Theft and Property Crimes

August 8, 2013

18-year-old Ann Arbor Man Facing Multiple Home Invasion, Other Charges Heads to Trial

18-year-old Javare Holmes of Ann Arbor has been charged with nine counts of first-degree home invasion and other felony charges in connection with break-ins at homes across Washtenaw County. Holmes appeared on Monday, August 5 for a pretrial hearing; his trial date was set for September 30 for four of the most recent cases, according to a news article at AnnArbor.com.

March news articles indicated that Holmes was involved in 17 incidents across Washtenaw County, including eight break-ins in the city of Ann Arbor, and three in Pittsfield Township among others. Holmes was arrested on March 9 of this year; some of the items allegedly recovered from the residence on Kirtland Drive where he was arrested included laptops, guitars, watches, digital cameras, cell phones, televisions, and GPS units.

In addition to the nine counts of home invasion, Holmes was charged with larceny in a building, assaulting, resisting, or obstructing a police officer, and receiving/concealing stolen property worth more than $1,000 but less than $20,000.

In May, prosecutors offered Holmes a plea offer, but he refused. The prosecution and defense appeared willing to discuss a plea deal prior to the cases going to trial at Monday’s hearing.

In May of 2012 Holmes paid $2,000 to bond out of jail after being charged with first-degree home invasion; he did not show up for a pretrial hearing on the charges, and a bench warrant was issued. Police believe that during the time he was wanted on the warrant, Holmes committed nine additional home invasions.

The criminal penalties for a conviction on charges of first-degree home invasion are serious, as all Michigan breaking and entering lawyers are aware. Individuals may face fines of up to $5,000 and up to 20 years in prison. Holmes may face up to 208 years in prison if convicted on all counts and ordered to serve consecutive sentences.

August 7, 2013

Suspect in Break-in at Kid Rock’s Home Faces Three Felony Charges

by Scott Grabel

On Monday, August 5, we wrote about a suspect who had been arrested after attempting to break in to Kid Rock’s Clarkston home. Now, 43-year-old Brian Duane Keith is facing three felony charges following his Tuesday arraignment. Keith has been charged with malicious destruction of personal property over $1,000, malicious destruction of building over $1,000, and attempted second-degree home invasion.

According to a press release issued by the Oakland County Sheriff’s Office, the damages to the property are in excess of $29,000. A news article at Mlive.com stated the damages include those to the residence, a garage, and security gate. A court clerk indicated that the maximum penalty for each of the felony charges is five years in prison.

Keith is scheduled to go before Judge Joseph Fabrizio on August 12 for a preliminary exam conference. In the press release issued by the sheriff’s office, it was mentioned that the defendant has an “extensive criminal history.” Most of the crimes Keith is accused of committing occurred during 2005 and 2006 in North Carolina and Virginia, and include OWI, check forgery, assault, impersonating a police officer, and receiving/concealing stolen property.

The criminal offenses Keith has been charged with are serious, and will leave him facing harsh criminal penalties if convicted. As Michigan criminal defense attorneys are aware, individuals may be charged with a misdemeanor or felony crime depending on the type/severity of damage with malicious destruction of property. If charged as a felony, penalties may include fines of three times the value of the damage or up to $10,000 and up to five years in prison.

August 6, 2013

Benton Harbor Man Pleads Guilty to Armed Robbery, Sentenced to Minimum of 8 Years in Prison

by Scott Grabel

On Monday August 5, 21-year-old Curtis Wayne Hankton was sentenced to 8 to 20 years in prison for two armed robberies he pleaded guilty to; he will serve these terms concurrently after being sentenced by Kalamazoo County Circuit Judge J. Richardson Johnson.

Hankton participated in two armed robberies which took place on January 18 and January 22 in Kalamazoo, one in the Westwood neighborhood and one at an apartment complex, according to a news article at Mlive.com. The robberies were called ‘violent,’ as one woman was allegedly raped and beaten, and another man shot in the stomach. Hankton also pleaded guilty to felony use of a firearm.

In the January 18 incident, a man was confronted by an armed individual as he was leaving his home late in the evening. A struggle ensued, and shots were fired, one hitting the victim in the abdomen. Despite his injuries he was able to disarm the suspect. A second armed suspect then came along, assaulted the victim, and took away the gun the victim had recovered from the first suspect. In the commission of the crime, two cell phones were stolen.

The January 22 incident occurred at Big Bend Apartments when Hankton and two other men broke into an apartment, severely beating and sexually assaulting the female resident before kidnapping her and dropping her off at a hospital. The two men involved in the incident with Hankton were identified as Danny P. Vinson and LaFunta Summers. Vinson is scheduled to be sentenced next week after being convicted of first-degree home invasion, first-degree criminal sexual conduct, armed robbery, and other crimes in July.

Hankton had no prior criminal history before the armed robberies he pleaded guilty to, and apologized profusely as he broke down and cried at his sentencing hearing, saying, “I’m sorry, I’m not a bad guy.” Hankton’s attorneys said that he had met Summers and Vinson through Benton Harbor’s Boys and Girls Club, and that the two men were mentors.

