Criminal Defense Overview

April 24, 2013

Man Charged with Arson in Saginaw Rental Home Fire

In January of this year, four people were sleeping inside a Saginaw rental home located at 703 S. Michigan when the home caught on fire. The home was separated into five apartments; tenants were said to have been present in three of those apartments when the blaze began. All escaped without injuries, although it was not known at the time how the fire started. Firefighters fought hard, as the high winds and cold temperatures that night caused the fire to spread rapidly, according to Saginaw Fire Department Battalion Chief Steve Filary.

On Friday April 19, 33-year-old Jeff McKenna was charged with arson in the fire, which gutted the inside of the home resulting in about $70,000 worth of damage according to a news article at Mlive.com. McKenna was reportedly at the Saginaw County Jail for an offense which was not related to the fire when officers served the arrest warrant charging him with arson.

On Monday April 22, McKenna was arraigned before Saginaw County District Judge A.T. Frank, who entered a not guilty plea on behalf of McKenna. The judge also ordered the suspect held on a $75,000 bond. He will remain incarcerated until he goes before Frank at his preliminary hearing scheduled for May 1.

Deputy Fire Marshal Ralph Martin stated that Michigan State Police detectives worked with fire investigators in bringing charges against the suspect; a resident who awoke after smelling smoke is also said to have cooperated.

News reports do not reveal a possible motive for the crime.

As Michigan arson lawyers know, arson is a serious criminal offense which will leave the accused facing severe criminal penalties if convicted; in fact, it is a 20-year felony offense. While in this case none of the residents of the home were injured, McKenna would likely be facing far more serious charges if anyone had been seriously injured or if lives were lost.

April 22, 2013

Stanton Mother Arrested for Child Abuse of 2-year-old Daughter

by Scott Grabel

26-year-old Samantha Slater was arrested on Tuesday, April 23, on charges of child abuse. According to a news article at Mlive.com, Slater was at home when Brooklyn Weimer was allegedly abused by Benjamin Wilkins, Slater’s boyfriend, and almost killed according to Montcalm County prosecutors.

On March 24, Wilkins admitted that he was taking care of Slater’s daughter according to court documents. He alleges that he placed the child in the bathroom for a “time out,” then heard a thud a few minutes later. When Wilkins went into the room to check on the sound, he found her unresponsive. She was flown to Helen DeVos Children’s Hospital with what doctors called life-threatening injuries. New reports state the doctors suspected abuse.

That evening at around 9:00 p.m., Wilkins called for an ambulance following a series of what were called “bizarre” calls with dispatchers and hospital staff. Wilkins allegedly reported that he had a friend who was injured, but later admitted that he had fabricated the stories, telling a detective that he and the child’s mother were fearful that DHS and police would become involved.

When officers arrived on the scene, the toddler was breathing but was unresponsive; it was determined at the hospital that she had suffered a closed head injury. She was listed in critical condition at the time, and in a medically induced coma.

When police arrested Samantha Slater on April 23, Wilkins was in jail for violating parole. Both are expected to face charges of first- and second-degree child abuse.

Michigan child abuse lawyers know that individuals facing charges of first- and second-degree child abuse face serious consequences if convicted. In fact, first-degree child abuse is punishable by up to 15 years in prison. However, there are times when innocent people end up behind bars for crimes they did not commit. Child abuse has become a serious topic in society today; when a child has a bruise caused by a fall, people are often quick to jump to conclusions.

April 11, 2013

Lansing Man Agrees to Plea Bargain in 2012 Birthday Party Shooting Death

by Scott Grabel

In April of 2012, then 19-year-old Rodney Scott was accused of murdering Ignacio Rebolloso at a birthday party both of the men were attending in Lansing. On Wednesday, April 10, Scott agreed to a plea bargain in front of Ingham County Circuit Judge William Collette. Scott pleaded guilty to second-degree murder in the shooting death of Rebolloso.

The incident occurred in the 1600 block of Martin Street, where it is alleged that the two men were among several dozen people in attendance at a birthday party. The two men became involved in a confrontation, and ultimately ended up outside where they got into a fight. According to police, the shooting took place outside during the course of the fight, which happened around 4 in the morning.

