Drug Charges

July 30, 2013

MethCapital, Nonprofit Organization Started by Former Paw Paw Meth Addict

According to Jewel Dailey, a former methamphetamine addict, the last three years haven’t been easy. Dailey says that the Van Buren County Drug Treatment Court Program she entered after being addicted to meth for 16 years not only changed her life, but saved it. She also admits that her addiction robbed her of her health, children, and marriage, and that if she had not conquered her “demons,” she may have ended up in prison, or even worse, dead.

Today, Dailey works on the nonprofit organization she began in 2011, MethCapital. After spending the majority of her adult life producing and selling meth, Dailey now focuses on raising money for the Van Buren County Drug Court. She now fights to stop the manufacture, use, and distribution of the drug that once had her in its grasp, raising money primarily through a fundraiser once titled the Community Recovery Bash, but now renamed to Festivalooza. The annual festival features food, games, contests, live music, a 5K race, silent auction, kids’ zone, and more. This year’s festival is slated to be held at the Paw Paw Middle School on August 3.

Dailey’s downhill slide began when her mother died, a very difficult time in her life. She said that she tried one line of meth at a party, and that was all it took. According to Dailey, meth made her feel good, but cost her a marriage and new home shortly after she became addicted. After the breakup of her marriage, she began manufacturing and selling meth to support her own use habit.

A news article at Mlive.com reveals that Dailey was stopped by police in December 2009; the car she was riding in contained a meth lab, leading to her being charged with meth possession. She was presented with the opportunity in court to enroll in a drug court rather than spend time in jail. While she admits the drug court was a “long, difficult road,” Dailey kept plodding forward and eventually began going to church, cutting ties with friends who used drugs. After seeing what she felt was a vision from God, Dailey approached a church in Paw Paw, Fresh Water Community Church, to help her with the resources to get MethCapital off and running.

Since it all began, Dailey has raised thousands for the drug court, held speeches to educate students about meth, and been a mentor for women in the drug court program. Also earning her GED and reconnecting with her children, Dailey said graduating from the drug program in 2012 was “one of the greatest accomplishments” of her life.

Michigan drug crime attorneys know that the punishment is severe for those convicted of offenses involving the use, manufacture, or sale of illegal drugs and narcotics. This story is one example of how individuals can turn their lives around, although it isn’t an easy journey.

July 25, 2013

Medical Marijuana Edibles not ‘Usable’ Marijuana According to Ruling of Michigan Appeals Court

by Scott Grabel

In a ruling issued two weeks ago, the conviction of a medical marijuana patient was vacated by the Michigan Court of Appeals. The appeals court found that an “edible” (brownies) containing THC extract from marijuana resin is not, under the MMMA (Michigan Medical Marijuana Act), usable marihuana. The court vacated the patient’s conviction in the case of Earl Cantrell Carruthers, who was charged with possession of marijuana with intent to deliver following a traffic stop in January of 2011.

Carruthers appealed his conviction, filing a motion to dismiss the possession charge based on several factors. Carruthers argued that being charged with an offense was improper due to the fact that he had a medical marijuana card for himself at the time of the stop. He also claimed to have in his possession a caregiver certificate, and applications for four patients. Carruthers also argued that only the net weight of the THC extract in the brownies should be considered rather then the gross weight of the food. The defendant claimed that if only the active ingredient was weighed, the limit set forth in section 4 of the MMMA, MCL 333.26424 would have prevented prosecutors from filing charges against him.

The defendant’s attorney motioned for the charges against his client be dismissed, however the trial court denied this motion. The trial court found that the total weight of the brownies would be considered a marijuana mixture; it also ruled that Carruthers could not use the medical marijuana defense.

