Michigan Criminal Lawyers Blog

June 19, 2014

Shawn Tyson Appeals Murder Conviction in 2011 Killing of British Tourists in Newtown

In 2012, Shawn Tyson was convicted of the April 2011 murders of two British tourists in Newtown, FL. Tyson was sentenced to life in prison for the murders. Earlier this month, Tyson appealed his conviction, claiming that the sentence he was given in 2012 violates the Eighth Amendment’s ban on cruel and unusual punishment. Tyson was a juvenile when he was sentenced to life behind bars. He was 16 years old when given a life sentence without the possibility of parole, according to news reports.

Tyson, who lived in Section 8 housing in Newtown, allegedly gunned down two men from Great Britain who were vacationing in Sarasota, James Kouzaris and James Cooper. The two victims had been visiting bars in the Sarasota area along Main Street, when they stumbled into Newtown and were shot by Tyson in what is said to be a botched robbery attempt.

Tyson hopes to have his conviction overturned, however it is doubtful the young man will be released from prison. More likely, according to sources, is that Tyson will get a new sentencing hearing. In 2012, the U.S. Supreme Court ruled that a life sentence for juvenile offenders violates the Eighth Amendment. This ruling came just two short months after Tyson was sentenced to life in prison for the murders. State attorneys in the case believe that the defendant should go back to court for resentencing.

The appeal was scheduled to be argued on Wednesday, June 11 at the Second District Court of Appeal in Lakeland. Currently there is no further news regarding developments on the appeal.

Individuals who are convicted of murder, armed robbery, rape, and other offenses that result in substantial time or even life behind bars may have the option to appeal a conviction and/or sentencing. In this case, the fact that the defendant was 16 years old at the time is a critical factor, considering the ruling of the Supreme Court two months later. There are various factors in a criminal case which may support an appeal, including errors that may have been made by police, prosecutors, or even a judge or jurors. In some cases, testimony may be allowed which should not have been allowed, or jurors may be enlightened regarding a defendant’s past criminal history, making them biased.

June 18, 2014

Friday the 13th Proves Unlucky for Montana Man Arrested for 3rd DUI

by Scott Grabel

On Friday the 13th, 62-year-old Rick J. Fancher of Big Sky, Montana was arrested and charged with a third DUI offense after attempting to bail his wife, who was incarcerated for DUI, out of jail. Authorities say that Fancher showed up at the jail in a drunken state in an effort to have 44-year-old Stacey Jo Fancher released from jail.

Stacey Fancher was pulled over on Thursday evening after meeting a Gallatin County sheriff’s deputy on the road and failing to dim her lights. Her husband was with her at the time. Upon submitting to a preliminary breath test, it was found that Stacey’s BAC was .201, more than twice the legal limit of .08%. She was charged with aggravated DUI.

Three hours later, Rick Fancher left the jail after a failed attempt to bail out his wife. He had provided a breath sample at the jail, which indicated his blood alcohol concentration was 0.178%. The same deputy who had arrested his wife just hours earlier arrested Fancher after pulling him over on West Babcock Street. The deputy recognized Fancher from the previous incident. Fancher told the deputy that before his wife was arrested, he had consumed about three to four shots of bourbon and nine beers.

In Michigan, a third DUI offense is charged as a felony. This means that those convicted will face far more serious punishment than individuals who are charged with a first or second (misdemeanor) DUI. While all drunken driving charges should be taken very seriously, a third offense leaves the defendant facing up to five years in prison, fines of up to $5,000, community service, driver’s license revocation for a minimum of five years and possibly life, and more.

June 17, 2014

Newbury Township Drug Raid Nets Approximately $1.5 Million in Illegal Drugs

by Scott Grabel

On May 12, one of the largest drug raids in the history of Ohio took place at a residence in Newbury Township in Geauga County, according to various news sources. Four people were arrested and charged with first-degree felony possession of drugs. Authorities expect further charges when the case goes before a grand jury.

