Michigan Criminal Lawyers Blog

April 10, 2014

21-year-old Tennessee Man Arrested for Reckless Driving, Suspended License

Recently, 21-year-old Brett Austin Tate was arrested for driving on a suspended license; he was also arrested on charges of reckless driving twice within a four-hour time frame, according to a news article at the Times News. Tate, a resident of Bristol, Tennessee, was allegedly street racing in downtown Kingsport when he was arrested the first time. Just a few hours later, he was once again arrested for allegedly “burning out” in a daycare center’s parking lot which was said to be crowded at the time.

On a Friday afternoon, Tate and two other vehicles were speeding as they took off from a traffic signal, traveling at about 60 MPH in a 30 MPH zone, according to the Kingsport Police Department arrest report. Upon pulling Tate and one of the other drivers over, the officer found that Tate’s driver’s license had been suspended. He was arrested.

Later the same evening, Tate ran afoul of the law again after posting bond. This time in Sullivan County, Tate was arrested after allegedly performing burnouts in the parking lot of a daycare where several parents and their children were present. Reports claim that parents began taking their children, who were “infants and toddlers,” to their cars. After leaving the daycare parking lot at a high rate of speed, Tate was pulled over and arrested for reckless driving and driving on a suspended license. Because of his dangerous actions at the daycare and the presence of children and adults, Tate was also charged with reckless endangerment. Continue reading

April 10, 2014

Woman Arrested for DUI Following Accident and Resulting Power Outage in Washington

by Scott Grabel

On Monday April 7, 53-year-old Cheryl Bynum of Clarkston was arrested following a series of events that led to an accident and resulted in nearly 2,300 residents being left without power. Bynum was arrested on charges of driving under the influence, reckless driving, and felony hit-and-run, according to a news article at The Daily Evergreen.

Another motorist was driving toward downtown Pullman on Grand Avenue when he witnessed another car speeding in a northbound direction. After being side-swiped and applying his brakes, his truck rolled over and crashed into a power pole after he lost control of his vehicle. Upon striking the pole, lines sparked; he was trapped inside for approximately 45 minutes before being freed from the wreckage of twisted metal and power lines by workers. Bynum, who allegedly caused the accident, continued on recklessly down the road. She was taken into custody after losing control of her vehicle just north of Pullman near mile marker 5 on Highway 27.

An off-duty WSU police officer along with other witnesses said that Bynum was driving at speeds between 70 and 90 miles per hour, and that her reckless driving forced other vehicles on the roadway to take evasive action. Bynum was found to be under the influence of prescription drugs and alcohol after being taken to an area hospital for minor injuries. Continue reading

April 10, 2014

Phoenix Prosecutors Pleading with State Court of Appeals Regarding Testimony of Police Detective in Retrial of Mother Accused of Murdering Son

by Scott Grabel

In 1990, Debra Milke was convicted of having her son murdered in 1989 in a desert outside of Phoenix. Milke allegedly had two men shoot her son, who was 4 years old at the time. After spending more than 20 years in prison on death row, Milke’s conviction was overturned by the Arizona Court of Appeals. Milke is schedule to be retried on the murder charge in 2015, and is now free on bond.

Milke has maintained the entire time that she is innocent, however at the original trial a police detective, Armando Saldate who is now retired, testified that Milke had confessed the murder to him. Saldate failed to record the confession, so jurors found Milke guilty of the murder based on Saldate’s allegations. According to news articles, there was no evidence against Milke other than the detective’s testimony that she confessed to the crime, which she adamantly denies.

Now, prosecutors in the case are asking the state Court of Appeals to reverse a ruling made by Judge Rosa Mroz, who granted the police detective’s request not to testify at Milke’s retrial based on his Fifth Amendment right against self-incrimination. Prosecutors want the appeals judges to force Saldate to take the stand at Milke’s 2015 retrial. Saldate fears that he will face charges in the future, as he claims the prosecution has offered no guarantee that charges would not be brought against him if he were to testify at Milke’s retrial. Continue reading

April 10, 2014

Illegal Biking Leads to Heroin Arrest for New York Man

by Scott Grabel

In Binghamton, New York, it is illegal to ride a bicycle on the sidewalk. That is what 37-year-old Rashiem Tompkins was doing on March 27 when police attempted to stop him for violating the city ordinance, according to news articles at Fox 40. According to a civilian who witnessed the incident, Tompkins was observed tossing an object onto the roof of a Family Dollar Store. It turned out to be 101 bags of heroin, which authorities determined to have a street value of $1,750.

