Criminal Defense Overview

July 2, 2013

28-year-old Ypsilanti Man to Head to Trial Following Accusations He Shot at Cars on U.S. 23

In February of this year, 28-year-old Elmore Ray was arraigned on several charges after being accused of firing a sawed-off shotgun at cars on U.S. 23. According to a news article at Annarbor.com, Ray wore an expression of disbelief as the charges were read, saying that “I didn’t assault anybody, I was just . . . ” before being cut off by Magistrate Elisha Fink, who informed Ray he didn’t have to say anything.

Ray was charged with four counts of assault with intent to murder, four counts of assault with intent to commit great bodily harm, possession of a firearm in commission of a felony, possession of a short-barreled shotgun, and carrying a weapon with unlawful intent.

Last week, Ray’s case was bound over to the Washtenaw County Trial Court after it was determined by a district court judge that there was sufficient reason to believe that Ray committed a crime. Witnesses said that Ray is the individual they saw shooting at several vehicles on February 27 near Michigan Avenue south of Ann Arbor on U.S. 23. While there were no injuries reported and no vehicles were hit during the gunfire, Ray was arrested at gunpoint by Pittsfield Township police as he was walking from the area. Police Deputy Chief Gordy Schick said that witnesses also reported that Ray was dressed all in black and wearing a black trench coat.

The defendant’s competency was questioned by his court-appointed defense lawyer, however he was found competent to stand trial on June 18.

Ray’s pretrial court date has been scheduled for August 1st; he is currently incarcerated at the Washtenaw County Jail.

Michigan assault with intent to commit murder attorneys understand the consequences individuals face if convicted of this serious criminal offense. In fact, someone who is found guilty of assault with intent to commit murder may face any number of years in state prison, up to life.

July 1, 2013

18-year-old Former Standout Athlete Charged with Breaking and Entering, Safe-Breaking

by Scott Grabel

In May of this year, 18-year-old Zachary Scott Gnass pleaded guilty to two counts of breaking and entering in connection with a February incident at the Byron Center Market, located at 2592 84th St. SW, according to a news article at Mlive.com. Gnass is a former Byron Center High School student and standout athlete, having been on the wrestling team at school and playing tackle for the Bulldogs football team.

Gnass had an accomplice in the breaking and entering scheme, 19-year-old Jacob Curtis Awrey. Both defendants are alleged to have broken into the market after hours, stealing liquor and the cash box. According to police, surveillance video helped lead to the arrest of the two teens.

The charge of safe-breaking came about after Awrey told investigators that the cash box was broken open by Gnass. A law implemented in 1931 in Michigan makes safe-breaking an offense which is considered as high level as armed robbery, putting the accused at risk of facing life in prison. The Michigan statute reads, “Any person…who shall attempt to break, burn, blow up or otherwise injure or destroy any safe, vault or other depository of money, bonds or other valuables in any building or place, shall, whether he succeeds or fails in the perpetration of such larceny or felony, be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years.”

Gnass pleaded guilty to the breaking and entering charge in order to have the safe-breaking charge against him dropped in his negotiations with Kent County Prosecutors, and has no prior felony record. However, in order to have the most serious charge dropped, prosecutors required that Gnass accept increased penalties for the charges of breaking and entering. He will be sentenced to between almost two years and 10 years in prison, and is scheduled to be sentenced June 25 in Muskegon County Circuit Court.

In total, Gnass faces sentencing on four charges of breaking and entering in connection with a series of incidents involving an hydroponics store and three smoke shops. On Monday June 24, Gnass apologized to the store owners and the court before Kent County Circuit Court Judge James Robert Redford, vowing to pay restitution both to the insurance company and market owners.

Michigan criminal defense lawyers understand that while breaking and entering is a serious criminal offense, young people – particularly teens – often make mistakes without first considering the potential consequences of their actions.

June 27, 2013

Bloomfield Hills Man to Spend Three Years in Prison for Mail, Wire Fraud

by Scott Grabel

Patrick D. Winter, a 54-year-old father of nine children from Bloomfield Hills, will spend three years in prison after pleading guilty in federal court to charges of mail and wire fraud. Winter was sentenced on Tuesday, June 25 of attempting to inflate an insurance claim by more than $230,000, and defrauding a Nevada woman out of $645,000.

