Michigan Criminal Lawyers Blog

March 28, 2014

19-year-old Accused of November 2013 Murder of 71-year-old Ann Arbor Man Pleads Guilty to Second-Degree Murder

In December of last year, we wrote about the murder of 71-year-old David Maurer, an Ann Arbor man living in a senior community who had been robbed and was found dead inside his apartment. Now, one of the three defendants in the case has pleaded guilty to second-degree murder.

Mark Paling, a 19-year-old resident of Melvindale, agreed to plead guilty to second-degree murder, larceny in a building, and conspiracy to commit unarmed robbery in exchange for dismissal of charges of larceny of weapons and unarmed robbery, according to a news article at Mlive.com. Second-degree murder is punishable by a maximum of life in prison, however the judge in the case agreed to sentence Paling to a maximum of 40 years in prison as part of the plea deal.

Paling and his co-defendants, Richard Thompson and Rikky Ranger, met the victim through Grindr, a gay dating app. Maurer met the three young men on November 23 at Melvindale, who followed Maurer back to his apartment for an evening of partying – drinking, smoking marijuana, and according to one of the defendants, engaging in sexual activity.

Paling testified that Thompson actually killed Maurer after he got the elderly man in a chokehold. Paling admitted that he gave Thompson a signal, but said that he and Ranger began stealing the victim’s property, which included money from a safe, an iBook laptop, and cellphone.

Paling said that he did not know that Maurer was dead after Thompson got the man in a chokehold, but that Thompson kicked the victim, who did not move. The autopsy supported that Maurer’s death was due to strangulation, according to attorneys who confirmed the fact in court.

As part of the plea deal, Paling also agree to testify against Ranger and Thompson; it has not yet been determined whether either of the co-defendants are competent to stand trial, as both are alleged to suffer from cognitive issues. All three of the defendants remain in jail.

In some cases, it is beneficial for a defendant to accept a plea agreement from prosecutors, particularly when the evidence to support a conviction is overwhelming. In this case, had Paling not accepted the plea deal he may have spent the rest of his life behind bars. According to the news article, Judge Darlene O’Brien set the minimum number of years Paling will serve at 22 1/2 years. Whether a defendant should accept a plea agreement or maintain his/her innocence and proceed to trial depends on whether the defendant is in fact innocent of the charges, and what the defendant and his/her attorney determine to be the best approach in terms of punishment.

March 27, 2014

Somerset Man Charged with Reckless Driving, Operating on Suspended License, More Following Foot Chase

by Scott Grabel

On Thursday March 20, a 21-year-old Somerset, KY man was arrested after a traffic stop led to a short foot chase, according to a news article at the Commonwealth Journal. Kentucky State Police pulled Joshua Coots over for speeding and reckless driving; a foot pursuit then ensued.

Travis Rogers, a KSP Vehicle Enforcement Officer, pulled Coots over just after 7 a.m. after observing Rogers’ vehicle speeding and driving in a reckless manner. Rogers also saw Coots and the passenger switching positions on the Hal Rogers Parkway while the vehicle was still in motion. Rogers learned upon talking with Coots that he switched places with the passenger because his driver’s license had been suspended, and he was wanted for parole violation.

Coots ran on foot when the officer attempted to arrest him after a brief struggle, however he was located and arrested without further incident a short time later by the London Police Dept. He was charged with resisting arrest, first-degree fleeing or evading police, second-degree assault of a police officer, changing drivers while car in motion, speeding, operating on a suspended license, and reckless driving.

While it appears that Coots has far more to worry about than a suspended driver’s license, Michigan driver’s license reinstatement attorneys know that for most people, losing the privilege to drive is a huge issue. When you cannot drive, it makes life very difficult; getting to work, school, or an appointment is a struggle, and you must impose on others to help you get to and from your destination. Today, driving is an essential function of our everyday lives. Most of us jump in the car to run to the store or chauffeur the kids around without giving it a second thought. When you lose that privilege, your life changes in ways you never thought possible.

March 26, 2014

Ohio State Highway Patrol Trooper Fired Following DUI Arrest

by Scott Grabel

Last week, 35-year-old Jeremy Garner, a trooper with the Ohio State Highway Patrol, was fired following a February 16 incident in which he allegedly struck two parked vehicles while heavily intoxicated. Garner was a motorcycle officer and was terminated after an investigation was performed by the patrol for conduct unbecoming an officer, according to a news article at The Columbus Dispatch.

