Michigan Criminal Lawyers Blog

March 6, 2014

Connecticut Man Charged with Driving with Suspended License, Drunk Driving, More

Michigan driver’s license restoration attorneys know that the majority of drivers license suspensions or revocations can be attributed to drunk or reckless driving. Often, reckless driving is a direct result of driving while under the influence of alcohol and/or drugs, as the driver may be impaired to the point that he or she speeds or otherwise operates a vehicle in a reckless or dangerous manner.

Recently, 27-year-old Marcel Moracho of Danbury, Connecticut was charged with reckless driving, drunken driving, failure to obey a stop sign, and driving with a suspended license. Moracho allegedly nearly collided with a police cruiser as he turned left while driving eastbound, causing a police cruiser which was moving in a westbound direction to have to brake suddenly to avoid a crash.

According to a news report at the Ctnews.com blog, Moracho ran a stop sign after accelerating in his effort to escape police. After ignoring the stop sign at Roberts Avenue and sailing through the intersection, he was apprehended and cited for the above mentioned offenses.

In Michigan, individuals who are arrested for drunk driving have only 14 days to request an administrative hearing to avoid losing their driving privileges. It is highly recommended that you obtain the support and guidance of an experienced Michigan driver’s license reinstatement lawyer before attending this hearing, to ensure the best possible chance of retaining your driving privilege. Proper and thorough preparation is key to a good outcome.

March 5, 2014

Texas Man Arrested for DWI Even After Blood & Breath Tests Prove Negative

by Scott Grabel

As in Michigan, it appears that in Texas DUI or OWI can be an “opinion crime,” one that leaves an innocent individual facing criminal charges based on a police officer’s opinion. In January of last year, Larry Davis was arrested by Austin police for driving while intoxicated, even though a Breathalyzer test indicated his BAC was 0.00. Blood tests also returned negative results some months later, according to news reports at Statesmen.com.

Daniel Betts, Davis’s attorney, said that Austin police made the wrong decision when they arrested his client that evening. After watching a police dash cam video of Davis performing field sobriety tests, Betts said that he was shocked that it happened. The criminal case loomed over Davis for an entire year; he also spent a day in jail, according to the report.

Police maintain that it was possible that Davis exhibited symptoms of intoxication due to drugs such as marijuana which may not have been revealed in the blood test. Essentially, police often make judgment calls which can result in innocent people facing serious consequences. Bett says that what happened in this situation demonstrates how Austin police can be overzealous in their efforts to make DWI arrests.

Police stopped Davis near Interstate 35 and U.S. 290 after he allegedly failed to stop at a stop sign. While Davis admitted he had consumed one drink, officers wrote in an arrest affidavit that based on the field sobriety test, he appeared intoxicated. Early last month, prosecutors dismissed the case against Davis who is still working to have his criminal record cleared.

March 5, 2014

Discovery of Loaded Firearm, Meth Labs Leads to Removal of Child from Comstock Township Home

by Scott Grabel

On Saturday morning March 1, Kalamazoo County sheriff’s deputies discovered a loaded firearm, suspected meth and meth labs, and components for making meth after executing a search warrant in an ongoing investigation, according to news reports at Mlive.com. There was also a child in the Comstock Township home when deputies arrived.

The home, located in the 6200 block of East Michigan Avenue, was the target of an investigation by both the sheriff’s office and the Kalamazoo Department of Public Safety. The search warrant was executed at 1:15 a.m. In addition to the suspected meth/labs, components, officers removed hazardous materials from the home. The child was removed from the home by Children’s Protective Service.

News reports do not indicate how many people were at the home, or what charges will be forthcoming. Authorities said only that several charges will be sought. A 19-year-old Kalamazoo man was arrested on unrelated charges and is being held in the Kalamazoo County Jail.

