Criminal Defense Overview

February 19, 2013

Ann Arbor Man Pleads Guilty to Two Counts of Unarmed Robbery

On January 11 of this year, the Check-N Go located at 1912 W. Stadium Blvd. was robbed by an armed gunman. James Romell Robinson, a 23-year-old Ann Arbor man, has pleaded guilty to two counts of unarmed robbery; he was initially charged with two counts of unarmed robbery and two counts of armed robbery. The armed robbery counts against him will be dropped in exchange for his guilty plea, according to news reports at AnnArbor.com.

Robinson went into the Check-N Go at approximately 1 p.m. that day, passing a note to a clerk which implied that he had a weapon. Before leaving with the cash given to him by the clerk, Robinson allegedly demanded all of the employees lay down on the floor.

Police were in search of Robinson for a time; Detective William Stanford described Robinson as “armed and dangerous,” and asked anyone with information to call the department or Crime Stoppers. Robinson turned himself in on February 4 after a warrant was approved for his arrest on February 1.

Robinson attended his first court hearing following his February 5 arraignment on Thursday, February 14; he is currently being held on a $25,000 cash bond at the Washtenaw County Jail while he awaits sentencing.

The maximum penalty for unarmed robbery is 15 years in prison.

Michigan unarmed robbery attorneys know that had the defendant in this case not pleaded guilty to unarmed robbery, he could have faced even harsher penalties. In Michigan, even if an individual has no weapon but implies that he/she is armed in an effort to intimidate the victim, that individual may face penalties for armed robbery, potentially being imprisoned for life.

February 15, 2013

Flint Man to Stand Trial in Lansing on Charges of Open Murder in Death of Swartz Creek Woman

by Scott Grabel

In December of 2012, 19-year-old Derrick Martin allegedly killed 22-year-old Schnee Hyon Sin, a Schwartz Creek resident. Martin’s cousin, Devin Allen Scott Wilson, believed that Martin was taking him to eat breakfast at McDonald’s; instead, Martin took him to see the body of Sin, who he said he had hurt according to Wilson’s testimony in Lansing District Court on Friday February 8. Martin has been charged with open murder, felony firearm, and possession of a firearm by a felon.

On December 8, the victim’s body was found near Crego Park in the Red Cedar River. While it was not known if Martin and Sin had any kind of relationship, authorities said Sin died of a gunshot wound. Wilson testified that his cousin had shown him a gun which matched the description authorities gave of the weapon involved in the crime. Initially, Wilson did not tell authorities that he had seen the gun, saying he was scared of the situation and that he had a panic attack.

Kyle Oben, a 21-year-old Flint resident and friend of Martin’s, said that the two hung out together playing video games and smoking marijuana in the early morning hours the day of the murder. Oben also said that Martin showed him a gun matching the murder weapon’s description; he also testified that he took the gun out from under a pillow while Martin was asleep, because “something didn’t feel right.” Later, Oben and Martin had an altercation that ended in gunfire, although news reports do not state that either was injured.

Oben said at the hearing, “I wouldn’t call us friends – he used to get me in trouble.” Scott Mertens, Martin’s defense attorney, said that Oben and Wilson both made statements during testimony that did not match what they had initially told police, and that he believed both Wilson’s cousin and friend were “flat-out lying.” Martin claims he is innocent.

February 15, 2013

Michigan State Trooper Shot While in Pursuit of Suspected Armed Robbers, Expected to Recover

by Scott Grabel

On Monday February 11, a 12-year veteran of the Michigan State Police was shot in the leg while in pursuit of individuals suspected in armed robberies which have occurred on Detroit’s east side recently. The trooper, who was unnamed in news reports, was taken to an area hospital where he is expected to fully recover, according to Lt. Mike Shaw.

Many homes in the Detroit area are vacant, presenting a real danger as troopers searched the area in pursuit of two suspects who had fled following a traffic stop. The suspects were wanted in connection with several armed robberies which had occurred over the weekend. According to news reports at the Detroit Free Press, the suspects were impersonating police during the commission of the robberies.