Garner was with fellow troopers at Skully’s Music Diner on the evening in question, and although they attempted to prevent him from driving after noticing that he appeared to be intoxicated, their efforts failed. Garner allegedly struck two parked cars in Short North and was charged with leaving the scene of an accident, failure to control, and drunken driving. His blood alcohol content at the time of the incident was said to be more than three times the legal limit of 0.08% after being measured at 0.27%. Garner’s case is pending; he pleaded not guilty to the charges, and was in his personal vehicle while off-duty when the incident took place.

Garner was convicted of DUI in 2007 in Grove City. He has been a trooper since 2002, according to news reports. On the evening the crash occurred, another trooper who was at the diner offered to give Garner a ride home, however he refused and became hostile with the trooper.

The Ohio State Troopers Associated tried to argue on Garner’s behalf, but the attempt was not successful. The union maintained that Garner has not been convicted of the charges, that he is getting help for alcohol abuse, and that he had no history of misconduct on the job.

Michigan DUI defense attorneys understand how being arrested for driving under the influence can affect a person’s life. While Garner has not yet been convicted, his career has been ruined. If he is convicted, he may face criminal penalties which include possible jail time or DUI school, fines and court costs, driver’s license suspension, and more. Those penalties increase for individuals who are convicted of a second or subsequent DUI offense.

March 25, 2014

Florida Man Pulled Over for Reckless Driving, Arrested for Possession of 10 Pounds of Pot

by Scott Grabel

On Wednesday March 19, a Dunnellon man was arrested after allegedly having 10 pounds of marijuana in his vehicle. 46-year-old Justin Valentine was pulled over after deputies received reports regarding a reckless driver.

Marion County Sheriff’s Office deputies received a call about Valentine’s driving just before 9 p.m. When they went to investigate the matter in the area of the 4300 block of East Highway 40, they observed his vehicle hit a curb after crossing the center line. Deputy Gerald Boatright alleged that upon pulling Valentine over, he detected an odor of alcohol on his breath, and according to the incident report also smelled marijuana.

Valentine was arrested after failing a field sobriety test, which he agreed to take. Officers searched Valentine’s vehicle, and located what is reported to be between $35,000 and $50,000 worth of marijuana. Officers found hydroponic marijuana in 18 one-gallon capacity freezer bags inside a black duffle bag in the trunk of the suspect’s vehicle.

Valentine was taken to the Marion County Jail and is charged with driving under the influence and one count of possession of marijuana with intent to sell. News reports indicate that Valentine has been in trouble with the law before, and was arrested for DUI and possession of illegal bath salts in February of this year.

In Florida, the criminal penalties for possession with intent to sell include a maximum of 5 years in prison; the penalties an individual may face depend on other factors, such as whether the offense occurs within 1,000 feet of a school, church, park, or home.

Michigan drug crime defense attorneys know that while the use of marijuana may be legal in Colorado, the criminal penalties in most other states for possession or possession with intent to distribute/sell are still very harsh.

March 24, 2014

Alabama Man Faces Execution Again Following Supreme Court’s Decision

by Scott Grabel

In 2009, Lam Luong, a Vietnamese immigrant, was convicted of capital murder in the deaths of four children who were thrown off the Dauphin Island Bridge in Mobile County in Alabama in January of 2008. In 2013, the Alabama Court of Criminal Appeals reversed Luong’s conviction. Now, the Alabama Supreme Court has ruled that the decision made by the appeals court was wrong. Luong is now once again facing execution, according to a news article at U.S. News & World Report.

In 2013, Luong’s conviction was reversed by the Alabama appeals court after it was determined that the denial of funds for the defendant’s defense lawyer to travel to Vietnam was an error made by the trial court, and that pretrial publicity was prejudicial. On March 14, the Alabama Supreme Court determined that the lower court’s decision was wrong in a 5 to 3 ruling. State Attorney General Luther Strange said that he was “thankful” that the supreme court heard prosecutors’ arguments, and that Luong’s conviction and death sentence will stand.

The four children thrown off the bridge included three of Luong’s own, and one which belonged to his wife from a prior relationship. Kieu Phan said in court that Luong had been unemployed, and that he was seeing another woman. She also testified that Luong had been using crack cocaine.

Justice Lyn Stuart of the Supreme Court wrote that the defendant’s attorneys did not provide the court with detailed information regarding the defendant’s childhood which would support that important evidence would be obtained through a state-paid trip to Vietnam. She also wrote that in reviewing the record, there was no indication that media coverage would have incited indignation, anger, or revulsion to the extent that the jurors which were chosen could not have decided the defendant’s innocence or guilt based only on the evidence. Three of the Supreme Court justices who did not agree with the court’s decision felt that the media coverage in the case was “sensational,” and that it was difficult to imagine a criminal case involving more prejudicial publicity.

