Michigan Criminal Lawyers Blog

July 3, 2014

Celebrating Independence Day – Safety Tips for the July 4th 2014 Holiday

While many people don’t think about the real meaning of Independence Day and the fact that this federal holiday celebrates the adoption of the Declaration of Independence on this date in 1776, many people do enjoy getting a day off from work. For most, it is a day to relax, maybe enjoy a backyard barbecue with friends and neighbors, or attend a fireworks display.

If you live in a city that allows it, you may be planning on shooting off a few fireworks yourself for your children to enjoy. Regardless of what activities you and your family choose to engage in, having a few beers or drinks may be part of the plan as well.

At Grabel & Associates, we want you to enjoy a fun and relaxed holiday, but we also want you and your family to be safe this July 4th. Here are a few safety tips to keep in mind so that everyone enjoys a great time and can look forward to next Independence Day:

July 3, 2014

Detroit Suburb Shooting Leaves Two-Year-Old Dead

by Scott Grabel

On the evening of Tuesday, July 1, a two-year-old toddler was killed and two other people injured in a Detroit suburb shooting, according to Michigan State Police who were canvassing the neighborhood at the time in search of information regarding a motive or suspect. Now, police have taken a suspect into custody who they believe was involved in the Inkster shooting, according to news reports at Mlive.com.

Other than the two-year-old victim, a 34-year-old man and 12-year-old girl were shot as the three sat on the porch at the home. Michigan State Police told the Associated Press that a single shooter was involved, although eyewitnesses have provided different accounts of whether the suspect left the scene of the crime on foot, got into a waiting car, or fled in a van after firing the gun at the victims. The 12-year-old girl was said to be in critical condition, and the man in stable condition.

On Wednesday July 2, police discovered that the shooting was in retaliation for an incident that occurred in April at an after hours club near the high school. They have taken in a suspect after speaking with the man, who was the two-year-old victim’s father. While the suspect was not named in news reports, he was located at his girlfriend’s home in Brownstown Township and taken into custody. Police are also now seeking a second suspect in the incident.

Michigan criminal defense attorneys would agree that the suspect, who thus far has not been identified, will face serious charges in this case, probably murder or homicide charges. Depending on whether the suspect pleads guilty or goes to trial, he could face up to life in prison if convicted by a jury. In cases where a person is charged with open murder, the jury will decide whether the offender will be charged with first- or second-degree murder.

All homicide charges are extremely serious, and will leave the offender facing a substantial number of years to life in prison if convicted. First-degree murder, the most serious of all charges, will result in life in prison. Second-degree murder (murder that is not premeditated or committed in conjunction with other crimes such as larceny, kidnapping, home invasion, robbery, and other offenses) will result in a prison term of any number of years to life.

July 2, 2014

Passenger on Motorcycle Hit and Killed by Drunk Driver in Atlanta

by Scott Grabel

On Sunday, June 29, 33-year-old Ellie Morris was killed in an accident involving the motorcycle she was a passenger on and a car allegedly driven by a drunk driver. The accident took place on the southbound side of the I-75/85 connector in Atlanta, according to a news article at CBS 46.

The motorcycle on which Morris was riding was driven by 37-year-old Saahir Salahuddin. The driver of a Hyundai Sonata, Jessica Johnson, was attempting to move into the left-hand lane so that she could access I-20 when she struck the back of the motorcycle. Upon impact, Morris fell off of the motorcycle and was then struck by Johnson’s car.

Salahuddin’s motorcycle then struck the median. He went to where Johnson’s car was stopped and called Morris’s name before leaving the scene of the accident on the motorcycle. When police apprehended him later at Grady Memorial Hospital, they arrested him and charged him with hit and run, first-degree vehicular homicide, and receiving a stolen auto.

Johnson, the driver of the Hyundai that caused the accident, was given a field sobriety test and breathalyzer test. Police claim her BAC (blood alcohol content) was .209, more than twice the legal limit of .08. She was charged with DUI alcohol and first-degree vehicular homicide.

Any time someone dies as a result of drunken driving it is tragic. Even sadder is the fact that death due to DUI is fairly common across our nation.

