Michigan Criminal Lawyers Blog

March 12, 2014

California Man Facing Manslaughter Charges in Connection with Drunk Driving and Fatal Accident

On Saturday evening March 8, an accident occurred in San Leandro which took the life of a passenger in one of the vehicles. Now, another man is facing manslaughter charges following allegations that he was driving under the influence of alcohol.

The accident took place at an intersection; residents who live near the intersection reported hearing a loud crashing sound. The vehicles involved included a Chevrolet Camaro and Acura Integra; when police arrived on the scene, they found a traffic light had been knocked down onto one of the vehicles. According to Joseph Desrochers, driver of the Camaro, the pole struck the back of his car before rolling off. Desrochers was not injured in the accident.

Two men were in the Acura Integra, and had to be rescued by the Jaws of Life, according to Desrochers. The passenger, a Latino man, was transported to an area hospital where he later died. The driver of the Acura, also Latino, attempted to walk away from the scene of the accident, according to witnesses. Police captured the man, who was admitted to a hospital. According to news reports at KTVU.com, the man was arrested for drunk driving and will be charged with gross vehicular manslaughter upon his release from the hospital.

The identities of the two Latino men were not released as of Sunday evening.

In the state of Michigan, vehicular manslaughter related to drunk driving is a very serious matter. This is particularly true when a defendant has been convicted previously for driving under the influence of alcohol, as the judge may decide the defendant should be sentenced to the maximum allowed by law. A conviction for vehicular manslaughter in Michigan will leave the defendant facing criminal penalties which include fines of up to $20,000, 20 years in prison, or both. Criminal penalties do vary depending on the details of every individual’s case.

March 11, 2014

Three Arrested in $93,000 Cocaine Bust in Alabama

by Scott Grabel

On Wednesday March 5, three individuals were arrested in connection with possessing and trafficking cocaine in Huntsville, Alabama. Authorities said they were searching for two other individuals they believed to be connected after conducting a drug operation which led them to a large amount of cocaine.

Those arrested include 29-year-old Kamula Nicole Moore, 28-year-old Tina Sherelle Huffman, and 35-year-old Bradley Scott Corbett. Huffman was charged with trafficking cocaine on Thursday; Corbett and Moore were each charged with possession of cocaine, possession of marijuana, possession of a forged instrument, and conspiracy to traffic cocaine. According to WAFF48 (waff.com), two drug busts led to the arrests of the three individuals, and nearly 1,000 grams of cocaine. Authorities said the cocaine had a street value of $93,000.

While investigating, authorities located $125,000 in cash along with 931 grams of cocaine, two cars, an assault rifle, and several other guns. Investigators had been working the drug operation, specifically targeting what they described as a “major” drug trafficking ring.

Police were still in search of Terry Jermaine Robinson and Royce Davenport at the time of news reports, and had issued warrants for their arrests. The three individuals who have been charged were arrested at 323 Research Park Station and 2708 Norton Avenue.

The criminal penalties for cocaine possession with intent to deliver or distribute in Michigan are extremely serious, and depend on a number of factors including criminal history and the amount of cocaine involved. Anyone found in possession of 931 grams of cocaine and charged with possession with intent will potentially face punishment which includes fines of up to $500,000 and up to 30 years in prison if convicted.

March 10, 2014

Washington Woman Claims to be ‘Drunker Than a Skunk’ During 11th Arrest for DUI

by Scott Grabel

While claiming to be ‘drunker than a skunk’ would certainly not be advised by a Michigan DUI attorney, that is exactly what one woman recently did as she was being arrested for driving under the influence in Washington. Jacqueline Luzzani of North Sound had been arrested for DUI 10 times prior to her March 5 arrest in Snohomish County.

Luzzani, 58, is a “danger to the public” according to the judge, who listed off the defendant’s long list of DUI offenses as she sat listening. Luzzani was pulled over for not wearing a seatbelt by a state trooper on Wednesday. According to court documents, she told the officer after being pulled over that she was ‘drunker than a skunk.’ The officer did note that the defendant smelled of alcohol, her speech was slurred, and her eyes bloodshot.

Because Luzzani’s driving record indicted she has six DUI cases which are pending and four prior DUI charges, an ignition interlock is required for any vehicle she is driving. However, there was no device in the car she was driving; the kirotv.com news report stated that March 6 was the third time Luzzani was caught driving a car without the ignition interlock device.

Some of the offenses the judge listed off included negligent driving, hit-and-run unattended, and driving under the influence. Washington State Patrol Trooper Mark Francis said that “We’re all extremely fortunate that she hasn’t seriously hurt or killed somebody.”

In Washington, a fourth DUI conviction in 10 years is considered a felony; however, Luzzani had pleaded at least one of the DUI charges against her down to negligent driving, so it was not clear whether this offense would be considered a felony or misdemeanor. The prosecutor requested that Luzzani’s bail be set at $15,000 given the defendant’s refusal to stop driving drunk and driving history.

In Michigan, a third DUI during a lifetime is charged as a felony. This means the defendant will face extremely harsh penalties if convicted, which may include a maximum of 5 years in prison, fines of up to $5,000, driver’s license revocation, mandatory alcohol treatment, driver responsibility fees, and more.

March 7, 2014

Detroit Police Officer Charged with Domestic Violence, Unlawful Imprisonment, More

by Scott Grabel

On March 3, Detroit Police Officer Johnny Ray Bridges was arrested after he allegedly beat a woman and detained her against her will. Bridges, 47, is now charged with domestic violence, unlawful imprisonment, assault with intent to do great bodily harm, reckless discharge of a firearm, and preventing a crime report according to a news article at Mlive.com.

According to the Wayne County Prosecutor’s Office, Bridges and the woman were drinking alcohol when an argument ensued; the officer was off duty at the time. Bridges allegedly kicked and punched the victim in various areas of her face and body, and fired a handgun into the air. The woman, who was Bridges’ girlfriend, jumped out of a window at the Detroit home where she and Bridges were, running to a nearby restaurant to phone police while wearing only a t-shirt. An employee at the restaurant dialed 911 and gave the 31-year-old woman clothing to put on.

Bridges has been an officer with the Detroit Police Department for nearly 25 years. Although he turned himself in, his job is likely in jeopardy as the department has a zero tolerance policy for crime. Bridges was ordered to have no contact with the alleged victim. A preliminary examination hearing has been scheduled for March 13.

In the state of Michigan, domestic violence and assault with intent to commit great bodily harm are extremely serious charges. Criminal penalties for assault with intent to commit great bodily harm less than murder include fines of up to $5,000 along with a maximum of 10 years in prison for those convicted. Domestic violence is divided into two categories, domestic assault and aggravated domestic assault. Depending on which offense an individual is accused of, he or she may face fines of between $500 and $1,000, along with jail time of between 93 days and one year for a first conviction.

The criminal penalties set forth by law are not the only consequences of a conviction. As indicated above, a conviction could destroy both an individual’s career and reputation, leaving the defendant with a criminal record which will create issues for the rest of his or her life.

March 6, 2014

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

by Scott Grabel

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.