Criminal Defense Overview

July 31, 2013

Man Faces Federal Charges in Connection With Ann Arbor, Bay and Saginaw County Bank Robberies

James W. Brackenbury, a 42-year-old man charged with robbing an Ann Arbor bank on July 24, has recently admitted to three other bank robberies in the Saginaw and Bay City areas, according to news reports at AnnArbor.com and Mlive.com.

An FBI agent alleges in a criminal complaint that Brackenbury admitted to robbing three banks, and perpetrating a holdup at another, although he obtained no money in that incident. The banks Brackenbury allegedly robbed over a one-month time period include First Merit Bank in Hampton Township, Sunrise Family Credit Union in Bangor Township, and Fifth Third Bank in Ann Arbor. Community State Bank in Birch Run was the intended target of the attempted holdup in which Brackenbury claims he obtained no money.

FBI Special Agent Robert G. Schmitz wrote in an affidavit that Brackenbury obtained $9,600 in the robbery of Fifth Third Bank in Ann Arbor. According to the affidavit, the suspect pointed a black semiautomatic weapon at two bank employees, demanding they give him all of the large bills. Once they complied, he told them it was not enough. After taking the money tellers placed on the counter, Brackenbury took the money and walked out of the bank.

In all of the robberies, witnesses claim that the suspect brandished a handgun at bank tellers; surveillance footage also supports these claims. Brackenbury was arrested on Saturday, July 27, after a tip led Ann Arbor police to a Lansing-area Courtyard by Marriott. At the time of his arrest, the affidavit alleges the suspect had a crack pipe and crack cocaine in his possession. He also told investigators that he acted alone in the robberies, and used a BB gun in the commission of the crimes.

Kevin Mulcahy of the U.S. Attorney’s Office stated that Brackenbury has been charged with one count of bank robbery in federal court in connection with the Ann Arbor holdup. More charges are expected in connection with the other bank robberies, according to Mulcahy. News reports indicate the preliminary examination is scheduled for August 12.

Michigan armed robbery attorneys realize the serious criminal penalties individuals face when convicted of bank robbery, particularly at the federal level. In Michigan, robbing a bank is an offense that will leave the accused facing a potential life sentence.

July 30, 2013

Probable Cause Hearing Delayed in Labor Day Double-Murder Case Due to ‘Voluminous’ Evidence

by Scott Grabel

Michael Tarris Rashad Norris was scheduled to appear for a probable cause hearing on Friday, July 26 in connection with the September 2012 shooting deaths of 22-year-old Alvaro Carrillo-Menendez and 45-year-old Felix Romeo Reyes-Santos. Now, the probable cause hearing has been delayed due to what Norris’ attorney Christopher Dennie called a ‘voluminous discovery.’ According to a news article at Mlive.com, Dennie desired to delay the hearing after receiving this evidence from the Kent County Prosecutor’s Office.

The probable cause hearing has been rescheduled for August 9 after Grand Rapids District Court Judge Benjamin Logan agreed to the delay.

Norris was arraigned in July in connection with the Labor Day 2012 fatal shooting, which police say was an attempted robbery that went bad. Norris is charged with three counts of attempted murder, and two counts of felony murder in the deaths of Carrillo-Menendez and Reyes-Santos. A witness who was with Norris claims that he saw the two victims carting a case of beer, and Norris eyeing the two men. Manuel Rosado was allegedly with Norris, and claims that Norris said he was ‘broke’ and intended to rob the men. He went on to say that he witnessed the two men tumbling to the ground after hearing a bang. Rosado was charged with three counts of assault with intent to rob while armed.

Norris also allegedly shot another man approximately an hour later in the area of Buchanan Avenue SW and Griggs Street, although the victim survived.

Norris is also charged with two felony firearms counts. If convicted of the felony murder and gun charges, he faces a mandatory sentence of life in prison. He is currently being held without bond in the Kent County Jail; Rosado was held on a $750,000 bond.

While news articles do not indicate what the ‘voluminous’ evidence Norris’ attorney received is, Michigan murder attorneys know that this is one of the most serious charges a person can face. It is always a tragedy when a person who is 24 years old may potentially spend the rest of his or her life behind bars.

July 25, 2013

Cipriano, Young Sentenced to Life in Prison in Baseball Bat Murder of Robert Cipriano

by Scott Grabel

Almost one year ago, we wrote about two young men who had been involved in the beating of one of the young men’s family with a baseball bat. Now, Tucker Cipriano and Mitchell Young have been sentenced to life in prison for the murder of Tucker’s father, Robert Cipriano.