After the witness saw Tompkins throw something onto the roof of the store, police decided to check it out; that’s when they found the 101 packets of what they believed to be heroin. Police confiscated the drugs in addition to more than $400 in cash the suspect had in his possession. A follow-up investigation of the arrest led to another arrest of a woman with connections to the defendant, 23-year-old Yvonne Scott. According to police, Scott had more than 70 bags of crack cocaine valued at more than $1,200.

Tompkins was charged with resisting arrest, riding a bicycle on the sidewalk, tampering with physical evidence, and criminal possession of a controlled substance. Scott was charged with criminal possession of a controlled substance in the fourth degree. Continue reading

April 4, 2014

Mortgage Scam Built Around Religious Faith Leaves ‘Faith Leader’ Facing Substantial Prison Time if Convicted

by Scott Grabel

Anthony Carta, a 53-year-old Detroit resident who formed a religious-based nonprofit and is the founder of Freedom by Faith Ministries, was arrested on Wednesday April 3. Carta allegedly bilked Detroit residents out of $300,000 in a mortgage scam by using faith to entice innocent victims, according to a news article at Mlive.com.

More than 100 people were duped in the scam according to reports, which indicate that Carta used religion to gain the trust of individuals with mortgage issues. Carta allegedly took the $300,000 from those who had confidence that he would help them, and pocketed the money for his own use according to Attorney General Bill Schuette, who called Carta’ scheme “deplorable.” Carta is charged with five counts of false pretenses $1,000 to $20,000, one count of false pretenses $20,000 to $50,000, and one count of conducting a criminal enterprise. All are felony charges; false pretenses $20,000 to $50,000 is a 15 year felony, the remaining five counts are five-year felonies. Conducting a criminal enterprise is a 20 year felony.

Carta has a website on which he sells faith-based books for $11 each. The Attorney General’s Office said that in addition to not assisting those who gave him money with their mortgage issues, Carta hosted the website, which advertised both his books and his mortgage assistance program, but did not hold regular faith-based gatherings.

In 2011, Schuette says that Carta hired a salesman to sell his mortgage modification service. The salesman later began to suspect that Carta was not providing clients with the service he advertised, and contacted the AG’s office. Bill Schuette’s office said that the woman salesman had hired Carta with assistance in modifying her own mortgage, but that she lost her home and the faith leader never contacted her bank.

Schuette also called Carta a “scam artist,” saying that “Using the guise of faith to trick innocent people into entrusting their money to a sham organization is deplorable.”

At the time of news reports, it was not known if Carta had a defense lawyer. His arraignment was scheduled for Thursday in Southfield 46th District Court.

April 2, 2014

Tennessee School Bus Driver Arrested for DUI, Suspended Indefinitely

by Scott Grabel

On Friday March 28, Jeffery Layne, a 53-year-old school bus driver for Rutherford County Schools in Tennessee was arrested for driving under the influence while on the job, according to Newschannel5.com. Layne was suspended indefinitely; he has been a driver since February of last year.

News reports claim that Layne was involved in an accident at approximately 2 p.m. on Friday which occurred near a Chick-fil-A on Old Fort Parkway. Sheriff Robert Arnold of the Rutherford County Sheriff’s Department revealed that authorities first became aware of the situation after a woman obtained a license plate number and called Murfreesboro police. Layne was allegedly involved in a hit and run accident in his personal vehicle, a GMC Sierra pick-up truck. Layne allegedly struck the woman’s car while in the drive-thru of the Chick-fil-A restaurant. The woman said that before leaving the scene of the accident, Layne told her he was a school bus driver and offered her money, requesting that she meet him outside of the line of traffic on the other side of the building. This is when Layne fled the scene, according to Officer Zachary Ferrell..

