Michigan Criminal Lawyers Blog

May 30, 2014

Tale of $10,000 Diamond Ring Theft in Kentwood Difficult to Swallow

On May 16, Devontea Clifford Evans was admiring a $10,000 diamond ring in a Kentwood Zales Jewelry store located in Woodland Mall when according to police, Evans and the ring disappeared. Evans, who is 23 years old, denied having the ring when he was apprehended in the parking lot by mall security guards.

After reviewing video camera footage of the parking lot and mall on which it appeared Evans swallowed the ring, the suspect was taken to the Kent County Jail. After some careful consideration about how corrections officers could retrieve the diamond ring, a search performed on Evans a bit later revealed the ring was in his pants – which led to officers suspecting that the ring may have been hidden in another orifice.

Wherever the ring was ultimately hidden, Evans now faces charges of first-degree retail fraud as a third-felony offender. A resident of Hazel Park, Evans allegedly has a long criminal record in both Detroit and New Jersey, and is wanted on a warrant in Detroit. If tried as a third-felony offender, Evans will face up to 10 years in prison. The prosecutor’s office has offered Evans the opportunity to plea as a second-felony offender, which would decrease prison time to a maximum of 7 1/2 years.

In Michigan, first-degree retail fraud involves the theft of merchandise valued at more than $1,000. Theft can occur not only by an individual physically taking an item, but also by altering the price tag of an item in some way so as not to pay the full price. Theft or retail fraud can also be accomplished by taking a product back for a refund or exchange when it was never paid for initially, and the product still belongs to the store.

May 29, 2014

Florida Woman Convicted and Sentenced to 33 Years in Road Rage Incident Gets New Trial

by Scott Grabel

In April of 2010, Andrea Zampatti was involved in a road rage incident that resulted in injury to several individuals. She was convicted in 2013 of 14 felony charges by Judge Edward Hedstrom in a St. Johns County circuit court, and sentenced by the judge to 33 years in prison.

Zampatti was convicted by the judge on charges of aggravated attempt to elude with serious injury, aggravated battery on a law enforcement officer with a deadly weapon, aggravated assault on a law enforcement officer with a deadly weapon, six counts of aggravated assault with a deadly weapon, and more. Zampatti is getting a new trial after the 5th District Court of Appeals ruled that she was not able to make an informed decision when she gave up her right to a trial before a jury in 2013.

A report issued by the Florida Highway Patrol in 2010 states that Zampatti was driving in Ponte Vedra Beach on State Road A1A when she struck a bicyclist, a truck with two occupants, a deputy’s car, a driver of a scooter, and a Chevrolet Lumina. Zampatti’s defense attorney used an insanity defense, however the judge ruled against it.

An appeals court judge wrote in the ruling that the benefits of having a jury trial were not explained to Zampatti at the time. The appeals court said there is nothing on record that indicated that Zampatti was aware she could demand a jury trial when her defense lawyer desired a non-jury trial. Ultimately, Senior Judge Charles Harris concluded “having knowledge that your attorney asked for a non-jury trial is not the same as ‘knowingly, voluntarily, and intelligently’ waiving you rights to a jury trial.” On Friday, May 23, Zampatti won an appeal for a new trial. John Trevena, her defense attorney, said that a plea agreement may be negotiated with the state, or the case could go before a jury.

Michigan criminal appeals attorneys know how difficult it is to win an appeal, whether appealing a conviction or sentence.

Many individuals who are found guilty of crimes are not aware that they may have other options. A person may be sentenced to 10 years in prison for a sex crime, life for murder, or any number of years for a drug offense. Regardless of the situation, defendants have a right to appeal a conviction or sentence when there are strong facts or legitimate reasons that support it. In this instance, it appears that the defendant was not made aware that she could insist on a jury trial, and the benefits of that type of trial versus a non-jury trial.

May 28, 2014

Broward County Florida Judge Arrested for DUI

by Scott Grabel

On Tuesday May 27, Florida Broward Circuit Judge Lynn Rosenthal was arrested for DUI after her vehicle collided with a parked sheriff’s patrol car in a parking lot behind the courthouse, according to news reports at CBS Miami. She was arrested shortly after 8 a.m.

Ted McClode who witnessed Rosenthal trying to walk from her vehicle said that she “had a hard time doing it.” A breathalyzer test was administered, however it registered .000 for alcohol. Rosenthal claimed that the reason for her behavior was that she had taken Ambien (a sleep aid) the night before, but she did refuse to give urine or blood to be tested. According to investigators, Rosenthal failed heel to toe step field sobriety tests and could not maintain her balance.

Two deputies witnessed the collision in which Rosenthal’s black SUV struck the parked sheriff’s patrol car near the entrance to a parking garage. One of the deputies claimed that he saw her strike the patrol car along with a closed gate at the parking lot. When asked if she was injured, the judge replied that she was not hurt and was not injured in the “other” crash she had been in earlier in the morning in which she alleged that a truck attempted to run her off the road. Upon producing her cell phone to show a video of the incident, Detective Michael Wiley said that Rosenthal was drifting across lanes on I-595 and eventually went to the breakdown lane before striking a concrete barrier wall. He claims there was no truck or other vehicle operating in a manner that influenced the judge’s path of travel.