On Wednesday July 24, 20-year-old Tucker Cipriano and 21-year-old Mitchell Young were sentenced to mandatory life in prison for the April 2012 murder. Tucker is adopted, and according to news reports denies any responsibility in the beating of his father. Cipriano’s mother, Rose, was severely beaten in the attack, as was his brother Salvatore, who still remains in the hospital as the result of injuries he sustained in the altercation.

While Cipriano and Young were friends prior to the baseball bat attack of Cipriano’s family, the two now each point the finger at the other as being the mastermind behind the attack.

After being abandoned by his birth mother, it was said in court that Tucker Cipriano had a difficult life. While Oakland County Judge Shalina Kumar acknowledged the fact, she said he was not the only individual who has been in a situation where as a child, he was abandoned and adopted by a loving, supporting family who was well-to-do. Kumar said in court that, “With all the support you had, and all the love you had, you threw it away.”

Mitchell Young maintains he is innocent, and according to a news article at Mlive.com, guaranteed he would appeal at the sentencing hearing on Wednesday. Young accused his attorney of failing him, claiming that there were several things he had requested Michael McCarthy do during the trial so that jurors could see the discrepancies in testimony of Ian Zinderman, a key witness, but that his attorney did not follow through. After nearly 30 minutes, Judge Kumar told Young that it was not an appeal hearing.

It is believed that drugs and alcohol played a role in the downfall of Tucker Cipriano, who became involved with the substances in his teens.

As all Michigan criminal defense attorneys would no doubt agree, this is an extremely sad situation. While it’s not always possible to get to the truth, it is a tragedy to think that two lives are wasted, and that men who are barely out of their teenage years will spend the rest of their lives behind bars.

July 24, 2013

South Lyon Man Charged in Stabbing Death of 22-year-old Taylor Woman

by Scott Grabel

A South Lyon man, 31-year-old Eric John Frederickson, has been charged with first-degree murder in the murder of his ex-girlfriend. 22-year-old Summer Faulkner allegedly died after being stabbed by Frederickson on Friday July 19.

Wayne County Prosecutor Kym Worthy charged Frederickson with the murder, alleging that he entered the victim’s Rosewood Avenue apartment on Friday evening and stabbed her in the areas of the head and neck. According to a news report at 7 Action News, the young woman was pronounced dead at the scene.

Police stated that the victim’s sister called 911 following the incident. Frederickson was in custody of the Taylor Police Department as of July 20; he had turned himself in to the Fenton Police Department.

Frederickson was arraigned via video on Monday, charged with first-degree murder and felony murder. He is being treated as a second-time offender as he was on probation at the time of the murder for aggravated stalking in a 2009 case, information gathered from Michigan’s Offender Tracking Information System.

Murder is the most serious charge an individual may face. Michigan murder defense lawyers know that without an experienced and capable attorney, defendants face extremely serious consequences including life in prison. However, even in the case of the most violent or heinous crimes, individuals are innocent until proven guilty beyond a reasonable doubt under the law.

Being charged with a crime does not necessarily mean that an individual will ‘do the time.’ Mistakes are frequently made in the legal process, either by police, prosecutors, or even judges. In certain situations a charge may be dismissed; a knowledgeable Michigan criminal defense attorney may find that filing an appeal of the conviction or sentence is desirable in your case.

July 23, 2013

Ann Arbor Man Held on $1.2 Million Bond in Connection with Four Armed Robberies in the Area

by Scott Grabel

Authorities believe than one man is responsible for four armed robberies that have occurred in Ann Arbor this year. Ahmad Abdullah-Albasir is in custody in the Washtenaw County Jail after being charged with the robberies, called ‘brazen’ in news articles. The 30-year-old Abdullah-Albasir is being held on a $1.2 million bond following his arraignment on Friday, July 19 before Magistrate Thomas Truesdell.

According to police, the defendant committed four armed robberies including those at two Subway locations, the GameStop, and Biggby Coffee. Lt. Detective Robert Pfannes of the Ann Arbor police said that what they believe to be heroin was seized at Abdullah-Albasir’s home.

