Michigan Criminal Lawyers Blog

December 17, 2013

Saginaw Man Facing Drug, Fleeing Charges after Escaping Prison Time for July 2010 Robbery

In February of this year, three brothers who are triplets were sentenced in connection with a Buena Vista Township incident involving unarmed robbery and other charges including assault with intent to commit murder. Deshawn, Devon, and Juronn Shivers were all sentenced in the case, Deshawn and Juronn to probation, Devon to imprisonment until at least 2042. Now, Juronn may be joining his brother in prison if convicted of new charges involving drugs and fleeing police, according to a news article at Mlive.com.

On November 11, Michigan State Police troopers witnessed Juronn Shivers driving at excessive speeds in the Brookwood area on Saginaw’s southeast side. Lt. Brian Cole said that when troopers initiated a traffic stop, Shivers complied; however, upon troopers approaching the vehicle, the suspect took off and a chase ensued which resulted in damage to multiple patrol vehicles. Eventually Shivers’ vehicle was stopped after troopers implemented a PIT maneuver.

Shivers had been charged by prosecutors in late October with a misdemeanor count of possessing marijuana, and felony count of possession of less than 25 grams of cocaine in connection to an April incident in Saginaw. Shivers had since remained at large on that warrant.

The defendant has been arraigned on the marijuana and cocaine charges, and was arraigned on Friday, December 13 on the fleeing/eluding charges. Third-degree fleeing and eluding police carries a maximum of five years in prison for those convicted. If convicted on the marijuana and cocaine charges, Shivers may face up to four years in prison for the felony charge.

While fleeing and eluding police is a very serious offense, drug crimes are also extremely serious in the state of Michigan. Certain offenses involving the manufacture and distribution, sale, or delivery of Schedule 1 or 2 drugs may leave an individual facing a lifetime behind bars if convicted.

December 17, 2013

Homicide Suspected in Death of 71-year-old Ann Arbor Man at Senior Community, Neighbors Shocked

by Scott Grabel

David Maurer, a 71-year-old man who lived at the Lurie Terrace senior community in Ann Arbor, was found dead inside his apartment on December 1. Police believe he died approximately a week earlier, and that three men who allegedly robbed the elderly man are responsible for his death. Neighbors who describe the victim as a gentle and quiet man are shocked, according to news reports.

On Sunday December 15, three men were arraigned on charges of murder and robbery. They include 20-year-old Ricky Ranger, 19-year-old Mark Paling, and 19-year-old Richard Thompson. Although the connection is not clear at this time, police believe the suspects were known to Maurer. The three have been charged with unarmed robbery, larceny in a building, open murder, conspiracy to commit unarmed robbery, and larceny of a firearm. According to reports, the suspects stole multiple items from the victim’s apartment including credit cards, a cell phone, firearm, computer, money, and a controlled substance.

All three of the suspects are scheduled for a December 26 preliminary exam; if convicted, the maximum sentence is life in prison. Police did not reveal how Maurer was killed, or when investigators began viewing the victim’s death as a homicide. Police would only say that upon responding to his residence on December 1, Maurer’s body was badly decomposed.

All three suspects will be represented by the Washtenaw County Public Defender’s Office according to a news article at Mlive.com. All are being held without bond.

While no motive is given for the alleged homicide, perhaps if the suspects knew the victim, they felt they had to quiet him after robbing his apartment. Regardless of how or why the incident occurred, it is certainly tragic for both the victim and the suspects, who are young and have their entire lives ahead of them. If convicted, it is likely these three young men will spend a substantial portion of their lives, and possibly the remainder of their lives, locked behind bars.

December 16, 2013

Paw Paw Teacher Charged with Manufacturing Marijuana and Hash Expected in Court This Week

by Scott Grabel

In August of this year, Scot Granke’s farm in Arlington Township was raided after authorities received a tip from the Paw Paw teacher’s estranged wife claiming that Granke, a licensed medical marijuana grower, was manufacturing more than his license allowed. Granke is also accused of manufacturing hashish, and is expected to be back in court this week.

Granke was arrested and charged with one count of manufacturing marijuana, one count of manufacturing hash, and four counts of possessing an unlicensed handgun in October. Members of the Michigan State Police Southwest Enforcement Team raided Granke’s farm, which resulted in the finding of 66 marijuana plants, 18 more than the defendant’s license allowed. Authorities also located one pound of possessed marijuana. The maximum Granke is allowed under his license is 15 ounces, according to news reports. Police allege that Granke told them he manufactured hashish butter due to the fact that it was easier for his clients to take.