Rosenthal was charged with DUI with property damage and DUI first-offense. She is the third Broward judge arrested for driving under the influence over the past six months according to news reports.

Michigan drunken driving attorneys know that anyone can be arrested for DUI. As indicated in this story, judges are human just like the rest of us. Mistakes are made, and although it appears that Judge Rosenthal was impaired after taking Ambien rather than due to alcohol, her ability to operate her vehicle safely was affected. Most people associate DUI charges with alcohol, and while this is usually the case, individuals may be charged with driving under the influence when there are other substances such as illegal or prescription drugs in their systems.

Regardless, the criminal penalties for those convicted of DUI are serious. Depending on factors including whether it is a first or subsequent offense, penalties may include steep fines, jail time, driver’s license suspension, community service, or even successful completion of an alcohol program.

May 28, 2014

Arrest Raid Conducted in Maine & Massachusetts Results in at Least 12 Drug-Related Arrests

by Scott Grabel

On Thursday May 22, at least 12 individuals were arrested following arrest raids conducted by more than 60 law enforcement officers in Auburn and Lewiston. According to the Portland Press Herald, a federal investigation had been ongoing for several months as authorities worked to uncover those involved in the trafficking of cocaine, oxycodone, and heroin in Androscoggin County. Portland U.S. District Court records indicate that authorities expected to make additional arrests in the coming days.

Several agencies worked together in conducting the arrest raids including the FBI, the U.S. DEA, Lewiston and Auburn police departments, Maine State Police and DEA, federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and U.S. Customs and Border Protection. In the course of the arrests, authorities also seized firearms, drugs, and at least one vehicle according to Lewiston Police Chief Michael Bussiere.

On May 20, a federal grand jury in Portland returned a nine-count indictment that led to authorities securing arrest warrants for 16 people. On the morning of May 22, law enforcement authorities began bringing those who had been arrested to courtrooms to face the judges on charges which range from unlawful use of a communication facility to felony drug trafficking conspiracy. Punishment for the drug offenses range from four years in prison to fines of as much as $5 million and 40 years in prison, according to the article.

Romelly “Marcus” Dastinot, a 33-year-old Lewiston resident, was the lead name on the indictment. He was arrested on charges of possession with intent to distribute oxycodone related to a March 22 incident, and conspiracy to traffic more than 100 grams of heroin, 28 or more grams of cocaine, and oxycodone in connection with offenses ranging over a time period beginning in early 2012 and continuing through May of this year. Others arrested in the raid range in age from 22 to 52.

All crimes involving illegal drugs or narcotics are serious, whether an individual is accused of being in possession of an illicit substance, manufacturing the drug, or distributing/delivering it. Naturally, someone who is found to be trafficking drugs will face punishment that is more severe than someone who possesses a small amount of marijuana or meth; however, the consequences can affect you for life. An arrest and conviction will leave you with a criminal record, and possibly a ruined reputation and career.

May 27, 2014

Snohomish County Judge Cannot Sentence Man Arrested for 16th DUI as Harshly as She Would Like

by Scott Grabel

On Tuesday May 20, Snohomish County Superior Court Judge Marybeth Dingledy sentenced 53-year-old Timothy Hansen to three years in jail. She would have sentenced Hansen to prison she said, but cannot send him there due to Washington law. While Hansen has been arrested 16 times for driving under the influence and convicted nine times over the past 27 years, he has not been convicted four times within a 10-year period.

Under Washington law, an individual must be convicted for DUI four times within 10 years to be charged with a felony and receive prison time. According to a news article at KIRO TV, Hansen has pleaded to lesser charges so therefore has three convictions during a 10-year time period. The judge did sentence him to three years in jail, which was more than the prosecutor in the case had requested. Judge Dingledy said at Hansen’s sentencing hearing “Given how many chances you’ve had I can’t give you another one. I’m going to hit you with everything.”

The judge also told Hansen that it amazed her he had not hurt anyone as many times as he has driven while intoxicated. While he refused the breathalyzer in his latest arrest, it was found that Hansen’s BAC (blood alcohol concentration) was more than twice the legal limit when blood was drawn by doctors a few hours later.

In the state of Michigan, individuals who are determined to be operating a vehicle with a BAC of .17% or more (twice the legal limit of .08% in Michigan) will be charged with a super drunk OWI offense. A first high BAC offense leaves the accused facing criminal penalties that include fines of up to $700, up to six months in jail, driver’s license suspension for one year, and more if convicted.

May 23, 2014

Detroit Police in Pursuit of Hit-and-Run Driver Who Left 8-year-old Girl Seriously Injured

by Scott Grabel

On Monday May 19, 8-year-old Kamari Smith was struck by a silver Dodge Charger as she was waiting with a group of kids to get ice cream from a truck on Robson Street. The vehicle fled the scene; police have been searching for the driver since the hit-and-run accident, and believe it may be the vehicle that was recently investigated by arson detectives after an auto fire was reported.