The robberies have occurred over a period of months beginning in April, when the suspect went inside the businesses during daylight hours while customers were in the stores. Police said that in course of robbing the businesses, the suspect brandished a knife before employees while demanding money. The last robbery took place on July 12; it was the only incident in which the employee reported seeing the barrel of a handgun rather than a knife. The suspect fled on foot following each alleged robbery.

Abdullah-Albasir was arrested after detectives served a search warrant on July 18 at a home located in the 700 block of North Maple Road. A news article at Annarbor.com indicates that heroin was seized at the home as well.

News reports do not indicate when the suspect’s preliminary hearing will take place, however Michigan armed robbery attorneys know that if convicted, the minimum sentence is two years. However, the presence of a weapon (or even insinuation of a weapon) could mean that the defendant in this case will face life behind bars.

July 22, 2013

Man Charged with Arson in Saginaw to Face Additional Capital Charges

by Scott Grabel

In April, we wrote about Jeffrey P. McKenna being charged with arson in connection with a fire that burned a rental home where he was living. The home was divided into separate units; four families were living in the rental home at the time. Now, 33-year-old McKenna is facing two additional charges of assault with intent to murder in connection with two people who lived in the upstairs section of the home.

Prosecutors added the charges on Thursday July 18 following testimony from multiple witnesses. Judge A.T. Frank of the Saginaw County District Court concluded that probable cause was shown by prosecutors at the preliminary hearing to take the defendant to trial in Circuit Court. In Michigan, assault with intent to murder carries a maximum penalty of life in prison.

Although McKenna was initially scheduled for a preliminary hearing regarding the arson charge in May, it was postponed when Eldor Herrmann, McKenna’s defense attorney, challenged whether his client was mentally competent to stand trial and requested a psychiatric exam. Judge Frank ruled that the defendant was competent to stand trial after receiving a report from the Center for Forensic Psychiatry in Ypsilanti.

McKenna allegedly set fire to the rental home in January as tenants were sleeping inside. One of the residents awoke and smelled smoke; all four escaped without injury according to news reports. Firefighters battled the blaze in extremely cold temperatures and high winds, one sustaining minor injuries.

Michigan criminal defense attorneys realize the serious criminal penalties individuals face if convicted of arson of a dwelling, a 20-year felony. However, if convicted of the additional charges McKenna may spend the remainder of his life behind bars.

July 19, 2013

Robbery and Homicide at Dearborn Family Dollar Leave Police Searching for Answers

by Scott Grabel

On Tuesday July 16, employees of Dearborn Family Dollar store arrived at work to find that something horrible had occurred. One employee was found inside the store, apparently dead from gunshot wounds. While 20-year-old Joe Orlando was deceased, his 20-year-old coworker, Brenna K. Machus, seemed to be missing. According to police in a news article at Mlive.com, Machus may be in danger, and has not been seen since Monday evening July 15.

Police are now in search of two female customers who may have been the last people to see Orlando and Machus. The women were at the Family Dollar store between 7:25 and 7:35 p.m. on Monday evening prior to the shooting. Detectives do have surveillance footage of a man who may be a suspect; the video revealed a man entering the store at approximately 7:30 p.m. on Monday, wearing jeans and white tennis shoes. What is odd to police is that while temperatures are warm, the man is wearing a hooded sweatshirt and jacket, the hood drawn in a way that conceals most of his face.

Employees who arrived at the store on Tuesday morning also stated that the store was in disarray and appeared to have been robbed. Police suspect that Machus may be in danger, and are asking anyone with information to call 313-943-2241.

Michigan criminal defense lawyers know that if and when apprehended, the man captured on video surveillance may be facing intense questioning and investigation. While it is impossible to determine his innocence or guilt at this point, individuals who commit murder or homicide may face up to life in prison if charged and convicted. Robbery is another serious criminal offense which can have lasting negative consequences for those convicted.

July 16, 2013

Cell Phone Store Robberies Result in Lengthy Prison Sentences for Two Detroit Teens

by Scott Grabel

Two Detroit teens will face federal sentences for their alleged involvement in robbing two cell phone stores over the past year. 18-year-old Jesse Dismukes and 19-year-old David Lamont Holland now each face a mandatory minimum of 32 years behind bars for the robberies.

A news article at Mlive.com says that the teen boys may in some ways be “guinea pigs” for Detroit One, a new program launched in March that essentially merges many agencies from all levels to collaborate and fight crimes considered to be the “worst of the worst.” The agencies that have come together in this effort include the FBI, Michigan state police, Detroit police, Wayne County Sheriff’s Office, the U.S. Attorney’s Office, Bureau of Alcohol, Tobacco and Firearms, and the Wayne County Prosecutor’s Office.

