Michigan Criminal Lawyers Blog

December 6, 2013

Grattan Township Woman to Remain in Jail Until Money Repaid to Elderly Woman She Cared For

Tracy Gaye Mata was charged with larceny from a building when she allegedly stole $6,500 from an elderly woman she cared for and befriended. Now, Mata has been ordered to remain in jail until she repays the money to Dorothy Preblo, the 91-year-old woman who was in her care.

According to an article at Mlive.com, Mata was caught on video after the elderly woman set up a camera to catch Mata in the act. Mata was caught stealing money from Preblo’s purse.

Sandee Johnston, the victim’s daughter, said in court that Mata used the Bible to gain Preblo’s trust, and that the defendant had stolen money from her mother over a period of months. Johnston also stated that her mother had begun to believe her suspicions of missing money was a result of Alzheimer’s disease. Preblo and Mata met at church; Mata cared for the woman over a period of 18 months in a volunteer capacity, and visited Preblo several times a day. Preblo came to feel that the woman she thought was her friend really only “liked her money.”

Mata was ordered to pay the money after pleading guilty to the charge in October. Preblo’s daughter agreed with the amount, although she believes more than $6,500 was taken from her mother.

The defendant said she would be able to repay the money right away after Judge Dennis Leiber ordered her to remain as long as 90 days in the Kent County Jail, or until the full sum is paid. The 91-year-old woman said that she was more interested in seeing that Mata felt true remorse for the crime she committed than seeing her in jail.

If Mata had gone to trial and been found guilty, she may have faced substantially harsher penalties. In Michigan, a conviction for charges of larceny from a building will leave the defendant facing up to four years in jail. This offense is described as the stealing of property, money, or goods from a house, office, hotel, school, factory, church, trailer, gas station, warehouse, or any publicly used building.

December 5, 2013

Dearborn Man Sentenced to Life in Prison for September 2012 Shooting Death

by Scott Grabel

In October we wrote about Michael Hamilton, a Dearborn man who was charged with open murder in the shooting death of 49-year-old Robert Marcyan. Hamilton was convicted in October, and recently sentenced to life in prison without the possibility of parole. Jackson County Circuit Judge John McBain told Hamilton upon sentencing, “You are going to die in the Department of Corrections.”

Hamilton was charged with open murder, assault with intent to murder, and other charges. Marcyan was a twin; he and his brother Richard were at Hamilton’s father’s cottage after having been requested to provide an estimate to perform some work on the property. Hamilton’s father was supposed to meet the brothers, but was injured and could not make the appointment. Instead, the defendant met with the brothers. He had reportedly met the two men on one occasion, approximately a month earlier.

No clear motive was given for the murder, however George Lyons, the defendant’s attorney, argued that his client was involuntarily intoxicated by Adderall and was suffering side effects of the drug when he allegedly shot Robert Marcyan in the head. He also fired at Richard Marcyan, but did not hit him. Lyons maintained that because of the Adderall, Hamilton was legally insane when the shooting took place.

Kati Rezmierski, Chief Assistant Prosecutor, said that the victim was driving an older model BMW and wearing $30,000 in jewelry, and that Hamilton was “just another drug addict motivated by money.”

December 5, 2013

Bay City Man’s First-Degree Murder Conviction in Death of Girlfriend Upheld by Michigan Court of Appeals

by Scott Grabel

In July of 2012, 23-year-old Jeffrey A. Julian II was convicted of first-degree murder in the 2010 murder of his girlfriend, 33-year-old Lynn M. Spicer. In declaring Julian guilty, Bay County Circuit Judge Harry P. Gill stated that, “I don’t think there’s ever been a crime as thought out as Mr. Julian’s intent to kill this woman.” The judge went on to say that there was absolutely no doubt Julian was guilty of first-degree premeditated murder.

Julian and his brother, Craig, allegedly killed Spicer on August 21, 2010 outside the home Jeffrey Julian and Spicer shared. The two brothers reportedly buried the victim’s body in a grave in a vacant lot adjacent to their home, which had been dug at least one week earlier according to news reports. Julian wanted to end the relationship, which began in 2009. On the pretext of having sex, the defendant lured Spicer outside their home with the intention of strangling her. Craig Julian was convicted in June of 2012 in the murder and is serving life in prison without the possibility of parole.