Lt. Shaw told news sources that Michigan State Police officers were alerted by Detroit police investigators to stop a vehicle which was suspected in connection with the robberies. M.S.P. stopped the vehicle in the area of Townsend and Gratiot just before 4 a.m. Upon the stop, four suspects fled on foot down Townsend, leaving police searching the abandoned homes in the area to locate the suspects. This is when the shooting occurred, leaving the trooper with a leg injury.

Two suspects were arrested immediately following the shooting, however the other two suspects had not been located at the time news reports were released.

Michigan armed robbery attorneys understand the serious consequences individuals who are convicted of armed robbery face. At a minimum, you will face two years in prison; however, when force or violence is used, property or money stolen and a weapon is present or even insinuated, you may spend 15 years to life behind bars. The additional crime of shooting a police officer will no doubt result in even harsher penalties if the suspects in this incident are convicted of the crimes they are accused of.

February 12, 2013

Retrial Postponed for Superior Township Man Accused of Scalding 3-year-old Boy in Bathtub

by Scott Grabel

Harvey Wince, a 22-year-old Superior Township man who was charged with first-degree child abuse and torture for a March 2012 incident, was scheduled for retrial after the jury was unable to reach a verdict in his November 2012 trial. The retrial has been postponed until March 18 so that James Fifelski, Wince’s defense lawyer, can have additional time to review transcripts from the November trial. Judge Darlene O’Brien agreed to the postponement.

At the time of the alleged crime, Wince was 21 years old. Wince is accused of placing a boy who was 3 years old at the time in a bathtub of scalding water so hot that some of the victim’s skin came off. Wince was babysitting the boy at the time the alleged crime took place; news reports at AnnArbor.com state that the 3-year-old boy suffered bite marks to his arm, bruising, and first-, second-, and third-degree burns on more than 20% of his body. The boy and his mother lived nearby Wince’s MacArthur Boulevard and Superior Township townhouse when she dropped her son off at his home on March 31. The alleged victim and his mother’s names were not released in news reports.

Wince’s bond was set at $50,000, which Judge Melinda Morris ruled to keep after Fifelski requested that she lower it to 10% of $5,000. The judge declined to lower bond after Blake Hatlem, Assistant Washtenaw County Prosecutor argued to keep the original bond because of the severity of the charges, and the likelihood of a conviction.

The mother of the boy had Wince baby sit while she was away at work. She testified that when she returned from work at about 4:30 p.m., the boy was fine. She left her son with Wince again the same evening while she went to check on her father, who lived in Ypsilanti. When she called Wince a few hours later to check on her son, she said that he told her that the little boy had gotten into a spat with two other toddlers while playing outdoors, that he had vomited, and that he had given him a bath. Court records also state that Wince told the boy’s mother that his skin was red. The boy’s mother said that upon returning to Wince’s home, she noticed that her son was burned, and that some of his skin was gone, which Wince had swept up and thrown in the garbage.

Wince said that the boy must have turned the hot water on himself after Wince had left the boy in what he described as “lukewarm” water to play a video game in the living room. Fifelski stated that he will vigorously defend his client, and that he believes they have a “very strong” defense.

These types of charges are extremely serious; Michigan child abuse defense attorneys know that if convicted on a charge of first-degree child abuse, individuals may face up to 15 years in prison.

February 6, 2013

24-year-old DeWitt Man Linked to Multiple East Lansing Home Invasions

by Scott Grabel

Zachary Jacob Vaughn, a 24-year-old DeWitt man, was recently charged in a string of home invasion incidents in the East Lansing area which took place between January 11 and January 17, according to the Lansing State Journal. Most of the alleged crimes occurred in the Bailey neighborhood.

Vaughn is believed to have committed nearly a dozen home invasions in the area recently. On January 17, East Lansing police were dispatched following a report of a home invasion in progress in the 900 block of Roxburgh Avenue. Upon their arrival, Vaughn allegedly fled on foot, resulting in a brief chase by officers who apprehended and then arrested him.

Police state they have linked Vaughn to at least nine home invasions after investigating, although it is believed he was involved in more. Vaughn currently faces three felony counts of home invasion following his arraignment in East Lansing District Court; news reports claim that there are five additional counts pending against him, all related to home invasion. Vaughn also faces a charge of felony receiving and concealing stolen property in Eaton County.