The Federal Bureau of Investigation’s website states that a commercial property the defendant owned at 21751 Nine Mile in Southfield was scorched in October of 2004, and that Winter filed a false insurance claim. The defendant allegedly tried to inflate the $1 million claim by more than $230,000 according to the U.S. Attorney’s Office.

In another case, the U.S. Attorney’s Office claimed that Winter bilked a 60-year-old Nevada woman of her entire life savings between July 2008 and August 2010, promising an investment in real estate that would yield high returns. Winter was found guilty of soliciting more than $645,000 from the woman, according to a news article at Mlive.com. It is believed that the defendant showed the woman a picture of his large family in an effort to earn her trust. When Winter received the victim’s money, he spent it on personal expenses rather than investing it according to authorities.

Several agencies worked with the U.S. Attorney’s Office to close the case including the FBI, Southfield Fire Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Michigan federal crime attorneys know that these types of crimes are particularly complex, and that individuals convicted in federal court typically face harsher sentencing than at the state level. When an individual is accused of a federal offense such as mail or wire fraud, it is critical to obtain the support and guidance of an attorney with experience and skill handling these types of cases.

June 24, 2013

Suspect Arrested in Fatal March Shooting at Myst Ultra Lounge in Southfield

by Scott Grabel

On March 31 of this year, 33-year-old Nicole Riggs of Oak Park was fatally shot when an altercation took place at the Myst Ultra Lounge. A news article at Myfoxdetroit.com indicates that some men who were at the club were thrown out by the bouncer after becoming involved in an argument.

It is believed that Riggs was an innocent bystander who was randomly struck when shots rang out from the parking lot. At the time of the shooting, police were looking for a man they described as a “person of interest.” Police released a photo of the suspect, determined later to be DeAngelo Jammal Eady who is also 33 years old. A warrant for his arrest was issued on May 29; Eady was arrested last week.

The Myst Ultra Lounge has been described as a “Hollywood experience” by some with its Miami-themed outdoor patio, numerous flat screen televisions and plush VIP booths. Riggs was a wife and mother of one teenage son; the incident reportedly took place at about 2 a.m. She was said to be attending a birthday party at the club with a group of relatives.

The suspect has now been charged with possession of a firearm by a felon, possession of a firearm in commission of a felony, and open murder.

Michigan homicide attorneys understand the severe consequences individuals face when charged with murder, whether open murder, second-degree, involuntary manslaughter, or any criminal offense related to the death of another person. A conviction in the case of open murder could potentially leave the accused facing life in prison.

June 19, 2013

19-year-old Kalamazoo Man to Spend a Minimum of 9 Years in Prison for Child Abuse

by Scott Grabel

Kevin Taylor, a 19-year-old Kalamazoo man, has been sentenced to a minimum 9 years after being convicted of first-degree child abuse. Kalamazoo County Circuit Judge Gary C. Giguere to 112 months to 20 years in prison, saying that the abuse of a 2-year-old boy was an act of brutality, and that no small child was safe around Taylor.

Taylor was initially charged with a count of first-degree child abuse as a second-time habitual offender and domestic violence. As part of his plea agreement, the charge of domestic violence was dropped at Taylor’s June 17 sentencing hearing.

News articles do not reveal how or if Taylor is related to the 2-year-old boy, or where the alleged abuse took place. What is known is that Taylor, who was 18 years old at the time, was babysitting the toddler, and that his last known address was in the 1100 block of Bridge Street. According to Mlive.com, Kalamazoo police were in search of Taylor after responding to a report of child abuse from the Bronson Methodist Hospital. The boy’s injuries were said to be consistent with physical abuse, and included bruises to his body and blunt-force trauma to the abdomen.

Judge Giguere said after sentencing Taylor that, “It keeps you off the streets for a significant amount of time.” He also said that Taylor “richly deserved” his sentence. Taylor told the judge on Monday that he knew he made mistakes, and that while in prison he hoped to better himself. He went on to say that while in prison he would take classes so that he would be fit for society upon his release.

Michigan child abuse lawyers agree that harming and abusing a child is unconscionable; however, young people, particularly teenagers, are not always emotionally or psychologically capable of controlling their thoughts and actions. Certainly the defendant in this case is learning a lesson the hard way, although it is unfortunate that someone so young may remain in prison until he is nearly 30 years old, and may never have the opportunity to live a productive life.

