Michigan Criminal Lawyers Blog

June 23, 2014

One-Car Accident in Berkeley Results in DUI, Other Charges for Driver

On Friday June 20, 21-year-old Anthony Edward Torpey of Castro Valley was arrested following a one-car crash in which his Corvette slammed into a pole near the Claremont Hotel, according to the Contra Costa Times.

The crash, which occurred just before 2:30 a.m. on Tunnel Road, left Torpey’s 24-year-old passenger critically injured. Torpey fled the accident scene on foot, but was located by police just a short distance away. The passenger in the Corvette suffered such serious injuries that a fatal accident investigation team was summoned to the scene.

Tunnel Road is a major artery that feeds traffic into Berkeley from Highway 24, according to the report which said that the road was closed in both east and westbound directions for nearly five hours. The eastbound lane remained closed until almost noon.

Torpey’s passenger was listed in critical condition after being taken to Highland Hospital in Oakland for treatment of his injuries. Torpey was arrested for felony hit and run, felony DUI, battery on a police officer, and driving on a suspended license. According to the California DMV, Torpey had a number of past convictions include reckless driving, hit and run, and speeding. At last report he was being held in lieu of a $91,200 bail in Berkeley City Jail.

Michigan DUI attorneys understand the seriousness of being charged with a drunken driving offense, however the situation becomes far more serious when someone is severely injured. A first DUI offense typically leaves the offender facing up to 93 days in jail (though jail time is rarely served for a first offense), fines of up to $500, driver’s license suspension for 30 days, community service, and other penalties depending on the case.

An OUIL (Operating Under the Influence of Liquor) causing serious bodily injury charge leaves the offender facing far more serious consequences. In this situation, fines increase to amounts of up to $5,000, and incarceration time increases to up to 5 years in prison. In addition, the offender’s vehicle may be forfeited. Either way, a DUI or DUI causing injury can result not only in criminal penalties, but damage to the offender’s reputation and career as well.

June 23, 2014

$500K in Marijuana Seized in Mountain View Drug Bust; Three Arrested

by Scott Grabel

On Thursday June 12, three individuals were arrested in connection with manufacturing and possession of marijuana, according to a news article at the Mountain View Voice. The article claims that Mountain View police raided a building after securing a search warrant, discovering more than 800 marijuana plants.

Police seized the pot found at the building, which was estimated to have a street value of about $500,000. The Mountain View Police Department maintains a blog, which stated that in seizing the pot, police also seized a number of handguns, an assault rifle, and other illegal weapons. These items were found upon investigating the building located at 1132 Independence Ave. Police also recovered fans, industrial lamps, and other equipment used in the process of growing marijuana.

A few days after searching the Mountain View operation, police searched two homes in San Jose which they believed to be connected to the operation. In one home they located more than 30 lbs. of packaged marijuana and additional firearms. The other residence produced methamphetamine, two military-grade grenades, and illegal weapons.

Those arrested include 29-year-old Abby Rose, 33-year-old Semir Metovic, and 32-year-old Tito Hernandez. All face charges including manufacturing a controlled substance, possession of marijuana for sale, felon in possession of a firearm, and other charges.

The building where police initially searched is located behind Costco in an industrial section of Mountain View. Police are uncertain of how long the drug operation has been going on.

Manufacturing and distributing controlled substances is a very common and very serious crime that goes on across the U.S. today. Michigan drug crime defense attorneys know that if found guilty of the charges against them, the defendant’s in this case will face serious punishment, which will likely include substantial fines and jail/prison time.

In the state of Michigan, individuals who are convicted of marijuana possession with intent will face serious consequences which depend on the offender’s criminal history, and the amount of drug involved. Marijuana is a Schedule 1 substance, the most serious of all in terms of abuse and addiction. Possession of more than 200 pot plants with the intent to manufacture, sell, or distribute the marijuana will leave the offender facing fines of up to $10,000,000 along with prison time of up to 15 years. The manufacture of more than 100 marijuana plants in Michigan will result in charges at the federal level, which means even harsher penalties.

June 20, 2014

Royal Oak Man Enters Guilty Plea for His Involvement in Fraudulent IRS Tax Scheme

by Scott Grabel

Last month, a Royal Oak man pleaded guilty before U.S. District Judge Gershwin Drain for his involvement in the fraudulent filing of tax returns with the IRS. Shane Bateman, 42, is alleged to have stolen the identities and obtained mailing addresses and other information to use for filing false tax returns.

Bateman reportedly stole this information and gave it to other individuals, who used the stolen identities to file fraudulent tax returns. All of the returns were completed in a way that the purported taxpayers were owed a refund. Once the refunds were processed by the IRS, they were loaded onto Turbo Tax Visa debit cards. In all, the fraudulent tax returns filed with the IRS requested refunds of about $1.7 million. There were approximately 180 false tax returns filed; Bateman’s take in the scheme via ATM withdrawal amounted to about $186,000.

Acting Special Agent in Charge of the IRS, Criminal Investigation Carolyn Weber and U.S. Attorney Barbara McQuade announced Bateman’s involvement and guilty plea in the scheme. Bateman collected the personally identifiable information from victims during a time period beginning in September of 2011 through April of 2012, according to court records. Bateman is scheduled to be sentenced on October 2. The criminal penalties for filing fraudulent tax returns include up to ten years in prison, fines of up to $250,000, and restitution.

Bateman’s plea agreement states that he was not aware of the entire scope of the scheme to defraud innocent people. His part in the scheme was to collect the addresses and other personal information of innocent individuals, then provide that information to a “supervisor” in the scheme.

White collar crimes such as tax fraud typically do not involve violence, however the criminal penalties are still harsh. White collar crimes are generally money-related, financial crimes in which the defendant uses some devious or underhanded method to steal money that belongs to someone else. Money laundering, tax evasion, embezzlement, health care fraud, and racketeering or RICO charges are all examples of white collar crimes.

June 20, 2014

Illinois Man with Suspended License Records Police Chase, Posts on YouTube

by Scott Grabel

Most people who have had their driver’s license suspended know that if they take a risk and drive anyway, they better not flaunt the fact. Not so with a man who led police on a high-speed chase on his motorcycle and recorded the event with a bike-mounted camera before loading it up on YouTube. This incident occurred in Illinois in October of 2012.

31-year-old Hamza Ali Ben Ali was convicted last month of driving with a suspended license and aggravated fleeing/eluding police according to the Latin Post. Ali was riding a Honda CBR 1000 motorcycle when police attempted to pull him over, but he decided to have a little fun – while putting other people’s lives in danger.

On top of provoking police to chase him from a gas station he had pulled in to, Ali was wearing a GPS anklet due to past crimes he had committed. News reports indicate that the anklet recorded Ali’s speed in addition to his location; during the chase, he hit speeds of 115 mph. Ali put the final nail in the coffin by posting the video taken from a camera on his bike to YouTube.

Ali was sentenced to four years in prison.

Choosing to lead police on a high speed chase while wearing a GPS monitor and having a suspended license probably isn’t the smartest thing someone could do, but people do things that don’t make sense all the time. Perhaps it was the thrill of the chase. Unfortunately, Ali will no doubt lead a fairly dull life for the next four years while behind bars.

June 19, 2014

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

by Scott Grabel

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.