Lt. Kevin Wiley described what officers uncovered at Granke’s farm as a “very large, complex marijuana and hash manufacturing operation.”

Granke, who is 50 years old, is a teacher at a Paw Paw middle school and father of three children ages 6, 17, and 19.

Two of the charges against Granke are felonies; if convicted, the middle school teacher may face substantial fines and several years in prison. Each of the felony manufacturing counts is punishable by up to seven years in prison, with fines of as much as $500,000. News reports indicate that he may be in court on December 16 to determine if a plea agreement can be worked out; if not, a preliminary exam is scheduled for December 18.

In many cases, defendants who agree to plead guilty or no contest to criminal charges will face reduced penalties. It is important to note that it is not advised all people who are accused of drug crimes should plead, as it may be more advantageous to go to trial depending on the circumstances of each individual case.

December 16, 2013

22-year-old Grand Rapids Man to Face Trial for Attempted Murder of Pregnant Ex-girlfriend

by Scott Grabel

Adam Andrew Phillips, a 22-year-old Grand Rapids man, will now face trial in connection with the alleged attempted murder of his ex-girlfriend on November 5, according to news reports at Mlive.com. Phillips and the Kent County Prosecutor’s Office failed to reach a plea agreement.

The victim, 18-year-old Elizabeth Batchelder, was three months pregnant at the time Phillips allegedly struck her, leaving her in a coma with a skull fracture. An 18-month-old child was present when the assault occurred, although the child was not injured. It is believed that Phillips found pictures on the victim’s cell phone which made him angry and led to an argument between the two.

The altercation took place at the defendant’s grandfather’s home located at 215 Sweet St. NE. Clifford Mead said that he believed his adopted grandson became angry out of jealousy, and became enraged before taking time to think. Mead was in his garage when he heard screams coming from inside the home; he said he did not know whether it was the couple’s 18-month-old screaming, or Batchelder. Upon going inside to check, the defendant got into his car and left the scene.

A neighbor called 911 according to Mead, who said that when he found Batchelder she was gasping for air and bleeding profusely.

Phillips is charged with attempted murder, and has remained in the Kent County Jail without bond since his arrest. If found guilty, he will face a maximum sentence of life in prison.

Attempted murder, or assault with intent to murder, is a very serious charge in the state of Michigan. Those convicted will face sentencing which may include any number of years or possibly life in prison according to the Michigan Penal Code 750.83. Essentially, individuals who are found guilty of such serious or violent crimes face ruin of their reputations and careers, and loss of their freedom.

December 13, 2013

Drive Safely This Holiday Season, and Avoid Potential Suspension of Your Driver’s License

by Scott Grabel

Christmas is just around the corner, and right on its heels comes the New Year’s holiday. This is a time of year when many people are attending holiday parties and festivities, family get-togethers, and generally enjoying the season. While it’s fun to enjoy the company of friends, family, or co-workers and have a few drinks while enjoying the holiday cheer, driving while under the influence of alcohol could leave you facing not only charges of DUI, but a suspended driver’s license as well.

In Michigan, first-time DUI offenders will face a six month (180 days) license suspension. For the first 30 of those days, you will not be able to operate a motor vehicle; after this 30 day time period has passed, your driving privilege will be restricted. This means that you can only drive for very specific purposes, such as to and from work.

If stopped on suspicion of operating while intoxicated for a second time within a 7-year time period of a first conviction, your driver’s license will be revoked for one year if you are charged with DUI. A revocation is more serious than a suspension; you will not be allowed to drive for any reason during this one-year time period. Even after the year has passed, there is no guarantee that your driver’s license will be reinstated.

Today, our busy lives often hinge around having the privilege to drive. When your driver’s license has been suspended or revoked, it creates a devastating hardship. As trusted Michigan drivers license restoration attorneys, we urge you to consider the risks carefully before deciding to get behind the wheel after having a few drinks. Not only could you face criminal penalties and suspension of your driver’s license, the consequences could be catastrophic if you were to cause an accident resulting in injury or death to others.

Enjoy the holiday season, but be smart. If you intend to consume alcohol or liquor at a holiday party or gathering of family and friends, make sure you have a designated driver. Alternately, you could spend the night if at a family member or friend’s home, or call a cab. Better to be safe than sorry!

