Criminal Defense Overview

January 24, 2014

Two Men Facing Life in Prison Following Ypsilanti Carjacking and Robbery

Two men are potentially facing life in prison in connection with robbing and carjacking an Ypsilanti man on Tuesday morning, according to news reports at Mlive.com. 25-year-old Quintez Gardner of Ann Arbor, and 23-year-old Cameron Hall of Ypsilanti Township have been charged in the incident involving a 29-year-old Ypsilanti man who gave the suspects a ride.

The incident occurred around 1:30 a.m. on Tuesday January 22 in the area of Michigan Avenue and South Mansfield Street. Police claim that the 29-year-old victim who was driving a 2013 Chevrolet Impala did not know the three men he stopped to give a ride to. The third man has not been identified. The driver of the Impala picked Gardner, Hall, and the unidentified man up near Michigan Avenue and Ballard; upon arriving at South Mansfield Street, the suspects attacked the driver according to police.

Ypsilanti police Detective Sgt. Tom Eberts stated that the victim was punched and pulled out of the car. The suspects allegedly stole the man’s shoes, car, cellphone, and wallet. The three suspects left with the victim’s Impala, leaving him on the side of the road. According to Eberts, the victim suffered frostbite as he was forced to walk to the police station without shoes.

A few hours after the incident, the suspects were stopped on Interstate 94 in Ypsilanti Township while driving a different vehicle. The suspect’s Impala was recovered later in Ypsilanti in the 700 block of Arbor Drive.

Gardner and Hall are held on a $50,000 cash bond, and are scheduled for a preliminary examination on February 4.

Carjacking is a criminal offense which is punished severely in the state of Michigan; in fact, those convicted may be sentenced to a term of life in prison. According to Michigan Penal Code Section 750.529a, a person who threatens or forces an individual who is in lawful possession of his or her vehicle or even threatens force or violence may be found guilty of carjacking.

January 23, 2014

Roseville Man Faces Four Years in Prison After Pulling Gun on Paramedics

by Scott Grabel

On Friday January 17, 50-year-old Steven DeKane of Roseville allegedly aimed a .25-caliber handgun at paramedics who had arrived at his apartment to help him; DeKane was said to have been intoxicated, according to news reports at Mlive.com.

Paramedics arrived at DeKane’s apartment, located in the 30000 block of Sandhurst at approximately 11:30 a.m. His sister had contacted authorities after DeKane called her, telling her that he had fallen and was injured. When paramedics arrived at the scene the door was closed and they could get no answer after repeatedly trying to get someone inside to come to the door, which was not locked. Paramedics entered the apartment after announcing their presence and were met with a “highly” intoxicated DeKane, who they allege pointed the handgun at them and just stared as they tried to communicate with him.

Police were called by paramedics after they retreated from the apartment. Upon their arrival, DeKane was said to be uncooperative even though police had convinced him to put down the gun. A release issued by police stated that the suspect had to be forcibly taken into custody. As of the time of news reports, DeKane was in custody pending payment of a $7,500 bond.

He has been charged with brandishing a firearm and assault with a dangerous weapon.

In Michigan, assault with a dangerous weapon (felonious assault) is a very serious criminal charge. While DeKane no doubt regrets his actions now and the fact that his high level of intoxication likely led to the altercation, it is extremely serious when an individual pulls a gun on medical personnel. If DeKane pleads not guilty to the charges and goes to trial, prosecutors will be vigorous in their efforts to convict him. If convicted, the criminal penalties include fines of up to $2,000 and up to four years in prison according to Michigan Penal Code 750.82.

January 15, 2014

22-year-old Westland Man Faces Multiple Criminal Charges Following Road Rage Incident

by Scott Grabel

On Sunday January 12, an incident that police are calling “road rage” led to the firing of a gun from a man riding a motorcycle into an SUV, according to news reports at Mlive.com. Now, 22-year-old Steven Lavigne is facing charges of attempted murder and more after the bullet nearly struck a child riding in the SUV.

Lavigne allegedly began chasing the Chevrolet Trailblazer following a traffic altercation. Inside the SUV were a man and his two children, ages 7 and 10. Lavigne followed the SUV on his motorcycle for nearly two miles, then pulled up next to it and fired into the rear section, nearly striking one of the children. Lavigne has a concealed pistol license according to Westland Police Lt. Todd Adams. He then fled the scene, but called police at the same time the SUV driver flagged down a police officer.

