Michigan Criminal Lawyers Blog

January 27, 2014

Man Whose Sentence was Vacated by Court of Appeals Faces Same Sentence – Again

Nearly one year ago, we wrote about a man whose sentence had been vacated by the Michigan Court of Appeals because the panel felt the sentence of 40 to 70 years was excessive. Robert Schwander is accused of murdering Carly Lewis, a 16-year-old whose dead body was found in a sand pile in June of 2011 in Traverse City. He was convicted of second-degree murder.

Upon appealing the original sentence, the Michigan Court of Appeals found that the 40 to 70 year sentence was outside of state sentencing guidelines, and excessive. In this case, sentencing guidelines are 13 1/2 years according to a news article at Upnorthlive.com.

While Schwander apologized to Judge Philip Rogers for his actions, Rogers again sentenced him to 40 to 70 years after listening to both sides. The judge explained to the defendant that what he did and who her is as a person would determine his sentence. Those were the grounds that led Judge Rogers to giving Schwander the same sentence he received at his first sentencing.

Craig Elhart, Schwander’s defense attorney, said that the defense had put forth substantial effort in trying to demonstrate to the Court of Appeals and others that the sentence which was originally given was inappropriate. Following this latest sentence, Elhart said that “It will now be up to the Court of Appeals again, I’m sure to take a look at that.”

Schwander is the son of a Grand Traverse County sheriff’s department deputy; he lived with the victim’s family after being thrown out of his family’s home. Schwander and Lewis had allegedly fought about items Lewis believed Schwander had stolen from her home before she was killed.

The minimum sentence for second-degree murder under the state sentencing guidelines is normally 13 1/2 to 22 1/2 years. The appeals court wanted reasons which justified the judge’s “extraordinary departure” from the guidelines. Two of the three judges determined the sentence was excessive, and vacated it sending the case back to court.

January 24, 2014

Two Men Facing Life in Prison Following Ypsilanti Carjacking and Robbery

by Scott Grabel

Two men are potentially facing life in prison in connection with robbing and carjacking an Ypsilanti man on Tuesday morning, according to news reports at Mlive.com. 25-year-old Quintez Gardner of Ann Arbor, and 23-year-old Cameron Hall of Ypsilanti Township have been charged in the incident involving a 29-year-old Ypsilanti man who gave the suspects a ride.

The incident occurred around 1:30 a.m. on Tuesday January 22 in the area of Michigan Avenue and South Mansfield Street. Police claim that the 29-year-old victim who was driving a 2013 Chevrolet Impala did not know the three men he stopped to give a ride to. The third man has not been identified. The driver of the Impala picked Gardner, Hall, and the unidentified man up near Michigan Avenue and Ballard; upon arriving at South Mansfield Street, the suspects attacked the driver according to police.

Ypsilanti police Detective Sgt. Tom Eberts stated that the victim was punched and pulled out of the car. The suspects allegedly stole the man’s shoes, car, cellphone, and wallet. The three suspects left with the victim’s Impala, leaving him on the side of the road. According to Eberts, the victim suffered frostbite as he was forced to walk to the police station without shoes.

A few hours after the incident, the suspects were stopped on Interstate 94 in Ypsilanti Township while driving a different vehicle. The suspect’s Impala was recovered later in Ypsilanti in the 700 block of Arbor Drive.

Gardner and Hall are held on a $50,000 cash bond, and are scheduled for a preliminary examination on February 4.

Carjacking is a criminal offense which is punished severely in the state of Michigan; in fact, those convicted may be sentenced to a term of life in prison. According to Michigan Penal Code Section 750.529a, a person who threatens or forces an individual who is in lawful possession of his or her vehicle or even threatens force or violence may be found guilty of carjacking.

January 24, 2014

Two Charged with Operating and Maintaining Meth Lab in Greenville Following 911 Call

by Scott Grabel

On January 19, a 911 call led Michigan State Police drug enforcement officers to a residence at 8869 Eastern Ave. in Greenville. According to news reports at Mlive.com, the neighborhood was inundated with police following the call which led troopers to discover a meth lab which was described as “spread through the house.”

