Articles Posted in Violent Crime

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.

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On Thursday January 16, 41-year-old Jacob Morales Perez was found guilty of strangling Angela Vance, his live-in girlfriend, in August of 2012. Perez was convicted of second-degree murder for the strangulation death.

According to news reports at Mlive.com, the two were fighting at their Flint home on Minnesota Avenue when Vance knocked of Perez’s glasses while slapping him in the face. A Genesee County Prosecutor’s office news release claims that after being slapped, Perez lunged at his girlfriend and proceeded to strangle her to death.

Perez allegedly went outside of the home following the incident, where he called his brother after drinking a couple of beers. Perez’s sister and boyfriend went to the home after she was given the news by the brother; she called 911 after finding Vance dead in the home.

Perez fully cooperated with police according to his defense lawyer, and told them all that had happened, saying that the day had started out good, and ultimately ended in five minutes of hell. Perez simply became enraged when Vance slapped him. Perez’s defense attorney attempted to argue that his client should be charged with manslaughter, a lesser offense, because he was in a state of anger triggered by the emotional excitement of being slapped when he strangled the victim.

Genesee County Prosecutor David Leyton even agreed that it was a tragic case, but said for Angela to receive justice, Perez had to be held accountable for his lethal actions.

Perez is scheduled to be sentenced on February 18, and faces up to life in prison.

In Michigan, second-degree murder encompasses homicide offenses which are not premeditated or committed in the perpetration of a crime such as robbery, home invasion, kidnapping, arson, or carjacking. How many years Perez will spend behind bars is ultimately up to the jurors who may choose to have him imprisoned for life, or any number of years.

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43-year-old Ynes Danyelle Lee of Grand Rapids is charged with open murder in the killing of her husband, Bertram Nathaniel Lee, in August of last year. On Wednesday, Lee rejected an offer by prosecutors to plead guilty to manslaughter or second-degree murder, according to news reports at Mlive.com. If convicted, Lee will potentially face life in prison.

On August 17, Lee allegedly stabbed her 52-year-old husband with a steak knife at the couples’ apartment. He died just over a week later at Mercy Saint Mary’s Health Care from his injuries.

The couple had been married for 13 years; during that time, Bertram Lee had been convicted of domestic violence on at least three occasions. The defendant filed for divorce in 2011, but it was never finalized. Bertram Lee pleaded guilty to attempted domestic violence in April of 2011 and was placed on probation for two years. Lee swore out a personal protection order in May of 2011 against her husband, saying that he had been violent with her on and off over a 12-year period.

Had Lee accepted the prosecutor’s plea agreement and pleaded guilty to manslaughter as a two-time felony offender, she would have faced six to 22 1/2 years in prison. A guilty plea to second-degree murder would have left her facing any number of years to life in prison.

Michigan criminal defense attorneys understand that in some cases a defendant feels justified in his or her actions, and chooses not to plead guilty to a crime that individual feels he or she is innocent of. Perhaps Lee was acting in self defense, in fear of her own life. A guilty plea would have left her under a cloud of suspicion for the remainder of her life.

Choosing to go to trial on charges of open murder is tough; hopefully if Lee was acting in self-defense and protecting her own life, she will have an effective criminal defense lawyer in her corner who will win at trial.

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Last week, trial was scheduled to begin for 21-year-old James Paul Simpkins II of Detroit who is accused of killing his brother and two others. Simpkins allegedly killed the three victims at a Flint home in 2012 during a house party, according to news articles at Mlive.com.

The party was taking place on July 18 of 2012 when police were dispatched to the residence after an altercation broke out in which one of the alleged victims called Simpkins “crazy.” Prosecutors claim Simpkins opened fire inside the home where party goers were drinking and smoking marijuana. The defendant called 911 himself, claiming that his brother had been shot and that someone assaulted him. Authorities claim that the defendant did the shooting himself. One woman who survived being shot fled through a window at the home and contacted police. She was able to lead them to the suspect.

Genesee County Prosecutor David Leyton claims that Simpkins opened fire on the party after another person present began taunting and harassing him, calling him “crazy” or something similar.

