Michigan Criminal Lawyers Blog

February 29, 2016

Oakland Resident Arrested for DUI, More After Allegedly Striking, Killing Man Outside his Car

Recently, 31-year-old Keri Cache of Oakland, CA was arrested after she allegedly struck and killed a pedestrian while driving under the influence. According to news reports, a 28-year-old man was struck by Cache as he was outside of his vehicle checking a tire. The victim reportedly careened down an embankment along the freeway after being hit.

An off-duty Berkeley police officer claims he saw Cache in her Chevrolet Malibu on eastbound Interstate Highway 80 as she was driving at about 75 mph in the slow lane and weaving back and forth. Soon after she crashed into the victim’s Toyota which was pulled over on the shoulder of the highway.

According to the officer, Cache continued on and did not stop at the scene of the accident. He then alerted authorities and continued his pursuit of the Malibu as it exited the highway, then pulled into a grocery store parking lot where Cache allegedly drove in circles before leaving. After exiting the parking lot, CHP reported she ran a red light and returned to the Interstate, where she was eventually apprehended by an officer and pulled over.

February 26, 2016

Michigan Man Accused of Shooting Girlfriend Located in Muncie

by Scott Grabel

On Thursday February 25, it was announced that Victor Peery, a Michigan man wanted for shooting his girlfriend in her Kalamazoo apartment on Sunday, had been captured in Muncie. On Wednesday, the Muncie Police Dept. SWAT team served a search warrant at a residence in Muncie, and arrested Peery along with two other men. Peery now faces preliminary charges of assault with intent to murder, domestic assault, felon in possession of a firearm, and felonious assault in the attack on the 20-year-old woman.

According to news reports the shooting occurred just before 11:30 p.m. on Sunday. Kalamazoo Public Safety officials said the woman fled to a neighbor’s home after suffering wounds in a shoulder and arm.

In addition to the above charges, Peery and the two other men, 21-year-old Jamarr Hill and 24-year-old Tavion Da’Rae Wallace face preliminary charges in Indiana for possession of cocaine, possession of heroin, and receiving stolen property. Peery was captured at a home on Princeton Avenue, which is where police found several handguns along with 11.5 grams of cocaine and 19.5 grams of heroin.

February 23, 2016

Rochester Drug Bust Results in Major Drug Charges for Father & Two Sons

by Scott Grabel

In December of last year, a “suspicious” FedEx package was intercepted by New York State Police officers; the package was reportedly addressed to a fictitious name, and contained more than 600 grams of heroin. Last week, search warrants were executed at the suspects’ residences and a storage unit suspected to be used by the defendants, 51-year-old Victor Rivera, 25-year-old Chayanne Rivera, and 31-year-old Blake Rivera.

According to news reports, authorities seized large amounts of cocaine, heroin, cash, and guns in the drug bust, calling the three men “major suppliers” and not small-time dealers. On February 22, father and sons were arrested and charged with conspiracy to possess with intent to distribute 280 grams or more of crack cocaine, five kilograms or more of cocaine, and 100 grams of heroin. The men were also charged with possession of firearms in furtherance of drug trafficking.

Overall, officers discovered numerous firearms, drugs, and cash at the three residences where the men lived. Items found during the searches included an assault style rifle, a 9mm handgun and .357 magnum revolver, 12 gauge shotguns, an AK 47 style firearm, more than $375,000 in cash, ammunition, and more. Officer say they seized a total of about 8.3 kilograms of cocaine and half a gram of crack cocaine along with the 100 grams of heroin. If convicted, the men could face a life prison term along with a $10 million fine; the mandatory minimum sentence is 15 years in prison.

February 22, 2016

Michigan State Trooper Charged with DUI Back on Patrol After Accepting Plea Deal

by Scott Grabel

In January of last year, Michigan State Police Trooper Sammy Seymour Jr. was pulled over while off duty in Ludington. He was initially charged with operating a motor vehicle while intoxicated and open intoxicant in a vehicle, however the judge dismissed the second charge because the beer can which would have contained fingerprints had been discarded, and the officer failed to check the box on the ticket. Seymour was placed on administrative leave, but is now back on road patrol out of Cadillac after recently pleading guilty to reduced charges.

Although Seymour was driving a Volkswagen Jetta at the time he was pulled over, a negotiated plea deal allowed him to plead guilty to operating an off-road vehicle (ORV) while visibly impaired. Through this plea negotiation, Seymour will not have restrictions placed on his driver’s license. The trial judge in the case suppressed the results of a Datamaster breath alcohol test, which meant the jury would not have heard this evidence had the case gone to trial. This would have made obtaining a conviction difficult for prosecutors.

The first trial took place in May of last year, however the judge declared a mistrial after the jury became deadlocked. While prosecutors intended to put Seymour on trial once again and appealed the suppression of the Datamaster breath results by the judge, a higher court judge agreed that suppression of some of the evidence was proper, including roadside statements made during the traffic stop and results of certain field sobriety tests.

February 19, 2016

Ypsilanti Township Man Pleads No Contest in Death of Man Attempting to Run Away Following Fight Over Woman

by Scott Grabel

In August of last year, 33-year-old Martez Terrill Gardner of Ypsilanti Township reportedly shot a man at a Citgo gas station as the man was trying to run away after the men had become involved in an argument who one witness said was over a woman. Gardner was charged with first-degree premeditated murder initially, but has now accepted a plea deal in which he pleaded no contest to second-degree murder.

Gardner was also charged with carrying a weapon with unlawful intent, possessing a firearm as a felon, possessing ammunition as a felon, three counts of felony firearm, and illegally carrying a concealed weapon.