After tracking Layne down, officers ordered him to go to the school; a deputy met him there, and noticed an odor of alcohol after he began talking to Layne. Layne was arrested after being asked to perform a series of sobriety tests, which he failed.

Prior to being hired by the school district, Layne passed a background check. He has no prior criminal record with the Rutherford County Sheriff’s Office according to reports.

DUI charges are serious not only in Tennessee, but across the nation including in Michigan. The situation is particularly serious when an individual who is entrusted to keep children safe while on their way to and from school is accused of driving under the influence. Not only has the defendant in this case likely lost his job, he will no doubt face harsh criminal penalties if found guilty.

April 2, 2014

Battle Creek Bus Driver Charged with Driving On Suspended License

by Scott Grabel

On Monday March 31 it was discovered that Battle Creek Public Schools bus driver Kevin Frederick was operating a school bus on a suspended license, according to Fox17online.com. Frederick was involved in a minor accident which led police to discover Frederick’s driving status, along with other outstanding warrants involving retail fraud. The bus driver was arraigned on the suspended license charge on Tuesday afternoon.

The accident occurred in a Burger King parking lot in Battle Creek just before 9 a.m. when Frederick struck another vehicle because he was blinded by the sun. There were no injuries reported, and no school children were aboard the bus at the time.

Battle Creek Police Department Sgt. Troy Gilleylen said that Frederick also had warrants related to a 2013 criminal case involving bad checks in addition to a suspended license. Linda Hicks, Superintendent of Battle Creek Public Schools, issued a statement claiming that the board believed Frederick had a valid driver’s license at the time the accident took place.

According to their contracts, bus drivers are obligated to inform the school district when they lose their license. District leadership coach Karen Hart told reporters that it was possible that someone “forgot to tell them.” Authorities allege that Frederick avoided them in not informing the district that he had been charged with a crime and regarding his driver’s license suspension. Potential school employees are required to be fingerprinted under state law as part of a criminal background check.

Frederick was lodged at the Calhoun County Jail and is scheduled back in court on April 16 on the suspended license charge.

Although news reports do not indicate why the bus driver’s license had been suspended, all individuals who drive a school bus to transport children in Michigan must have a CDL (commercial driver’s license) with a school bus (S) endorsement and passenger (P) endorsement.

April 1, 2014

Maine Supreme Court Overturns Sex Crime Convictions of Two Men

by Scott Grabel

On Thursday, March 27, two men who were convicted of sex offenses had their convictions overturned by the Maine Supreme Judicial Court, according to The Bangor Daily News. The two men include 32-year-old Spencer T. Glover of Bryant Pond, and 41-year-old Jason M. Lovejoy of North Carolina.

In August of 2012, Lovejoy was sentenced to 20 years in prison with all but 16 suspended after being convicted on two counts of Class A gross sexual assault; he was also given 10 years probation.

Glover was convicted of Class B gross sexual assault, and sentenced to 10 years in prison, three years of probation with all but six years suspended in July of 2012.

In both cases, the state supreme court reversed both convictions after determining that in the two separate cases, jurors had been advised that the defendants refused to cooperate with investigators. Glover also refused to submit to a DNA test, which led prosecutors to suggest that his refusal implied his guilt. The justices ruled that Glover had a right to refuse testing, and prosecutors should not have suggested his refusal indicated his guilt to jurors.

In Lovejoy’s case, the defendant hung up on investigators when he was under investigation, and would not return their telephone calls. According to the justices, Lovejoy was denied a fair trial because prosecutors made statements regarding his “silence” to jurors, which justices said was Lovejoy’s right under the Fifth Amendment, he simply invoked his right against incriminating himself.

Glover allegedly sexually assaulted a friend who was sleeping in his home in January of 2011; he alleged that the sex was consensual, and that the two had consumed alcohol that evening. Lovejoy was accused of sexually abusing a female relative when she was between 5 and 8 years old; she reported this to Portland police in 2010 when she was 15 years old.

American Civil Liberties Union of Main Foundation legal director Zachary Heiden said that “Amendments were put in place for a reason, and prosecutors can’t just pick and choose when they apply.”