Simpkins is charged with assault with intent to commit sexual penetration, assault with intent to murder, felony firearm, and three counts of murder. If convicted, he could spend the rest of his life in prison.

Michigan criminal defense attorneys know that in situations where many people are “partying” or consuming alcohol and drugs, the risk of violence often increases. While it is certainly a tragedy that three people lost their lives, it is also tragic that a young man may spend the remainder of his life behind bars.

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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.

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Recently, a shooting at a Midland apartment complex left one person injured and another dead. Police responded to a call on January 3 at the Joseph’s Run Apartments on Village Circle to find a 31-year-old woman dead; she had apparently been shot, according to news reports at Mlive.com. Officers also found a 36-year-old man who was injured; he was transported to an area hospital with what police called life-threatening injuries.

Just after 8 p.m. on Friday, a statement was issued by the Midland Police Department regarding the incident, which they believe may have been a murder-suicide attempt. The statement made by the department is as follows:

“Michigan State Police Crime Lab and the Midland Police Department have concluded the processing of the scene at Joseph Run Apartment Complex. A handgun registered to the male involved in the shooting was recovered and is believed to be the weapon involved. All indications point to this incident being a murder-suicide attempt. The male subject with life-threatening injuries remains in the care of the Mid Michigan Medical Center. Identification of the involved subjects is not being released at this time, as further attempts to contact family members are ongoing.”

While the injured man in this case apparently suffered serious injuries, it is possible he could be charged with murder if he recovers. Depending on whether an individual is charged with first- or second-degree murder, criminal penalties are harsh. The maximum sentence for first-degree murder is life in prison. An individual convicted of second-degree murder may face any number of years up to life behind bars.

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On Friday December 27, Stanley Harrison attended a probable cause hearing in which it was to be determined whether there was sufficient evidence to proceed to trial in the stabbing death of Harrison’s 23-year-old girlfriend, Shandar Turner. Judge Richard Conlin found there was sufficient evidence to proceed forward; Harrison is charged with open murder in the September stabbing death of Turner, who had two young children according to news reports at Heritage.com.

Washtenaw County Assistant Prosecutor Blake Hatlem said in his summary statement to Judge Conlin at the closing of the preliminary exam that one of the victim’s children stated that “Stan cut mommy with a knife.” A Michigan State Police forensic specialist also testified that a bloody shoe print at the scene where Turner was murdered matched bloody shoes taken from the defendant following his September 27 arrest. Harrison’s attorney, Walter White, alleged that the forensic specialist could not conclusively state the two were a match because she was not sufficiently experienced or certified to make such an assumption.

Detective Thomas Sinks testified that the crime scene was horrific, with substantial amounts of blood in the kitchen, bathroom, and on the back door of the victim’s home. Turner had 11 stab wounds to her neck, torso, arms, and scalp according to Jeffrey Jentzen, Washtenaw County Chief Medical Examiner. Jentzen testified that the victim also suffered a puncture to her left lung and one to her spleen which in his opinion were fatal wounds.

Harrison alleges that he and Turner were romantically involved, and that they became engaged in a domestic dispute in which he ultimately felt threatened by Turner after he rebuffed her romantic advances, which included her cutting his boxer shorts off with scissors. He further stated that both accused the other of infidelity, and that the fight escalated.

Harrison’s next hearing date is scheduled for February 10.

Charges of open murder in the state of Michigan are serious; a defendant may be charged with first- or second-degree murder, a decision made by jurors. Individuals who are convicted of first-degree murder may face punishment which includes life in prison. Second-degree murder will leave a convicted defendant facing any number of years to life in prison. All types of murder which are not committed during the course of a crime such as carjacking, arson, or robbery, or which is not considered premeditated, fall under second-degree murder.

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In September of this year, a 45-year-old Elberta woman and her 14-year-old autistic daughter were found unconscious in the family’s van in what authorities determined was an apparent murder-suicide attempt. Now, Kelli Stapleton is facing attempted murder charges after allegedly trying to kill her daughter and herself through carbon monoxide poisoning, according to news reports at Detroitnews.com. Stapleton waived her right to a probable cause hearing on December 26; her attorney, Brian Johnson, had no comment on her decision.