Ultimately, the appeals court determined that the evidence presented to the panel indicated that the brownies did not consist of a mixture or preparation of dried flowers and leaves of the marihuana plant, but rather an extract. Therefore, as defined under the MMMA, the brownies could not be considered usable marihuana, and whether Carruthers possessed more than 12.5 ounces of usable marijuana upon the traffic stop should not have been determined by including the weight of the brownies in the measure of the amount of marijuana in his possession.

Mr. Carruthers will now go back to the Oakland Circuit Court for further proceedings consistent with the Court of Appeals opinion.

Michigan criminal appeals attorneys know that the process of appealing a conviction or sentence is often highly complex. However, individuals who feel the criminal justice system has failed them do have the right to appeal, although it does not necessarily mean the COA will overturn a conviction or send a case back to court for resentencing.

June 25, 2013

Seizure of Nearly $500,000 in Meth in SW Michigan Results in Conviction of 5 Suspects

by Scott Grabel

In what is believed to be Michigan’s largest methamphetamine seizure at an estimated value of nearly $500,000, five men were indicted and have now been convicted on charges of conspiracy and possession with intent to distribute. Four of the men pleaded guilty of the charge prior to trial, while one went before a federal jury and was found guilty.

It all unfolded last summer when a confidential informant revealed to U.S. Department Homeland Security that a substantial amount of “ice,” or crystal meth, was being sold in southwestern Michigan, specifically Van Buren County according to a news article at Mlive.com. Investigators were informed that Alejandro Garcia had five pounds of the crystal meth, and that he was trying to sell it for $23,000 per pound. Ultimately, police seized over 20 pounds of pure meth after buying the “ice” undercover on several occasions; the methamphetamine was seized from a pole bar located in Van Buren County and a vehicle.

According to a criminal complaint written by special agent Thomas Schifini, the informant said that Garcia had told him the meth was being sold by Sierra-Villegas after being smuggled into the country via hidden compartments in vehicles.

The five men involved include 39-year-old Jose Sierra-Villegas of Kansas City, who was convicted by a federal jury. The four who pled guilty prior to going to trial include Brent Kellerman, 25, and Jon Jeannin Jr., 33, both of Kansas City, Thomas Streich, 59, of Lawton, and Alejandro Garcia, 45, of Grand Junction.

The maximum penalty for conspiracy and possession with intent to distribute life behind bars. While four of the men are in custody awaiting sentencing, Alejandro Garcia was sentenced to nine years in prison recently.

Michigan drug possession attorneys know that individuals convicted of possession with intent to deliver certain substances classified as schedule one or two (including methamphetamines) typically face 20 years to life in prison, along with fines ranging from $25,000 to $1,000,000. Essentially, the convicted individual’s life is forever changed, often ruined.

May 24, 2013

Ypsilanti Man to Be Arraigned on Federal Drug and Gun Charges

by Scott Grabel

Charles Curtis Hobbs, a 35-year-old Ypsilanti resident, was arrested on May 12 by Ypsilanti police after officers received a call involving a domestic dispute in which the suspect allegedly pointed a gun at his girlfriend.

When police arrived at the scene, Hobbs told officers that he was moving out of the residence, and denied that a firearm was involved in the dispute. Hobbs’ 31-year-old girlfriend initially called 911, then called back shortly thereafter and requested that police not respond. However, police continued on to the residence where the woman and Hobbs had reportedly lived together for 1 1/2 years. The two also have a child together according to a news article at Annarbor.com.

Upon their arrival, police found Hobbs loading property into an SUV; police detained him and questioned him about the allegation that he had pointed a gun at his girlfriend. Hobbs denied the accusation and told police that he was moving out of the residence. After smelling what they believed to be marijuana smoke coming from the vehicle, police searched it with Hobbs permission.

Police located drug paraphernalia, 85 grams of marijuana and a loaded 9mm Glock in the vehicle, along with nine rounds of ammunition. Hobbs was initially charged with felon in possession of a firearm, possession of a firearm in furtherance of a drug trafficking crime, and possession with intent to deliver marijuana. It was determined after checking his criminal history that Hobbs would be charged at the federal level. He was taken into custody on Tuesday, May 21 by agents from the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosive).

