Michigan Criminal Lawyers Blog

March 21, 2014

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

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.

March 18, 2014

Kids & Smoking – National Kick Butts Day, March 19th 2014

by Scott Grabel

While fewer teens smoke cigarettes than two decades ago, smoking is still a very real problem – and a deadly one. March 19th is National Kick Butts Day, a day designed to encourage young people to stand up and speak out on the dangers of Big Tobacco. Smoking is one of the deadliest habits, costing the United States more than $96 billion in health care costs and $97 billion in lost productivity every year!

Every day, more than 3,000 children (mostly teens) light up their first cigarette. While kids are influenced by their parents, friends, and even celebrities/media, Kick Butts Day is an opportunity to fight back, and educate/raise awareness of the dangers of smoking. Most importantly, Kick Butts Day is a day that teens, teachers, and health advocates will encourage kids to not only abstain from smoking cigarettes themselves, but to increase efforts to protect teens and even younger children from the potentially fatal and addictive habit.

Certainly lung cancer is widely recognized as one of the biggest risks associated with smoking, but there are many other dangers which can be attributed to tobacco use. These include other types of cancer, lung diseases such as emphysema and COPD, heart and cardiovascular disease, gum disease, the development of hypertension (high blood pressure), and an increased risk of heart attack.

March 17, 2014

Owner of Indianapolis Colts Arrested for DUI, Possession of Controlled Substance

by Scott Grabel

On Sunday evening March 16, Jim Irsay, owner of the Indianapolis Colts, was arrested on preliminary charges of drunk driving and possession of a controlled substance, according to NJ.com. According to Hamilton County Sheriff’s Department spokesperson Bryant Orem, Irsay’s bond was set at $22,500.

Few details of the arrest have been released; USA Today said only that Irsay was arrested just prior to midnight, and booked into the Hamilton County Jail just after 3 a.m. The Colts owner had tweeted just last October that he had not drank alcohol in the past 15 years.

News reports indicate that under the NFL’s personal conduct policy, Irsay will be subject to discipline by the commissioner if convicted of the charges. Irsay admitted that he was addicted to prescription pain medications about a dozen years ago, following years of surgeries and orthopedic procedures which left him with bouts of chronic pain. He sought treatment at a facility outside of Indiana. In November of last year, Meg Irsay filed for divorce after 33 years of marriage.

Did the dissolve of his marriage cause Irsay to slip back into addictive behavior? Michigan DUI defense attorneys know that individuals often turn to alcohol and prescription drugs in an effort to self-medicate and escape life’s problems. However, this behavior usually leads to more problems, including criminal penalties for those found guilty. A first drunk driving offense in the state of Michigan will leave anyone who is convicted facing potential jail time, fines, driver’s license suspension, community service, and more. Subsequent offenses result in punishment that is even more harsh.

March 14, 2014

Top 10 Misconceptions About a Criminal Case

by Scott Grabel

There are many misconceptions people have about criminal cases; unless you have been charged with a crime in the past, you likely have a few misconceptions of your own.

Here are a few of the most common:

1. “If the police are investigating me for a crime, they have to tell me the truth about the investigation.”

March 14, 2014

Celebrating St. Patrick’s Day 2014 Safely in Michigan

by Scott Grabel

St. Patrick’s Day is one of those holidays some people celebrate, others pay little attention to. In Michigan, there is no shortage of things to do not only on St. Patrick’s Day, but in the days leading up to the holiday. Since it falls on Monday this year, no doubt many people will be celebrating over the weekend while they’re off work. Like many other holidays, this is one many will celebrate at local pubs or other events where alcohol and green beer flows freely. It’s fun to participate and have a good time, but don’t let yourself become the defendant in a DUI case!

Here are a few of the events going on in and around Michigan on St. Paddy’s Day 2014:

Ann Arbor offers plenty to do on Monday, including a special breakfast menu at Arbor Brewing Company along with morning Happy Hour until 11 a.m. At Haab’s Restaurant, you’ll find $2 a pint green beer, corned beef and cabbage, and more.

Sidetrack Bar and Grill in Ann Arbor will be featuring drink specials all day long on St. Paddy’s Day, no cover charge. You’ll also find corned beef and cabbage here, and some live Irish music including bag pipes.