December 13, 2013

Watervliet Woman Accused of Driving Under Influence of Marijuana Resulting in Death of Four Goes on Trial

by Scott Grabel

Ashley Baker, a 27-year-old Watervliet resident, was charged with four counts each of felony operating a motor vehicle with any amount of controlled substance in her system causing death and misdemeanor committing a moving violation causing death in connection with a February 16 crash which left four people dead. Baker’s trial began on Tuesday, December 10 according to a news article at Mlive.com.

Four women were killed When Baker’s Dodge Caravan failed to stop at a stop sign, striking the Buick Lucerne the victims were riding in. The accident occurred at the intersection of 66th Avenue and County Road 687 in Hartford Township. Baker had a passenger in the vehicle with her, and told police that icy road conditions made her unable to stop at the intersection. A blood test was performed which revealed marijuana was in Baker’s system at the time of the crash.

Van Buren County Prosecutor Michael Bedford authorized charges against Baker in April after THC, a chemical in marijuana, was detected in blood tests. The amount of THC in the defendant’s bloodstream was not specified in the charges against Baker, however Bedford said that any amount present is sufficient to support the charge of operating while intoxicated causing death.

Those killed in the accident include Kathyn Maya, Lou Ann Holcomb, Celeste Phillips, and Charlotte Sieber. Baker and her passenger were not injured.

If convicted of operating while intoxicated causing death, Baker will face penalties which include up to 15 years in prison.

In Michigan, offenses involving drugs including marijuana, cocaine, methamphetamine, and other Schedule 1 or 2 drugs or narcotics are punished harshly. Prosecutors and police crack down hard on those suspected of using, possessing, or manufacturing/distributing illegal substances.

December 12, 2013

66-year-old Rockford Man Faces Life in Prison Following Conviction for Attempted Murder of Wife

by Scott Grabel

Recently, Marshall Brabo, a 66-year-old Rockford man, was convicted of attempted murder in the brutal beating of his wife the day after Valentine’s Day, when the two had dinner and sex at the home where her estranged husband was residing. He now faces potential life in prison and is scheduled to be sentenced on December 19 by Judge Dennis Leiber, according to news reports at Mlive.com.

The alleged victim, 58-year-old Pamela Brabo, separated from her husband because of what she called his “increasingly unnerving behavior,” which included verbal abuse. Brabo claims that prior to the February 15 altercation, her husband had never been physically abusive.

Pamela Brabo maintained that she agreed to have dinner and sex with her husband after he had requested a late Valentine’s Day dinner repeatedly. She claimed that after enjoying a meal of pork chops and mashed potatoes which she prepared, the two had sex. Brabo then unexpectedly began striking his wife with a crow bar, then told her she was “going to die tonight” after choking her. The alleged victim said she begged and pleaded with her husband, asking him to consider the couple’s children and grandchildren, and the affect his actions would have on them. She eventually held her breath in an effort to make Brabo believe she was dead.

After a couple of hours, Pamela Brabo said she crawled out a door at the home and called 911 after reaching a McDonald’s in the area. She believed that her husband had attempted suicide after thinking she was dead by taking medication. She has filed for divorce since the incident, and is involved in a civil suit against Marshall Brabo to try to recover the medical costs she experienced as a result of the attack. Marshall Brabo is in prison where he will remain as the civil suit continues forward.

While this is a story with a tragic ending, Michigan criminal defense attorneys understand that sometimes, relationships between married spouses or couples can be volatile. In some situations, a spouse may be acting in self-defense and be accused of assault or attempted murder. The burden of proof is always with the prosecutor, so it is vital anyone accused of or charged with a violent crime consult with a skilled lawyer right away.

December 11, 2013

Michigan Court of Appeals Upholds Pinckney Man’s Assault Conviction

by Scott Grabel

Recently, the Michigan Court of Appeals upheld the conviction and sentence of 47-year-old Robert Clinton Giamporcaro, who was accused of assaulting his girlfriend and her son in December of 2011. Giamporcaro was charged with three counts of felonious assault, and two counts each of interfering with electronic communications and domestic violence, according to news reports at Livingston Daily.

At trial, testimony revealed that Giamporcaro’s girlfriend attempted to leave the home the two shared when the defendant picked her up and threw her across a table. Giamporcaro also allegedly broke two cell phones when his girlfriend attempted to call for help, and punched her in the face repeatedly on the same evening. When the woman’s son tried to help her, the defendant allegedly picked him up by his throat and flung him into the dining room. Court documents also indicate that at one point during the altercation, the defendant took out a knife and told the two that, “Tonight, we all die.”
After being found guilty, Giamporcaro was sentenced to 58 months to 15 years in prison on the assault and interfering with electronic communications charges.