May 31, 2013

23-year-old Detroit Man to Appear in Court on Armed Robbery, Other Charges

by Scott Grabel

Jamill Devon Passmore, a 23-year-old Detroit man who allegedly assisted in setting up a group of EMU students who were robbed of personal items outside of the Westview Apartments in January of this year, is scheduled to appear in court on Thursday, May 30 for a pretrial hearing before Judge David Swartz.

According to EMU police, a student and four guests who had been watching a basketball game at the student’s apartment were robbed of cell phones, Rolex watches and other items as they left the apartment at approximately 1:30 a.m. Two men approached the group and implied that they had a weapon before robbing the group of men. Police believed that one of the visitors who had been in the student’s apartment was involved in the robbery because of “statements that some of the guests made.”

The student who lived in the apartment, Charles Bell, watched the game with Passmore, William Gholston, Michael Jefferson, and Reggie James, all of whom were believed to be EMU students other than James. Passmore repeatedly left the apartment to walk and talk on his cell phone according to a news article at Annarbor.com. Police believe he was talking with two men that he had driven from Detroit to Ypsilanti with.

When the five men (including Passmore) left the apartment, they were reportedly going to meet some girls at a party. According to Gholston, the men had been out of the apartment only seconds when they were threatened by two men who approached them from behind and said they had a weapon. Three of the group got down on the ground, however Passmore and Jefferson ran according to testimony. Jefferson said that as he and Passmore ran from the suspected robbers, Passmore attempted to rob him. Jefferson testified that Passmore grabbed the back of his head and slammed him to the ground. After failing an attempt to take Jefferson’s Rolex, he fled the scene.

Police determined that Passmore had been involved in a setup with two other men to rob the victims. He was charged with assault with intent to rob while unarmed, four counts of conspiracy to commit armed robbery, and four counts of armed robbery. He is currently being held in the Washtenaw County Jail on a $75,000 cash bond.

Michigan armed robbery attorneys know that individuals convicted of armed robbery face a minimum of two years in prison, and may be sentenced to life behind bars.

May 28, 2013

72-year-old Royal Oak Township Woman Charged with Attempted Murder of Daughter

by Scott Grabel

On Friday May 24, 72-year-old Mozella McIntyre was arrested and charged with attempted murder after she and her adopted daughter became involved in an argument over a bottle of water; McIntyre fired a gun at the 20-year-old woman, who was uninjured. She was arraigned before Oak Park 45B District Judge David Gubow and released with a GPS electronic tether on personal bond.

According to a news article at the Oakland Press, McIntyre also faces a felony firearm charge.

On Tuesday evening Oakland County Sheriff’s deputies were called to the scene, located in the 21000 block of Reimanville. Sheriff’s Sgt. Chad Allan said that McIntyre refused her adopted daughter’s request for a bottle of water, and an argument ensued. At that point, McIntyre retrieved a .38-caliber handgun and proceeded to point it at her daughter. The gun misfired when she pulled the trigger on the first attempt because the chamber was empty. Upon firing the gun a second time, a wall was struck near where the daughter was standing.

The news article states that McIntyre has no prior criminal history, and that the gun was legally registered to her. Police confiscated the gun after recovering the bullet; the suspect’s gun was a 38 Special Smith & Wesson.

McIntyre is scheduled for a June 4 pre-exam hearing in Oak Park District Court; a preliminary exam is scheduled for June 6.

Michigan murder defense attorneys know that if convicted, McIntyre could face up to life in prison. Even if she is sentenced to any number of years, it is possible that she could spend a substantial portion or all of her life behind bars, considering her age.

May 22, 2013

Ypsilanti Township Man Convicted of Robbing 2012 Graduation Party Sentenced to Up to 10 Years in Prison

by Scott Grabel

Javon Hurston, a 35-year-old Ypsilanti Township man, was sentenced to up to 10 years in Prison on Monday May 20 for his role in the robbery of a graduation party last year. In April, Hurston pleaded no contest to numerous criminal charges; thirteen of those charges will be dismissed including one count of first-degree home invasion, five counts of assault with intent to rob while armed, and seven counts of armed robbery.

According to a news article at Annarbor.com, Hurston was sentenced by Judge Darlene O’Brien to 35 months to five years for carrying a concealed weapon, two years for felony firearm, two years for possession with intent to deliver marijuana, and up to five years for one count of felon in possession of a weapon.