Kalamazoo is where you’ll find a free performance by The Moxie Strings at 4 p.m. at Bell’s Eccentric Cafe. In Hastings, the St. Patrick’s Day Parade will begin downtown at 4 p.m.

In Grand Rapids you can enjoy karaoke and live music with Mr. Whooha at the American Legion. Karaoke starts at 4 p.m., music at 8:30 – and of course plenty of corned beef and cabbage at noon! All proceeds benefit local veterans.

If you enjoy dressing up in costume for St. Patrick’s Day, Chequers in Saugatuck will award prizes for the best dressed, and offers $2.50 happy hour all day along with Irish breakfast and dinner specials.

Kuzzins, Louie’s Bar, Mulligan’s, and McFadden’s are just a few of the other pubs and restaurants offering up great specials on food, green beer, and music on Monday.

March 13, 2014

Santa Rosa Man Arrested for Driving on Suspended License, has 19 DUI Convictions

by Scott Grabel

On Friday afternoon March 7, a 68-year-old Santa Rosa man was arrested for driving on a suspended license after being pulled over while Petaluma police were conducting a special Habitual DUI Driver Stakeout Program. William Beall was arrested and was scheduled to be arraigned in Sonoma County Superior Court March 11, according to a news report at CBS San Francisco.

Beall had 19 convictions for driving under the influence over a 30-year time span accord to the article. The Habitual DUI Driver Stakeout Program is designed to target repeat DUI offenders in the county; police had recently received a tip that Beall was driving his Mercedes on a suspended license, according to Sgt. Jim Stephenson, who indicated that at the time police pulled Beall over he was not intoxicated. Police had been staking out Beall’s home and observed him driving away at around 2 p.m. on Friday.

In December of 2011 Beall was sentenced to three years in prison; he had allegedly violated his five year probation term for his 19th conviction for DUI by having alcohol in his home.

While news reports to not specifically say, chances are Beall’s driver’s license had been suspended due to multiple DUIs. Michigan drivers license reinstatement attorneys realize that for most people, it is simply impossible to live a normal life without the privilege to drive. While 19 DUIs is certainly excessive, many states suspend an individuals driver’s license at the time of a first DUI offense. In Michigan, a first DUI will result in drivers license suspension for 30 days, followed by 150 days of restricted driving.

March 12, 2014

Yuma Woman’s Sentence for Murder of Husband Upheld by Arizona Court of Appeals

by Scott Grabel

In August of 2010, Lois Kay Cloud was convicted of hiring a hitman to kill her husband, Kenneth Cloud. Cloud was sitting in his truck outside a Burgers and Beer restaurant and was struck in the neck by a bullet when Vincent Lee Accardo, the alleged hitman, fired a gun. Lois Cloud was with her husband, but was standing outside the vehicle at the time of the shooting and was not injured.

The murder of Kenneth Cloud, who was a wealthy Yuma farmer, occurred in 1997. Accardo, the hitman Lois Cloud allegedly hired, died from natural causes in 2011 while in prison for the murder; he had been sentenced to death.

Lois Cloud was sentenced to life in prison after being found guilty of first-degree murder, facilitation to commit first-degree murder, solicitation to commit first-degree murder, and hindering prosecution. Cloud appealed her life sentence to the Arizona Court of Appeals, her attorney arguing on her behalf that there was insufficient evidence to support her conviction, that several errors were committed during the trial, evidence was improperly admitted, that Cloud was deprived of her right to a speedy trial, prosecutorial misconduct, and more.

The appellate attorney also argued that the Yuma County Superior Court abused its discretion during the trial when Cloud’s request for a mistrial was denied. She requested a mistrial alleging improper testimony and late-disclosed evidence. Conversations which were recorded between Cloud and Accardo during a wiretap investigation were also admitted in court, another fact which the appellate attorney challenged.

The appeals court determined in its 21-page decision that Cloud’s conviction and sentence would remain, and that there were no reversible errors.

Michigan criminal appeals lawyers understand how difficult it is to have a conviction or sentence overturned, even when it seems you have a solid argument. It is rare that an appeals court agrees with a defendant and overturns a conviction or sends a case back to court for resentencing. However, one critical key in success with an appeal is having an attorney who is skilled and highly experienced in the appeals process.