In Maine, Class A gross sexual assault is a felony which leaves the defendant facing a fine of up to $50,000 along with a maximum prison term of 30 years. In Michigan, the most serious sex crimes are charged as first-degree criminal sexual conduct; those convicted may face up to life in prison, along with other penalties.

April 1, 2014

Massive Drug Bust in Lakeland Results in Seizure of Meth Valued at $2 Million

by Scott Grabel

Recently, 13 people were arrested following an investigation that had been ongoing for six months and involved state, local, and federal law enforcement agencies. The drug bust occurred in Polk County, Florida, more specifically in the Lakeland area and was known as Operation Hoodoo Voodoo, according to a news report at Bay News 9.

Polk County Sheriff Grady Judd said the drug bust was one of the largest they’ve had in several years involving methamphetamines, and that the operation was about drugs, money, and guns. While 13 were arrested, 25 suspects were involved. The bust involved the seizure of $2 million worth of meth, approximately 44 pounds according to authorities, who said that a Voodoo priest and a “stockpile” of military-grade weapons were involved. In all, there were 25 suspects who were allegedly trafficking drugs across state and county lines. In addition to seizing the meth, Judd said that more than 100 military-style weapons were being stockpiled by the suspects. Judd said that 44 pounds of meth equals about 20 kilos. The drug was allegedly being sold in several counties in central Florida including Polk, Orange, Lake, Osceola, and Seminole Counties.

Drug lord “El Don,” whose real name is Javier Flores, allegedly managed the shipment of meth to various locations on a large scale not only in Florida, but through southern California from Mexico to Atlanta and Las Vegas as well. “El Don,” according to officials, would consult the Voodoo priest regarding the welfare of the organization as well as their drug dealing decisions. According to Judd, the Voodoo priest told those who were arrested not to worry, that “everything is fine.”

The $2 million worth of meth, 7 vehicles, about 100 weapons, ammunition, bullet-proof vests, and tens of thousands of dollars were confiscated by investigators at a Love’s Truck Stop in Polk City on March 18. The 13 people arrested face various charges which include conspiracy to traffic methamphetamine, trafficking in methamphetamine, and unlawful use of a two-way communications device to facilitate the commission of a crime.

In the state of Michigan, the sell, distribution, or delivery of methamphetamine in large amounts is a very serious crime. Individuals who are convicted of possessing meth with the intent to deliver will face criminal penalties which include up to 20 years in prison, and fines of up to $25,000. However, those with a prior conviction or past criminal activity will face enhanced criminal penalties. Considering all of the criminal offenses the individuals arrested in the case above are accused of committing, it is possible many of them will face decades if not life in prison if convicted.

March 31, 2014

80-year-old ‘Coronation Street’ Star Arrested for Suspicion of Drunk Driving

by Scott Grabel

Approximately three weeks ago, 80-year-old Barbara Knox, star of Coronation Street for more than 40 years, was arrested on suspicion of drunk driving. Coronation street is a long-running soap opera in the U.K. Knox was allegedly arrested after she showed up at the Cheshire Knutford Police Station demanding the release of her daughter, Maxine Ashcroft, who had been arrested for drunk driving as well according to the Huffington Post.

Knox and her daughter were driving home when police pulled them over; Ashcroft was at the wheel at the time. After submitting to a breathalyzer test, Ashcroft was taken to the police station. Reports indicate that her blood alcohol level was nearly three times over the legal limit. When Knox later showed up to demand her daughter be released, police arrested her, suspecting that she was under the influence of alcohol when she drove herself to the police station.

Barbara Knox was released on bail, however news reports do not reveal the star’s blood alcohol level when she was arrested.

Michigan DUI defense lawyers know that anyone, regardless of age or celebrity stature, can be arrested for suspicion of driving under the influence. While the criminal penalties for drunk driving in the U.S. are harsh, this story indicates how such an incident can affect an individual’s reputation and career – reports of the drunk driving incident are widely spread across the Internet. While this may not be the case for an individual who is not a celebrity, a DUI arrest can still impact a person’s life in many ways, including his or her career and standing in the community.