Two people were arrested in connection with the meth lab, 42-year-old John Vogl and 22-year-old Cassaundra Kidder. Records indicate that Vogl lives at the residence; Kidder is a resident of Wayland. Both Vogl and Kidder were charged with resisting and obstructing police, and operating/maintaining a meth lab in what authorities say was a one-pot “shake-and-bake” operation.

Both defendants appeared in court via a video arraignment, claiming they were broke when asked separately if they intended to hire an attorney. They are expected to receive a court-appointed lawyer. Vogl and Kidder are both scheduled for a pre-trial and preliminary exam on February 3 and 4. If convicted, each could face fines of up to $25,000 and/or a maximum of 20 years in prison.

In Michigan, meth possession with intent is a felony offense which leaves those convicted facing extremely serious consequences if convicted. It is imperative that you discuss your situation with a skilled Michigan drug crimes defense attorney immediately. It is important to keep in mind that because you have been arrested or charged, you are not already convicted; you are innocent until proven guilty beyond a reasonable doubt.

January 23, 2014

Man Convicted of Unarmed Robbery Acquitted by Court of Appeals

by Scott Grabel

Last month, 30-year-old Jason G. Lehre gained an outright acquittal from the state Court of Appeals, something that rarely happens. Lehre’s conviction for unarmed robbery of a man outside a bowling alley in Warren was overturned. Lehre had been sentenced to 11 to 20 years in prison for the robbery in which a man’s gold necklace was allegedly stolen.

Another man who was allegedly involved in the robbery, 34-year-old Michael C. Garrison, also had his conviction overturned by the appeals court, although he will get a new trial. Lehre was tried by prosecutors for aiding and abetting in the commission of the crime.

The Michigan Court of Appeals found that two elements of three which must be proven by prosecutors beyond a reasonable doubt were not proven due to insufficient evidence. To be convicted of unarmed robbery in Michigan, it has to be proven that:

 The crime the defendant is charged with was committed by the defendant or another person, and
 the defendant offered encouragement or performed an action that assisted in carrying out the crime, and
 the defendant intended to commit the crime, or knew at the time he/she gave encouragement that the other person intended to commit the crime
At trial, police claimed that Lehre punched Andrew Ashton, the victim, then ripped a gold necklace from his neck. Ashton testified that Lehre may have tried to intervene to prevent the robbery, as he stood between Ashton and Garrison and did not help or encourage Garrison.

The Court of Appeals determined that the second and third elements were not proven by prosecutors because there was not sufficient evidence to prove that Lehre gave encouragement or assisted in the unarmed robbery.

Michigan criminal appeal attorneys know that it is highly unusual for the state’s Court of Appeals to acquit an individual who has been convicted of a crime. Having a conviction overturned is very rare, and typically requires that the individual be re-tried.

January 23, 2014

Roseville Man Faces Four Years in Prison After Pulling Gun on Paramedics

by Scott Grabel

On Friday January 17, 50-year-old Steven DeKane of Roseville allegedly aimed a .25-caliber handgun at paramedics who had arrived at his apartment to help him; DeKane was said to have been intoxicated, according to news reports at Mlive.com.

Paramedics arrived at DeKane’s apartment, located in the 30000 block of Sandhurst at approximately 11:30 a.m. His sister had contacted authorities after DeKane called her, telling her that he had fallen and was injured. When paramedics arrived at the scene the door was closed and they could get no answer after repeatedly trying to get someone inside to come to the door, which was not locked. Paramedics entered the apartment after announcing their presence and were met with a “highly” intoxicated DeKane, who they allege pointed the handgun at them and just stared as they tried to communicate with him.

Police were called by paramedics after they retreated from the apartment. Upon their arrival, DeKane was said to be uncooperative even though police had convinced him to put down the gun. A release issued by police stated that the suspect had to be forcibly taken into custody. As of the time of news reports, DeKane was in custody pending payment of a $7,500 bond.

He has been charged with brandishing a firearm and assault with a dangerous weapon.

In Michigan, assault with a dangerous weapon (felonious assault) is a very serious criminal charge. While DeKane no doubt regrets his actions now and the fact that his high level of intoxication likely led to the altercation, it is extremely serious when an individual pulls a gun on medical personnel. If DeKane pleads not guilty to the charges and goes to trial, prosecutors will be vigorous in their efforts to convict him. If convicted, the criminal penalties include fines of up to $2,000 and up to four years in prison according to Michigan Penal Code 750.82.