Michigan drug crime attorneys know that individuals who are arrested or charged with meth possession, manufacturing, or maintaining a meth lab face serious consequences. Meth-related drug crimes are on the rise; police and prosecutors are vigorous in their pursuit of those involved with these types of crimes.

March 4, 2014

Death Sentence Upheld by Texas Court of Criminal Appeals for Ex-Marine Accused of Siblings’ Deaths

by Scott Grabel

In May of 2010, former Marine John Thuesen went on trial for capital murder in the shooting deaths of Rachel and Travis Joiner, Texas A&M student siblings who were found dead in their home in College Station. Rachel Joiner was Thuesen’s ex-girlfriend; it is believed Thuesen killed her out of jealousy shortly after she began a relationship with an old boyfriend, Jonathan Mathis.

Thuesen was convicted of the murders in 2010, and has been on death row ever since. According to Gosanangelo.com, Rachel Joiner had asked Thuesen for ‘space’ about a week prior to her death, and was spending time with Mathis, a man she had been involved in an on and off relationship with. News reports indicate that Travis Joiner was simply in the wrong place at the wrong time.

Rachel Joiner spent the night at Mathis’s home on the evening prior to her murder; on that evening, Thuesen came to Mathis’s home where Joiner took him into another room to talk. Mathis said he did not know how Thuesen knew where he lived. The next day Thuesen allegedly waited down the block from the Joiner’s home for hours, according to neighbors who said he had the windshield facing the home. A neighbor heard gunshots when she came home from her job on her lunch hour to pay a bill.

In appealing his conviction, Thuesen’s attorneys contended that their client did not mean to kill the siblings, and that he was mentally impaired as he was suffering from PTSD after leaving the military. There were 45 claims of error asserted by the defendant and his lawyers n the appeal, the majority of which had to do with juror instruction, evidence, and objection rulings made by the trial judge.

The state’s court of criminal appeals judges rejected those claims, ultimately upholding Thuesen’s death sentence.

March 3, 2014

Connecticut Woman Arrested for DUI Following One-car Crash

by Scott Grabel

On Friday February 28, New Milford Police responded to reports of a one-car accident in the early morning hours. The crash occurred near Paper Mill Road on Route 202 (Litchfield Road), according to a Connecticut news blog CTnews.com.

When officers arrived on the scene they found a 2010 Honda Accord with the driver standing outside the vehicle. 27-year-old Jade Pignatello was not injured, although a passenger was pinned inside and had to be extricated. Neither of the two had to be taken to the hospital.

Police interviewed the driver and the passenger and performed an investigation; Pignatello was given a field sobriety test, and subsequently arrested. She was charged with traveling too fast for road conditions, operating a motor vehicle while using a hand-held device, making a restricted turn, and driving under the influence of alcohol and/or drugs. She is scheduled to appear in court on March 10, and was released on a $500 bond.

Snow and ice were reportedly on the road at the time of the crash; the road was temporarily closed while the vehicle was removed from the crash site.

Michigan DUI defense attorneys know that being arrested and charged with driving under the influence of alcohol or drugs is serious, and should not be taken lightly. In Michigan, the penalties for a first-time offender if convicted include up to 93 days in jail, fines of up to $500, license suspension up to six months, driver responsibility fees, community service, and more.

Second and subsequent offenses, or a high BAC offense, will leave the defendant facing criminal penalties which are even more serious. Defendants may also face employment, immigration, and insurance consequences; a criminal record may impact your current career or future employment opportunities.

February 28, 2014

Montrose Township Man Sentenced to Life Behind Bars in Connection with Death of 3-month-old Son

by Scott Grabel

In October of 2012, Jeramy David Wagner allegedly punched his 3-month-old baby in the head; he was charged with felony murder, and first- and second-degree child abuse. On February 4 the 24-year-old father pleaded guilty, claiming that the baby would not stop crying. Wagner pleaded guilty to second-degree murder and first-degree child abuse.