Sheriff’s deputies raided the home on Thursday evening seizing $128,000 in cash, ten loaded guns, steroids, 100 pounds of marijuana, six pounds of crystal meth, and one kilo of heroin which was described as pure, uncut black tar heroin. Sheriff Dan McClelland said that the street value of the drugs seized in the raid was estimated to be about $1.5 million.

An AK-47 assault rifle and SKS assault rifle were among the weapons seized at the residence. Detectives also seized a Jaguar, Cadillac Escalade, a box truck, what detectives described as “extremely sophisticated” audio recording equipment, and other property said to be valued at $2 million.

Authorities began investigating the residence on Park View Drive in early June after observing a truck that was parked on the street. The sheriff said that after speaking with the people associated with the truck, suspicion was aroused because of the vague and nondescript answers the people gave. After obtaining a search warrant, investigators ultimately found a hidden room in the basement of the home. The room where they found two safes filled with the majority of the drugs seized from the home was located behind a fabricated wall.

Those arrested include Ohio resident Raymond Utt, no age given, 36-year-old Jacquelyn Sanchez of Puerto Rico, 21-year-old Omar Lopez, a Mexican illegal alien, and 43-year-old Dominick Bangera of the UK. Lopez and Bangera were considered flight risks and denied bond; Sanchez and Utt are each held on $1 million cash or surety bond.

News reports indicated there was no sign that drugs were being manufactured in the home. Most defense attorneys would agree that there is no doubt the individuals involved will likely be charged with distributing or trafficking drugs in addition to the possession charges, at the very least.

In Michigan, possession of illicit drugs including heroin, marijuana, and methamphetamine can lead to extremely serious consequences for those convicted. If charged with possession with intent to distribute/deliver, the consequences become even more serious. In fact, in some situations an individual may face up to life in prison along with fines of up to $1 million. The penalties a person faces if found guilty of a drug crime depend on factors including the type of drug and schedule (Schedule 1 drugs are the most addictive and dangerous) and the amount of the substance involved, along with the defendant’s criminal history. For example, when someone is charged with possession with intent to deliver heroin and the amount involved is between 50 and 449 grams, that individual may be sentenced to a maximum of 20 years in prison and up to $250,000 in fines.

June 16, 2014

Speeding Atlanta Police Officer Facing Charges of DUI

by Scott Grabel

On Monday June 9, Atlanta police officer Daryl Vann was pulled over after he was spotted making an improper lane change and speeding, according to reports at the Atlanta Journal-Constitution. He is now on administrative leave pending investigation of DUI charges that were also leveled against him in addition to speeding and improper lane change.

The incident occurred on Interstate 85 just north of Pleasant Hill Road according to the article, which stated that Vann was exceeding the speed limit by more than 20 mph. He was spotted by a Gwinnett County DUI Task Force member who noticed his Nissan Altima speeding and driving erratically at about 2 a.m. Vann has been with the Atlanta Police Department for three years.

Vann allegedly failed a breathalyzer test and sobriety test; his BAC (blood alcohol content) was reported to be .1, just above the state’s legal limit of 0.08%. Vann did not deny having drank a few beers, although he could not remember exactly how many he had and told the officer he was rushing home. The Gwinnett officer claims that Vann asked for professional courtesy, however it was declined as the arresting officer told Vann that he had arrested officers in the past for DUI, and that there was no discretion in drunken driving cases.

While the news report does not indicate whether it was Vann’s first DUI, the criminal penalties in Georgia for a conviction include a mandatory minimum of 24 hours in jail, fines of $300 to $1,000, license suspension, 40 hours of community service, and more.

Drunken driving is a very serious offense in any state today. In Michigan, individuals found guilty of a first DUI offense will face penalties that include 360 hours of community service, up to 93 days in jail, driver’s license suspension, and fines of up to $500 among other penalties. While most first-time offenders will not face jail time in Michigan, the consequences are still serious. A criminal record will likely affect employment opportunities; having your driver’s license suspended will impact your life far more than you could imagine. You may also be required to complete a court-approved alcohol education program.