Michigan criminal defense attorneys know that the penalties an individual may face if convicted on charges of home invasion often depend on whether the charge was first-degree, second-degree, or third-degree, and whether the individual has a prior criminal record. If convicted on a charge of first-degree home invasion, and individual may face fines of up to $5,000 and up to 20 years in prison. A conviction for third-degree home invasion could potentially leave you facing fines of up to $2,000 and up to five years in prison.

February 5, 2013

Brothers: One Found Guilty, One Takes Plea Deal on Multiple Felony Charges

by Scott Grabel

Two brothers were accused of abducting and shooting a man in Superior Township in September after forcing the man to get into a car in Ypsilanti at gunpoint, then shooting him several times in a rural area. The alleged victim, Julien Butler, testified that the brothers, 23-year-old Clinton Desir and 26-year-old Allan Tomlinson , abducted and shot him.

Butler testified in court in September that Tomlinson and Desir picked him up at the Lucky Two Party Store on the afternoon of August 10, 2012 and ordered him into a vehicle at gunpoint. Butler had allegedly raped the mother of Desir’s child, although he denied it. Butler said that he told the two men she way lying about the sexual assault.

Now, Tomlinson has been found guilty by a jury of multiple felony charges, while Desir pleaded no contest on January 28 to numerous charges, including conspiracy to commit unlawful imprisonment, carrying a concealed weapon, and assault with intent to murder.

Tomlinson was convicted on several charges as well, including two counts of assault with intent to commit great bodily harm, two counts of assault with a dangerous weapon, two counts of unlawful imprisonment and being a felon in possession of a firearm. Both Tomlinson and Desir are scheduled to be sentenced on February 26.

In all, the victim suffered 13 wounds which resulted in severe injuries to his thigh, buttocks, testicles and hip. The two brothers remain incarcerated in the Washtenaw County Jail while awaiting sentencing.

While Desir may receive lighter sentencing due to the fact he pleaded no contest, Michigan criminal defense attorneys know that those charged with multiple crimes often face years in prison, potentially decades. Even on one charge alone, such as assault with intent to commit murder, an individual may face any number of years or even life behind bars. The crimes allegedly committed by these two men are extremely serious, and when combined, could leave them spending the majority of their lives in prison.

January 3, 2013

Lansing Convenience Store Scene of Holiday Shooting Resulting in 1 Death and 4 Injuries

by Scott Grabel

On New Year’s day, a Lansing north side convenience store was where a shooting took place that resulted in one death and four injuries. The shooting occurred at approximately 2 a.m. at the Save On Market located at 736 West Willow Street.

Walter Brown, a neighbor living next to what many refer to as a “party” store, said that he had warned police that something like this would happen on countless occasions. Brown is president of the Knollwood Willow Neighborhood Association. He told reporters that the owners of the convenience store had promised to close the store at midnight, and that had they carried through with the promise, the shooting would not have happened.

Brown maintains that loiterers, drug pushers and other people who are up to no good congregate at the store. He said that on the morning of the shooting, he heard at least 30 shots fired.

County Prosecutor Stuart Dunnings III said he could not confirm either the number of weapons involved in the shooting, or how many shots were fired. On Tuesday a 20-year-old suspect was arrested by Lansing police, but it had not yet been determined what the suspect would be charged with.

Police released very little information pending the notification of the victims’ families, but said only that they ranged in age from 22 to 25. Details regarding the victim who was killed were not released.

An update to the story revealed that three of the victims sustained serious injuries, and one had injuries which were not life-threatening. The four were taken to a local hospital.

Police said that it appeared that a fight began inside the convenience store and then spilled outside. Employees would not comment on the shooting incident.

Michigan criminal defense attorneys know that the alleged shooter in this incident could face numerous criminal charges, possibly including murder. Without skilled legal representation, a conviction may mean substantial prison time, possibly even life behind bars.

December 27, 2012

Detroit Father Faces Felony Charges After Allegedly Shooting Son

by Scott Grabel

According to Detroit police, an argument led to a shooting of a 22-year-old man by his 46-year-old father. Roger Scott Sr. is accused of shooting his son on December 22 at a residence in the 11400 block of Ashton in Detroit. He was arraigned on charges of assault with intent to commit great bodily harm, felony firearms and assault with intent to murder on Christmas day.

