Criminal Defense Overview

November 8, 2013

Two Men Who Pleaded Guilty to Breaking and Entering Wyoming High School Get Time Behind Bars

In July, 18-year-old Cullen Shae Johnston and 39-year-old Michael Allen Lanning allegedly broke into Wyoming High School, causing approximately $9,000 in property damage. The two pleaded guilty to breaking and entering and malicious destruction of property.

Police caught the two as they were attempting to crawl out a window, according to a news article at Mlive.com. At about 1:15 a.m. on July 20, police noticed a bicycle leaning against the school building; upon further inspection, they discovered a door to the school had been forced open. Using a tracking dog, police continued to search the school and discovered the two suspects climbing out a window.

During the escapade, the two suspects had thrown papers and books, smashed computers, broken windows, and damaged furniture. In all, the two are said to have caused more than $9,000 damage to the property.

Johnston was sentenced by Kent County Circuit Court Judge Paul Sullivan to one year in county jail; the 18-year-old did not have a previous record. Lanning, a registered sex offender with a criminal record, was sentenced by Judge Sullivan to two to 10 years in prison.

Breaking and entering is a serious criminal offense; the penalties an individual will face if convicted depend largely on what police and prosecutors assume the defendant’s intentions were, or whether the individual committed larceny or a felony offense. When someone forcibly enters a building with the intent to steal property or money, that individual may face up to 10 years in prison if convicted.

You do not have to completely enter a building to be charged with this crime; after breaking (such as forcing a door open, breaking a window), the act of putting an arm through the window qualifies as entering.

November 7, 2013

19-year-old Driver in Saginaw Double Shooting Receives Harsher Sentence than Gunman

by Scott Grabel

This week, 19-year-old Keondre E. Solomon was sentenced to 23 to 40 years in prison for his role in a double shooting on Saginaw’s South Side in October of 2012. Solomon was allegedly driving a vehicle in which the shooter, Samuel L. Jackson, was riding in when he fired into another vehicle the two men had encountered at a Marathon gas station.

Solomon and Jackson were in a white Dodge Charger when they left the gas station, speeding toward a vehicle driven by the victim. As Solomon’s vehicle became even with the vehicle driven by the 24-year-old victim, Jackson began firing a .40-caliber semi-automatic handgun. Eventually the two vehicles struck each other, resulting in the victim’s car leaving the road and crashing into a tree near the Prescott intersection. The victim suffered a broken arm in addition to several gunshot wounds according to a news article at Mlive.com. A 23-year-old passenger in the vehicle suffered a broken leg.

Solomon maintained that he was unaware Jackson had a gun. Jackson, who is 17 years old, was sentenced by Saginaw County Circuit Judge Janet Boes last week, the same judge who sentenced Solomon. She sentenced Jackson to 19 years 7 months to 40 years in prison for two counts of assault with intent to murder and three counts of possessing a firearm during the commission of a felony. Although Solomon drove the car, he was sentenced to about three more years in prison than the shooter.

Paul Fehrman, Saginaw County Assistant Prosecutor, requested that the judge set Solomon’s minimum sentence at the top of Michigan’s sentencing guidelines, claiming that there was no reason not to set the minimum high due to the fact that had Solomon not sped up to pull alongside the victim’s vehicle, the shooting would not have occurred.

Solomon maintained that he had no clue that his passenger (Jackson) had a gun, and that he was only guilty as acting as an accessory after the fact. Solomon and Jackson were both convicted in September by a jury on the assault and firearms charges.

At the September trial, the two men who were in the other vehicle and who were shot at said during testimony that they had no idea why Jackson opened gunfire on them. The two men are 23 and 24 years old.

Regardless of the motivation or what led Solomon and Jackson to act as they did, it is regrettable that two young men who are still teenagers will spend a substantial part of their lives behind bars.

October 31, 2013

2013 Halloween Safety Tips for Michigan Residents

by Scott Grabel

It’s that time again – Halloween. While children (and many adults) enjoy dressing up as their favorite characters or villains and collecting candy, fruit, and other goodies, Halloween is one of the most dangerous holidays of the year. It’s important that parents and children take precautions to make Halloween 2013 a safe, fun holiday.

Here are a few safety tips to help ensure your family stays safe on Thursday:

Keep in mind the dangers aren’t only present once you leave your home. Carving a pumpkin can be particularly dangerous for children. Smaller children should stick to drawing the face, while adults take care of the actual carving. Also, be sure to talk to your children about safety before they go out and about.

Don’t become a pedestrian fatality. According to AAA Michigan, the risk of a pedestrian suffering a fatal accident increases four times on the Halloween holiday. Be sure that both you and your children avoid the streets and stick to walkways; wear costumes that include fluorescent colors, or carry a glow stick or flashlight so motorists can easily see you.

