Criminal Defense Overview

September 10, 2012

West Bloomfield Police Officer Killed After Responding to ‘Shots Fired’ Call

Sunday evening, September 9th, is when one West Bloomfield police officer lost his life after responding to a “shots fired” call at a residence in the 4000 block of Forest Edge Lane in West Bloomfield Township. 39-year-old Patrick O’Rourke was met by gunfire at approximately 10 p.m. After being taken to McLaren Hospital in Pontiac, O’Rourke died. Married and a father of four, O’Rourke was the first police officer to lose his life in the department’s history. Following the shooting, several officers were involved in a standoff with the suspect; for more than 12 hours, gunfire was exchanged as the suspect remained inside a bedroom at the residence.

Police first believed they were heading to the residence to assist a suicidal man; upon their arrival, police called the man’s name, who then began firing shots through the bedroom door and walls, according to West Bloomfield Township Police Lt. Timothy Diamond. Diamond stated in news reports that the officers were somewhat ambushed after calling out to the suspect to ask if he needed help.

As of Monday morning, it is believed that the suspected gunman remains inside the home; some residents of Forest Edge Lane have been evacuated. News reports state that police believe he remains in the residence, and has fired at least 50 gunshots throughout the ordeal. Police also suspect that the gunman possesses an Uzi submachine gun among other weapons. Township officials intend to send in an armored vehicle in the hopes it will put an end to the tragic standoff.

O’Rourke, the officer who was fatally shot, became an officer in 2000 and was described as “a model police officer and a good family man.” According to Diamond, neighboring police departments have shown up to assist with the situation, and the Oakland County Sheriff’s Office SWAT team is taking over the scene. Police are still investigating the shooter’s background and so far have no motive for the shooting saying that they do not know what set the suspect off.

While there are a lot of questions still to be answered in this unfortunate situation, Michigan criminal defense lawyers know that until proven guilty beyond a reasonable doubt, those suspected of a criminal offense are innocent.

August 27, 2012

Van Buren Township Family Found Dead Upon Attempted Notification of Death of Michael VanDerLinden

by Scott Grabel

A Van Buren Township man, Michael VanDerLinden, died in a fiery crash in Indiana on August 16th. When police went to his residence in an attempt to notify his family, they were found dead. VanDerLinden was involved in a car crash after he entered Interstate 94 in northwestern Indiana and drove east in westbound lanes, causing a deadly head-on crash. The driver of the other vehicle, 45-year-old Juan Nelson Jr., was killed also.

Van Buren Township police went to VanDerLinden’s suburban Detroit home to notify his wife and family later that same day, but got no answer at the door, which was standing ajar. Upon entering the home, VanDerLinden’s wife and two young sons dead inside. Linda VanDerLinden and her sons, 4-year-old Matthew and 7-year-old Julien, had been stabbed multiple times with a butcher knife. Reports also stated that Linda had been strangled.

Michael VanDerLinden was 39 years old; police were speculating after discovering the bodies of his family members on whether he may have killed them, then committed suicide by driving in the wrong direction and in the process taking an innocent man’s life. In November of 2011 firefighters were called to the residence after what may have been a suicide attempt when Michael VanDerLinden had taken some pills.

Captain Gregory Laurain of the Van Buren Township police stated that VanDerLinden not only drove the wrong way on the interstate, but had his headlights turned off as well, even though it was approximately 1:30 a.m. when the accident occurred.

Witness statements taken by police indicated that there had been strain and alleged abuse in the marriage. Laurain said that a former coworker and neighbor of Linda VanDerLinden stated that she had mentioned strain in the marriage, but had not clarified whether the abuse was verbal or physical. Even though the entire family died, police were continuing to investigate the murders of Linda VanDerLinden and her two sons.

Michigan criminal defense lawyers know that in this sad and unfortunate case, police may never know if Michael VanDerLinden did in fact murder his family.

July 30, 2012

Detroit Third District Court Judge Believes Convicted Felons Deserve a Second Chance

by Scott Grabel

On Wednesday evening, July 25th, New Galilee Baptist Church in Detroit was the site of an expungement and federal pardon seminar hosted by Third District Court Judge Deborah Thomas and others. The seminar was designed to help the thousands of convicted felons in the Detroit area with having their records expunged, essentially giving them a “clean slate.”

