Michigan Criminal Lawyers Blog

April 12, 2016

Major Drug Trafficking Ring Shut Down as DEA Confiscates 31 Kilos of Cocaine and $2.4 Million in Cash

Following an 8-month-long investigation by a DEA task force which netted $2.4 million in cash and 31 kilos of cocaine in the Baltimore area, four men are now facing federal drug charges. According to news reports at CBS in Baltimore, the major drug trafficking ring has ties to a Mexican drug organization. DEA Special Agent Karl Colder said following the massive drug bust that the task force has “just disrupted a major cell here in the area.”

Authorities say the men were disguising the drug deal organization as KMKJ Trucking, and transporting large amounts of drugs into Maryland from Mexico. DEA agents received a tip about the company, and on Friday discovered nearly 60 lbs. of cocaine inside a vehicle leaving unit L at the alleged trucking company’s warehouse. Two days earlier, the men reportedly unloaded a tractor trailer at that same warehouse.

Investigators also served a search warrant at one of the men’s homes, and discovered duffel bags in the basement containing more than $2 million dollars in cash that was vacuum-sealed, along with a ledger detailing the drug transactions. Those arrested in the drug trafficking scheme include 64-year-old Hector Hernandez-Villapando, two of his sons, and William Cornish, who news reports refer to as an accomplice. All of the men now face life in prison if convicted.

April 11, 2016

MA Middle School Principal Arrested for Drunk Driving, Placed on Administrative Leave

by Scott Grabel

On April 3, Debra Gately, Principal at Dedham Middle School was arrested at approximately 12:45 a.m. by Weston police for driving while intoxicated. According to news reports, Gately’s blood alcohol content at the time of her arrest was .19 percent, more than twice the legal limit of .08 percent. Gately, who is 44 years old, submitted to a chemical breath test and field sobriety tests, which she failed. She has pleaded not guilty to the charge.

Gately admitted to Weston Officer Robert Powell that she had consumed three vodka drinks. Powell said that Gately’s speech was significantly slurred, her eyes glassy, red, and bloodshot, and that her breath smelled strongly of alcohol.

Gately, who was selected by the Massachusetts Secondary School Administrators Association as middle school principal of the year for 2015, has been placed on administrative leave as the investigation continues. She was spotted by a Waltham police officer who claimed Gately was driving erratically on I-95 before pulling off the interstate into the parking lot of a day care center. The officer, who said she nearly crashed four times, followed Gately and took her car keys before Weston police arrived on the scene.

April 8, 2016

Detroit Woman Charged with Reckless Driving Causing Death Following Crash at Former Tiger Stadium Grounds

by Scott Grabel

On Saturday, April 2, a woman was speeding along on Michigan Avenue near Trumbull on a stretch of bumpy and deteriorated road when she allegedly stuck another car that in turn struck a man who came to Detroit from Pelkie. His body was thrown over a fence, where he was pronounced dead.

According to news reports, 33-year-old Shayla D. Tucker was driving the vehicle that started the chain reaction. The vehicle she struck at approximately 1 a.m. then struck 35-year-old Paul Pesola, whose body was propelled over an eight foot high fence into the former Tiger Stadium grounds. Initially police believed Pesola’s death was a homicide, however they put two and two together and connected his death to the prior morning’s crash the next day.

Tucker was taken to an area hospital before being taken into custody by police. She has been charged with Reckless Driving Causing Death, and is scheduled to be arraigned on April 8.

April 7, 2016

New Trial Ordered for Oklahoma Woman Whose Murder Conviction was Reversed by Appeals Court

by Scott Grabel

In June of 2014, Loretta Hawks, who was 35 years old at the time, was found guilty of first-degree murder in the stabbing death of 47-year-old Arthur Strozewski in August of 2012. News reports call the incident a “home invasion style murder.” Hawks allegedly participated with two others, all three charged with murder, kidnapping, and burglary.

Testimony at trial indicated that Hawks had lived with the victim, who threw her out of the home earlier on the day he was killed. She reportedly returned to the home later that evening with the two co-defendants. At the time the three went to Strozewski’s home, his two teenage children were also present. While the victim’s daughter was able to call 911, Strozewski and his son were allegedly bound with duct tape. The victim was then stabbed to death.

Earlier this week, Hawks’ conviction and life prison sentence were reversed by the Oklahoma Court of Criminal Appeals, and a new trial ordered. Hawks claimed in her appeal that the evidence she aided the co-defendants or participated in the murder of the victim was insufficient. While the conviction and sentence were reversed, news reports do not reveal what the court based its decision on.

April 5, 2016

Flat Tire Results in Drug Charges for Cincinnati Teen

by Scott Grabel

On Sunday, April 3, a 19-year-old Cincinnati man was arrested on drug charges after he drew the attention of Madison County Sheriff’s Dept. deputies by stopping suddenly on Interstate 75.

According to news reports, Christian Michael Spaulding was traveling in a southbound direction on the interstate when he went off the roadway after crossing all lanes of traffic. Upon exiting his vehicle, it continued moving forward. When deputies arrived at the scene, they noticed Spaulding’s speech was slurred, and that he was having problems maintaining his balance. Deputies asked Spaulding what was going on, to which he replied he had a flat tire. The citation claims that when asked if deputies could search his vehicle, Spaulding refused.