March 24, 2014

LAPD Off-Duty Officer Arrested on Suspicion of DUI Following Crash in McDonald’s Drive-Thru

by Scott Grabel

On March 21, 29-year-old Jonathan D. Chel, an off-duty LAPD police officer, was arrested on suspicion of DUI after he crashed into a McDonald’s drive-thru, according to news reports at KTLA 5. Chel was hospitalized following the accident; no one else was injured.

California Highway Patrol Officer Rodrigo Jimenez said that the crash occurred at approximate 1:15 a.m. as Chel was leaving the eastbound 60 Freeway on the Brea Canyon Road off-ramp. Chel’s vehicle allegedly left the off-ramp then went through the on-ramp before ultimately landing in the McDonald’s parking lot after he failed to negotiate a right turn.

Jimenez said that the investigation is ongoing, and that the officer did not take a breath test in the field; he said that there was evidence that Chel had consumed alcohol although California Highway Police did not release his blood-alcohol level. While Chel was arrested on suspicion of DUI, CHP officials made the decision to release him to a Los Angeles Police Department sergeant. Jimenez said that the CHP determined this was the appropriate action to take.

The Mazda 3 Chel was driving sustained extensive damage in the crash; the car door had to be pried open by the fire department so that Chel could be removed from the vehicle.

According to Luis Garcia, LAPD Media Relations Section Officer, patrol officers whose driver’s licenses have been suspended due to driving under the influence are not allowed on normal duty. Jimenez stated that Chel’s case would be treated just as any other individual who had been arrested for driving under the influence.

In California, the penalties for a first DUI offense include 3 to 5 years of court probation, fines of up to $1,800, six month drivers license suspension, DUI school, and a mandatory 48 hours of jail time, which may be converted to work service.

In Michigan, a first-time offender who is found guilty of driving under the influence will face up to 93 days in jail, 30-day license suspension followed by 150 days of restricted driving, possible DUI school, community service, and fines.

March 21, 2014

Woman Who Allegedly Fired Gun at McDonald’s to Get No Plea Deal

by Scott Grabel

In early February of this year, 29-year-old Shaneka Monique Torres was arrested after allegedly shooting at a McDonald’s drive-through window when the burger she ordered didn’t have the bacon she requested, according to news articles at Mlive.com. Torres was charged with discharging a firearm at an occupied structure, carrying a concealed weapon, and felonious use of a firearm.

It all began when Torres arrived home with her burger to discover that it contained no bacon. She called the McDonald’s restaurant, told them what had happened, and gave them her name and telephone number when told that she would get a free meal for her trouble. That evening, Torres and a friend went out clubbing. At around 3 a.m., Torres decided that she and her friend would stop by and get the free meal she had been promised. Torres allegedly ordered a burger with bacon, and again, there was no bacon on the sandwich. At this point, Torres, who was a passenger in the vehicle driven by a friend, pulled out a 9mm handgun and shot through the closed window on the driver’s side of the vehicle. The employee had just walked away from the drive-through window when Torres fired the gun; the bullet traveled through the entire restaurant from west to east, according to news reports.

Grand Rapids police Lt. Patrick Merrill said there was no angry encounter, and that even the driver was stunned. Employees heard a noise, and believed something had hit the floor when they heard the noise. They did not realize a gun had been fired until they saw the hole in the drive-through window.

On March 20, Torres was present in Kent County Circuit Court where she learned that prosecutors will not offer her a plea deal. Torres could spend up to seven years in prison if found guilty of the charges against her.

In Michigan, intentionally discharging a firearm at an occupied building or structure is a felony offense, leaving the defendant facing a maximum of four years in prison along with possible fines of up to $2,000 if found guilty. Carrying a concealed weapon is also a serious crime in the state, illegal for individuals who do not have a license to carry.

March 20, 2014

Rhode Island Middle School Teacher Has Driver’s License Suspended, Charged with DUI

by Scott Grabel

Just over a week ago, 51-year-old Lincoln Middle School teacher Christine Clarke had her driver’s license suspended after being accused of drunken driving, according to NBC News Channel 10. Clarke is a history teacher at the school, and was charged with DUI in February.

Police responded to the accident after receiving reports that Clarke had crossed the center lane while driving north on New River Road in Lincoln; she then allegedly struck a mailbox and plowed into a snow bank. One police officer said that Clarke’s speech was mumbled, and her eyes bloodshot; he also detected a strong odor of alcohol.