Before taking the plea deal, Scott had been charged with carrying a concealed weapon, felony firearm, and open murder. In exchange for his guilty plea to a charge of second-degree murder, prosecutors dropped the original charges.

Scott turned himself into police approximately one month after the shooting in 2012, due to what he called “mounting pressure of Lansing police detectives closing in on him,” according to a news article at Mlive.com.

Scott is scheduled to be sentenced by Judge Collette on May 22.

As all Michigan homicide defense attorneys know, the penalties for second-degree murder can be just as harsh as those for first-degree murder. While a conviction on first-degree murders subjects the defendant to life in prison without parole, second-degree murder is punishable by any number of years to life in prison. While we don’t know what the altercation was about in Scott’s case or his motive for the shooting, it is always a tragedy to see someone so young potentially face his or her entire life behind bars.

April 10, 2013

Blair Township Man Fires at Police Officers, Charged with Assault with Intent to Commit Murder

by Scott Grabel

On April 7, Grand Traverse County Sheriff’s deputies responded to a home in Blair Township following a report of a gun being fired inside the home. On Tuesday April 9, 50-year-old Richard Lee Radcliffe was arrested and is now facing four felony charges.

When deputies arrived at the residence, a father and stepson were at the home; initially, it was not clear who opened fire on police. The weapon was described as a semi-automatic rifle in news reports at Mlive.com.

Upon their approach at the home, deputies were fired upon. None of the officers were struck, and a deputy did return fire. It was determined that Radcliffe had fired on officers; he was arrested although he was treated at an area hospital before being taken to jail, as he suffered a broken leg in the course of his arrest.

Radcliffe has been charged with two firearms-related offenses, felonious assault, and assault with intent to commit murder. On Tuesday night he remained in jail on a $750,000 bond.

At the time of news reports, it was unclear why gunshots were being fired when deputies were called to the scene. At the request of the sheriff’s office, Michigan state police are investigating the incident.

In Michigan, assault with intent to commit murder is a serious crimes that leaves those convicted facing harsh criminal penalties. As capable Michigan assault with intent to commit murder lawyers, we know that a conviction could mean many years to life in prison. We also understand that in some situations, accusations against an individual are amplified – especially when law enforcement is involved, or the intended target.

March 28, 2013

22-year-old Superior Township Man Convicted of Child Abuse and Torture, Faces Possible Life in Prison

by Scott Grabel

Last month, we wrote about Harvey Seville Wince, a 22-year-old Superior Township man who had been accused of torturing a 3-year-old child he was babysitting for his girlfriend. Now, Wince has been found guilty of first-degree child abuse and torture. This is the second time Wince has been tried in the case; the first trial concluded in November of 2012, when the jury was unable to reach a verdict. Wince will potentially face life in prison when sentenced.

Wince’s 17-year-old girlfriend was the toddler’s frequent babysitter, however on April 1 of 2012 the babysitter had other plans and left the boy in the care of Wince. When the toddler’s mother returned home from work on the evening of April 1, she found her son had burns on his body, bite marks, and other injuries. She took him to the University of Michigan Health System for treatment of his injuries, where it was found that he also had fluid in his abdomen and blood in his urine.

Investigators in the case found that along with burns caused by being placed in a bathtub of scalding water, the toddler suffered a lacerated liver believed to be caused by blunt force trauma. The boy allegedly had bruises over his entire body, and bite marks on his arms. Wince did admit to biting the boy. Authorities at the sheriff’s office could not determine a motive for the injuries to the 3-year-old.

While this is a very sad situation, Michigan child abuse attorneys understand that there are often situations in which a parent is wrongly accused of child abuse, sometimes by an ex-spouse, or by someone else who may notice a bruise or other injury which occurred in a completely innocent way. The criminal penalties for those convicted are serious; not only may you spend years in prison, your reputation may be ruined, and your relationship with your child damaged for life.

March 26, 2013

Meridian Township Bank Robbed, Police Still in Pursuit of Suspect

by Scott Grabel

On Monday March 25, Independent Bank in Meridian Township was robbed by an unknown suspect in broad daylight, according to news reports at Mlive.com. Police are still on the lookout for the suspect, who was seen on surveillance tape. They have also released a sketch of the man they believe to be the suspect.