Accompany younger children. Young children should always be accompanied by an adult while trick-or-treating. If teenage children go out on their own, be sure they have a cell phone and watch so they are aware of the time, and can call you or 911 in case of an emergency.

Costumes should be flame retardant. Many people who decorate the exterior of their homes have displays or pumpkins which may have lit candles inside; this increases the risk of a costume coming into close contact catching fire.

Make sure your child’s mask allows for clear visibility. Many masks can make it difficult to see, particularly in regards to peripheral vision. Be sure that your child’s costume (and your own if you dress up) allows for proper vision both straight ahead, and on both sides. Even better, take masks off when walking between houses.

Stick to familiar neighborhoods when trick-or-treating. Given the rate of crime today, many parents stick to familiar neighborhoods when taking the kids trick-or-treating; some even go only to the homes of those they know.

Go through the treats before eating. Any good that are homemade or are not commercially wrapped should be tossed. If anything looks suspicious, don’t eat it! Discourage your children from eating anything given to them without your inspection.

Prevent a potential fire in your home by using LED lights to illuminate pumpkins and other decor. Using candles to light outdoor decorations (and those indoors when sitting in a window close to draperies) can pose a fire hazard. Stick to LED lights to ensure safety.

October 16, 2013

Former U.S. Postal Service Employee Pleads Guilty to Home Invasion After Stalking Female Co-Worker

by Scott Grabel

On Friday October 11, 34-year-old Noah Buist pleaded guilty to one count of felony home invasion in Kalamazoo County Circuit Court. Buist was scheduled to stand trial on Tuesday October 15, but pleaded guilty to the first-degree home invasion charge before Circuit Judge Pamela L. Lightvoet.

Buist, a former U.S. Postal Service employee, allegedly used a GPS tracking device to stalk a former female co-worker, according to a news article at Mlive.com. The defendant reportedly broke in to 28-year-old Laura Bolen’s Texas Township home on April 11 of this year.

Kalamazoo Public Safety Officer John Vandenberg, Bolen’s former boyfriend, testified in court that in the early morning hours of April 11, he and Bolen arrived at her home following a hockey game. Vandenberg testified that after the two went inside the home, Bolen’s dog began running up and down basement stairs while barking. Vandenberg initially thought the dog, named Oreo, was just excited. Vandenberg and Bolen became suspicious after the two noticed there were dog treats in Oreo’s crate, which neither had placed there.

Vandenberg then began searching the home, and eventually found Buist in the basement area in the closet of a rear bedroom. He wrestled Buist to the ground, where he held him until Kalamazoo County sheriff’s deputies arrived. When searched by deputies, it was found that Buist had a flashlight, knife, socket wrench set, ski mask, and GPS device in his pockets. Bolen suspected that the defendant had been following her, and asked deputies to search her car where they found a GPS tracking device.

Investigators said that Buist had attempted to break into Bolen’s home on prior occasions without success, and had searched the Internet using his cell phone to find out how to break into a house. He used a credit card to gain entrance into Bolen’s home on the day of the incident.

Buist will spend one year in jail according to news reports. He will then be required to wear a GPS tracking tether and serve five years of probation according to Chief Assistant Prosecutor Carrie Klein. Buist is scheduled for sentencing on November 4.

First-degree home invasion is a felony offense punishable by up to five years in prison. Buist’s sentence was reduced due to his pleading guilty to the charges.

October 1, 2013

Flint Man Suspected of 3 Armed Robberies in Ypsilanti Arrested by Ann Arbor Police

by Scott Grabel

Duane Lee, a 25-year-old Flint resident, was recently arrested in connection with three armed robberies which have occurred in Ypsilanti since September 18. Police had suspected Lee was responsible for the robberies for approximately one week before he was located after being recognized by an Ann Arbor citizen who called police.

Lee is reportedly a gang member and ex-con, according to a news article at Mlive.com. which indicates he is a member of the Gangster Disciples 74. Police called Lee “armed and dangerous,” although there were no injuries reported in the three Ypsilanti robberies.

Lee allegedly robbed a woman on September 18 as she was walking, pointing a black semi-automatic handgun at her and demanding her purse. Four days later, he allegedly robbed a victim who passed by a group of men while walking toward a store near campus; one of the men in the group, purported to be Lee, approached the victim requesting a lighter, then grabbing the victim and demanding his wallet while brandishing the handgun. Lee allegedly tried to punch the victim when he refused Lee’s request, however the victim broke away and went to get something out of his pocket. Lee then ran from the scene. The third incident occurred the next day when an EMU employee was walking and was passed by a man who then turned back toward him and pulled out a gun. He was robbed of his money and cellphone.