June 12, 2014

2010 Withdrawal of Commutation of Sentence by Former Governor Granholm Ruled Not Legal by Supreme Court

by Scott Grabel

In 1989, then 20-year-old Matthew Makowski was found guilty of stabbing Pietro “Pete” Puma of Dearborn to death. Makowski was convicted of first-degree felony murder, and sentenced to life in prison. At the time of the murder, Makowski managed a Dearborn health club. He alleged arranged for Puma, who was an employee at the club, to take cash to a bank. Puma went on the errand, not knowing that Makowski had arranged for a robber to take the cash from Puma, which the robber and Makowski would split.

After 20 years in prison, the state parole board recommended that Governor Granholm commute Makowski’s sentence. When he applied for commutation, he was listed as a model prisoner according to court records. In December of 2010, Governor Granholm signed the order to commute the defendant’s sentence and forwarded it to the Secretary of State’s office; it was then affixed with the state seal.

Once Puma’s siblings heard that Makowski’s life sentence had been commuted, they objected. Two days later, the governor decided that she would not commute the sentence; she retrieved the signed document and had it destroyed.

Makowski then enlisted the help of a law professor from the University of Michigan and a former Supreme Court justice. He sued, claiming that the commutation order signed by the governor was final, and could not be reversed. After going through the process at district and appeals courts, it was determined that these courts did not maintain jurisdiction to review commutation decisions made by the governor.

The matter was then turned over to the Michigan Supreme Court. It was decided that the governor could not take back her issuance of commutation. Justice Michael F. Cavanagh wrote that “The Constitution does not provide the Governor the power to revoke an unconditional commutation.”

The victim’s family members were not notified at the time Makowski applied to have his sentence commuted because they had not registered with Michigan’s Crime Victim’s Right Act. Therefore, at the time Governor Granholm ordered Makowski’s sentence commuted, there were no objections taken before the parole board.

June 11, 2014

Two Des Moines WHO-TV News Anchors Charged with Drunken Driving

by Scott Grabel

Two television news anchors for the same station in Des Moines, IA were recently arrested and charged with drunken driving, according to an article at the New York Daily News. One of the anchors, 47-year-old Sonya Heitshusen, has won five Emmy Awards for her journalistic excellence according to the article.

Heitshusen was arrested on Saturday, June 7 for driving drunk. Erik Wheater, her colleague at the station and a reporter/weekend news anchor, was arrested for driving while intoxicated on Friday, June 6.

Police claim that after pulling Heitshusen over in Des Moines, she refused to step out of her vehicle; she also refused to submit to a field sobriety test. After being taken to the police station, Heitshusen also refused the breath test. She was pulled over after police noticed she was driving on the wrong side of the road; it is Heitshusen’s first offense, according to The Des Moines Register. She was put in jail but has been released.

On Friday, Erik Wheater, Heitshusen’s 25-year-old colleague, was pulled over because his vehicle did not have a front license plate. Upon exiting his vehicle, police noticed that he fumbled when searching for his license and other documents, and was unsteady on his feet. Wheater submitted to a PBT and numerous field sobriety tests, failing them all. His blood alcohol concentration was found to be .125%. He was also charged with a first OWI offense.

In Michigan, even a first-offense DUI leaves the defendant facing serious consequences if convicted. The penalties for a first drunken driving conviction include driver’s license suspension, fines, and possible jail time. There are also other penalties that may apply, and the defendant will have a criminal record. Subsequent DUI offenses result in even harsher punishment.