Anyone who is arrested or charged with DUI causing the death of another person must consult with a skilled Michigan DUI attorney right away. In Michigan, an accident such as the one above may result in DUI causing death or drunk driving manslaughter charges. This is a very serious charge that will leave the offender facing up to 15 years in prison if found guilty. Even more frightening is the fact that prosecutors could decide that the defendant should be charged with murder, a life offense.

July 1, 2014

Prince William County Drug Sting Results in Arrests of 68 Individuals

by Scott Grabel

In recent days, police and various law enforcement agencies performed a sting operation that resulted in the arrests of 68 individuals in the Prince William County area of Virginia, according to Potomac Local. Suspects were also found in Manassas and Manassas Park.

Police in Prince William dubbed the drug operation “dragon slayer.” Some of the substances the operations was targeting included heroin, prescriptions drugs, cocaine, marijuana, and ecstasy. The 68 arrests came at the end of the investigation, which was conducted by Prince William County, Manassas city, and Manassas Park Narcotics Task Force.

Reports claim that search warrants were executed at 13 locations and that six additional locations were also searched. Warrants were also obtained by police for 86 individuals. Investigators seized multiple firearms, drug paraphernalia, and more than $100,000 in cash in addition to the drugs.

In November of 2013, 40 individuals were arrested in Prince William under “Operation Blue Dragon.” In these latest arrests, police not only enforced Virginia law, but made educational materials, staff, and other resources available to arrestees in an effort to help the individuals understand substance abuse and pursue the help they need.

While news reports do not indicate the specific charges those involved face, Michigan drug crime attorneys know the consequences of being convicted of the possession or distribution of illegal drugs and narcotics. Depending on whether an individual is charged with possession of a drug, or possession with intent to distribute or deliver, the criminal penalties in Michigan may range from jail time to a substantial number of years or even life in prison, along with thousands or even millions in fines. Other factors which determine criminal penalties include the type and amount of drug involved, and the individual’s criminal history.

June 30, 2014

Suspected DUI Crash in San Bruno Leaves Three People Seriously Injured

by Scott Grabel

In the early morning ours on Sunday, June 29, three people sustained serious injuries following a crash that was suspected to have been caused by a drunk driver, according to San Bruno authorities.

News reports at Mercury News indicate that the collision happened just after midnight when two vehicles collided on Crystal Springs Road after one of the vehicles crossed over the center line. Officers stated that a Chevrolet Camaro crossed over the line, causing it to collide with a Ford Explorer. None of the individuals involved in the collision were identified, other than the driver of the Camaro, 19-year-old Hugo Gutierrez of South San Francisco. He sustained serious injuries, along with his passenger and the driver of the Explorer. Gutierrez was arrested on suspicion of drunken driving before being transported to the hospital.

Being arrested for suspicion of DUI is a serious matter, however it becomes even more serious when innocent people are injured. Michigan DUI attorneys know that those who have had a few drinks often feel that they are perfectly capable of driving. This is what alcohol does – it impairs your ability to rationalize, and makes many people feel invincible. Operating a vehicle after consuming any amount of alcohol at all is not a smart decision, as alcohol affects all people differently.

In Michigan, the criminal penalties for a first-time DUI offender include possible jail time, driver’s license suspension, fines, and community service. However, when the charges escalate to DUI causing serious bodily injury or even death, the consequences are much more severe. In fact, it is a felony offense that will result in a maximum of five years in prison, mandatory vehicle immobilization, fines of up to $5,000, and more.

If someone dies as a result of a drunken driver, the driver will face criminal penalties that include up to 15 years in prison and fines of as much as $10,000 if found guilty.

June 30, 2014

Appeals Court Overturns Mt. Morris Man’s Life Sentence in Infant Daughter’s Sexual Assault

by Scott Grabel

Daniel Allen Hall, a 28-year-old Mt Morris man convicted of sexually assaulting his six-month-old daughter, recently had his life sentence overturned by an appeals court, according to news reports at Mlive.com. Now, Hall has been resentenced to between 25 and 50 years in prison by Genesee Circuit Judge Geoffrey Neithercut, who previously sentenced Hall to life behind bars. The Michigan Court of Appeals ruled that Neithercut’s life sentence was improper due to the fact that he exceeded the sentencing guidelines but did not explain his reasons for doing so on the record.

