Michigan Criminal Lawyers Blog

January 29, 2014

Detroit Couple Charged with Second-Degree Murder in Connection with Death of Toddler

Recently, 23-year-old Karen Geletzke and 22-year-old Sandford McQueen were charged with second-degree murder in connection with the death of a 1-year-old toddler who was left in their care.

According to news reports at Mlive.com, the toddler’s mother had left the boy in the care of a relative and a companion. The baby had been placed in a stroller and covered with a blanket, and was situated near a space heater according to a police statement. On Thursday January 23, police were called to a residence near 7 Mile Road on Keating Street. Upon arriving, officers found the toddler had burn marks and was unresponsive; he was pronounced dead shortly thereafter at an area hospital.

Upon examination, the medical examiner determined that the toddler’s death was due to the burns he sustained; the death was declared a homicide. In addition to charges of second-degree murder, Geletzke and McQueen are also charged with second-degree child abuse and involuntary murder.

Both defendants are scheduled to be back in court on February 16, and are being held without bond.

This is certainly a tragic story. Second-degree murder while not as serious as first-degree murder may result in an individual who is convicted facing punishment as harsh as those convicted for first-degree murder, which is life in prison. Ultimately, it will be up to the jury to determine whether the defendants will face a few years behind bars, or the rest of their lives. It is also possible the defendants in this case may be offered a plea deal by prosecutors, which often results in less severe penalties if the defendant accepts the plea deal. Regardless, it is certainly sad for both the toddler’s family, and for two young people who likely made a horrible and innocent mistake that ended in tragedy.

January 29, 2014

Michigan Man Arrested on Cocaine Possession with Intent Charges in West Virginia

by Scott Grabel

On January 11, a Quitman, Michigan man was arrested in Marion County in West Virginia on charges of possession with intent to deliver a schedule II narcotic (cocaine). News reports at The Time West Virginian claim Charlie Stokes Jr. was arrested at a hotel in White Hall, a hotel he had frequented more than 20 times over a four month time period.

Authorities set up surveillance at the hotel according to the complaint, which revealed that deputies observed Stokes, a black man known in the area as Mook, meeting people both behind and inside the hotel. Stokes had brought approximately 3 ounces of crack cocaine from Mississippi to Marion County to sell, according to a confidential informant.

A search warrant was also secured for room 186 at the hotel; upon searching the room, investigators discovered cocaine hidden inside a coffee maker. The complaint stated that authorities found Stokes with three cell phones, a container of hydrocodone pills, a set of digital scales, 1.8 ounces of cocaine, a substantial amount of U.S. currency and small storage bags.

At the time of news reports, Stokes was being held at the North Central Regional Jail on $30,000 bail.

If convicted, Stokes will face up to 15 years in the state correctional facility, a fine of up to $25,000, or both.

Possession with intent is a serious criminal offense in the state of Michigan. In fact, those charged with possession with intent to sell or deliver cocaine in an amount smaller than 50 grams will potentially face up to 20 years in prison. A felony offense, law enforcement and prosecutors are vigorous in their efforts to crack down on drug offenders and put them behind bars, particularly those who possess schedule I or II narcotics and who intend to distribute or sell those drugs. Even more serious is the fact that prosecutors will often attempt to “trump up” charges, turning what would have been simple possession charges into possession with intent charges. This means if convicted, the criminal penalties will be more severe.

January 28, 2014

Traverse City Man Faces Involuntary Manslaughter, Other Charges After Allegedly Attempting Suicide

by Scott Grabel

On Monday, January 27 a Traverse City man was charged with involuntary manslaughter for the death of his girlfriend on November 19 of last year. 33-year-old Robert Caldwell claims that he was attempting suicide when he fatally shot 28-year-old Monica Anderson.

According to news reports at Mlive.com, Caldwell and Anderson shared a Traverse City apartment. Caldwell told police that he was attempting to shoot himself as he stood on a stairwell in the building, and that as he shot the gun he flinched which caused the bullet to travel in the direction of where Anderson was. After performing an in-depth investigation into the incident, law enforcement officials believe the shooting of Anderson was an accident according to Prosecutor Bob Cooney, who said the defendant had been cooperative since he was arrested. Caldwell dialed 911 on the evening of November 19 to report his suicide attempt and the fact that the bullet accidentally struck his girlfriend.

Caldwell is also charged with felony firearm, resisting and obstructing police, and discharge of a firearm while under the influence. He is scheduled to be arraigned January 28.

In the state of Michigan all homicide charges should be taken seriously; harsh penalties await those who are convicted. While first-degree murder is the most serious homicide charge, involuntary manslaughter occurs when another person is killed without intent. Even though the death may have been an unintended accident, the criminal penalties are severe and according to Michigan Penal Code 750.321 include a fine of up to $7,500, up to 15 years in prison, or both.

January 28, 2014

Two Michigan Men Plead Guilty in Kentucky in Connection with Heroin Crime Ring

by Scott Grabel

Last week, four people pleaded guilty in Kentucky in connection with a heroin trafficking ring; two of the individuals include two men from Michigan. In all, seven people were arrested by Rowan County sheriff’s deputies in October of 2013. Now, four have accepted plea agreements.

The two men from Michigan who pleaded guilty are 19-year-old Levaries (Mike) D. McCain of Farm Hills, and 20-year-old Dewan (Dre) Deante Goode of Detroit. Goode is alleged to be the leader of the heroin trafficking ring, and is charged with five counts of trafficking a controlled substance and engaging in organized crime. Goode was the target of an undercover drug buy in Ashland, Kentucky when he was arrested.

McCain is charged with engaging in organized crime, possession of drug paraphernalia, and two counts of trafficking a controlled substance. His plea agreement leaves him facing a prison term of 11 years and an undisclosed amount of restitution. Goode agreed to a prison term of 15 years in his plea agreement.

Three individuals are also alleged to be involved in the heroin trafficking ring and are still being pursued by authorities; two of those individuals are also from Michigan, Kevin Perino Foy Jr. of Detroit, and Christopher Dixon of East Pointe.

Drug trafficking is extremely serious, and leaves those convicted facing life-changing consequences. Even though McCain and Goode accepted the prosecutor’s plea deal, 11 and 15 years in prison is a substantial loss in terms of freedom, particularly for young men their ages.

In the state of Michigan, those who are found in possession of a Schedule I substance such as heroin and who are determined to have had the intent to distribute or sell heroin will face severe criminal penalties if convicted. The punishment an individual will face depends largely on factors which include criminal history, amount of drug involved, and where the alleged crime occurred (such as within close proximity of a school, park, or church). Those found in possession of less than 50 grams of heroin and who are convicted of possession with intent may face up to 20 years in prison along with fines of up to $25,000. When 1,000 grams or more of heroin is involved, a defendant may face life in prison.

January 27, 2014

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

by Scott Grabel

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.