Wagner was sentenced by Genesee Circuit Judge Richard Yuille on February 26 to life in prison. He will be eligible for parole in 15 years according to news reports at Mlive.com. The baby’s mother, Tiffany Leach, addressed the judge prior to his handing down Wagner’s sentence, saying that the baby’s death had been hard on her family, and that she had lost not only her child, but her job and home as well.

Prior to sentencing, Wagner apologized to both his own and Leach’s family, saying that the murder was the “single most deviant act I’ve ever committed.” Wagner reportedly punched the baby in the head when he would not stop crying. The defendant was caring for the baby while Leach was out; he snapped and struck the infant a single time with a closed fist. Leach attempted to administer CPR to the baby when she returned, but to no avail.

This is a tragic story, both because of the death of a child and the fact that a young man may now live out the rest of his life behind bars. It is likely that Wagner acted out of frustration or anger, not meaning to kill the baby. The price he will pay is astronomical considering his reputation, life, and career are ruined in addition to losing his freedom.

February 27, 2014

Indiana Woman’s Double Murder Conviction Appeal Denied by Court

by Scott Grabel

In 2002, Sarah Jo Pender of Indiana was convicted of double murder in the shotgun killings of Tricia Nordman and Andrew Cataldi in 2000; the victims were Pender’s roommates along with her boyfriend, Richard Hull. According to USA Today, Nordman and Cataldi were Nevada fugitives who were dealing in drugs along with Hull. Pender has maintained her innocence, claiming that while she assisted him by purchasing a shotgun and helping Hull cover up the crime, she did not commit the murders.

Pender met Hull when she was 21 years old at a concert; the two began sharing a home with Cataldi and Nordman. On October 24 of 2000, Pender claims that she left the house when her boyfriend and Cataldi became involved in an argument concerning drugs and cash. When she came back later that day, she claims the home was dark and “blood soaked.” Hull had allegedly gunned down Nordman and Cataldi using a 12-gauge shotgun Pender had bought at Walmart earlier that same day. Pender said in an interview that she had no choice but to help Hull get rid of the bodies, which were dumped in a trash bin a few blocks from their home. Otherwise, she said, she would have become his third victim.

There was no solid physical evidence tying Pender to the murders, however prosecutors and police believed that she used her sex appeal and intelligence to pull the strings, calling her a master manipulator before the jury. In 2013, the prosecutor in Pender’s case, Larry Sells who is now retired, said that evidence had been discovered that raises doubt about Pender’s conviction. Pender was sentenced to 110 years in prison for the murders, while former boyfriend Hull was sentenced to 90 years.

Pender appealed her conviction last year based on the newly discovered evidence found by Sells, a “snitch list” that at the time of the original trial Sells and Pender’s defense attorney were unaware of. Sells believes now that he won the defendant’s conviction in 2000 on the basis of what he called “dubious testimony.” The Indiana Court of Appeals judges were not swayed by Sells’ findings, and upheld Pender’s conviction.

Ultimately, Pender freely admits that she did help Hull by purchasing the shotgun and helping him dispose of the body; however, the maximum sentence for the crime she feels she committed would have been served long ago.

Michigan criminal appeals attorneys know that winning is not easy, as is clear in this Indiana case. It hardly seems justice that Pender is serving 110 years for assisting Hull, when he is serving 90 years. Should Pender spend the remainder of her life locked behind bars? Apparently the Indiana Court of Appeals thinks so.

February 26, 2014

Head of Mexico’s Sinaloa Drug Cartel Captured and Arrested

by Scott Grabel

Joaquin “El Chapo” Guzman, head of Mexico’s Sinaloa Cartel, was captured last weekend at a hotel in Mazatlan by Mexican and U.S. authorities, according to a news article at The Detroit News. The cartel was known for transporting cocaine into Michigan; Guzman is thought to be the most elusive and powerful drug lord in the world, and a legendary outlaw.