It’s likely that if Holland and Dismukes had been tried at the state level in Wayne County Circuit Court, sentencing may not have been as severe.

Both Dismukes and Holland pleaded guilty to two counts of using or carrying a firearm during and in relation to a federal crime of violence, and two counts of robbery affecting interstate commerce. Dismukes allegedly robbed a Warren AT&T store on January 26 and an Eastpointe Radio Shack on December 1, using an AK-47 in commission of the crime. Holland admitted to robbing a Detroit T-Mobile store on December 7, and participated with Dismukes in the Radio Shack robbery.

Robert D. Foley III, FBI Special Agent in Charge, said that the convictions of the two teens will send a strong message that severe penalties await those who are considered dangerous criminals and who commit acts of violence.

Michigan federal crime attorneys understand the penalties handed down at the federal level are typically more severe than those at the state level. Considering the teens’ current ages and the fact that they will spend more than 30 years behind bars, their lives are essentially ruined.

July 12, 2013

Kalamazoo Department of Public Safety Seeks Help Locating Man Charged with Hays Park Avenue Shooting on July 4

by Scott Grabel

On Tuesday July 9, Kalamazoo Department of Public Safety officials were asking for the public’s help in finding a 21-year-old man who has been charged in a shooting that occurred in Kalamazoo’s Edison neighborhood on July 4th. Okoli Dion Staggers was charged with seven counts of weapons violations and assault with intent to murder; a warrant has been issued for Staggers.

According to a news article at Mlive.com, Staggers shot a Hays Park Street resident in the leg as he was walking toward his front porch. The victim is 52 years old, and was taken to Bronson Methodist Hospital where he was treated and release. Original news reports released on July 5 indicated that the victim was sitting on his front porch when the shooting took place, however this turned out not to be the case. Either way, police do not believe the man was the intended victim in the shooting.

Okoli Staggers is described as a small man who stands about 5′ 4″ and weighs approximately 130 pounds, however he is considered by authorities to be armed and dangerous.

Three hours after this incident occurred, a second shooting took place in the area of West Paterson and North Rose Streets in Kalamazoo. A 21-year-old man was shot in the chest as he was walking in the area. At last report he was listed in stable condition with non-life threatening injuries. The shooting incidents did not appear to be related.

Assault with intent to commit murder is a very serious criminal offense, punished harshly in the state. Michigan assault with intent to commit murder attorneys know that individuals who are convicted of this serious crime may face a sentence of life in prison, or any number of years.

July 4, 2013

Sparta Man Faces Felony Charges Following Alleged Armed Robbery of Admiral Gas Station

by Scott Grabel

33-year-old Jason Michael Warfield of Sparta was recently charged in connection with the June 21 armed robbery of an Admiral gas station located at 206 S. State Street. Warfield allegedly used a knife and bicycle in the commission of the crime.

According to a news article at Mlive.com, Warfield made his getaway on a bicycle after taking cash and cigarettes from a clerk at knifepoint. The robbery took place at around 10 p.m. After fleeing on a bicycle, police arrived at a nearby home after a tracking dog followed Warfield’s scent, according to Sparta Police Chief Andrew Milanowski.

While there was no one at the home when police got there, a vehicle arrived shortly thereafter. Warfield was inside the vehicle, and ran inside the house with a bag in his hand; he was then arrested. The suspect was charged with armed robbery as a habitual offender and possession of narcotics, less than 25 grams.

Considered a habitual offender due to convictions for domestic violence more than a decade ago, Warfield was given the opportunity by the Kent County Prosecutor’s Office to plead guilty to charges of armed robbery and possession of narcotics less than 25 grams. Warfield’s status as a habitual or repeat offender could result in a much harsher sentence should the defendant not agree to the plea deal. In fact, he could face a sentence of life in prison.

As of the morning of July 4, Warfield remained in the Kent County Jail on a $260,000 bond.

Michigan armed robbery attorneys understand that in order to be charged with this serious criminal offense, an individual does not have to wield a gun and escape in a “getaway” car. In fact, there does not have to be a weapon at all. If an individual even insinuates the presence of a weapon in order to instill fear in the victim, he/she may be charged with armed robbery, although no actual weapon exists.