Articles Posted in Violent Crime

Earlier this month, 31-year-old Clarence Ross went on trial for the September 2012 murder of Jheryl Wright in an incident that occurred outside a Quick Stop convenience store. On Friday December 20, Ross was found guilty of solicitation of murder, open murder, and felony use of a firearm according to news reports at Mlive.com.

Ross and another man, Duncan Williams Jr., were arrested in December of 2012 in Georgia. Both suspects were arrested in Atlanta by the Atlanta Fugitive Squad and the FBI. Jheryl Wright was 24 years old when he was gunned down at the Quick Stop, located in the 1400 block of Portage Street. Police said the incident, which took place at approximately 3 a.m., was captured on security cameras at the store. Authorities determined who the suspects were through the videos, and help from the public/witnesses. Wright was found on the ground outside the convenience store with several gunshot wounds; he was unresponsive and later died at an area hospital.

Clarence Ross is scheduled to be sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey on January 13.

Murder is the most serious criminal charge an individual may face. While news reports do not indicate a motive for the shooting, Ross will likely face life in prison after being convicted by a jury for open murder. Open murder is a charge which simply means the jury can determine whether to charge the defendant with first- or second-degree murder.

In Michigan, the maximum sentence for first-degree murder is life in prison. An individual convicted of second-degree murder may face any number of years and even life in prison, depending on the facts of the case and ultimately what the court determines is just in a particular situation.

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In April of this year, 25-year-old Teresa Alvarez was charged with the murder of a 71-year-old woman who had reportedly rescued Alvarez and her brother from homelessness 17 years ago. According to CBS Detroit, Alvarez killed Margaret Theut in a scheme designed to steal thousands of dollars the victim had intended to donate to charity.

Theut, who lived in Detroit, went missing in November of 2011. In May of 2012 a hunter discovered her decomposed body in a wooded area in Rouge Park as he was hunting for mushrooms. Alvarez was found guilty of murdering her childhood babysitter and was sentenced by Wayne County Circuit Judge Mark T. Slavens on Thursday, December 12.

News reports indicate that Alvarez and her brother cam from an unstable home, and that Theut often babysat the two as children. Upon her arrest, police alleged that Alvarez planned the murder for weeks, telling her friends that the elderly woman had killed herself by overdosing on pills. According to Detroit police homicide investigator Lance Sullivan, Alvarez told friends she was going to attend the victim’s funeral after getting dressed up.

Theut lived next door to Teresa and Jesus Alvarez’ mother, who would sometimes leave the children in Theut’s care; Theut and the children’s great-aunt, Janet Jenkins, adopted the children in 1996 after their mother died from breast cancer. In the interim, the children’s maternal grandparents had been granted custody, however Alvarez and her brother’s lives continued to be unstable.

While it is certainly a tragedy when an elderly person’s life is taken, it is also tragic that a 25 year old woman will now likely spend the rest of her life in prison. Michigan criminal defense attorneys understand how individuals’ childhoods often shape their lives as an adult.

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David Maurer, a 71-year-old man who lived at the Lurie Terrace senior community in Ann Arbor, was found dead inside his apartment on December 1. Police believe he died approximately a week earlier, and that three men who allegedly robbed the elderly man are responsible for his death. Neighbors who describe the victim as a gentle and quiet man are shocked, according to news reports.

On Sunday December 15, three men were arraigned on charges of murder and robbery. They include 20-year-old Ricky Ranger, 19-year-old Mark Paling, and 19-year-old Richard Thompson. Although the connection is not clear at this time, police believe the suspects were known to Maurer. The three have been charged with unarmed robbery, larceny in a building, open murder, conspiracy to commit unarmed robbery, and larceny of a firearm. According to reports, the suspects stole multiple items from the victim’s apartment including credit cards, a cell phone, firearm, computer, money, and a controlled substance.

All three of the suspects are scheduled for a December 26 preliminary exam; if convicted, the maximum sentence is life in prison. Police did not reveal how Maurer was killed, or when investigators began viewing the victim’s death as a homicide. Police would only say that upon responding to his residence on December 1, Maurer’s body was badly decomposed.

All three suspects will be represented by the Washtenaw County Public Defender’s Office according to a news article at Mlive.com. All are being held without bond.

While no motive is given for the alleged homicide, perhaps if the suspects knew the victim, they felt they had to quiet him after robbing his apartment. Regardless of how or why the incident occurred, it is certainly tragic for both the victim and the suspects, who are young and have their entire lives ahead of them. If convicted, it is likely these three young men will spend a substantial portion of their lives, and possibly the remainder of their lives, locked behind bars.

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Adam Andrew Phillips, a 22-year-old Grand Rapids man, will now face trial in connection with the alleged attempted murder of his ex-girlfriend on November 5, according to news reports at Mlive.com. Phillips and the Kent County Prosecutor’s Office failed to reach a plea agreement.

The victim, 18-year-old Elizabeth Batchelder, was three months pregnant at the time Phillips allegedly struck her, leaving her in a coma with a skull fracture. An 18-month-old child was present when the assault occurred, although the child was not injured. It is believed that Phillips found pictures on the victim’s cell phone which made him angry and led to an argument between the two.

The altercation took place at the defendant’s grandfather’s home located at 215 Sweet St. NE. Clifford Mead said that he believed his adopted grandson became angry out of jealousy, and became enraged before taking time to think. Mead was in his garage when he heard screams coming from inside the home; he said he did not know whether it was the couple’s 18-month-old screaming, or Batchelder. Upon going inside to check, the defendant got into his car and left the scene.