Jeffrey Julian appealed his conviction arguing that his Miranda rights were violated as a conversation he had with a friend in which he confessed to the murder and which was recorded for police should have been suppressed. Julian also argued that he should have been given a second independent psychiatric evaluation after asserting an insanity defense, which the trial court did not permit. Julian’s third argument with the appeals court was that he had ineffective counsel. The Michigan appeals court panel concluded that all three arguments were without merit. His conviction was upheld.

Craig Julian also appealed his conviction for aiding and abetting murder in the killing of his brother’s girlfriend; his conviction was also upheld by the appeals court in December of 2012.

Appealing a conviction for a violent crime such as murder is a complex process; as indicated above, winning an appeal is not easy, and in fact is a rare occurrence. Individuals who believe they have strong grounds to appeal a conviction or sentence must have a capable and highly experienced Michigan criminal appeals attorney to ensure the best possible chance of winning.

December 4, 2013

Michigan Supreme Court Orders Judge to Take Another Look at Burton Man’s 1987 Murder Conviction

by Scott Grabel

In 1987, Temujin Kensu, formerly known as Fred Freeman, was convicted of fatally shooting Scott Macklem in a college parking lot. Kensu, a native of Burton, has maintained his innocence for decades, and been supported by numerous innocence groups including the Innocence Clinic at the University of Michigan.

Kensu has attempted to have his conviction overturned repeatedly, claiming that at the time the shooting occurred he was in the Upper Peninsula, hundreds of miles away. An appeals court overturned his conviction in 2010, however the U.S. Sixth District Court of Appeals upheld the first-degree murder conviction in 2012.

Prosecutors believe that Kensu killed the victim because Macklem was dating his ex-girlfriend, and Kensu was jealous. At trial, a witness claimed to have seen the defendant drive away from the scene of the crime, however it was determined at a later date that the witness had been hypnotized and gave a wrong license plate number.

In this latest effort to have his conviction overturned, the Michigan Supreme Court has ordered a hearing be held by a judge so that police photos which were used to identify Kensu as a suspect in the case may be reviewed.

In a 2010 interview with The Flint Journal, Kensu said that every single person who had reviewed his case concluded that he did not commit the murder, that there is no evidence and no witness.

The state’s Supreme Court has ordered that an evidentiary hearing be conducted in St. Clair County Circuit Court. At issue is whether Kensu’s defense team had the opportunity to review original police lineup photos prior to those photos being made into trial exhibits for the jury. The issue of the lineup photos was addressed by the Court of Appeals in 2012, however the Supreme Court ruled this should have been discussed in trial court, according to St. Clair County Prosecutor Mike Wendling.

Time will tell whether Kensu ultimately has his conviction overturned and gets released from prison, where he has been incarcerated for nearly 27 years. Michigan criminal appeals attorneys know that there are cases in which the real truth is never known; however, when an individual who is innocent spends decades behind bars, it is a tragedy.

December 4, 2013

2012 Lansing Drug Bust Results in Federal Drug Charge Convictions for Four Men

by Scott Grabel

In October of 2012, a vehicle was stopped by an Ingham County Sheriff’s Deputy near Lansing on I-96. Upon searching the vehicle, the deputy found crack and powder cocaine. Two Lansing men were arrested, 42-year-old Rogelio Ruiz, and 37-year-old Gilbert Albarez.

Albarez and Ruiz were transporting the three kilos of powder and crack cocaine to Lansing after picking the drugs up in Columbus, Ohio, according to FBI investigators. Two other suspects in the case were netted after the FBI set up a “reverse sting” operation in which the drugs were returned to the source. Israel Mendez was arrested in October 2012 after coming to Lansing to pick up the drugs. The supplier of the cocaine, Luis Edwards, was arrested in March of this year as he crossed the U.S./Mexico border in Hidalgo, Texas.

Albarez and Ruiz both pleaded guilty in federal court last month to possession of cocaine and crack cocaine with intent to distribute. The two men are currently awaiting sentencing. Israel Mendez, a resident of Fort Wayne, Indiana, was sentenced to 30 years in federal prison in August after being found guilty by a jury in April of possession with intent to distribute the cocaine and crack cocaine.

Just over a week ago, Luis Edwards was sentenced to 15 years and eight months in federal prison, according to U.S. Attorney Patrick A. Miles.