Michigan criminal defense lawyers know the negative impact of a criminal record on individuals lives. Those who have been convicted of even a single felony offense often carry a stigma with them for life, making it difficult to secure employment or federal housing aid. Many cannot open their own business or carry a gun. In short, a criminal record can be a life-long burden, impacting lives of those convicted decades after the fact.

Unfortunately, many convicts aren’t aware that they may be able to have their records expunged in some situations. If an individual has received only a single felony and the offense doesn’t carry the possibility of the maximum sentence of life in prison, that individual can file to have his or her record cleared (expunged) five years following the conclusion of the individual’s imprisonment, parole or probation.

Thomas explained at the seminar that convicts can improve the chances of having their criminal record expunged by “giving back” to the community. For instance, those who work to become leaders in the community or who hold down a steady job and work to reform their lives are more likely to have their request granted by a judge.

The fact is, many of those convicted on felony charges are young, and their lives are essentially ruined forever. Many of these individuals end up living with grandparents, and although they may have a skill, they cannot find employment because of a criminal record. Currently, individuals who are convicted on multiple charges during a single incident are not eligible to have their records expunged. Thomas would like to see that change.

July 17, 2012

Ohio Man Faces Murder and Assault Charges in Deaths of Two Michigan Sisters

by Scott Grabel

A shooting that occurred on Friday evening, July 13th, left two sisters dead and their mother wounded. Now, 38-year-old Ohio resident Thomas Fritz faces charges of assault and murder once he is apprehended. The shooting took place in Blissfield in southeast Michigan. Fritz allegedly shot his ex-girlfriend, her sister and her mother.

The victims were identified as Lisa Gritzmaker, 24, Amy Merrill, 33, and Robin Lynn McCowan, 52. One of the victims made a 911 call which led police to a home where the women were found. As of this writing, police were still in pursuit of Fritz, who is thought to be driving a burgundy colored Honda four-door vehicle. He is considered by police to be armed and dangerous.

Fritz is a registered sex offender, convicted in April 2006 on one count of sexual battery for which he was sentenced to one year in state prison. According to Michigan State Police Lt. Sean Furlong, the relationship between Amy Merrill and Fritz had ended within the three weeks prior to the murders.

An annual summer festival held in the small farming community of Blissfield had just come to an end when authorities received the 911 call. While living in Michigan with Amy Merrill, Fritz had used a different name according to police, which was likely due to his Ohio probation.

Murder is an extremely serious criminal offense, one that results in severe punishment when the accused is convicted. It is critical that those charged with murder consult with an aggressive Michigan criminal defense lawyer right away to discuss the most effective plan of action.

April 8, 2012

Trial Court Error In Arson Case Not Considered An Acquittal In Michigan v. Evans

by Scott Grabel

A recent 6th Circuit Court of Appeals case evaluated what an “acquittal” means for purposes of double jeopardy. Double jeopardy is the legal concept that means you can’t be tried twice on the same charges. This means a prosecutor is forbidden from being a second lawsuit against a defendant after he or she has been convicted or acquitted of a particular charge.

In Michigan v. Evans, the defendant Lamar Evans was accused of burning a vacant house pursuant to MCL 750.73, Michigan’s arson statute, which provides:

“Any person who willfully of maliciously burns any building or other real property, or the contents thereof … shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years.”

If you have been charged with arson or any other Michigan criminal offense, consulting with an experienced Michigan criminal defense law firm is important to protect your rights and begin preparing your defense.

At trial, the court erroneously told the prosecution that in order to prove Evans’ guilt, it had to show that the burned house was not a dwelling. Because the prosecution failed to provide this evidence, the court granted a directed verdict for the defendant and entered an acquittal dismissing the case.

In Michigan, arson is defined as the deliberate burning of a house or building and the law distinguishes among:

• Arson involving houses;
• Arson involving “other real property”; and
• Arson involving personal property.

Despite the distinction, it is not necessary to show where the alleged crime involves “other real property” that the building was not a dwelling.