A senior U.S. law enforcement official said that the capture involved the Marshals Service and U.S. DEA, and that Guzman, who is 56 years old, was located at the beach resort town with an unidentified woman. There were no reports of gunfire during the capture.

Leo Sharp, a resident of Indiana, was pulled over in October of 2011 on Interstate 94 in Washtenaw County. Sharp was trafficking drugs for the cartel from Arizona to Detroit, and was discovered with 200 pounds of cocaine. He was indicted after the DEA conducted a sting involving 19 suspects. The indictment revealed that members of the drug ring met at a Wyandotte warehouse, where the cocaine was unloaded and distributed to the members.

Prior to his arrest, authorities had been in pursuit of Guzman for several weeks. Over the past week, ten mid-level cartel members have been taken down by authorities, along with several top Sinaloa operatives.

On the DEA’s most wanted list, Guzman now faces multiple federal drug trafficking indictments in the U.S. The Sinaloa Cartel is far reaching and involves Australia, Europe, and North America. Guzman escaped from prison in a laundry truck in 2001, and has eluded authorities ever since. In his dozen years on the run, he has grown his fortune to upwards of $1 billion according to Forbes Magazine.

Now that he has been captured, it is highly likely that Guzman will face the rest of his life behind bars. Federal drug charges are extremely serious, and often result in life-changing consequences for those convicted.

February 25, 2014

Buffalo Man Charged after Police Discover Driver’s License Suspended 25 Times

by Scott Grabel

Earlier this month, a 39-year-old Buffalo, New York resident was pulled over by State Police for an unsafe lane change in the town of Lancaster. Time J. Thomas was driving with 25 current driver’s license suspensions, according to a news article at The Buffalo News.

State police said that on Tuesday February 4, they spotted a car on Transit Road changing lanes in an unsafe manner. Thomas was pulled over just after 11:30 p.m.. It was also discovered that he was wanted on a warrant for aggravated unlicensed operation by Cheektowaga Town Court.

Thomas was issued tickets to appear in Lancaster Town Court, and charged with felony aggravated unlicensed operation stemming from more than ten suspensions and other traffic violations which were not specified in the report.

Michigan drivers license restoration attorneys understand the difficulty individuals face when their license has been suspended or revoked. While it seems impossible that anyone would have his or her license suspended 25 times, it does happen as evidenced here. In Michigan, driving with a suspended license can lead to severe penalties which range from possible jail time, fines, and driver’s responsibility fees to longer suspension and even revocation.

There are times when an individual simply has no choice but to drive on a suspended license. Other times, people take the chance thinking that if they drive in a safe manner, they won’t get caught. Either way, driving on a suspended license puts your freedom at risk, and increases the likelihood that your driver’s license may be suspended for a longer period of time, or even revoked permanently.

February 24, 2014

Traffic Stop Leads to 5th DUI Arrest of Kalamazoo Man

by Scott Grabel

On Friday evening February 21, a 28-year-old Kalamazoo man was pulled over by Van Buren County deputies after he was observed stopped at an intersection where a yellow caution light was flashing. The vehicle he was driving also had a headlight that was not working, according to news reports at wwmt.com.

The incident took place in Gobles near Depot and State Streets at approximately 7:30 p.m. The deputy stopped the man to inquire about why his vehicle was stopped in the middle of the intersection, and about the faulty headlight. While talking with the driver, the deputy noticed a strong scent of liquor, and performed a field sobriety test. He found that the man was intoxicated, and placed him under arrest.

While arresting the man on suspicion of drunk driving, deputies discovered a 4-year-old girl inside the vehicle. She was cared for by the deputies until the girl could be picked up by her mother. The man who was arrested was driving the girl’s mother’s vehicle, who was his girlfriend. News reports claim that the man’s alcohol level was nearly three times Michigan’s legal limit of 0.08%. It was discovered that he had been arrested for DUI four times prior in the past two years, and was currently in alcohol court in Ionia. The man, who was not identified, is facing charges which include child endangerment and OWI.