Michigan Criminal Lawyers Blog

December 12, 2013

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

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.

December 11, 2013

The 9 Most Controversial Celebrity Arrests Ever

by Scott Grabel

While some celebrities use their fame and fortune to make the world a better place, others can’t seem to figure out how to behave in a positive way. Celebrity arrests happen over and over – in a lot of cases, it’s the same famous person getting arrested repeatedly. Some celebrities have made a second career out of run-ins with the law and are now more [in]famous for their arrest records than for their acting careers.

Lindsay Lohan

Let’s call Ms. Lohan the queen of celebrity arrests. E! Online has made a nice timeline of her arrests, which started in 2007. The most recent was in March of 2013. I think the thing that makes Lohan’s many arrests so controversial is that she doesn’t seem to get the message. Despite being sent to rehab, placed on probation, and spending time in jail, she kept drinking and drugging. Word is that she’s completely sober now – and I can only hope it lasts.

December 10, 2013

Duo in Week-long July Robbery Spree Forego Trial, Choose to Plead Guilty Instead

by Scott Grabel

In a week-long crime spree that occurred the same week a Bonnie and Clyde TV miniseries aired, two people decided to accept a plea deal rather than face trial. 29-year-old Codie Vargas-Alegre and 38-year-old Juan Mario Hernandez-Correa recently pleaded guilty in Kent County Circuit Court in connection with the armed robberies of four retailers over a week-long time span in July.

Hernandez-Correa and Vargas-Alegre both pleaded guilty to two counts of armed robbery which took place in the Wyoming vicinity between July 11 and 19, according to a news article at Mlive.com. Vargas-Alegre allegedly used pepper spray, a knife, and implied she had a gun in order to threaten store employees and customers while robbing area gas stations and convenience stores. Hernandez-Correa drove the getaway car, according to Wyoming Police. Two charges of armed robbery were dropped in exchange for the defendants’ guilty pleas.

In all, the two allegedly robbed two Dollar General stores, one located at 919 36th St. SW, the other at 1055 Burton St. SW, a CVS Pharmacy located at 5603 Byron Center Ave., and a Cash Advance store located at 1044 28th St. SW. Both of the defendants face a maximum of life in prison when sentenced. Hernandez-Correa is scheduled for sentencing on January 8; Vargas-Alegre is scheduled for sentencing on January 22.

Michigan criminal defense attorneys know that in cases where a defendant agrees to a plea deal offered by prosecutors, punishment is often reduced in exchange. For example, Hernandez-Correa was originally offered a plea deal in October which would have left him facing a maximum of 15 years in prison; however, he declined this offer.

December 10, 2013

Michigan Native aka ‘Milkshake Murderer’ Loses Appeal of Conviction in Hong Kong

by Scott Grabel

On Tuesday December 3, Nancy Kissel, a Michigan native, lost in her appeal efforts to have her conviction for the 2003 murder of her banker husband overturned, according to News Daily. Kissel has been convicted twice in Hong Kong for the murder of her husband, a senior executive at US bank Merrill Lynch.

Kissel who is a mother of three children allegedly drugged her husband by giving him a strawberry flavored drink laced with a sedative before using a lead ornament to club him to death in the couple’s luxury home. She has been serving a life sentence for the murder since 2005. Kissel maintains that her husband was abusive, and that she killed him in self-defense. Kissel was retried for the murder after an appeals court overturned her conviction in 2010 and once again convicted in 2011.

Kissel’s defense team said in October at the appeal that their client suffered from depression; they maintain that Kissel’s husband had physically assaulted and threatened her, and that she was in a frenzy when she attacked and killed her husband. The appeal was rejected by judge Wally Yeung in Hong Kong’s Court of Appeals. Yeung said in his ruling that “The evidence . . . is consistent with the deceased being attacked and killed when he was either unconscious or when his consciousness was impaired.”

Following her first conviction in her husband’s murder, Kissel’s conviction was overturned by the Court of Final Appeal in February of 2010, however she was retried on the charges and once again convicted. In the first appeal, the conviction was overturned based on legal errors.

Kissel allegedly had her husband’s body, which prosecutors allege was rolled up in a carpet, carried out by workmen to a storeroom.

Kissel was also alleged to have been having an affair with a man in the US whom she planned to run away with; prosecutors allege the death of her husband left her to profit by $18 million.

Appealing a conviction for murder is not a simple process; in fact, it is rare to have a conviction overturned. The key to success in appealing a conviction or sentence is having a highly experienced and qualified Michigan criminal appeals attorney who is thoroughly familiar in the appeals process.