The bank, located at 2119 Hamilton Road, was robbed at around noon by a man who the teller involved said gave her a note with instructions. The teller handed over the money, at which point the suspect fled on foot. There were no witnesses who could give police information regarding which direction the suspect went.

The Independent Bank is located approximately two miles east of Michigan State University. According to police, the teller obliged the suspect’s demands, handing over an undisclosed amount of cash. Police also attempted to track the suspect with their K-9 team, but the effort was unsuccessful.

The suspect was described by witnesses as a white male in his mid-20s, thinly built and approximately 5′ 10″ in height. He wore mirrored sunglasses, khaki pants, a black cap and black dress coat, and white Nike’s.

While news reports do not mention whether the suspect was armed, Michigan unarmed robbery attorneys know that even when an individual is not armed, he or she will face serious criminal penalties if convicted. Attempting to obtain money or property without permission and using fear or intimidation to obtain that property will subject the accused to up to 15 years in prison according to Michigan Penal Code 750.530. If an individual does possess a gun or firearm in the commission of a bank robbery or even suggests the presence of a weapon, he or she may face up to life in prison.

March 19, 2013

Four Suspects in Cadillac-area Home Invasion Identified; One Suspect Charged with Attempted Murder

by Scott Grabel

On Saturday, March 16 two men and two women allegedly attempted to rob a 55-year-old man in his Cedar Creek Township home in Wexford County. During the attempted robbery, three people assaulted the man, one with a gun. He was shot in the leg by one of the suspects, who now faces a charge of attempted murder among other charges.

The victim’s name has not been released in news reports, however he was able to escape and reportedly ran to a neighbor’s home. The man apparently struggled with the suspect who had the pistol; he was taken by emergency crews who were summoned to the scene to Munson Medical Center, where he was admitted. The victim, who said he was “familiar” with his assailants, gave police information which led to their arrest.

The four individuals arrested include Robert Smith, Derek White, and Sara and Kari Ostrander. Smith has been charged with attempted murder, assault with intent to rob while armed, felonious use of a firearm, armed robbery, first-degree home invasion, and conspiracy to commit armed robbery. The other three suspects are charged with conspiracy to commit armed robbery, conspiracy to commit first-degree home invasion, and accessory after the fact. A news report at Mlive.com states that all of the suspects live in the Manton area. No motive was given regarding why the victim was allegedly attacked.

Michigan attempted murder attorneys understand that this offense, also referred to as assault with intent to murder, carries severe penalties for those convicted. Michigan Penal Code 750.83 states that individuals convicted of this felony criminal offense may spend any number of years to life in prison. Armed robbery charges are very serious as well; penalties for this offense can leave someone who is convicted facing life in prison as well, depending on the circumstances.

March 19, 2013

West Bloomfield Township Grandma’s Fate in Jurors’ Hands Following Charge of Open Murder in Death of Grandson

by Scott Grabel

In May of 2012, 17-year-old Jonathan Hoffman was allegedly shot several times and killed by his grandmother, 75-year-old Sandra Layne. After being charged with open murder, Layne is now awaiting her fate as jurors deliberate.

Layne allegedly shot Hoffman, putting six bullets in her grandson as the two argued. According to Layne, her grandson used drugs and was prone to violent outbursts. A news article at Detroit News states that on the day of Hoffman’s death, he became violent and agitated after failing a drug test ordered by the court. 911 recordings were playing in court on Monday March 18; on the recordings, Hoffman is heard begging for help and telling a dispatcher that he had been shot by his grandmother. Jurors also heard Hoffman cry out during the call that he had been shot again, and a voice shouting “let go” as they listened to what appeared to be a struggle.

Oakland County chief assistant prosecutor Paul Walton told jurors during closing arguments that Layne was a murderer who “hunted down” her grandson in her condominium and killed him, “because he wouldn’t listen to her.”

Layne’s attorney, Jerome Sabbota, described Layne as a dutiful grandmother who was afraid of her grandson, because of his violent temper and drug use. He alleges that Layne shot her grandson out of self-defense and fear; Layne does not deny shooting her grandson, who lived with her after his parents divorced and were living in Phoenix during his senior year in high school.