A neighbor called 911 according to Mead, who said that when he found Batchelder she was gasping for air and bleeding profusely.

Phillips is charged with attempted murder, and has remained in the Kent County Jail without bond since his arrest. If found guilty, he will face a maximum sentence of life in prison.

Attempted murder, or assault with intent to murder, is a very serious charge in the state of Michigan. Those convicted will face sentencing which may include any number of years or possibly life in prison according to the Michigan Penal Code 750.83. Essentially, individuals who are found guilty of such serious or violent crimes face ruin of their reputations and careers, and loss of their freedom.

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Recently, Marshall Brabo, a 66-year-old Rockford man, was convicted of attempted murder in the brutal beating of his wife the day after Valentine’s Day, when the two had dinner and sex at the home where her estranged husband was residing. He now faces potential life in prison and is scheduled to be sentenced on December 19 by Judge Dennis Leiber, according to news reports at Mlive.com.

The alleged victim, 58-year-old Pamela Brabo, separated from her husband because of what she called his “increasingly unnerving behavior,” which included verbal abuse. Brabo claims that prior to the February 15 altercation, her husband had never been physically abusive.

Pamela Brabo maintained that she agreed to have dinner and sex with her husband after he had requested a late Valentine’s Day dinner repeatedly. She claimed that after enjoying a meal of pork chops and mashed potatoes which she prepared, the two had sex. Brabo then unexpectedly began striking his wife with a crow bar, then told her she was “going to die tonight” after choking her. The alleged victim said she begged and pleaded with her husband, asking him to consider the couple’s children and grandchildren, and the affect his actions would have on them. She eventually held her breath in an effort to make Brabo believe she was dead.

After a couple of hours, Pamela Brabo said she crawled out a door at the home and called 911 after reaching a McDonald’s in the area. She believed that her husband had attempted suicide after thinking she was dead by taking medication. She has filed for divorce since the incident, and is involved in a civil suit against Marshall Brabo to try to recover the medical costs she experienced as a result of the attack. Marshall Brabo is in prison where he will remain as the civil suit continues forward.

While this is a story with a tragic ending, Michigan criminal defense attorneys understand that sometimes, relationships between married spouses or couples can be volatile. In some situations, a spouse may be acting in self-defense and be accused of assault or attempted murder. The burden of proof is always with the prosecutor, so it is vital anyone accused of or charged with a violent crime consult with a skilled lawyer right away.

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In October we wrote about Michael Hamilton, a Dearborn man who was charged with open murder in the shooting death of 49-year-old Robert Marcyan. Hamilton was convicted in October, and recently sentenced to life in prison without the possibility of parole. Jackson County Circuit Judge John McBain told Hamilton upon sentencing, “You are going to die in the Department of Corrections.”

Hamilton was charged with open murder, assault with intent to murder, and other charges. Marcyan was a twin; he and his brother Richard were at Hamilton’s father’s cottage after having been requested to provide an estimate to perform some work on the property. Hamilton’s father was supposed to meet the brothers, but was injured and could not make the appointment. Instead, the defendant met with the brothers. He had reportedly met the two men on one occasion, approximately a month earlier.

No clear motive was given for the murder, however George Lyons, the defendant’s attorney, argued that his client was involuntarily intoxicated by Adderall and was suffering side effects of the drug when he allegedly shot Robert Marcyan in the head. He also fired at Richard Marcyan, but did not hit him. Lyons maintained that because of the Adderall, Hamilton was legally insane when the shooting took place.

Kati Rezmierski, Chief Assistant Prosecutor, said that the victim was driving an older model BMW and wearing $30,000 in jewelry, and that Hamilton was “just another drug addict motivated by money.”

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On Monday December 2, 42-year-old Arthur Payne was sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey to two to 15 years in prison for assault with intent to commit great bodily harm less than murder. Payne allegedly beat his girlfriend severely in March after she returned home bringing food for her son, but did not bring Payne a meal.

News articles claim Payne struck Stephanie Janssen so hard that not only did it result in knocking her teeth out and fracturing her skull, it fractured his own hand. Payne allegedly struck Janssen repeatedly; John Anderegg, Assistant Prosecutor, said on Monday that “This wasn’t a single smack to the face.” Anderegg called it “excessive brutality.” Payne pleaded no contest to the charges in November. He was also charged with misdemeanor aggravated domestic assault.

Payne and Janssen shared an apartment in Oshtemo Township when the alleged incident occurred. There was no plea agreement; according to Payne’s sentencing guidelines, he would serve a minimum of 10 to 28 months behind bars. Payne claimed that he is mentally ill, and blamed the attack on his illness. Janssen spoke in court on Monday, telling Payne that he left her and her children with no place to call home. She urged Payne to get the psychiatric help he needs, and to “do something” for himself no matter what the outcome in court.

Anderegg accused Payne of using his mental illness as an “excuse” for bad behavior; Payne has allegedly assaulted five women, and while Payne felt he has served enough time in prison and claimed if imprisoned he would still come out mentally ill, Anderegg told the judge that Payne should be “rewarded” for his past violent behavior with a sentence of up to 15 years in prison. Payne claims he is fully committed to continuing psychiatric treatment in order to rehabilitate himself.

Payne was also ordered by the judge to pay more than $58,000 in restitution for Janssen’s medical bills.

Michigan criminal defense attorneys know the severe penalties individuals convicted of assault crimes face. First-time offenders who are convicted of assault with intent to commit great bodily harm less than murder will face punishment which includes fines of up to $5,000 and prison time of up to 10 years according to Michigan Penal Code 750.84. Because of his status as a second-time habitual offender, Payne will spend up to 15 years in prison.

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