Individuals who are pulled over in Michigan and asked to perform field sobriety tests or a roadside breath test should politely decline. These tests are not always accurate; in fact, how well you perform a field sobriety test is ultimately the police officer’s opinion. However, it is important that anyone who is arrested for drunken driving understand that if you refuse to take the breath test at the jail/police station, you are violating the state’s Implied Consent law. This could result in your driver’s license being suspended immediately.

June 11, 2014

Oklahoma Traffic Stop Results in DUI, Driving While License Revoked Charges

by Scott Grabel

Two weeks ago, 31-year-old Aaron Joseph Zvonek was driving his pick-up truck on SH-11 just north of US 64 in Alfalfa County when he was pulled over by an Oklahoma Highway patrol trooper who could not see his license plate.

According to Alva Review- Courier, Trooper Lisa Jorgensen pulled the pick-up over just before 10 p.m. on May 27. Upon requesting Zvonek’s driver’s license, she was presented with an Oklahoma ID card. Zvonek explained that he did not have a driver’s license. Jorgensen had the driver sit inside the patrol car while she ran a check on him.

Upon checking, Jorgensen found out that Zvonek’s driver’s license had actually been revoked. In the meantime, she noticed an odor of alcohol and questioned him regarding the amount he had drank. He replied that he had drank a few beer earlier. At this point, Jorgensen went to the passenger side of Zvonek’s truck and requested the passenger step out of the vehicle. Once she had a clear view into the truck, Jorgensen saw an open can of beer in the center console’s cup holder, and five cold beers remaining in a six pack of Bud Light. Zvonek would not take a breath test, but performed several field sobriety tests when requested by Jorgensen.

Ultimately, Zvonek was charged with DUI and driving while license is revoked. He was arrested and taken to the Alfalfa County Jail.

Michigan driver’s license reinstatement attorneys understand that in certain situations, an individual whose license has been revoked has no choice other than to drive, such as in a medical emergency. However, it is fairly clear that this was not the case with Mr. Jorgensen. Why do motorists take such dangerous risks? Consuming alcohol before or during driving and doing so with a revoked license only adds fuel to the fire.

In Michigan, the penalties for operating a vehicle with a suspended or revoked license are severe and include fines, jail time in some cases, and extension of the original length of suspension or revocation time. What is a bit ironic in this situation is that the driver was determined to be driving under the influence, one of the primary reasons drivers have their licenses suspended or revoked in the first place.

June 10, 2014

Mt. Washington Drug Bust at Residence Owned by Football Assistant Coach at Mississippi State Results in Two Arrests

by Scott Grabel

On Sunday evening, two men were arrested on Mt. Washington at a home owned by Mississippi State assistant coach Deshea Townsend, according to news reports at CBS and USA Today. Authorities do not suspect that Townsend is in any way involved in the heroin bust. The property near Pittsburgh is an investment property managed by a rental agent employed by Townsend.

As law enforcement conducted the large heroin bust, neighbors in the area said that they had no idea any drug activity was going on, and that they keep an eye out on the neighborhood. Many were surprised that such a large operation was being handled at the townhouse, which was believed to be the distribution point of what authorities called a “major heroin operation.”

While investigating the home, the DEA and other law enforcement agencies discovered 16 firearms, Cuban cigars, two luxury vehicles, jewelry and cash valued at more than $100,000, and 75,000 stamped bags (1500 bricks) of heroin. The two men arrested were 35-year-old James Perrin and 33-year-old Price Montgomery.

The two suspects were pulled over early Sunday morning while driving an Audi SUV. Police found heroin in the Audi, and executed a search warrant on the home. Perrin and Montgomery are charged with illegal possession of firearms, possession of heroin, possession with intent to deliver heroin, belonging to a corrupt organization, and criminal conspiracy.

Distributing heroin and other illegal drugs is a serious problem not only in Pennsylvania, but across the country. Lawmakers and law enforcement continue to crack down on offenders as penalties become tougher in an effort to reduce the amount of drug activity that goes on in our nation. In Michigan, the criminal penalties for those found guilty of possession of heroin with intent to distribute are extremely harsh, and include 20 years to life in prison depending on the amount of heroin involved. Those convicted will also face fines of up to $1 million.