Hall did admit to sexually abusing his infant daughter, a crime that Genessee County Prosecutor David Leyton called “heinous.” Hall was sentenced to life in prison in November of 2012. He was charged with first-degree criminal sexual conduct, communicating with another individual using the Internet to commit a crime, distributing child sexually abusive materials, and child sexually abusive activity Judge Neithercut told Hall at the time of the sentencing that, “In my 26 years as a judge I have seen dangerous people. I regard you as one of the most dangerous.”

Michigan’s state sentencing guidelines call for up to 15 years in prison, however when a victim is younger than 13 the law requires the defendant be sentenced to a minimum of 25 years for first-degree CSC. Daniel Bremer, Hall’s defense attorney, noted that his client’s new sentence still exceeded the guidelines. Hall plans to appeal his conviction according to Bremer.

Hall’s, wife was convicted by a jury on charges of first-degree CSC after they found she photographed the abuse of the couple’s infant daughter. She was sentenced to 25 to 40 years in prison. Alisha Hall alleged that her husband threatened to hurt her and the baby if she did not agree to participate in the abuse.

June 27, 2014

Moved Out of Michigan and Have a ‘Hold’ on Your Driving Record Preventing You from Obtaining a Driver’s License?

by Scott Grabel

Frequently, residents of Michigan who have had their driver’s licenses revoked for one reason or another (usually due to multiple DUI’s) move out of the state, then learn they cannot get a driver’s license in their new state of residence because of a ‘hold’ on their driving record in Michigan.

Anyone with a revoked Michigan license who moves out of state must obtain clearance of revocation in Michigan before you can obtain a driver’s license in the state you now live in. Many people mistakenly assume that when they move out of Michigan, they can easily get a driver’s license in the state they move to without any hassles. Not true. A revoked Michigan driver’s license follows you wherever you go! Even worse, the process of having your revocations cleared in Michigan is not easy, and requires clearance through the DAAD, or Driver Assessment and Appeal Division of the Michigan Secretary of State’s office.

You may have had your driver’s license revoked in Michigan regardless of whether all of the drunk driving offenses occurred in Michigan, or in other states. For instance, if you hold a Michigan driver’s license and rack up DUI’s in Wisconsin, Illinois, and Michigan, your license will be revoked. In fact, you don’t even have to have a DUI in the state of Michigan to have your license revoked, if your license was issued in Michigan and you get multiple DUI’s in other states.

It sounds confusing, and truthfully it is a bit complex. The most important issue here is that if you intend to get a driver’s license in the state that you have moved to and have a revoked license in Michigan, you will have to get clearance of the hold on your driving record. If your license was revoked in Michigan due to multiple DUI’s, it is critical that you have stopped drinking, and can prove it. Otherwise, winning clearance so that you can obtain a license in your new state will be nearly impossible.

June 26, 2014

2013 Paw Paw Stabbing Death Results in Prison Time for Illinois Man

by Scott Grabel

On Monday, June 23, 38-year-old William Chance Stephens of Benld, IL was sentenced to 142 months to 270 months in prison for his role in the stabbing death of Trey Yarbrough in Paw Paw in October of 2013.

According to Mlive.com, Stephens was charged with one count of open murder in the death, which is believed to occurred after the two men engaged in an argument about Yarbrough stealing money from Stephens. Detective Sgt. Kevin Conklin testified in court that the two men got involved in a verbal altercation at the Lakeside Inn. He went on to say that Stephens admitted to stabbing the victim. Paw Paw police found Yarbrough, who was 20 years old, with multiple stab wounds. He was found at a gas station located across the street from the Lakeside Inn.

Stephens was ultimately found guilty of manslaughter after his defense attorney requested that the judge in the case, Circuit Judge Kathleen M. Brickley, allow jurors to consider the lesser offense. He will serve a minimum of 11 years in prison.

In Michigan, an individual charged with open murder may be tried for first- or second-degree murder, determined by the jury. A conviction for first-degree murder would have left the defendant in this case facing life in prison. Manslaughter, whether voluntary or involuntary, leaves the defendant facing up to 15 years in prison along with substantial fines. Other factors that may affect sentencing include the defendant’s criminal history.

