Michigan Criminal Lawyers Blog

February 27, 2014

Indiana Woman’s Double Murder Conviction Appeal Denied by Court

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.

February 21, 2014

Traffic Stop Leads to Jail Time and Impounded Vehicles for Two Brothers

by Scott Grabel

On January 23, a man pulled out of a parking lot at the Falcon Inn Motel on Michigan Avenue in Dearborn; he exited the parking lot without signaling, pulling onto Cambridge Street in a 2004 Ford cutaway van, according to a news article at Pressandguide.com. An officer who saw the 25-year-old man exit the parking lot ran the license plate and the information returned “no title information on computer.” The officer then proceeded to pull the man over.

The driver, from Detroit, told the police officer that his brother had bought the work van recently, however he could not produce documents proving the purchase. The officer eventually learned that the man’s driver’s license was suspended, but that wasn’t the end of it. His license had been suspended six times previously, and he was wanted in Dearborn, Highland Park, Wyandotte, and Macomb County Circuit Court on five warrants for driving on a suspended license.

The man’s brother showed up in a 2004 Mazda 3 as the police officer and the van driver were sitting in the officer’s patrol car waiting on a tow truck. He wanted to know what was going on, and became argumentative with the police officer who requested two times that he leave the scene. He was arrested as well.

When additional officers responded to the scene, it was found that the license plate on the Mazda was registered to another vehicle. Officers also found a replica handgun under the driver’s seat of the Mazda. In the end, the two brothers’ vehicles were impounded, and both went to jail. The man driving the Ford van was arrested for improper license plate, driving without proof of registration or insurance, and driving without a valid license.

As is evidenced by the story above, driving on a suspended license is never a good idea. Michigan driver’s license restoration attorneys understand that there are instances when an individual feels he or she must drive, regardless of drivers license status, such as in the case of an emergency. Having your license suspended or revoked truly creates a hardship; most people take the privilege to drive for granted, never realizing how important having the right to drive is until that right is taken away.

February 21, 2014

Man Arrested for Drunk Driving in Southern Michigan Following Loss of Football Game

by Scott Grabel

Recently a 25-year-old man was arrested for drunk driving when police approached a vehicle in a Sunoco parking lot. The man, who was sitting in his 2014 Chevrolet Cruze, had his head lying on his arm inside the vehicle. The man was arrested for DUI, although news reports do not reveal any information regarding whether a breath test or field sobriety tests were administered.

When asked by police why he was intoxicated, the man said that he was upset over the loss of a Michigan football game and had drank too much. Apparently the young man is a diehard football fan; still, the loss of a game is no excuse to get behind the wheel of a vehicle when in an intoxicated state.

This story highlights two important issues. First, you do not have to be physically driving a vehicle on the roadways to be arrested for drunk driving in Michigan. As long as you are in control of your vehicle, you may be arrested and charged with DUI. For instance, if you are sitting in the driver’s seat while pulled over in a parking lot or on the side of the road with the keys in the ignition (the engine does not have to be running), you may still be accused of drunk driving.

It seems that the young man in this situation was happy to talk to police, another mistake commonly made by individuals who are suspected of drunk driving. Anyone who is arrested should not answer police questions or freely give information without the presence of his or her DUI defense lawyer. Under the U.S. Constitution, those arrested for any criminal offense have a right not to incriminate themselves by answering questions. Politely give information such as your name and address to police, then say nothing else without first speaking to an attorney.

February 20, 2014

Comstock Township Scene of Multiple Meth Busts in Recent Weeks

by Scott Grabel

Over the past week, several meth labs have been found at locations in Comstock Township.

On Saturday February 15, deputies responded to a home located in the 5900 block of Comstock Avenue after Kalamazoo County Sheriff’s deputies received a call regarding a suspected meth lab that was smoking. Upon arriving at the scene, a one-pot meth lab was found in the living room, along with meth by-products. A check of the residence following the drafting and execution of a search warrant revealed several methamphetamine labs in the basement area of the residence.

While no arrests were reported on the day of the search, 50 to 100 one-pot meth labs were allegedly found inside the home according to the sheriff’s department and news reports at WWMT-Channel 3. A press release indicated that several individuals are suspected of being involved in meth manufacturing, two of them residents of the Kalamazoo area.

Five days later, several people were arrested in connection with manufacturing meth in a separate incident in Comstock Township. After receiving complaints regarding suspected drug activity from neighbors, sheriff’s deputies executed a search warrant in the 6200 block of Wright Street. Upon investigating the residence, authorities discovered a substance suspected to be meth, along with remnants of meth labs and components used in manufacturing meth. Deputies said that several individuals inside the residence were arrested on various charges; three people who are in their 20s are expected to face charges in relation to the meth labs and other items found at the scene.

On the same day, deputies responded to another complaint regarding a possible methamphetamine lab in the 5800 block of Comstock Avenue; this meth lab was inside a vehicle, according to news reports at Mlive.com. In all, there were three meth busts over a one-week period in Comstock Township.