Michigan armed robbery attorneys realize the tragedy in this situation, and that a young man’s life has potentially been ruined because of his mistakes in choosing to participate in crimes with men he considered his mentors.

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.

July 31, 2013

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

by Scott Grabel

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 29, 2013

Man, Woman in Bonnie and Clyde-style Robberies Used Knife, Pepper Spray

by Scott Grabel

Over a span of eight days, at least four robberies have occurred in the Wyoming area which police believe involve a man and woman. Two individuals, 28-year-old Codie Ann Vargas-Alegre and 38-year-old Juan Mario Hernandez-Correa, were arrested at their Byron Center Avenue home on July 25 in connection with the Bonnie and Clyde-style hold-ups.

In all, two Dollar General stores, a CVS Pharmacy and Boost Mobile Store were robbed; the series of robberies began on July 11 with the Dollar General Store located at 919 36th St. SW. According to a news article at Mlive.com, Vargas-Alegre would rob the stores using pepper spray and/or a knife, while Hernandez-Correa admitted to driving the getaway car. In two of the robberies, Vargas-Alegre claimed she had a gun, according to store clerks.

July 19th is when the last robbery was reported at the Cash Advance store; in this incident, police say an employee of the store was assaulted when she was pushed into the parking lot by a woman, who escaped with an undisclosed amount of money.

Both suspects were arraigned on four counts of armed robbery on July 26, and remain incarcerated in the Kent County Jail on a $50,000 bond. A probable cause hearing is scheduled in Wyoming District Court for August 7.

Michigan armed robbery lawyers know all too well the punishment individuals face if convicted of this serious crime. Even when a weapon is not actually present but insinuated in order to instill fear or intimidate the victim, a conviction may result in life in prison.

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 17, 2013

Two Men Face Jury in Connection With Lowell Township Residence Armed Robbery and Home Invasion

by Scott Grabel

Two men, Darell Wayne Boyd and Christopher Lee Warren, are accused of being among a quintet of alleged armed robbers who invaded a home in Lowell Township in May of 2012, ransacking the home after tying up the residents and pistol whipping one of them, according to a news article at Mlive.com.

Both men are now charged with first-degree home invasion and armed robbery in connection with the incident which involved two parents and a child. Five men were said to be involved in the crime, all between the ages of 20 and 31.

According to prosecutors in the case, the family was sleeping when the five suspects broke into the home. The men ordered the family to come into the living room, where they were allegedly tied up and one pistol whipped. The Kent County Sheriff’s Department claims the men made off with cash, an Xbox, computers, jewelry, and marijuana plants which were for medical use. It is believed that 21-year-old Nicholas Green, one of the five men involved in the armed robbery and home invasion, was familiar with the layout of the home prior to the incident, as he knew the family.

The three other men arrested and charged in connection with the crime include Nicholas Green, Darryl Warren, and Termayne Lagrone. All five men are from Grand Rapids. It is believed that Green, who is 21 years old, knew the family who was victimized.

According to news reports, Warren and Boyd are being tried simultaneously in the same courtroom.

Michigan criminal defense lawyers know that armed robbery and home invasion are extremely serious charges which could leave the accused individual facing severe criminal penalties if convicted. First-degree home invasion subjects the defendant to up to 20 years in prison; armed robbery can result in a sentence of life in prison depending on the circumstances.

July 15, 2013

Home Invasion Charge Against 29-year-old Cedar Springs Man Dropped

by Scott Grabel

As experienced Michigan criminal defense attorneys know, a criminal charge does not always lead to a conviction and the resulting criminal penalties. In February of this year, 29-year-old Joslin Patrick McEwen was charged with first-degree felony home invasion in connection with an incident that occurred in Cedar Springs in the 100 block of South 1st Street; now, the charge has been dismissed by the Kent County Prosecutor’s Office.

The alleged victim, Dante Brown, told police in February that his neighbor (McEwen) came to his home to apologize for an incident that had happened the previous day. According to Brown, the apology transformed into an assault when McEwen allegedly busted into Brown’s home. McEwen asked for a polygraph test, denying Brown’s accusations. Not only did McEwen pass the polygraph in June, the alleged victim seems to have disappeared. As of a news article posted on Friday, July 12 at Mlive.com, Cedar Springs police had not been able to locate Brown.

Cedar Springs Police Chief Roger Parent said in the article that authorities don’t know if the story is fabricated, and that “All we can do is take the report from the citizen and investigate the case.” It was a bit suspicious to police that McEwen passed the polygraph, and suddenly the alleged victim has vanished.

A conviction of first-degree home invasion leaves the accused individual facing serious criminal penalties, including fines of up to $5,000 and up to 20 years in jail. As you can see from this incident, there are cases in which a seemingly innocent person may be charged with a serious crime. Even when the evidence seems overwhelming, a skilled defense attorney can often obtain a good outcome.