Hobbs remains in custody until his next court date, which was not revealed in the news article.

Michigan federal criminal defense attorneys know that in cases where it appears an individual is involved in drug trafficking the criminal penalties are extremely serious. Federal charges typically end in punishment more harsh for those convicted than they would experience at the state level.

April 30, 2013

88-year-old Chelsea Man to Go on Trial for Cocaine Possession with Intent to Deliver

by Scott Grabel

In the fall of 2011, then 87-year-old Leo Sharp of Michigan City, Indiana was pulled over in Washtenaw County near Chelsea for improper lane usage. In the course of the stop, it was discovered that Sharp had 104 bricks of cocaine in his vehicle, which were determined to be worth $2.9 million.

According to Sharp, drug dealers forced him to take the cocaine; he says he did so out of fear that the dealers would harm his children, grandchildren, or himself if he refused. Sharp was pulled over near Chelsea, about 60 miles west of Detroit. Sharp was transporting the cocaine from Arizona to Michigan, according to a news article at The Huffington Post. He was arraigned in November of 2011 on a charge of possession with intent to distribute cocaine.

Sharp was allegedly approached by an acquaintance of one of his employees, who asked him to pick up luggage containing cash in Raleigh, NC. He was then to drop the luggage off in Arizona, and pick up more money along with bricks of cocaine and a piece of paper instructing which exit to get off of in Detroit. At one point, Sharp said that he was “forced at gunpoint” to deliver the cocaine, although he told authorities he had not delivered the drugs or the money.

Michigan state police ultimately found the stash of illegal drugs in Sharp’s vehicle through the use of a drug-sniffing dog after Sharp denied a trooper’s request to search the vehicle. According to Ray Richards, Sharp’s attorney, it was his client’s first time in the court system.

Sharp pleaded not guilty to the charge and was released on bond. Sharp’s attorney attempted to have evidence thrown out of court, saying that the seizure of the drug was illegal because authorities had no probable cause to pull his client over. Recently, Detroit federal Judge Nancy Edmunds refused to throw out evidence; his trial is scheduled for October of this year.

Michigan drug possession lawyers know that the criminal penalties are extremely serious when an individual is convicted on a charge of drug possession with intent to deliver. Because Sharp is now 88 years old, if convicted he will likely spend the rest of his life in prison and be required to pay a huge fine.

March 14, 2013

Victim of Home Invasion in Delhi Township Faces Gun, Drug Charges

by Scott Grabel

In February, a break-in in a home in Delhi Township resulted in Ingham County Sheriff’s Department deputies discovering numerous marijuana plants and guns including a Romanian AK-47 replica and an assault rifle in the home which was invaded.

According to news reports at MLive.com, a home invasion occurred shortly after midnight on Thursday February 20 in the 4200 block of West Holt Road. Those inside the home included a woman, man, and four children; the woman allegedly shot the intruder multiple times. When police deputies arrived at the scene, they found the intruder had been beaten with a baseball bat and handcuffed. Police obtained a search warrant after finding what they called a “large” marijuana growing operation inside the home.

31-year-old Jason Terrill, owner of the Delhi Township home that was invaded, now faces a felony drug charge and two felony gun charges after he was arrested on March 4. Ingham County Sheriff Gene Wriggelsworth said that Terrill has been charged with felony firearm, possession of a firearm by a felon, and delivering/manufacturing 5 to 45 kilograms of marijuana.

The man who allegedly entered the home in February is a 20-year-old Lansing man; he was hospitalized after being shot numerous times in the abdomen by the woman who lives with Terrill. According to news reports, he entered the home through a back door that was unlocked, and was carrying a handgun.

Terrill claimed that he is licensed to possess marijuana because he is a patient, and is a licensed medical marijuana caregiver in addition, according to Sheriff Wriggelsworth.