New reports claim that Scott and his son got into a verbal altercation, with the situation ending in gunfire. Police recovered the alleged weapon at the scene. Scott’s son was taken to an area hospital where he was said to be in critical condition.

Scott is scheduled to appear on January 8th for an exam conference. His bond was set at 10% of $75,000. Chester Logan, Detroit’s interim Police Chief, told news reporters that the situation was “just another senseless case of violence.” Logan urged families and friends who have disputes to find alternative methods other than resorting to violence to handle their disagreements.

Accusations of attempted murder or assault with intent to commit murder are extremely serious. Michigan criminal defense attorneys know how critical it is that individuals arrested for these types of violent crimes seek the support and legal guidance of a capable lawyer. There are a number of defenses which can be effective when used on behalf of a defendant. It may have been an accident; however, every individual is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

December 24, 2012

Rash of Ann Arbor Home Invasions; Liquor, Electronics Among Items Reported Stolen

by Scott Grabel

In recent weeks, a number of homes in the Ann Arbor area have been broken into; in fact, last Thursday there were reports of three home invasions in the city, resulting in the theft of a PlayStation, television and GPS. A laptop computer, shoes, and liquor were among other items stolen from the homes.

Lt. Renee Bush of the Ann Arbor Police Department reported that one of the break-ins took place between December 11 and December 20 at a home where two men live. When they arrived at the residence located in the 2300 block of Leslie Park Circle, they found the television, GPS, liquor and other items missing.

Another home invasion occurred on Thursday in the 3000 block of Stone School Road according to news reports, which stated this break-in took place between the hours of 9 a.m. and 4:45 p.m.. The 66-year-old woman who lived at the home told police that when she returned home, she found glass that had been broken out of a door, apparently with rocks. A laptop was the only item that was reportedly missing in this incident.

Thursday afternoon a home invasion was reported by a neighbor who told the woman who lived at the home that it had been broken into. According to Bush, the 40-year-old woman’s house had been ransacked after an intruder entered through the front door.

Reports of other attempted home invasions have been received by police as well in the Washtenaw Avenue area. After a woman who lives in the area reported that an individual was attempting to open doors on homes in her neighborhood, police arrested an Ypsilanti man, although it isn’t clear in news reports if all of the home invasions and attempted break-ins are related.

Michigan home invasion attorneys know that the penalties for those convicted on charges of home invasion are serious. Depending upon whether an individual is convicted for first-, second-, or third-degree home invasion (all felony offenses) the penalties range from up to 5 years in prison and $2,000 fines to up to 20 years in prison and up to $5,000 in fines.

December 19, 2012

Lansing Police in Search of Two Suspects Following Armed Robbery Attempts

by Scott Grabel

Lansing police are in search of two men who they allege attempted to pull off two armed robberies on Monday evening, December 17.

Robert Merritt, public information officer for Lansing police, told news reporters that at approximately 7 p.m. officers were dispatched to the Gray and South Holmes streets area where they spoke with two Lansing teenagers, a 16-year-old female and 17-year-old male. The teens, who were alleged victims in the incident, told police that two men approached them as they were walking in the area at around 6:45 p.m. According to the teens, one of the men demanded drugs and brandished a handgun, although the teens told police they did not have any drugs. The teenagers, who fled on foot, were not injured in the altercation.

The next alleged victim police spoke with was a 57-year-old Lansing man, who said that one of the two men who approached him at about 6:50 asked for a cigarette. One of the suspects then demanded money, and again brandished a weapon. The victim was struck over the head when he told the men he didn’t have any money. He was then kicked repeatedly after falling to the ground, according to Merritt. Nothing was stolen from the alleged victim, and he refused medical treatment for minor injuries inflicted to his head and body.

Police believe the suspects in both cases are the same men. Victims described the men as being approximately 6 feet tall, and between 16 and 18 years in age. The man brandishing the handgun was said to be stocky, and wore dark pants, a dark colored hooded sweatshirt, and ski mask. The second suspect was not wearing a mask, but said to have a thin build and light complexion.

Michigan criminal defense lawyers know that a charge of attempted armed robbery is serious, even when the weapon or gun used is a toy or BB gun. While an individual may face life in prison for armed robbery if convicted, the penalty for this lesser offense will depend on a number of factors, and whether a plea agreement can be negotiated.