As of Monday, there was no mention of whether Lee had been charged in the three armed robberies. News articles indicated that the suspect was still in custody, and that Detective Sgt. Tom Eberts had not had an opportunity to question Lee in connection with the robberies.

Individuals who are convicted on charges of armed robbery will face serious penalties, possibly life in prison depending on the circumstances. Michigan Penal Code 750.530 states that any person who uses violence, fear, or force against another person while stealing money or attempting to commit larceny may be convicted of a felony offense resulting in punishment of up to 15 years in prison. However, when a person or establishment’s property or money is stolen and a dangerous weapon or any article insinuating the presence of a weapon used, the penalties may include up to life in prison.

September 20, 2013

Bizarre Rampage Leaves Eastpointe Man Facing Serious Criminal Charges in Beating of Mother

by Scott Grabel

At approximately 11 p.m. on Wednesday September 18, police received what they described as a “deluge” of calls related to an elderly woman being beat up by a man at a Super 8 Motel parking lot on Little Mack. The 35-year-old man, Thomas Gulas, allegedly severely beat his own mother after the two became involved in an argument about the use of her car.

Witnesses described the scene as “crazy,” as the man destroyed at least six other vehicles in the parking lot after becoming enraged. When police arrived on the scene, they found 77-year-old Evelyn Gulas in the parking lot, bloody and unconscious.

According to a news article at Mlive.com, the man began to beat his mother in the face and head, knocking her to the ground after the two argued about his using her car. Roseville police said in a statement that the suspect had apparently demanded that his mother let him use her car after calling her for a ride from the Super 8 Motel. When she refused to let him have her car, he became enraged and beat her.

Witnesses who saw what they called a “violent temper tantrum” told police that the man’s rampage continued after he had assaulted his mother, and that he then began kicking in the windshields of other cars in the parking lot, breaking off side mirrors, and jumping on top of the vehicles, damaging six of them before fleeing. The suspect was located nearby by police, and arrested.

On Thursday Gulas was arraigned on charges of assault and malicious destruction of property. A news article at the Detroit Free Press indicated that Gulas was concerned about his mother, and requested that he be freed from jail. Gulas was ordered held on a $150,000 bond by Roseville 39th District Judge Catherine Steenland.

Gulas’ mother was listed in critical condition at an area hospital; police stated that it is not known if she will survive her injuries.

After pleading not guilty to the charges, Gulas’ preliminary examination was scheduled for October 2.

Michigan criminal defense attorneys would agree this is a bizarre case; while it seems the defendant has an anger problem or perhaps was under the influence of drugs or alcohol, he may face up to 10 years if convicted of assault with intent to do great bodily harm less than murder. The malicious destruction of property charge will likely leave Gulas facing additional criminal penalties if convicted.

August 26, 2013

FBI Claims Grand Rapids Bank Robber Motivated by Addiction to Crack

by Scott Grabel

On Thursday August 22, 49-year-old Michael Loren Smith allegedly robbed a bank in downtown Grand Rapids. Smith is said to have robbed the Chase Bank located at 200 Ottawa Ave. NW to support his crack-cocaine addiction.

The robbery took place at about 4:30 in the afternoon; as Smith was walking near the Helen DeVos Children’s Hospital on Michigan Street NE, a Grand Rapids police officer spotted him counting the cash. Coincidentally, a call went out at the same time on the Grand Rapid Police Department’s radio frequency alerting of a downtown Grand Rapids bank robbery. FBI special agent Douglas Brownback reported that Smith looked at the officer who was watching him walk down the street, then fled into the hospital’s lobby. Security officers at the hospital detained the suspect in the lobby’s bathroom.

According to the FBI, Smith approached a teller at the Chase Bank as he was holding a debit card; the teller assumed he wanted to withdraw money. Smith then said, “You don’t understand, I have a gun, put the money on the counter.” He allegedly then said he had a gun as he grabbed the waistband of his pants. After complying with his demands, police found Smith had $1,926 in cash on him. FBI agents said the suspect admitted to robbing the bank, and said that his motivation was his addiction to crack cocaine.

Smith was convicted of robbing the same bank of $2,000 in 2005 when it was called Bank One.

Michigan federal criminal attorneys know the penalties for crimes prosecuted at the federal level are extremely severe for those convicted. In fact, an individual who robs a bank may be sentenced to life in prison, regardless of whether he/she was successful in obtaining money or property. The fact that Smith implied the presence of a weapon may leave him facing additional penalties.

August 22, 2013

Shoplifting Now a Felony Offense in Michigan; Offenders May Face Prison Time

by Scott Grabel

On March 31 of this year, a new law regarding shoplifting took effect which was sponsored by Genesee County State Representative Joseph Graves. Now, shoplifting has become a felony crime punishable by up to five years in prison.