On the day in question, Hoffman was allegedly extremely angry as he rode with his grandmother after failing a drug test and testing positive for synthetic marijuana, which could have triggered a violation of his probation. Layne testified that her grandson was demanding the car keys and kicking the dashboard. She also told the court that after she shot her grandson, she ran to hide in the basement, then came out and shot him again as a struggle ensued.

Judge Denise Langford Morris told jurors that Layne may be convicted of first- or second-degree murder, or voluntary/involuntary manslaughter, but that jurors must first consider the charge of first-degree premeditated murder. Ultimately, depending on the decision of jurors Layne could face anywhere from one year in prison to life without parole.

Michigan murder defense attorneys realize that there are instances in which an individual kills someone out of fear or self-defense, as seems to be the case in this situation. When drugs are involved, circumstances can become highly volatile. Regardless of the situation, it is critical that those accused consult with an attorney immediately.

March 6, 2013

String of Strong Armed Robberies Leads to Arrest of Five Suspects in East Lansing

by Scott Grabel

A string of strong armed robberies that occurred on Sunday February 17 between the hours of 1:30 a.m. and 3 a.m. have led to the arrest of five individuals, one of them a juvenile. The robberies took placed in Cedar Village and the Valley Neighborhood according to a news report at MLive.com.

The five suspects were arrested by East Lansing Police on March 1. The juvenile was not named, but the adults suspected in the robberies include 17-year-old Davion Dashawn Scott, 17-year-old Dallas Ledesma Benitez, 18-year-old Nicholas Marlon Jackson, and 18-year-old Rodricus Delmere McDuffy. All four of the men are from the Lansing area.

According to Lt. Scott Wriggelsworth, the five suspects were in a vehicle and would approach individuals walking on the streets, asking for directions or change. Upon the victim stopping, the men would then “strong arm” or assault the individual, then steal his or her possessions.

The suspects were stopped a short time later at the Linden-Bailey intersection after police were given descriptions of the suspects and their vehicle. According to Lt. Wriggelsworth, there were eight victims all total and five robberies at various locations; a few of the victims were said to have suffered minor injuries.

The suspects were arrested following the robberies, but were released after processing for further investigation. The four adults were formally charged on March 1, each charged with five counts of unarmed robbery, one count of home invasion, one count of conspiracy and one count of assault with intent to rob.

Unarmed robbery is a serious criminal offense. Michigan unarmed robbery attorneys understand the harsh criminal penalties individuals face if convicted, and the urgency in hiring an experienced lawyer to protect against those penalties.

February 20, 2013

Ypsilanti’s Wolverine Grill Target of Burglary

by Scott Grabel

On Tuesday, February 19, the Wolverine Grill in downtown Ypsilanti was broken into; a laptop computer and printer were stolen from the popular restaurant. At the time of news reports at AnnArbor.com, police did not know who committed the crime. Sgt. Dennis Szymankiewicz of the Ypsilanti police said that while they did not know who broke into the establishment located in the 200 block of West Michigan Avenue, the two glass doors which enter the business were smashed.

Kevin Hill, owner of the business, said that the burglary came as a surprise, and that it was the first for the Wolverine Grill, which has been in business for nearly half a century. Hill believed that whoever stole the laptop and printer knew what they were after, as the cash register was not bothered (although it had no cash in it at the time). He also reported that there was no damage to the building other than the smashed glass doors. Although he normally takes the laptop home with him in the evenings, Hill said he did not on Monday evening because he knew he would not need it.

Hill reported that he was involved in a conversation with someone just days before the burglary, and that the conversation was in regards to the lack of break-ins on Michigan Avenue recently. Hill said in news reports that it was “ironic” that the break-in would happen to his establishment just days after the conversation. He is a member of both the Downtown Association of Ypsilanti’s board of directors and the Ypsilanti Downtown Development Authority.

Michigan breaking and entering attorneys understand that while breaking into an establishment in itself is a misdemeanor offense, it is what happens afterward that can lead to serious criminal charges. For instance, an individual who breaks and enters with intent to steal money or property may face up to 10 years in prison if convicted. Penalties may be more severe depending on whether the individual who allegedly committed the crime has a prior criminal record.