This story is just one example that shows why it is so important for anyone accused of a serious or violent crime to work with a skilled criminal defense attorney. Even someone charged with murder may escape lifetime imprisonment in some circumstances. While no one wants to face manslaughter charges or any criminal charges for that matter, most individuals would certainly prefer to spend 11 or 15 years behind bars when compared to the rest of their lives.

June 25, 2014

Teen Arrested on Suspicion of DUI After Striking San Bernardino Police Officer

by Scott Grabel

On Monday evening June 23, a San Bernardino police officer was in the process of making an arrest when he was struck by a vehicle driven by a teen who was believed to be under the influence of alcohol or drugs, according to KTLA 5.

According to the news report, the officer’s back was broken when he was struck by a vehicle at the intersection of Fifth and Mount Vernon Streets. The officer reportedly had his head inside a vehicle of two people he was attempting to arrest for graffiti. When the teen’s vehicle struck the officer, his head collided with the dashboard.

The teen driver reportedly lost control of his vehicle before striking the police officer. The driver, 18-year-old Steven Portillo, was captured on a convenience store video; the clerk said he appeared to be under the influence of either alcohol or drugs.

Portillo attempted to leave the scene of the accident after slamming into the officer, but was apprehended. He was treated at a local hospital for injuries. The police officer, who is in his 30s and has been with the San Bernardino Police Department for approximately six years, suffered a laceration to the head in addition to a broken back. He is expected to survive.

An investigation into the crash is ongoing, however Portillo was arrested for suspicion of DUI.

In the state of Michigan, any individual younger than age 21 may be charged with an OWI Zero Tolerance offense. Those who are 18 years old are not allowed to operate a vehicle with a BAC of 0.02% or greater (the state’s legal limit is 0.08%) in their system. The penalties for this offense include up to 360 hours of community service, and a fine of $250. However, if the individual is arrested for a drunken driving offense within seven years, he or she will face a second-offense DUI charge rather than a first-offense charge, which will result in harsher punishment.

In addition, individuals who cause an accident or are involved in other circumstances while under the influence of drugs or alcohol may be charged with OUIL causing serious bodily injury when someone else is seriously injured as a result. Under these circumstances, an adult may face criminal penalties if found guilty which include fines of up to $5,000 and prison time of up to five years. The offender’s driver’s license will likely be suspended or revoked as well.

June 24, 2014

Arizona Man’s Murder Conviction Upheld by Appellate Court

by Scott Grabel

Chip Moray Smith, a 43-year-old Golden Valley man who has been through three murder trials in connection the with the 2001 shooting death of Chris Darren Payton, has had his conviction upheld by an Arizona appellate court, according to a news article at the Mohave Valley Daily News.

Smith allegedly shot Payton in the head on the evening of August 12, 2001. Smith was driving in his vehicle with three other individuals when he passed Payton’s truck on Santa Maria Road. He retrieved a 9-mm rifle from his car, struck Peyton with the rifle, then shot him in the head, according to reports. Payton’s truck eventually flipped on its side after rolling up an embankment. Authorities allege that Smith got back into his vehicle, then left the scene without summoning help after circling the block to survey the scene one more time.

Payton was initially thought to have been killed in the truck crash, however the bullet wound was discovered during his autopsy. Smith was charged with first-degree murder. It is believed that he shot Payton because of a debt.

In 2002, Smith’s first trial ended in a mistrial. A second trial resulted in a conviction, however Smith won on appeal when the appellate court overturned his 2003 conviction and remanded the case back to court. Now, he has lost in appealing the verdict of his third murder trial. Smith’s attorney appealed the conviction, arguing that certain evidence should not have been admitted, that his client was deprived of a fair trial due to prosecutor misconduct, that Smith’s conviction should have been vacated by the judge, and that the judge imposed an aggravated sentence that was illegal. The appellate court did not agree.

Smith allegedly committed the murder while on release, so the Court of Appeals did not agree that the judge erred in handing down an aggravated sentence. Panel judges also did not agree that the prosecutor asked leading questions, or failed to disclose a witness’s plea agreement. In the end, the appellate court disagreed with every argument brought forth by the defendant’s appellate attorney.