A canine unit was deployed by deputies, which resulted in the dog alerting to the presence of drugs in the vehicle. Upon searching, officers discovered a baggie containing four Xanax pills, six empty baggies, and several baggies of marijuana packaged for delivery.

April 4, 2016

Centennial Crash Caused by Intoxicated Teen Leaves Two Dead

by Scott Grabel

On Friday, April 1, an 18-year-old man was charged with one count each of DUI, possession of a forged instrument, reckless driving, and two counts of vehicular homicide after a crash on Colorado Boulevard resulted in the deaths of two women.

Taden Jones was reportedly crashed into another vehicle just after 3:30 p.m. on Friday as he was driving in the area of South Colorado Boulevard and East Peakview Circle in Centennial. Two women were inside the vehicle Jones crashed with, one of them ejected from the vehicle who died at the scene. The other woman was injured and taken to a hospital, where she later succumbed to her injuries.

Jones and a passenger in his vehicle were not injured. Jones was arrested and booked at the Arapahoe County Detention Facility, his bond set at $50,000.

April 1, 2016

Bay County Man May Avoid Prison Following 100 mph Drunk Driving Crash in Which Friend was Injured

by Scott Grabel

In August of 2015, 20-year-old Jared Gerhardt was charged with a single count of operating a motor vehicle while intoxicated causing serious injury. The accident took place in March, when Gerhardt was allegedly driving 100 mph before his Camaro veered toward a sign and ultimately left the road before rolling numerous times and coming to rest in a field.

Three people were in the vehicle when the crash occurred; Gerhardt, 20-year-old Austin Myers, and 17-year-old Wyatt M. Barry. Myers and Gerhardt were thrown from the car during the accident. Barry ran to a nearby residence for help, and told deputies upon their arrival that Myers had been driving Gerhardt’s Camaro initially, but at some point the two switched places. Before the crash occurred, news articles indicate Myers grabbed the wheel while Gerhardt was driving when the vehicle began leaving the road, then Gerhardt overcorrected causing him to lose control.

Gerhardt, now 21 years old, pleaded guilty to the charge which is a felony punishable by up to five years in prison. Austin Myers suffered a broken arm in the crash, and Gerhardt was very remorseful in court according to reports, saying that he made a very bad decision and got behind the wheel under the influence. He also said he felt bad that his friend was hurt in the accident.

March 29, 2016

Odessa Woman Arrested after K-9 Unit Finds Drugs in Vehicle

by Scott Grabel

On Saturday, March 26,a 25-year-old Odessa, NE woman was arrested after a police K-9 unit detected methamphetamine in the vehicle she was driving. Ashley Foged was stopped by Beatrice police after she failed to signal while making two right turns.

According to court documents, an officer observed Foged’s vehicle as she turned right onto Market Street, then turned right onto 12th Street. Both times, the officer claims she failed to signal. Upon being pulled over, Foged identified herself but could not produce a driver’s license as it had been suspended earlier this month for failure to comply.

Police searched the vehicle after the K-9 unit was dispatched to circle Foged’s Mitsubishi SUV and alerted to the presence of drugs near the driver’s side door. Officers discovered a white substance on a digital scale that was determined to be methamphetamine, along with a marijuana pipe containing residue.

March 28, 2016

Napa Resident Faces Felony DUI Charge for 4th Drunk Driving Arrest in 10 Years

by Scott Grabel

Recently, 27-year-old Jose A. Ortiz of Napa was stopped by St. Helena Police officers after failing to stop at a stop sign. Now, Ortiz faces a felony DUI charge after it was determined it was Ortiz’s fourth arrest for driving under the influence within the last 10 years, according to news reports.

Ortiz allegedly turned onto southbound Main Street from eastbound Spring Street without stopping; officers also noted that Ortiz sped up to 41 mph in a 25 mph zone before they pulled him over, according to Sgt. Chris Hartley.

Hartley claims that Ortiz had a BAC (blood alcohol content) above the .08 percent legal limit in California upon taking a breath test. He also failed field sobriety tests, and was arrested on suspicion of driving under the influence. A fourth DUI arrest in California is charged as a felony rather than a misdemeanor. Ortiz was booked into the Napa County Jail.

March 24, 2016

Minnesota Appeals Court Upholds Arson Conviction of Restaurant Owner

by Scott Grabel

Recently, a three-judge panel of the Minnesota Court of Appeals upheld the 2014 arson conviction of 44-year-old Mark Misgen, owner of two pizza restaurants who was found guilty of burning down his family home in 2011. According to news reports, Misgen and his wife owned restaurants in Ellendale and Lonsdale, and were in substantial debt when Misgen burned the home down to collect insurance money.

Misgen was charged in May 2013 with the 2011 burning of his home, and according to news reports had inquired about insurance settlements and how fires are investigated as testified to by a co-defendant. Prosecutors argued that the couple had written hot checks and allowed bills to go to collections due to the financial strain they were under.

Allegedly owing $124,000 in mortgage payments and $160,000 between the two restaurants, Mark Misgen also reportedly owed child support and other debts. Court documents revealed that in 2011 before their home burned, the Misgens had taken out a $612,000 insurance policy on their property. The Ellendale home was destroyed after two fires occurred within hours of each other, fires that investigators concluded were intentional.