In his appeal, Giamporcaro argued that the conviction violated due process protections due to lack of sufficient evidence. He also argued that the trial court erred when the judge denied his motion for a directed not-guilty verdict.

The appeals court did not agree with the defendant’s arguments, finding that both the knife and the stool were dangerous weapons, and that the testimony of the woman and her son were proof enough for the jury to determine both victims were afraid of immediate battery.

The appeals court also ruled that in denying a direct verdict, the trial judge did not err as although it was argued there were discrepancies between the mother and son’s testimony, it was ultimately the responsibility of the jury to determine the credibility of the witnesses testimony.

There is no doubt that often times, an individual accused of assault or domestic violence is guilty; however, Michigan criminal appeals attorneys also know that much like is often the case in sex crimes, innocent people may be accused of crimes they did not commit. Relationships often result in volatile situations in which one partner alleges violence against the other when it is actually not the case.

December 11, 2013

Four Arrested in Clare County Meth Lab Bust and Home Invasion

by Scott Grabel

Recently, a tip from an individual led Michigan State Police to discover a meth lab and possible home invasion in Farwell, according to a news article at The Morning Sun. On Monday December 9, police responded to the call at a vacant home which was in the vicinity of three public schools; upon entering the residence which had been broken in to, officers discovered three individuals along with a meth lab.

In total, four people were arrested on drug charges and home invasion. The individuals include an 18-year-old woman, 25-year-old woman, 22-year-old man, and 48-year-old man. All of those arrested are reportedly from Farwell.

Clare County Sheriff John S. Wilson thanked the citizen who called in the tip and said in a statement “It’s the concern of our great neighbors that keep each other safe.” The vacant home where the meth lab was located was said to be within a few blocks of three schools and the city library.

Following the discovery of the meth lab, the area was cleaned up by members of the Bay Area Narcotics Meth Lab Response Team. All four of the individuals arrested were taken to the Clare County Jail. They were scheduled to be arraigned on Tuesday, December 10.

In the state of Michigan, manufacturing meth is an extremely serious charge, as is home invasion. Individuals convicted of manufacturing methamphetamines may face up to 20 years in prison, fines of up to $25,000, driver’s license suspension, and more. Other factors may impact the criminal penalties an individual faces, including whether the meth lab is located in close proximity of a school, church, park, or home. In addition,

December 11, 2013

Benton Harbor Man Found Not Guilty in Deaths of Children in Apartment Fire

by Scott Grabel

Fred Willy Glespie, a 19-year-old Benton Harbor resident, was found not guilty on Friday December 6 in connection with an apartment fire that killed three children in February of this year. Glespie was acquitted of the charges after a jury deliberated just over an hour.

The February 18 fire occurred at Interfaith Homes off Woodward Avenue; three young children ranging in age from one to three were alone in an apartment they lived in with an older sister and their mother, Jonetta Woods. The children who lost their lives in the fire include Ty’onna Henderson, 1, and Tevin and Te’Niyah Williams, 3-year-old twins.

Glespie was charged with three counts each of second-degree child abuse and involuntary manslaughter in the deaths of the children after the children’s mother claimed that the defendant was supposed to be watching her children at the time the fire broke out. The children were left alone in the apartment prior to the fatal blaze breaking out, according to a news article at Mlive.com.

The fire allegedly started when 3-year-old Tevin set something on fire using the kitchen stove, then brought it into the living room where a mattress and box springs caught fire. The defendant said in a police interview that the child had a “fascination” with the stove.

Ultimately, jurors found Glespie not guilty after hearing testimony from Jonetta Woods, employees at Interfaith Homes, Woods’ sister, Charlonda Woods, and officers with Kalamazoo Public Safety. Jeff Gagie, the defendant’s attorney, said in his closing statement that the children’s mother’s testimony was unreliable, and that the testimony given by a friend and Woods’ sister contradicted Jonetta Woods’ testimony.

Had Glespie been found guilty of involuntary manslaughter, he may have faced penalties which include up to 15 years in prison and fines of up to $7,500. Michigan criminal defense attorneys understand that there are many cases in which an innocent individual is accused of a crime he or she did not commit.