The defendant is now charged with three counts each of assault with intent to do great bodily harm less than murder, assault with intent to murder, assault with a dangerous weapon, and single counts of felonious use of a firearm and discharging a weapon from a vehicle.

Assault with intent to commit murder and assault with intent to do great bodily harm less than murder are both extremely serious charges. Those convicted of assault with intent to commit murder face criminal penalties including a maximum of life in prison according to the Michigan Penal Code 750.83. In many cases when evidence against a defendant is overwhelming, he or she may be given an opportunity by prosecutors to plead guilty or no contest to the charges, thereby reducing charges and penalties.

December 30, 2013

How to Party Smart on New Years

by Scott Grabel

Just a day away from New Year’s Eve, people all over the nation are excited about ringing in a new year, and partying the night away. New Year’s Eve should be a fun-filled occasion, a time when you can let loose and enjoy yourself knowing you will have New Year’s Day off to recuperate. Still, it’s never a good idea to let your guard down too much!

Stay safe for New Year’s 2014 and avoid potentially finding yourself in jail by following these tips:

Go out with a group of friends. There is safety in numbers, so if you’re going to a club or New Year’s Eve ball, do it with friends.

Never drive after having a few drinks. The fact is on New Year’s Eve, most people have more than a drink or two. Choose a designated driver, or call a cab if no one is willing to stay sober. Don’t take a chance – drunk driving could leave you in jail facing DUI charges, or even worse, injured or dead.

Women, keep your drink under a watchful eye. There are unscrupulous men who may try to take advantage of you by putting something in your drink. If you even suspect this has happened, toss your drink.

When it’s time to leave the club, leave only with friends you know and trust.

Even if you intend to stay sober, be alert of those around you. Drive as safely as possible, but be very attentive of other motorists who may have had a few drinks. New Year’s Eve comes in second behind July 4th as the deadliest day of the year for drivers in the U.S. Be on guard, and drive defensively.

Enjoy snacks or food along with your drinks. Putting food in your stomach helps absorb some of the alcohol, so you can enjoy the night without becoming overly intoxicated.

Keep your cell phone close by, and have friends’ numbers programmed in. Should a situation at a local bar/club or even a friend’s house get out of control, you need to have your phone close by. Also be sure that your entire group of friends have each other’s numbers in case you get separated during the evening.

Hosting a party in your own home? Provide a designated driver, invite guests to spend the night if they have imbibed a bit too much, and offer non-alcoholic beverage options. It is also a good idea to set a time when you will stop offering alcohol so that guests have a few hours to sober up before the celebration comes to an end.

December 10, 2013

Duo in Week-long July Robbery Spree Forego Trial, Choose to Plead Guilty Instead

by Scott Grabel

In a week-long crime spree that occurred the same week a Bonnie and Clyde TV miniseries aired, two people decided to accept a plea deal rather than face trial. 29-year-old Codie Vargas-Alegre and 38-year-old Juan Mario Hernandez-Correa recently pleaded guilty in Kent County Circuit Court in connection with the armed robberies of four retailers over a week-long time span in July.

Hernandez-Correa and Vargas-Alegre both pleaded guilty to two counts of armed robbery which took place in the Wyoming vicinity between July 11 and 19, according to a news article at Mlive.com. Vargas-Alegre allegedly used pepper spray, a knife, and implied she had a gun in order to threaten store employees and customers while robbing area gas stations and convenience stores. Hernandez-Correa drove the getaway car, according to Wyoming Police. Two charges of armed robbery were dropped in exchange for the defendants’ guilty pleas.

In all, the two allegedly robbed two Dollar General stores, one located at 919 36th St. SW, the other at 1055 Burton St. SW, a CVS Pharmacy located at 5603 Byron Center Ave., and a Cash Advance store located at 1044 28th St. SW. Both of the defendants face a maximum of life in prison when sentenced. Hernandez-Correa is scheduled for sentencing on January 8; Vargas-Alegre is scheduled for sentencing on January 22.

Michigan criminal defense attorneys know that in cases where a defendant agrees to a plea deal offered by prosecutors, punishment is often reduced in exchange. For example, Hernandez-Correa was originally offered a plea deal in October which would have left him facing a maximum of 15 years in prison; however, he declined this offer.

December 6, 2013

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

by Scott Grabel

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 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.