Possession of cocaine with intent to distribute, sell, or deliver is a serious criminal offense in the state of Michigan. In fact, when more than 1 kilogram is involved, the criminal penalties include up to life in prison, with possible fines of up to $1 million dollars. In criminal cases, a defendant will often get a lighter sentence by pleading guilty, however this is a decision that should be made only after discussing your situation with a seasoned Michigan drug crimes attorney, and careful review of the circumstances. Depending on the specifics of your case, there may be grounds for dismissal of the charges, or factors which would indicate going to trial may be a better option.

December 3, 2013

Oshtemo Township Man Sentenced to Up to 15 Years in Prison for Violent Assault of Girlfriend

by Scott Grabel

On Monday December 2, 42-year-old Arthur Payne was sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey to two to 15 years in prison for assault with intent to commit great bodily harm less than murder. Payne allegedly beat his girlfriend severely in March after she returned home bringing food for her son, but did not bring Payne a meal.

News articles claim Payne struck Stephanie Janssen so hard that not only did it result in knocking her teeth out and fracturing her skull, it fractured his own hand. Payne allegedly struck Janssen repeatedly; John Anderegg, Assistant Prosecutor, said on Monday that “This wasn’t a single smack to the face.” Anderegg called it “excessive brutality.” Payne pleaded no contest to the charges in November. He was also charged with misdemeanor aggravated domestic assault.

Payne and Janssen shared an apartment in Oshtemo Township when the alleged incident occurred. There was no plea agreement; according to Payne’s sentencing guidelines, he would serve a minimum of 10 to 28 months behind bars. Payne claimed that he is mentally ill, and blamed the attack on his illness. Janssen spoke in court on Monday, telling Payne that he left her and her children with no place to call home. She urged Payne to get the psychiatric help he needs, and to “do something” for himself no matter what the outcome in court.

Anderegg accused Payne of using his mental illness as an “excuse” for bad behavior; Payne has allegedly assaulted five women, and while Payne felt he has served enough time in prison and claimed if imprisoned he would still come out mentally ill, Anderegg told the judge that Payne should be “rewarded” for his past violent behavior with a sentence of up to 15 years in prison. Payne claims he is fully committed to continuing psychiatric treatment in order to rehabilitate himself.

Payne was also ordered by the judge to pay more than $58,000 in restitution for Janssen’s medical bills.

Michigan criminal defense attorneys know the severe penalties individuals convicted of assault crimes face. First-time offenders who are convicted of assault with intent to commit great bodily harm less than murder will face punishment which includes fines of up to $5,000 and prison time of up to 10 years according to Michigan Penal Code 750.84. Because of his status as a second-time habitual offender, Payne will spend up to 15 years in prison.

December 3, 2013

Flint City Councilman Arrested for Marijuana Possession, OUIL

by Scott Grabel

Recently Eric Mays, Flint City Councilman who was elected to the council for the First Ward in November, was arrested for allegedly possessing marijuana and operating under the influence of alcohol. According to news reports, the incident took place early Saturday morning November 30 when police discovered Mays changing a flat tire on I-475.

Police had been dispatched to the scene after receiving reports of a vehicle north of Carpenter Road on I-475 north having four flat tires. When Flint police arrived they were met by Genesee Township officers. Mays was allegedly driving northward in the southbound lanes.

Flint Police Chief James Tolbert issued a news release which stated Mays was additionally cited for failure to submit to fingerprinting and no proof of insurance. Mays was placed in the Flint City Lockup pending his arraignment, which had not been set at the time of news reports.

Crimes involving marijuana or any illegal drug in Michigan are prosecuted vigorously. Even when an individual is caught smoking marijuana, he or she could face a fine of $100 and up to 90 days in jail. While marijuana possession is a misdemeanor offense, the penalties for those convicted may include fines of up to $2,000 and up to one year in jail. Certain factors may leave you facing more serious criminal penalties including criminal history, whether the alleged offense occurred within close proximity of a school, park, or church, whether a weapon was present, and more.

Unfortunately for Mr. May, the alleged crimes of OUIL and marijuana possession may be more damaging to his reputation and career than anything else. This case is a prime example of how anyone, regardless of standing in the community, may be charged with a drug or alcohol related crime.

December 2, 2013

Why Telling your Criminal Defense Lawyer the Truth is your Best Bet

by Scott Grabel

One of television’s greatest fictional doctors and misanthropes, Dr. Gregory House, used to mumble “everybody lies” at some point during each episode. Whether or not his statement is true, there is one time when you absolutely shouldn’t lie: when I’m your criminal defense lawyer and you’re describing your case to me. I need to know everything about the events of the day, the details of your personal life and activities, and the events surrounding the crime. The more I know and the more you tell me, the better able to put together a sound defense for you I’ll be.

