News10, Robertson has been placed on administrative leave from the school as an investigation begins into the crash, which police believe was a result of DUI. California Highway Police Officer Rick Turner said that a preliminary alcohol test performed on the teacher resulted in a reading that was three times the legal limit of .08 percent. At the time of the news report, Robertson’s blood test results were still pending.

Robertson told the officers that she attempted to make a right turn as she was driving westbound on Deddington Way, however she missed the turn and continued straight. This resulted in her Mustang sideswiping one car and striking another in a driveway, which pushed the car in the driveway into a home. Robertson’s Mustang continued forward before veering to the right and eventually crashing into the home next door to the one that had already been struck. John Sandu, the owner of the home Robertson struck, said that she had been speeding through the neighborhood for years, and that he had yelled at her on several occasions to slow down because there were children in the vicinity.

December 5, 2014

Florida Gay Couple Files Lawsuit Over Having Drivers Licenses Revoked Due to Name

by Scott Grabel

Last week, Daniel and Scott Wall-DeSousa filed a lawsuit in Orlando federal court demanding that their driver’s licenses be reinstated with their married last name, Wall-DeSousa. Scott Wall and Daniel DeSousa married in New York in 2013, and went through the Social Security Administration to legally change their last name to Wall-DeSousa, according to a news report at ABC News.

Florida is a state that frowns on same-sex unions, and when the couple moved to the state, the problems began. While Daniel successfully changed his driver’s license in Brevard County, Scott didn’t have the same luck. He did succeed in Orange County, however was told in Brevard County that in the state of Florida, his marriage license was not a legal document. Florida bans same-sex marriages.

After having their licenses changed, Daniel and Scott went on television with an interview by an Orlando station about their new driver’s licenses. Shortly thereafter, the two men received a letter informing them their driver’s licenses had been revoked from the Department of Motor Vehicles. The men filed the lawsuit against the Department of Highway Safety and Motor Vehicles based on the argument that their rights to equal protection, due process, and free speech have been violated.

December 4, 2014

Treasurer and Part Owner of Superior Metal Finishing Corporation Pleads Guilty to Tax Evasion

by Scott Grabel

Recently, United States Attorney Barbara L. McQuade and Special Agent in Charge of the IRS, Criminal Investigation Jarod Koopman announced in a press release that a 53-year-old Royal Oak, Michigan woman had pleaded guilty to tax evasion. According to the release, Robin Petty, who is part owner and treasurer of Superior Metal Finishing, a Detroit corporation, pleaded guilty to failure to report substantial income from 2008 through 2011. While Petty did report some of her income, she ultimately evaded payment of almost $340,000 in federal income taxes over the four year time period.

In 2008 alone, Petty under-reported her income by $236,933. She did report a total income of $119,117, however she had also received checks made payable to her from Superior Metal Finishing totaling $356,050. Because she failed to report the balance of the income for 2008, her tax liability for the year was understated by more than $70,000. Other years through 2011 were similar.

While Petty’s sentence had not been set at the time of the press release, income tax evasion carries punishment which includes a fine of up to $250,000 and/or a maximum of five years in prison. She agreed to pay restitution to the IRS in an amount of up to $339,526, and to pay $100,000 toward this restitution prior to her sentencing.

December 4, 2014

Fruitport Township Police Officer Dismissed from Duty Following Arrest for Drunken Driving with Child in Vehicle

by Scott Grabel

In late November, Fruitport Township Police officer Timothy Thompson was arrested for allegedly driving drunk with a child in his vehicle. On December 3, Thompson was arraigned on a misdemeanor charge of operating a motor vehicle while intoxicated with an occupant under age 16 in the vehicle, according to a news article at Mlive.com. Thompson, who is 36 years old, was arraigned in 58th District Court.

Thompson was reportedly taken into custody in Coopersville in the early morning hours of November 22. According to a news article at Fox 17, he had a three month old baby in the car with him, and was driving with a blood alcohol content that was nearly twice Michigan’s legal limit of .08 percent.

Police Chief Ken Doctor also confirmed that Thompson had been arrested for driving under the influence, and that he had been terminated from his position with the police department. However, he did not indicate whether Thompson’s firing was a result of the drunk driving arrest. A trial date had not been set at the time of news reports.

December 3, 2014

National Impaired Driving Prevention Month Focuses on Bringing a Stop to Drugged Driving

by Scott Grabel

December is National Impaired Driving Prevention Month, a campaign implemented by the President to increase awareness across the nation of the dangers and potentially deadly consequences of drugged, drunk, or distracted driving. Consuming illegal drugs has become increasingly prevalent in our society in recent years. During the month of December, efforts will be made educate and inform about the effects of drugs on drivers, and the impact on highway safety.

Drugged driving has become more common than drunk driving, according to a national survey. While drunk driving is still a huge problem, drugged driving has become an even bigger issue. A national survey revealed that in the U.S., drugs were present in weekend nighttime drivers more than seven times as often as alcohol. In addition, it is estimated that at least one-fifth of accidents in the country are caused by drugged driving.

Alcohol is considered a drug, and is a growing problem with teenagers. Other drugs teens frequently abuse that impair driving include marijuana, the most popular illicit drug with teens. Other drugs likely to be abused include prescription drugs such as OxyContin, Vicodin, and other painkillers. Stimulants such as Adderall are also popular among teenagers.

December 3, 2014

Florida Supreme Court to Decide Whether Death Penalty Inmate Will Get a New Trial

by Scott Grabel

Kim Jackson, a 45-year-old Florida man, was sentenced to death in October of last year after being found guilty of the 2004 murder of 49-year-old Debra Pearce. Jackson allegedly stabbed the victim in her chest and slashed her throat at her home on Bennington Drive in Jacksonville. Now, the Florida Supreme Court will determine whether Jackson’s conviction and sentence will be overturned and a new trial granted, based on arguments about the two pieces of evidence, a bloody fingerprint and a hair, both said to be the defendant’s.

In October, Nada Carey, Tallahassee Assistant Public Defender, raised the argument that in such a brutal murder, there were only two pieces of evidence – and even that evidence could be in question. While the hair and bloody fingerprint found in the victim’s kitchen did put Jackson in the victim’s home, Carey believes both could have been present for days or even weeks before the murder took place. Carey’s grounds for appealing Jackson’s conviction and sentence is that prosecutors failed to prove the fingerprint was left the day the murder took place.

Carey told Justice R. Fred Lewis that the state’s expert agreed that it was possible that blood splashing on top of the fingerprint, which already existed, could have preserved it. In addition, Carey said comments made about Michelle Royal, the defense’s fingerprint expert, by the Assistant State Attorney supported grounds for the case to be thrown out. Royal testified in court that the quality of the fingerprint was not adequate to determine that it was positively that of the defendant’s right little finger.