November 27, 2013

Black Friday Safety Tips for Michigan Shoppers

by Scott Grabel

Black Friday is an exciting and much-anticipated day for Michigan shoppers who cannot wait to get their hands on those great deals that only roll around once each year. If you have been through it before, you know how frenzied it can be; people lined up outside the door, even around the block to make sure they get their hands on those unbelievable bargains. It can be fun, exciting, even stressful if you don’t really enjoy the crowded atmosphere – but it can also be dangerous.

Unfortunately, Black Friday is the day many thieves and pick pockets choose as their best opportunity of the year to make a few “hauls” of their own. Here are a few tips to help ensure both yourself and your purchases make it safely home on Black Friday 2013:

Take steps to ensure you’re not the victim of a pickpocket. Wear your purse across your body so it cannot be easily removed, or better yet, leave it at home. Considering carrying your wallet in a pants pocket or inside coat pocket.
Don’t purchase more than you can carry. If you intend to buy out the store, take a friend or family member along who can help you carry your purchases to the car, or ask an employee for help.
Park as close as possible to the entrance of the store; at night, park under a light if possible. Always have your keys in your hand when walking to or from your car.
Before entering your car, take a close look around it and peer inside (particularly the back seat) before getting in.
Never place your purchases where they are visible through the windows of your vehicle, such as in the back seat. Put them inside the trunk for safe keeping.
Be safe at the check-out by leaving your credit card or checkbook in your purse/wallet until the cashier asks for it. Would-be criminals would like nothing better than to look over your shoulder and get account information!
Make sure your cell phone is fully charged, turned on, and easily accessible. Keep it close to your body so that if you’re in a noisy crowd you can feel it vibrate. If shopping with a group of people who will meet up later, make sure everyone has all of the others’ phone numbers programmed into their phones.
Decide on a specific place to meet at a designated time if shopping with a group.

Shopping online this Black Friday? You still need to be safe. Shop only with companies you trust and have dealt with before. Save all of the receipts for items you purchase online by printing them out and keeping them together in a file folder. Instead of using your regular credit/debit card, consider a disposable credit card or money order instead.

Black Friday is the biggest day of the year for getting your hands on those unbelievable bargains and Christmas gifts, but be cautious!

November 11, 2013

Witnesses Testify in Case Against 27-year-old Charged with Death of Couple as Result of Drunk Driving

by Scott Grabel

Last month, a couple was involved in a crash in Grand Rapids Township which resulted in their deaths. 20-year-old Andrea Herrera and her boyfriend, 23-year-old Eric Fischer, were killed in a collision involving 27-year-old Joseph Jay Ford, who authorities say was drunk at the time. Last week witnesses to the crash testified at the second probable cause hearing in Kent County District Court.

Those who witnessed the accident include an emergency rescue worker and two individuals who were on their way to work. The accident occurred at approximately 10 p.m. on October 10, according to a news article at Mlive.com.

One of the witnesses, Maurissa Bracken, stated that as she was heading into work she witnessed a car heading north on Patterson. The vehicle ran the stoplight, slamming into the victims’ car which was proceeding through the green left turn signal. Another witness, AeroMed flight nurse Rita Sears, testified that she was riding with co-workers when they came upon the accident. Sears called 911 after seeing two people severely injured inside a Mazda. She also noticed a blood-covered man sitting in the grass nearby, who she said muttered, “Why did they pull out in front of me?” when she went to speak to him. Sears said that she could not identify the man sitting in the grass when asked by prosecutors.

Ford was driving a Charger, which struck the victims’ Mazda and caused the vehicle to be shoved into a semi-truck in the eastbound lane as it was attempting to make a left turn onto Patterson Road. Ford admitted that he was drinking prior to the crash according to an affidavit in court records.

Doctors determined that Ford was intoxicated at the time of the crash. Initially, Ford’s defense attorney Mark Dodge did not want to question doctors regarding their findings; he had agreed to stipulate to the reports showing his client’s blood tests. On Friday, Dodge decided that he would prefer to hear testimony from the medical personnel in regards to Ford’s blood alcohol level.

Ford is required to wear an electronic tether until his trial for BAC monitoring purposes, and is free on a $50,000 bond.

Michigan criminal defense lawyers know the seriousness of this type of charge. If convicted, Ford could face up to 15 years in prison depending on factors including criminal history. As with any criminal case, prosecutors have the burden of proving the defendant’s guilt.