My Opinion Doesn’t Matter

Even if you didn’t commit the crime you’ve been accused of, there might be things you’re hesitant to share with me. Keep in mind that I won’t think any less of you or form an opinion about your character. Even if I did, it wouldn’t get in the way of my coming up with a strong defense for you to keep you out of jail or to get the best possible sentence for you based on the circumstances.

December 2, 2013

Man Convicted in April Robbery of Plainfield Township KFC

by Scott Grabel

On April 6 of this year, the KFC located at 4040 Plainfield Ave. NE in Plainfield Township was robbed by a masked gunman who was recognized by two employees despite the ski mask he was wearing. Now, 45-year-old Ronnie Taylor has been convicted on several charges after robbing the KFC store of $2,000.

Taylor was convicted on November 27 of armed robbery, conspiracy to commit armed robbery, being a felon in possession of a weapon, felony firearms, and being a habitual offender according to news reports at Mlive.com.

Two employees at the restaurant said they recognized Taylor, a customer they had seen in the store on numerous occasions. An assistant manager at the location, Kathryn Kasper, claimed that Taylor demanded money, telling her he would shoot her while pointing a gun at her leg.

Taylor allegedly entered the KFC through a door at approximately 11 p.m. after an employee exited and did not lock the door behind him. While wearing a ski mask, he went to the back area and demanded money from the safe while pointing a handgun at employees. A cashier at the store said the $2,000 Taylor made off with was all that was in the safe.

Valery Reusser, a cashier at the store, said that several victims noticed the voice and eyes of the robber were familiar; they determined that Taylor was a former employee’s boyfriend, and said that he used to come into the store as his girlfriend’s shift was ending.

Taylor is thought to have had an accomplice in the robbery, 29-year-old Leonardo Simmons. Simmons role has not been revealed; he is awaiting trial. Taylor is scheduled to be sentenced on December 17.

Armed robbery is a very serious criminal offense, one that is punished harshly in the state of Michigan. In fact, those convicted may face up to life in prison when it is proven a dangerous weapon was used in the commission of the crime, or any article to insinuate the presence of a weapon, regardless of whether one actually existed.

December 2, 2013

Michigan State Police Say Large Meth Labs Declining, One-Pot Methods Remain Steady

by Scott Grabel

Michigan State Police have seen the use of large meth labs on the decline over the past decade, according to a recent news article at Mlive.com. However, police believe the one-pot method which is an easier and faster way to produce methamphetamine may be on the rise.

In the past, makers of meth often used methods which included the use of Anhydrous Ammonia, red phosphorus, and Phenyl02 Propanone. With the one-pot method, ingredients are mixed in a plastic bottle, such as a soda bottle. MSP say that over the past couple of years, this method has remained steady or perhaps even increased a bit.

Lt. Dave Cook, Michigan State Police Detective and commander of JNET (Jackson Narcotic Enforcement Team), said that the “shake-and-bake” or one-pot method takes less time, making it possible to create meth in under an hour as compared to the approximate four hour time span it would take to manufacture meth using the old methods. One-pot meth-making methods are also portable; many people make methamphetamine in their vehicles, after purchasing the ingredients at the store.

The methods previously used in making methamphetamine often resulted in lab explosions, because of the pressure the chemicals used in the process were under. There are also dangers with making meth in plastic bottles, according to the article. Components can corrode the plastic, resulting in a highly flammable, pressurized steam of acidic chemicals which shoot out of the bottle, possibly resulting in injury caused by fire or contamination. Jackson Police Department Lt. Elmer Hitt compared the reaction of water and lithium when contacting with air to that of a flamethrower.

Police are trained on how to identify meth labs, according to Hitt, who said that once the components of a one-pot lab are identified, JNET is called in so that the components can be collected and properly disposed of using containers which are Hazmat approved.

Whether in an old-style lab or using the one-pot method, manufacturing methamphetamine is a serious criminal offense in Michigan which is punished harshly. Depending on the amount of drug involved and other factors, an individual accused of manufacturing meth could face up to 20 years in prison and fines of up to $25,000 if convicted. Drivers license suspension and a Child Protective Services investigation to determine whether your parenting rights should be terminated are also possibilities.