Terrill was arraigned in Ingham County District Court on March 5, and was released after posting a $35,000 bond on March 6. Magistrate James Pahl stipulated that Terrill may not consume drugs or alcohol. Terrill is scheduled for a pretrial conference on Tuesday March 12 and preliminary examination March 14.

The criminal penalties for delivering or manufacturing marijuana in Michigan are harsh; in fact, cultivating between 5 and 45 kilograms of marijuana will leave an individual who is convicted facing a fine of up to $500,000 and up to seven years in prison. Michigan drug crime attorneys understand the serious consequences those accused of maintaining grow houses face, in some cases even patients.

January 14, 2013

Lansing Gang Members Suspected in Death of Woman to Avoid Death Penalty

by Scott Grabel

Lansing gang members accused of killing a woman in July of 2010 will not face the death penalty, according to news reports. Shayla Johnson was killed in the course of a robbery at her Lansing home on July 23, 2010. While no explanation was offered, West Michigan federal prosecutors were notified by U.S. Attorney General Eric Holder that the death penalty would not be sought in the case in which a violent street gang known as the “Block Burners” allegedly killed the woman. The killing is said to be drug-related.

Assistant U.S. Attorney Tim VerHey stated in court documents that the United States would not be seeking the death penalty in the case. The letter from Holder to the Michigan federal prosecutors stated that, “You are authorized and directed not to seek the death penalty against Mustafa Abdul-Qadir Al-Din, Walee Abdullazeem Al-Din, Charles Kunta Lewis Sr., and Ralphael Remier Crenshaw.” Another defendant in the case who is awaiting trial, Nicholas Brown, is also included in the order.

A trial in the case is expected this year. The Lansing State Journal reported that the victim, who was 19 years old at the time of the crime, was thrown into the trunk of a car and shot numerous times after being dragged from her home on Lenore Street. The gang members, according to court testimony, had allegedly planned to kidnap Johnson and rob her of marijuana.

Members of the Block Burners gang had allegedly committed several acts of violence separate from this incident, many of which involved guns and were carried out in an effort to obtain drug money and drugs. The charges against the men of committing a drug-trafficking crime using a gun could have led to the death penalty.

Charges of drug trafficking can leave individuals who are convicted facing up to life in prison, depending on the amount of drug involved. In this case, the fact that someone was killed in a plot to rob someone of drugs complicates things even further. Michigan criminal defense attorneys know that these are extremely serious charges, and that without effective legal counsel individuals will generally face the harshest possible penalties.

December 17, 2012

Detroit Police in Limbo Following Decriminalization of Small Amounts of Marijuana

by Scott Grabel

In November, Detroit voters passed a proposal legalizing the possession of up to one ounce of marijuana by individuals over 21 years old. However, it doesn’t seem that much has changed as far as police or the government are concerned. Voters passed the proposal 65-35; now, those over age 21 can supposedly possess as much as an ounce of the drug when on private property, although state police say the proposal has no impact on how they enforce drug laws.

State Police Lt. Mike Shaw said that nothing has changed for Detroit state police, because according to state law it is still illegal for those who do not have a medical marijuana card to possess marijuana. State police do not enforce local ordinances, and Shaw says that as far as their agency goes, individuals caught with pot will be cited for a misdemeanor violation. A conviction could mean up to one year in jail and up to $2,000 in fines.

According to Shaw, even though the proposal passed it is legal for any agency to write a violation according to state law. Detroit Police Sgt Eren Stephens of the Public Information Office said that the city of Detroit Law Department is reviewing the new legislation.

How possession of marijuana will be handled by the Wayne State Police Department is a question that’s still up in the air. The department patrols the campus of Wayne State University and surrounding areas, and occasionally receives calls regarding marijuana at apartments or dormitories, although Police Chief Anthony Holt said he hasn’t received any calls since the passing of the new law.