The teacher said she was coming from the school where she teaches, however police located two empty bottles of vodka in the front seat of Clarke’s car. In addition to being charged with DUI, she was charged with refusal to submit to a chemical test and refusal to submit to a chemical breath test.

A judge suspended her driver’s license on March 10 after her pretrial hearing was postponed.

In Michigan, individuals who are charged with DUI also have their drivers licenses suspended. As appears to be the case in Rhode Island, a person may also have his or her driver’s license suspended for refusing to submit to a breath test. In fact, refusal to take a breath test in Michigan can result in drivers license suspension for up to two years.

While it is understandable that law makers and the general public want to keep drunk drivers and the dangers associated with them off the roads, having your driver’s license suspended or revoked will create serious hardships. In Michigan, a first-time DUI offender will have his or her license suspended or restricted for 6 months. This may not seem like that long of a time period, but it is when your driving is limited to certain destinations (such as to and from work) or to certain hours of the day.

March 19, 2014

Colorado Drug Bust Results in 14 Arrests, Seizure of $450K in Meth

by Scott Grabel

On Tuesday March 18, Task Force Director Pat Downs and La Plata County, Colorado Sheriff Duke Schirard announced the results of an ongoing investigation by the Southwest Drug Task Force which has thus far resulted in the arrest of 14 individuals, according to the Durango Herald. Authorities believe the group may have connections to Mexican drug cartels.

So far in the investigation, which has taken investigators to Las Vegas and California, three woman and 11 mean have been arrested over a 45-day time period. News reports indicate nine of those individuals are from Durango or Bayfield. The 14 who have been arrested thus far range in age from 19 to 58.

Authorities have so far uncovered storage units containing firearms with serial numbers removed and other stolen goods, $10,000 in cash, and 10 pounds of methamphetamine. Investigators anticipate more people will be arrested for their involvement in the operation, which allegedly moves large amounts of meth produced in Mexico through southwestern cities in the U.S. and on to Durango.

Joseph Fitapelli, 55, who is believed to be the king pin of the organization, was involved in a traffic stop which led to his arrest after authorities found between $8,000 and $10,000 in his vehicle. While the arrests will give authorities a “breather” and result in a reduced crime rate for a time, Downs and Schirard said “the calm won’t last forever.” The two believe that new dealers will step up to fill the void left by the arrests.

Some of the 14 people arrested include a mother and daughter, boyfriend and girlfriend, and two brothers, according to the news article.

There is no doubt the individuals who are arrested in this drug bust will face serious criminal penalties. In Michigan, those found guilty of possessing methamphetamine with intent to distribute, sell, or deliver face penalties which include a fine of up to $25,000 along with up to 20 years in prison. In addition, when it is found that firearms are involved, the individual has a prior drug conviction, or that drug activity occurred within close proximity of a school or park, the punishment will be even more severe.

March 19, 2014

How Many Drunk Drivers Will Be Arrested in 2014 During March Madness/Spring Break?

by Scott Grabel

March and April are months that are typically filled with fun events in Michigan, many of which involve drinking. Between the St. Patrick’s holiday, spring break, and March Madness, no doubt plenty of people will be arrested for driving under the influence of alcohol.

Police typically conduct extra patrols during this time span, which includes the NCAA men’s and women’s basketball tournaments. This year, efforts have been coordinated to crack down on drunk driving so that the number of accidents and serious injuries may be reduced from last year. The OHSP (Office of Highway Safety Planning) has coordinated the effort, which includes extra patrols in many West Michigan counties.

As Michigan DUI defense attorneys are keenly aware, this time of year brings about a substantial increase in the number of accidents, injuries, and drunk driving arrests. Hopefully 2014 will end on a better note than 2013, when March Madness brought about the arrest of 2,271 individuals during the NCAA tournament. During the March/early April time period, 671 individual were arrested for “super drunk” or high BAC (blood alcohol content) offenses, which means the amount of alcohol in their systems was .17 or higher, more than twice the state’s .08 legal limit.

Spring brings about a renewed energy; people begin enjoying the warmer weather and all of the activities going on. It is a fun and relaxing time, however it is also a time of year when drunk driving incidents are on the increase. In Michigan, a first DUI offense can leave you facing up to 93 days in jail, driver’s license suspension, fines, and more if convicted. However, a “super drunk” driving conviction will leave you facing criminal penalties which are effectively double those of a regular DUI offense, including up to 180 days in jail, fines of up to $700, the requirement to have an ignition interlock device installed on your vehicle, and more.