December 9, 2013

Detroit Underwear Bomber’s Attorney Works to Have Client’s Conviction and Sentence Overturned by U.S. Court of Appeals

by Scott Grabel

On Christmas Day in 2009, Umar Farouk Abdulmutallab attempted to blow up a Northwest Airlines flight as the airplane descended in Detroit. Abdulmutallab’s efforts failed, leaving him the only person injured of the 286 passengers aboard the Amsterdam to Detroit flight. Now, his defense attorney has appealed Abdulmutallab’s conviction and sentencing to the U.S. Court of Appeals for the 6th Circuit.

The defendant, who is the son of a wealthy Nigerian banker, had a chemical bomb in his underwear which was intended to blow up the airplane. Upon detonating, the bomb caused a small fire which resulted in Abdulmutallab suffering severe burns. The defendant admitted the scheme was a suicide mission. He was charged with eight criminal offenses which included conspiracy to commit terrorism, willful attempt to destroy an aircraft, and attempted use of a weapon of mass destruction. He was sentenced to four life prison terms.

The appellate court has reportedly listened to the defending attorney’s arguments, but has not yet ruled on the case. Travis Rossman, Abdulmutallab’s lawyer, contends that the sentence given his client is cruel and unusual, that the court improperly failed to order a competency exam, and that the defendant’s post-arrest confession should not have been admissible. Rossman maintains that giving his client who is just 26 years old a sentence of life behind bars is extreme, particularly considering no passengers on board the airplane other than Abdulmutallab himself were injured.

The appeals court, located in Cincinnati, heard Rossman’s arguments on Thursday December 5, although no decision has yet been made.

December 9, 2013

Geneva Township Woman Faces Multiple Charges After Attempting to Flee While Authorities Check Medical Marijuana Cards

by Scott Grabel

48-year-old Bethany Murk of Geneva Township was recently arrested and charged with several counts including domestic violence, possession of scheduled prescription medications, felony possession of marijuana, and resisting and obstructing a police officer, according to news reports at Mlive.com.

Deputies were called to the residence located in the 61000 block of CR-380 on allegations of domestic violence made by Murk’s son and daughter-in-law. A Van Buren County Sheriff’s Office news release stated that deputies spoke with the alleged victims upon arriving at the home before interviewing the suspect in a separate area of the house.

Upon interviewing Murk, deputies noticed several drug-related items which included marijuana pipes, bongs, loose and bagged marijuana. When asked about the items, Murk claimed that it was legal for her to possess the drug paraphernalia because she was a medical marijuana patient and caregiver. She produced cards to prove her claim. Deputies sent Murk to get “appropriately” dressed while they were checking on the validity of the cards; at this point, she attempted to flee police by running out the front door. According to authorities, the Medical Marijuana cards proved to be either unverified or expired.

Deputies caught Murk before she escaped, and ultimately seized more drugs and paraphernalia including approximately 81 5 mg Valium pills, 11.8 ounces of marijuana, two marijuana pipes, and two bongs.

Michigan drug crime attorneys know the serious consequences individuals face when charged with an offense such as marijuana possession. In fact, possessing even a small amount of marijuana may leave the accused facing up to one year in jail and fines of up to $2,000 if convicted. Considering the defendant in this case was found in possession of scheduled prescription drugs, she will likely face even harsher penalties.

December 6, 2013

Refusing a Breath Test and Drivers License Suspension in Michigan

by Scott Grabel

In Michigan, laws regarding drunk driving are extremely strict. If arrested for DUI and you refuse a chemical test, your driver’s license may be suspended for one year. Under Michigan’s Implied Consent Law, MCL 257.625c, any individual who operates a vehicle gives his or her consent to submit to chemical testing if arrested on suspicion of driving under the influence. This applies to anyone who operates a vehicle in any location open to the general public, including not only roadways but parking lots and other areas. You agreed to this when you applied for your driver’s license, although you likely were not aware of it.

A one-year suspension applies to first-time offenders; if you are arrested for DUI a second time within seven years of the first, your driver’s license will be suspended for two years. Suspension of your license is separate from the criminal offense of driving under the influence, and is administrative in nature. Your driver’s license will be submitted immediately after refusing a breath test administered at the police station (this does not apply to a roadside or preliminary breath test).

If your driver’s license was suspended after refusing to take a breath test, it may be possible to challenge the suspension in court according to the circumstances of your case. For example, the traffic stop may have been unlawful; police must have reasonable suspicion to pull you over. If you have no prior drunk driving conviction or arrest, it may be easier to have your driving privileges restored. Ultimately, it is highly recommended you discuss your situation with an experienced Michigan driver’s license reinstatement attorney, who can review your case and help determine whether it may be possible to have your license restored.