Holt stated in news reports that the department has not devised an official policy, but that the department would have to get an opinion because marijuana possession is a crime under federal law. Wayne County Sheriff’s Office Dennis Niemiec said their department is equally unclear on how these cases will be handled, and that their training and legal departments are reviewing the issue.

Because of the way laws regarding the possession of marijuana are being perceived by law enforcement agencies at the present time, Michigan criminal defense attorneys advise anyone who is arrested for possessing even a small amount of marijuana to consult with a lawyer.

December 11, 2012

Lansing Prescription Drug, Medicaid Fraud Rings Lead to Arrest of 7 Individuals

by Scott Grabel

Recently, seven people have been arrested after selling illegally obtained prescriptions in the Lansing tri-county area. Five people believed to be involved in the prescription drug ring are still at large. In total, a dozen people have been charged with obtaining drugs such as Vicodin and OxyContin, and selling the prescription painkillers for as much as three times the cost.

Law enforcement officials made the announcement on Monday; Theresa Szymanski, Lansing Police Chief, said that the arrests demonstrate that the abuse of prescription medications will not be tolerated. The alleged fraud and those involved were uncovered after the Lansing Police Department’s Special Operations unit worked in conjunction with Blue Cross Blue Shield investigators. It’s also believed that there are two separated drug rings which are operating independently of the other.

May of this year is when investigations began, with findings being reported to Ingham County Prosecutor Stuart Dunnings III in September; the investigation continued, as did the ring’s illegal drug activity. If convicted, individuals may be imprisoned for up to four years and fined between $30,000 and $500,000 according to news reports.

The office of state Attorney General Bill Schuette is handling three of the prosecutions due to their involvement with Medicaid fraud. The remaining nine individuals are charged with fraudulent obtaining of prescription drugs.

Dunnings stated that no names would be released as the investigation continues.

The CDC (Centers for Disease Control) reported that in 2010, over 16,000 individuals died because of opioid analgesics, which are painkillers that are highly addictive and offer euphoric effects similar to those of heroin.

Arraignment dates have not yet been set for the individuals involved in the prescription drug/Medicaid fraud rings.

Michigan prescription drug fraud attorneys know the implications for those convicted are severe. Whether you are charged with possession of these drugs, or with intent to distribute or sell, your career, reputation and freedom are at stake. Involvement in prescription or Medicaid drug rings is a problem being vigorously pursued by police and prosecutors in Michigan.

November 28, 2012

Ishpeming Meth Bust by UPSET Lands Three in Jail

by Scott Grabel

UPSET (Upper Peninsula Substance Enforcement Team) arrested three individuals following a meth bust in Ishpeming on Monday, November 26. The three suspects were lodged at the Marquette County Jail pending arraignment on the charges, which include conspiracy to manufacture methamphetamine and possession of meth components.

The suspects who were arrested include 32-year-old Kelly Kathleen Warlin, 31-year-old Justin Carl Saari, and 46-year-old Chad Steven Warlin. UPSET detectives made the arrest, although they were assisted in the investigation by the Marquette County Sheriff’s Office and Ishpeming Police Department.

Members of the UPSET team collected hazardous chemicals and components used to manufacture meth from the home, according to news reports. UPSET is a team consisting of two multijurisdictional street narcotics teams. Founded in 1988, the team faced a budget cut earlier this year and now relies on private businesses, local government and independent donations to help continue their operations.

If convicted, Michigan drug crime attorneys know that the individuals involved face serious penalties. Methamphetamine is considered a Schedule II drug in Michigan; even for an amount less than 50 grams, those convicted may face up to 20 years in jail and fines of as much as $25,000. Substantial amounts of 1,000 grams or more can mean life behind bars and fines up to $1 million dollars. Other factors can make penalties even more harsh, such as if an individual has a previous criminal history, is found in possession of a gun or commits another offense in conjunction with or separate from the original crime he or she is accused of.