January 22, 2014

Grand Rapids Woman Gets Year in Jail for Embezzling $148,000 from Employer to Play Keno

by Scott Grabel

Mande Lynn Bishop, a 39-year-old Grand Rapids woman formerly employed as an officer manager for Strategic National, a political consulting firm, recently pleaded guilty to embezzling more than $148,000 from her employer to play Keno. News reports at Mlive.com state Bishop embezzled the money over a six-month period beginning in January of last year.

Bishop was sentenced to one year in jail and ordered to pay restitution of nearly $150,000. On Tuesday January 21 Bishop attended her sentencing hearing, bringing a $25,000 check to begin paying the restitution, according to her defense attorney who said the check would be delivered to the court clerk’s office that day.

According to Grand Rapids police, the defendant confessed that she had forged checks written directly to herself, using the money to play Keno, a state lottery game. Bishop said in court that she was sorry for her “despicable” actions, and very remorseful. Because she is a mother of a 2 1/2 year old child with no prior felony convictions, she asked Judge Donald Johnston to consider these factors when determining her sentence. While the judge considered these facts, he said that considering the time span of the embezzlement and the hefty total, a period of confinement was in order. Bishop will begin her 12-month jail sentence on January 31; the judge allowed her to return home until that time.

Embezzling is a very serious criminal offense in the state of Michigan. In fact, the criminal penalties for those convicted vary depending on factors including the amount of money involved. Had Bishop not pleaded guilty and gone on trial, she may have faced up to 20 years in prison for this felony crime.

January 22, 2014

Flint Man Accused in Shootout at South-Side Home Facing Federal Gun and Drug Charges

by Scott Grabel

A 45-year-old Flint man whose name has not yet been released pending his arraignment hearing has been arrested on federal drug and gun charges in connection with a shootout at his south-side Flint home, according to news reports at Mlive.com. The suspect, who is a convicted sex offender, is accused of being a felon in possession of a firearm and intending to distribute heroin.

On January 15, Flint police were dispatched to the suspect’s home after receiving a report of shots fired. In the meantime, the man was under investigation by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) which had obtained a federal warrant to search his home. Police were called to the scene before the home could be searched by federal agents.

Upon arriving at the scene, police were told by the suspect that a woman had phoned him requesting to borrow money. When she arrived at his house, three men entered when he opened the door. He maintained that himself and the three men fired guns inside and around the residence, which authorities supported upon investigating due to evidence of more than one caliber of firearm.

An affidavit filed by an ATF agent stated that the home was searched by federal agents after being processed by Flint police evidence technicians. The search of the home allegedly revealed a .45 caliber handgun which had been reported stolen out of Burton, and approximately 68 grams of heroin that was separately packaged into various amounts.

The suspect had been convicted on two counts of first-degree criminal sexual conduct in 1990, and is a registered sex offender who is required to register for life. He is scheduled for a detention hearing on January 22 and remained in custody.

Charges of possession of heroin with intent to deliver are extremely serious in Michigan. Heroin is a Schedule 1 drug, which means it is one of the most dangerous and addictive of all narcotic drugs and substances. Individuals who are convicted of possession with intent to deliver will face severe criminal penalties which include 20 years to life in prison and astronomical fines of between $25,000 and $1 million dollars. The specific criminal penalties an individual may face depend on a number of factors including the type/amount of drug involved.

January 21, 2014

Oakland County Man Whose Conviction for Sexual Assault was Thrown Out by State Supreme Court Sues Defense Attorney

by Scott Grabel

Jackob Trakhtenberg, a Russian man who entered the U.S. in 1974 and is now an Oakland County resident, is suing his defense attorney after the Michigan Supreme Court threw out Trakhtenberg’s 2006 sexual assault conviction based on the lawyer’s poor performance. Trakhtenberg, who is now 76 years old, served seven years in prison according to a news article at Mlive.com.

Trakhtenberg was the only defense witness in a trial which lasted only 53 minutes; he maintains that Deborah McKelvy, his defense attorney at trial, did not make an opening statement or request a jury. He is suing her for malpractice. Trakhtenberg’s attorney in the malpractice suit, James Elliott, said that the trial and the result was a “horrific miscarriage of justice” and that McKelvy took seven years of Trakhtenberg’s life.