Stapleton had maintained a blog which chronicled the challenges faced by her family in caring for her autistic daughter, who she alleges also had violent outbursts. The Stapleton’s live about 150 miles northwest of Grand Rapids in Elberta, and are said to be well-known in the community.

Stapleton’s blog, The Status Woe, contained a recent entry regarding her admission that she was suffering from a severe case of what she called “battle fatigue.” She shared on her blog that Issy, her daughter’s nickname, had completed a program near Kalamazoo which was “intense,” but that school officials had abruptly changed her daughter’s education plan.

State police revealed that upon finding Stapleton and her daughter inside the van, they discovered coals had been burned inside while the windows were rolled up, in their opinion an effort to generate carbon monoxide. Carpeting inside the van had two holes burned into it where the coals had burned.

The news article states that Stapleton had said earlier in the year that she and her husband were hopeful yet frustrated regarding the prospects for their daughter, who she described as a “great kid with a lot of potential.”

At the time of news reports a trial date had not yet been set.

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During the afternoon hours of Christmas Eve day, a 36-year-old Detroit man lost his life following a dispute over a dog, according to news reports at Mlive.com. James Buckman was shot twice in his left side, and was pronounced dead upon his arrival at a local hospital.

Detroit Police Officer Adam Madera of the Public Communication Office told reporters that based on the investigator’s file, the suspect, 43-year-old Floyd R. Pennington, accused Buckman of threatening to run over his dog. Madera said that the two men began to argue as Pennington was sitting inside a pickup and Buckman was standing beside the vehicle. The suspect then pulled out a weapon and shot Buckman two times in his side. Pennington then fled the scene and was eventually apprehended by police and arrested.

Pennington was charged with possession of a firearm during the commission of a felony, and open murder. He was arraigned on December 26 and according to the Wayne County Prosecutor’s office held without bond.

Authorities say this is the second death which has occurred in the area over the past two weeks involving a dispute over a dog. 28-year-old Charles Simkins of Walled Lake allegedly shot Edwin Chrispell on December 17, piercing his femoral artery. Chrispell bled to death. According to news articles, Simkins is a dishonorably discharged marine who became involved in a dispute with Chrispell when his own dog disappeared. Chrispell allegedly took the dog in after it was roaming loose in the neighborhood. The two men became involved in a physical altercation when Simkins found his dog with Chrispell.

Open murder is a very serious charge in Michigan; if a jury determines the defendant should be charged with first-degree murder, penalties if convicted include life in prison. Even when someone is charged with second-degree murder, a conviction can leave the defendant facing any number of years up to life behind bars. It seems as though in these two cases that extreme anger led to violence, although it isn’t likely that either defendant intended to commit murder.

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On December 12, 27-year-old Senaz Nezami died after suffering fatal injuries in a domestic violence assault inflicted by her husband, 34-year-old Nima Nassiri, according to news reports at Upper Michigan’s Source.

Nezami was seriously injured in an incident on December 8 in which her husband allegedly assaulted her. Nassiri was charged with assault with intent to do great bodily harm less than murder on December 9. Following her death, Nassiri was charged with second-degree murder on December 20.

According to news articles, the Houghton County Sheriff’s Department began investigating after police received a call notifying them of a possible domestic dispute just before midnight on December 7. Nassiri was taken into police custody at that time, where he remained in the Houghton County Jail on a $5 million bond.

Nassiri’s wife was initially taken to Portage Hospital for treatment of her injuries; she was then transported to Marquette General Hospital, where she died on December 12 as a result of her injuries.

At his December 20 court hearing, Nassiri waived his right to a preliminary hearing within 14 days. He is scheduled to be back in court for a preliminary exam on January 13.

As most people know, accusations of murder are extremely serious. While first-degree murder is the most serious offense of all homicides, second-degree murder can also leave the accused facing life behind bars. In the state of Michigan, second-degree murder is considered any murder which is not premeditated, or which may be committed in the commission of a criminal offense including larceny, carjacking, arson, home invasion, and more. Ultimately, an individual found guilty of second-degree murder may face any number of years up to life in prison, as determined by the court.

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