Heroin is a Schedule 1 drug; drugs in this category are the most dangerous and highly abused of all, which is why the punishment for possessing or selling these drugs is so severe. In fact, even if an individual is arrested for possessing heroin, police and/or prosecutors may attempt to “trump up” the charge to a possession with intent charge if the amount a person is in possession of seems to be more than would be considered normal for personal use.

June 9, 2014

65-year-old Arizona Woman Arrested for Running Over Construction Worker, Suspected DUI

by Scott Grabel

On Tuesday June 3, a 65-year-old San Tan Valley woman was arrested after she allegedly drove while intoxicated and ran over a 41-year-old man working in a construction zone, according to news reports at World Now. Kathleen Fleetwood, who lives in a gated community, was arrested on charges of DUI, criminal littering, criminal damage, two counts of aggravated assault, and more according to the article.

Fleetwood was driving a Buick Enclave on Tuesday afternoon on West Hunt Highway at North Gary Road where construction is ongoing when witnesses claim she hit a construction worker after sideswiping a water truck. Witnesses said that the worker was thrown into the air on impact, then landed underneath construction equipment. Fleetwood attempted to enter her gated community, but was stopped from doing so by the construction supervisor and a landscaper, who followed her Enclave from the scene of the accident.

Fleetwood allegedly got out of her vehicle and attempted to hide a bottle vodka in a bush, according to eyewitnesses. She was driving at approximately 50 mph when she drove through the construction zone and struck the worker; the speed limit in the construction zone is 35 mph. The construction worker was not killed, but was taken to a Phoenix hospital via air after suffering serious injuries. A spokesman indicated that Fleetwood faces additional criminal charges.

In the state of Michigan, DUI causing serious bodily injury is a very serious offense, leaving the accused facing harsh criminal penalties if convicted. Penalties include fines of up to $5,000, along with possible prison time of up to five years and driver’s license suspension or revocation. If someone is killed in an accident or circumstances caused by a drunk driver, the driver may face criminal penalties that include up to 20 years in prison if the victim is a highway or emergency worker.

June 6, 2014

Detroit Tax Preparer Faces Up to 2 1/2 Years in Prison for Filing Fake W-2 Forms

by Scott Grabel

35-year-old Tiffiny Coleman of Detroit recently pleaded guilty to conspiracy to present false claims to a U.S. agency according to news reports at Mlive.com. Coleman, a tax preparer, allegedly included fake W-2 forms with the federal filings of taxpayers who were oblivious to her actions, including Henry Ford Health System, two Detroit casinos, and the Detroit Medical Center. Coleman is accused of adding fake forms to about 100 returns in 2010.

In all, Coleman filed W-2 forms that claimed more than $650,000 in tax returns. Coleman pleaded guilty of taking the proceeds from the inflated returns she filed, some for businesses that did not even exist during the year for which she was filing, 2009. The IRS claims that Coleman was paid over $480,000 which was deposited into accounts at four different banks she controlled.

In exchange for her guilty plea, Coleman will face a maximum sentence of up to two years and six months in prison. She will also be fined up to $250,000, and pay restitution. Coleman is scheduled to be sentenced on October 7.

Tax fraud is a serious crime; any time an individual is dealing with the IRS, creating fake documents will leave the accused facing serious criminal penalties if found guilty. While it is intimidating for most people to be accused of any wrongdoing by the IRS, and even frightening, it is important to have a capable and aggressive Michigan criminal defense attorney on your side.

The most common tax crime is tax evasion, whereby an individual avoids paying taxes he or she owes. However, there are crimes, most of them felonies, which involve submitting false information or fake documents, such as in the case above. Those who are found guilty will face prison time of up to six years, substantial fines, even seizure of property or asset forfeiture in some cases.