Decades ago, shoplifting typically consisted of lifting a candy bar or pack of cigarettes. Teenage girls may have found stealing a compact of eye shadow a thrill. Today, shoplifting has escalated to something far more serious, as people steal items of considerable value for the purpose of reselling the stolen goods on the Internet. Websites such as eBay and Craigslist have made shoplifting quite a profitable profession – and eliminated the need for “fencing” the stolen goods.

The new organized retail crime law is zeroing in on those who lift goods with the intention of selling them for a profit. According to a recent news article at Mlive.com, five-finger discount costs an estimated $35 billion annually. To break it down further, what the National Retail Federation refers to as “shrinkage” costs each consumer approximately $500 each year in the form of higher prices, as retailers must raise prices in order to compensate for loss attributed to shoplifting.

Lisa Dawn Ehorn is a prime example of what we are describing. In May, the 26-year-old mother was arrested after she and what were presumed to be her children were stealing goods at a River Town JC Penney store. The items Ehorn and the juveniles stole were believed to be worth between $200 and $1,000.

Ehorn admitted to store security personnel that some of the items were intended for her children and herself, however she also admitted that she intended to sell some of the goods. Now she stands charged with organized retail crime rather than second-degree retail fraud. Ultimately, instead of spending up to one year in jail, she may be sentenced to up to five years in prison. Ehorn’s trial is scheduled before Kent County Circuit Court Judge George Buth on October 21.

Michigan shoplifting attorneys realize that most people who shoplift are not truly aware of the serious penalties they may face if arrested and charged with stealing property that does not belong to them. Not only are the penalties harsh, a conviction will affect your reputation and career.

August 19, 2013

Ypsilanti Man Allegedly Sets Construction Crane on Fire, Charged with Arson

by Scott Grabel

James Henry McPherson, a 30-year-old Ypsilanti man, was charged with arson on Friday, August 16, in connection with allegedly setting a construction crane on fire. The crane was being used to help rebuild the Ford Boulevard Bridge, according to a news article at AnnArbor.com.

When firefighters arrived at the scene just after 9 p.m. on Wednesday, flames were jumping as high as 20 feet in the air according to Ypsilanti Township fire Lt. Keith Harr. Harr said that the damage to the crane which is believed to have originally been worth approximately $1 million, was significant.

McPherson was charged in the 14A-1 District Court, and arraigned on charges of arson, malicious destruction of property between $1,000 and $20,000, and third-degree arson of property more than $20,000. Sgt. Geoff Fox of the Washtenaw County Sheriff’s Office said it is believed that the suspect sneaked onto the job site, then set the crane on fire after somehow opening the fuel compartment. It is also believed McPherson slashed tires on some of the vehicles at the job site.

McPherson was apprehended as he walked near the job site a short time later, and according to Fox was “highly intoxicated.”

The criminal penalties for a violent or malicious crime such as arson are extremely harsh in the state of Michigan. If convicted of the charges against him, McPherson may face substantial fines and up to 10 years in prison. Individuals who commit arson which results in serious injury or death to another person or persons may face even more serious consequences.

August 5, 2013

Suspect in Break-in of Musician Kid Rock’s Home Awaits His Day in Court

by Scott Grabel

Recently, a 43-year-old Independence Township resident was arrested for attempting to break in to musician Kid Rock’s home in Clarkston, according to a news article at Mlive.com. Sheriff’s deputies received two tips leading to the arrest of the suspect. Prior to the arrest, Kid Rock was offering a $5,000 reward for any information which would lead to an arrest.

The Oakland County Sheriff’s office stated that surveillance cameras located at the residence captured images of a 1994 Ford Club Wagon ramming the gate in the driveway of the musician’s home. The incident took place on Wednesday July 31 at approximately 3:30 in the afternoon. The surveillance footage then revealed the driver of the vehicle walking toward the home on crutches before attempting to break in to a building located on the property.

Another news article indicated that the suspect could be arraigned today in Detroit’s 52-2 District Court. However, as of 10 a.m. paperwork from the Oakland County prosecutor’s office essential for the arraignment had not been received. At the time of this report, the name of the man who was arrested was not known by the court clerk. The suspect was arrested for attempted burglary.

The penalties the man may face if convicted of attempted burglary may vary, depending on whether prosecutors can prove the suspect intended to take property had he gained entrance into the building. The legal differences between actual burglary of a residence and attempted burglary are interpreted differently and may change from one jurisdiction to another. In most cases, an individual who is charged with attempted burglary clearly intended to commit the crime of burglary. Criminal trespassing is another is another charge that may be considered when someone goes onto another individual’s property without the owner’s permission with the intention of burglarizing a home, garage, or other building on the premises.