Michigan drug crime defense attorneys know that those who are charged for manufacturing meth or operating/maintaining a meth lab face extremely serious consequences if convicted. Depending on the specific facts of your case, criminal penalties may include fines of up to $25,000 and up to 20 years in prison. Individuals with a past criminal conviction or who were in possession of methamphetamine or operating a meth lab within a certain distance of a school, park, or church may face even more serious punishment.

February 20, 2014

Pittsfield Township Car Crash Leads to Drunk Driving Arrest

by Scott Grabel

Earlier this month, a Pittsfield Township accident involving two vehicles resulted in the arrest of a 28-year-old Ann Arbor man for drunk driving. According to news reports at Mlive.com, the crash took place at approximately 12:30 a.m. in the area of Washtenaw and Foster Avenues. Upon arriving at the scene, police found the at-fault driver pinned in his vehicle. He was transported to an area hospital after being extricated from the vehicle.

The driver of the second vehicle was also taken to the hospital, although reports indicate neither driver suffered serious or life-threatening injuries. Police said only that alcohol appeared to be a factor in the crash, but gave no explanation as to how or why they came to this conclusion.

Considering that the driver who was allegedly at-fault had to be extricated from his vehicle, many questions remain. It’s almost a certainty that field sobriety tests were not performed, but what about a breath test? Was blood taken at the hospital, which indicated the driver’s blood alcohol content was higher than Michigan’s legal limit of 0.08%?

No doubt people who read the news often wonder how authorities come to the conclusions that they do. Unfortunately, even though an arrest does not indicate guilt or mean that the man in this case will be convicted, people often come to that conclusion. The man who has been blamed in this incident not only has to deal with injuries, but the public perception that he is a negligent individual who decided to get behind the wheel of a vehicle and put his own safety and others’ in jeopardy.

February 19, 2014

Taylor Man Charged with Attempted Murder After Giving Interview to News Reporters

by Scott Grabel

On February 10, 42-year-old John Joseph Henry of Taylor was shot in the head after he tried to stop an intruder who had entered his home and was in the midst of stealing property. A neighbor of Henry’s was then interviewed by NBC Channel 4 in Detroit; the neighbor, Jeremy Jones, stated in the interview that Henry “has a big heart.” Jones has now been arrested and charged with assault with intent to commit murder, according to a news article at Mlive.com.

According to police, Jones entered Henry’s home and was stealing when he was caught by Henry and his girlfriend. The incident took place on Wilkie Street. Henry’s girlfriend said that Jones threatened her after he shot Henry in the head, telling he that if she told police anything, he would come back and kill her. Henry was in critical condition at the time of news reports.

When being interviewed by news reporters, Jones also praised Henry, saying that Henry helped him when his car was stuck in the snow by pulling it out. In addition to attempted murder Jones is charged with assault with intent to do great bodily harm, home invasion, armed robbery, larceny of a firearm, felonious assault, receiving and concealing stolen property, felony firearm, and discharge of a firearm in a building. Another man has also been charged in the incident, William Wayne Chaffin, who allegedly helped Jones with the stolen goods.

Attempted murder is a very serious charge in Michigan; should Henry succumb to his injuries, it is possible Jones could be charged with murder. The other charges leveled against Jones are serious as well, leaving him facing severe criminal penalties and loss of his freedom if convicted.

February 18, 2014

Military Judge Requests that Prosecutors Explain Sexual Assault Case Against Former U.S. Naval Academy Football Player

by Scott Grabel

On Tuesday February 11, military judge Col. Daniel Daugherty requested prosecutors explain to him how they intended to prove the aggravated sexual assault charges against a former U.S. Naval Academy football player, 21-year-old Joshua Tate of Nashville, TN. Tate is accused of sexually assaulting a female at a party in 2012. The alleged victim was a student in Annapolis, MD. The party was held at an off-campus house in the area, according to the Associated Press.

The alleged victim claimed that on the night of the party, she had drank heavily and did not recall being sexually assaulted by Tate and two other Naval Academy midshipmen. She was told by others who attended the party that she engaged in sex with multiple partners at the party, however Tate is the only one who has been charged.

Another man who was allegedly involved but had charges against him dismissed, Eric Graham, testified that while he witnessed Tate exit a car parked outside of the party before he himself got into the car at the request of a teammate, he believed the sexual encounter occurred between Tate and the woman before he entered the vehicle. Graham also said that although it was evident the woman had been drinking, it was clear that she was coherent and capable of making her own decisions. He also said that he did not see anything wrong with her, and that she was fully clothed. Graham was granted immunity in exchange for his testimony.

Graham went on to tell the judge after being asked to describe her level of intoxication that he was not concerned about the level of sobriety of the victim. The judge asked Graham to rate her level of intoxication between 1 and 10, with 10 being completely sober; Graham rated the alleged victim at a 6 or 7.

The judge believed after hearing Graham’s testimony that the alleged victim was “fairly well functioning.” He was curious as to how prosecutors intended to prove Tate’s guilt, given that it appeared the woman was not too intoxicated to consent to the sexual activity.