As of last news reports, Detroit Police Sgt. Michael Woody would not confirm or deny whether it was the burned out vehicle that had struck the little girl. As of Wednesday, the owner of the vehicle had been identified, but had not been interviewed. Kamari was reported to be in critical condition at the Detroit Medical Center Children’s Hospital.

Neighbors in the area said that it wasn’t the first time they had seen the silver or gray colored Charger in the neighborhood. A friend of the girl’s said that when she came outside, she saw Kamari on the ground. Ronald Cummings, who lives on the block, said that he came outside after hearing a loud thump, and saw Kamari laying in the street while the Charger sped away.

Family members were pleading for the person driving the Charger to turn him- or herself in, saying that they knew the person did not hit the little girl intentionally. The ice cream truck is said to have had its stop sign displayed, however the Charger allegedly sped around the truck, striking Kamari as she came around the front of the truck.

May 22, 2014

Massachusetts Public Transportation Bus Driver Has License Revoked Following Accident

by Scott Grabel

Shanna Shaw, an MBTA (Massachusetts Bay Transportation Authority) bus driver, had her driver’s license revoked following a

Photo by MBTA

crash on May 18 that sent nine individuals, including Shaw, to the hospital for treatment of injuries. According to CBS Boston, all suffered only minor injuries in the crash that was said to be caused by a sneeze.

Shaw claimed that her sneezing caused the crash, however she also admitted that at the time, she had a cell phone in one hand and another object in the other hand. The crash took place at around 7:30 that morning, leaving the bus and its occupants teetering over the Massachusetts Turnpike after plunging through the guardrail.

Shaw’s license was revoked following a request on Wednesday by MBTA Transit Police who requested the revocation under the Immediate Threat Provision. As a result of the license revocation, Shaw’s employment has been suspended and she will not receive pay. She has also been charged with obstruction of justice, driving to endanger, speeding, and impeded operation. Passengers of the bus claim that prior to the accident, Shaw was talking on her cell phone and rummaging through her purse. Continue reading

May 21, 2014

Alabama Man Convicted of Police Officer’s Murder Has Conviction Upheld by Appeals Court

by Scott Grabel

In May of 2011, Bart Wayne Johnson was found guilty of killing a Pelham, Alabama police officer in 2009. Johnson was convicted of shooting Philip Davis in the face after he was pulled over and issued a speeding ticket, according to The Birmingham News.

At his sentencing hearing the next month, Johnson was not given life without parole for the death of the police officer, but the death sentence. Jurors voted 10 to 2 in favor of the death sentence for Johnson, who contended throughout the trial that he was not guilty by reason of mental disease or defect. Johnson’s attorney hired a psychologist to testify at trial; the psychologist claimed that at the time the defendant shot Davis, he had a ‘brief psychotic episode.’

Johnson appealed his conviction to the Alabama Court of Criminal Appeals claiming among other things that during the sentencing phase, the prosecutor made false statements. On Tuesday May 20, the appeals court upheld Johnson’s murder conviction. Continue reading

May 21, 2014

Memorial Day Weekend 2014: Time for Fun, but Not Driving Drunk

by Scott Grabel

The Memorial Day holiday will be observed this year on May 26, which means many people will have the day off and enjoy a long weekend. While Memorial Day is a day to pay respect to those individuals who have worked to serve and protect our country, many people take the opportunity to go camping, enjoy a cook-out with friends and family, and participate in other fun activities. At Grabel & Associates, we want you to enjoy the weekend – but not to the point of getting arrested for DUI.

Beginning May 22 and going through June 4, Michigan’s ‘Buckle Up or Pay Up’ campaign will be in force. Our state’s version of Click It or Ticket, Michigan State Police will set up zones and check to ensure motorists are wearing seat belts and children are in booster or car seats. This is also the perfect opportunity for law enforcement to catch those who are driving under the influence, which many do on this holiday. Drunk driving enforcement will be increased in 40 counties across Michigan over the next two weeks including Eaton, Ingham, and Wayne Counties. Why risk it? The odds will increase substantially that if you drive after consuming alcohol, you will be caught. Continue reading

May 20, 2014

Camden, NJ Sees Biggest Drug Bust in 10 Years

by Scott Grabel

Photo via Camden PD.

Nearly two weeks ago, authorities charged 22 people in a drug bust said to involve the sale of crack, cocaine, and heroin in one of the most dangerous cities in the U.S., Camden, New Jersey. According to an article at Philly.com, the drug bust involved mothers, sisters, cousins, and sons, with the sale of illicit drugs reaching into Sicklerville, Lindenwold, and Gloucester City.

Authorities had been investigating the possible sale of drugs on Liberty and Sheridan Streets in Camden, an area notorious for crime, for three years, launching what they referred to as the biggest FBI drug take-down in the area in 10 years. Using hidden tracking devices on vehicles, wiretaps, and confidential informants, those involved in the investigation including not only the FBI but the New Jersey State Police , Prosecutor’s Office, and Camden County Police Department Metro Division were able to charge 22 individuals in the drug crimes. Whitman Park is where much of the drug activity occurred, an area where 12 homicides have taken place since 2012. Continue reading