Gardner is a habitual offender, having served time for unarmed robbery, malicious destruction of fire or police property, and probation for other criminal charges. Under the plea agreement his habitual status and first-degree murder charge will be dismissed at sentencing. After pleading no contest, he will serve 30 to 55 years for the death of 25-year-old Derius James.

February 17, 2016

Louisiana Woman Crashes Vehicle, Deputies Find Drugs That Result in Arrest

by Scott Grabel

On Valentine’s Day, a Heflin, LA woman was involved in a rollover crash that ultimately resulted in her arrest. According to a news article at the Minden Press-Herald, 54-year-old Pamela Doyle crashed her vehicle at the intersection of Tillman Church Rd. and Highway 371.

A deputy with the Webster Parish Sheriff’s Dept. arrived at the scene of the accident, finding Doyle had a laceration to the head; she complained of head pain, and was transported to a local hospital for treatment. While en route to the hospital, deputies found a glass pipe with what they suspected was methamphetamine crystals on it. According to the police report, when deputies inventoried the vehicle they saw the pipe and meth in “plain view” in the passenger side floorboard.

Deputies also searched Doyle’s handbag and found a substance they suspected to be methamphetamine in a plastic baggie. They also reportedly discovered Xanax pills in her purse upon further processing.

February 16, 2016

Rochester Judge Pulled Over on Way to Court, Arrested for Drunken Driving

by Scott Grabel

Early Saturday morning February 13, 34-year-old Leticia Astacio was pulled over on Interstate 490 by New York State troopers. Astacio, who is a Rochester City Court judge, was arrested for drunken driving after she refused to take a breathalyzer test.

News reports at Syracuse.com and CBS news revealed troopers were dispatched to an area near Mount Read Blvd. on I-490 at approximately 8 a.m. on Saturday when a one car accident was reported. It is believed the judge’s vehicle was the car in the accident, according to Trooper Chris Kowalski.

Astacio was on her way to court to preside over criminal court arraignments when she was stopped. Following her DUI arrest, another judge was called in to replace her. Astacio was released with an appearance ticket, and is scheduled to appear in court on the misdemeanor DWI charge in March. The appearance ticket issued to Astacio was designated DWI with refusal.

February 15, 2016

Owner of Race Timing Business in Bloomfield Hills Pleads Guilty to Filing False Tax Return

by Scott Grabel

Recently, the owner of Simmco Data Systems, a company that was one of the first to use RFID for timing of track marathons, pleaded guilty to filing a false tax return. According to a press release issued by U.S. Attorney Barbara L. McQuade and IRS Criminal Investigation Special Agent in Charge Jarod J. Koopman, 51-year-old David Simms pleaded guilty to charges after admitting that he did not report the full profits generated by his business on his 2011 Individual Tax Return.

Simms reportedly runs Simmco Data Systems from his Bloomfield Hills home, and while he did report some of the profits generated by his business for 2011, he failed to report the full $622,000 the company made that year, resulting in reporting of less taxes than the more than $230,000 he actually owed. He did this knowingly, according to the release.

According to Koopman, Simms’ goal was to reduce the amount of tax owed by omitting a portion of his income. Koopman said that individuals who purposely fail to report and pay their fair share of taxes will be investigated and prosecuted to the fullest extent of the law.

February 12, 2016

Prosecutor Dismisses Case Against Pinconning Man Facing Drug Charges

by Scott Grabel

In December of last year, 24-year-old Jonathan J. Pilat was pulled over by Michigan State Troopers after he was spotted in a cemetery and troopers noticed upon him leaving that the license plate light on his vehicle was inoperable. Upon pulling Pilat over, troopers noticed a plastic baggie in Pilat’s right hand, and had him get out of the Ford sedan he was driving. According to news reports, the white powder in the baggie was tested and found to be methamphetamine.

Pilat allegedly told police he purchased the meth from another Pinconning man for $15. He was arrested and charged with one count of possession of methamphetamine, an offense punishable by up to 10 years in prison along with fines of up to $15,000. Pilat said he was in the cemetery because he was in the midst of a divorce, and was gathering his thoughts.

A few weeks later, the prosecutor in the case requested that the charge against Pilat be dismissed; his request was granted by Bay County District Judge Timothy J. Kelly on February 1. There was no reason given as to why the charge was dismissed, and the prosecutor could not be reached for comment.

February 11, 2016

Appeals Court Overturns Conviction in Wire Theft Case

by Scott Grabel

In 2014, Chad Colton Bass was convicted in Lewis County in Washington State on charges of first-degree trafficking in stolen property, second-degree burglary, and third-degree theft in connection with the stripping of recyclable metals from a power pole in Centralia.

At trial, Bass testified that he believed the former owner of the home where the power pole was located had given permission for him to cut the wire from the pole; he maintained that he was not aware the residence was bank owned following foreclosure proceedings. An employee with the city of Centralia discovered the cut wire, and matched the cut end with wire sold at a metal recycler.

While his convictions for the second-degree burglary and third-degree theft charges were upheld, the Washington State Court of Appeals overturned the first-degree trafficking in stolen property conviction, ordering a new trial after finding the trial court refused to allow the jury in the case to consider second-degree trafficking in stolen property, a lesser charge. Appeals court judge Bradley A. Maxa wrote in his decision that in refusing to provide the jury with instructions regarding second-degree trafficking in stolen property, the trial court erred. The appeals court reversed the first-degree conviction and is now remanding the case back to court for a new trial.