Jackob Trakhtenberg was released from prison in 2012 following a 4-2 decision by the state Supreme Court, which noted that McKelvy did not deny that she chose not to secure additional evidence or consult witnesses in an effort to help her client. The court ultimately said that McKelvy’s performance in the sexual assault case was constitutionally inadequate.

Trakhtenberg was sued on behalf of the alleged victim following his 2006 conviction; he ultimately won the civil trial when new evidence emerged that may have helped him avoid a conviction in the criminal case, had that evidence been available at the time.

Michael Sullivan, McKelvy’s attorney in the malpractice suit, maintains that his client is an excellent criminal defense lawyer, and that her strategy at Trakhtenberg’s criminal trial was sound.

Individuals who are wrongly convicted of a criminal offense such as sexual assault may choose to file an appeal of their conviction. While many appeals are taken before the Michigan Court of Appeals, those involving attorney or judicial misconduct often are heard by the Michigan Supreme Court.

January 21, 2014

Former Owner of Medical Marijuana Dispensary Pleads Guilty to Drug Charges

by Scott Grabel

43-year-old Samer Hamed, former owner of medical marijuana dispensary Purple Med, recently pleaded guilty to delivery and manufacture of marijuana. Hamed was arrested after police learned he had sold marijuana at the business to a purchaser with a valid Michigan Medical Marijuana Act registration card. He was initially charged with the possession, manufacture, and distribution of marijuana along with maintaining a drug house.

Prosecutors maintain that a ruling made by the Michigan Court of Appeals in November made the sale illegal. The court ruled that those providing marijuana for medical use must verify that purchasers have a “bona fide” relationship with a qualified physician. Hamed allegedly did not verify this with the customer, who had located Purple Med on the Internet and was from out of town.

Hamed’s alleged partner in the business, Rick Hammad, was also charged however he was shot and killed in September, just a week before he was due in court on the charges.

Hamed is hoping he will be spared punishment by the State Supreme Court. He is scheduled for sentencing on November 18 before Kent County Circuit Court Judge George Buth, but hopes the Supreme Court will overturn the Appeals Court’s decision before then. If so, he could withdraw his plea and avoid facing up to four years in prison.

Michigan drug crimes attorneys know the “rules” regarding medical marijuana can be confusing or even misinterpreted, leaving those who are legally allowed to possess or sell marijuana to patients at risk of facing criminal charges.

January 20, 2014

Semi-Truck Driver Has Deadlines to Meet, Arrested for Reckless Driving

by Scott Grabel

On the afternoon of Saturday January 18, a man driving a semi-truck was arrested in Van Buren County for driving recklessly after several motorists called in to report his erratic driving behavior, according to a news article at Mlive.com. The man, whose name was not released, told police that he did not stop although he was exhausted because he had deadlines to meet. He admitted that his tiredness was affecting his driving.

15 separate 911 calls were received by Kalamazoo County Central Dispatch regarding the truck driver’s erratic driving according to the Van Buren County Sheriff’s Office. The man was driving in the area of the Galesburg Exit on I-94 in a westbound direction and upon reaching Van Buren County, prompted additional calls to the Central Dispatch Authority of Van Buren County. The driver of the semi-truck was pulled over by an officer at approximately 3 p.m. after the officer witnessed the man’s erratic driving; he was arrested for reckless driving.

The deputy viewed a four-minute long video which was captured by the passenger of a vehicle the semi-truck nearly struck according to police; the video revealed even more erratic driving behavior. The driver of the semi-truck was taken to jail, and his truck removed from the roadway.

Reckless driving is a misdemeanor criminal offense in the state of Michigan. The penalties for a conviction are harsh, and may include a fine of up to $500, up to 93 days in jail, points assigned to your driving record, and a 90 day hard suspension of your driver’s license, followed by a period of restricted driving.

Michigan drivers license reinstatement attorneys understand the hardship losing your driving privilege creates. In today’s society, it is virtually impossible to live normally when you cannot drive, and extremely inconvenient. However, there are situations in which a charge of reckless driving may be reduced to a civil infraction, thereby reducing penalties. It is important that those charged with reckless driving do not go to court and plead guilty without first consulting a lawyer.