The graduation party was being held in an apartment on June 4, 2012. Hurston testified that at approximately 2:30 a.m., he and an unidentified man were outside in the area of the apartment when two women approached the two men and wanted to buy marijuana. Hurston and the other man were armed and attempted to rob the women, who didn’t have anything to offer the two men according to Sgt. Geoff Fox of the Washtenaw County Sheriff’s Office.

After forcing the women to take them to the apartment where the graduation party was being held, Hurst and the other suspect allegedly stole cell phones, money, jewelry, and drugs from those attending the party while brandishing weapons.

Erika Julien, Hurston’s court-appointed lawyer, called the case a “hot mess,” saying that the graduation party was packed with drunk kids, and that race may have played a role. Julien indicated that some of the individuals who were at the party exaggerated what happened, making the situation sound worse than it actually was. She also contends that the two women outside of the apartment invited Hurston and the unidentified man up to the party, and that others who were in attendance seemed to object. Hurston is biracial; the man who was with him was black according to the news report.

While the details of the incident remain unclear, it looks as though Hurston will be spending a substantial period of time behind bars.

May 16, 2013

Delton Man Charged with Open Murder in September 2011 Death of Roommate

by Scott Grabel

Harold Ordway of Delton was recently charged with open murder in the September 2011 shooting death of Paul Frederic Atchley, one of Delton’s past roommates. Ordway had long been suspected in the deaths of Atchley and 33-year-old Michael VanBuskirk, although prosecutors lacked sufficient evidence to charge Ordway in the deaths.

According to a news article at Mlive.com, new developments which the Prosecutor’s Office could not discuss led to the charge of open murder being filed against Ordway, who has been held on federal weapons charges after pleading guilty to the weapons offense in November of last year.

It all began when Ordway was involved in a crash in Plainwell on M-89 in which Allegan County sheriff’s deputies located items in the back of Ordway’s pickup truck including a gun, ammunition, and a mattress that allegedly had Atchley’s blood on it.

Initially, Atchley was missing, and VanBuskirk had been found dead in Kalamazoo County. Ordway was suspected in both the disappearance and death, and was said to have stopped taking bi-polar medication. Witnesses told police that Atchley was killed because Ordway had told him about the earlier killing of VanBuskirk. Ordway’s attorney claimed that VanBuskirk suffered from alcoholism and was known to suffer from depression, and that evidence suggested suicide was the cause of death.

Ordway was reportedly preparing to move into his parents’ Delton home, and had been renovating a Battle Creek house. Atchley moved into the home while Ordway was still living there, and VanBuskirk, who was said to be homeless, was helping with the renovation.

Ordway was arraigned in Atchley’s shooting death on Tuesday, May 14. He is scheduled for sentencing in the federal weapons violations charge on June 24. Prosecutors are asking that Ordway receive the maximum sentence of 10 years because of his involvement in the deaths. Federal sentencing guidelines call for a minimum of 27 months in prison.

While Ordway has only just been charged with open murder, Michigan homicide defense lawyers know that if convicted, he will likely spend a great number of years or perhaps even life behind bars.

May 1, 2013

Suspect Arrested and Charged in February Shooting of Lansing Teen

by Scott Grabel

In early February of this year, a 16-year-old girl was shot in the back; Lansing police searched for a suspect after blocking off roadways between Daleford and Oakland avenues along Martin Luther King Jr. Boulevard. Last week, police arrested 18-year-old Uriah Jackson in connection with the shooting, according to a news article at Mlive.com. He was arraigned on Friday April 26 before Lansing District Judge Hugh Clarke, and is charged with one count of felony firearm, one count of carrying a weapon with unlawful intent, and two counts of assault with intent to murder.

The 16-year-old girl was allegedly shot in the lower back on February 2 as she was involved in an argument with a large group of individuals; her sister was also injured in the incident. According to the Lansing State Journal, the 15-year-old suffered a bullet graze near the abdomen.

Police had been searching the suspect for some time; Jackson was located after a member of the Lansing police department’s Explorer scout post who was off duty relayed information regarding his whereabouts to the Eaton County Sheriff’s Department, who then made the arrest.

Following his arraignment on Friday, Jackson’s bond was set at $100,000 by Judge Clarke. His pretrial conference is scheduled for May 7, and preliminary examination on May 9.

Michigan assault with intent to commit murder attorneys understand the serious consequences an individual faces if convicted of this violent crime. In fact, a conviction could leave you facing life in prison or any number of years according to the Michigan Penal Code 750.83. It is urgent that you seek effective legal counsel right away.