Michigan Criminal Lawyers Blog

January 21, 2016

Los Angeles City Councilman’s Conviction for Voting Fraud & Perjury Overturned by Appeals Court

In 2014, former Los Angeles city councilman Richard Alarcon and his wife, Flora, were convicted on charges of perjury and voting fraud. According to news reports, the couple lived in Sun Valley, but claimed they lived in Panorama City so that Alarcon could represent the district. The Alarcons appealed the conviction, and were successful.

According to an article at the Los Angeles Times, a panel of justices with the 2nd District Court of Appeals found the trial judge in the case had issued improper instructions to the jury. Superior Court Judge George Lomeli instructed the jury in the case, however the appeals court justices ruled that “we cannot conclude that the instructional error was harmless beyond a reasonable doubt.”
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January 19, 2016

Family Members Busted for Dealing Drugs in PA

by Scott Grabel

A months-long investigation led to police executing a search warrant at a home in Coolbaugh Township in PA, according to a news article at WFMZ.com. Upon searching the home, police found loaded guns, cocaine, heroin, and marijuana throughout the home.

The Pocono Mountain Regional Police Dept. announced on Monday that five adults were arrested following the search, and an arrest warrant issued for a sixth. A 4-year-old child was taken from the home by Monroe County Children and Youth Agency, while a 16-year-old boy was put in juvenile detention. The ages of the adults arrested so far range from 22 to 54. The man police are still searching for is 28-year-old Andrew Turner, who wasn’t at the residence at the time of the search.
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January 18, 2016

Miss Washington USA Resigns Amidst Controversy Surrounding April 2015 DUI Arrest

by Scott Grabel

Last Thursday, co-executive producer of Northwest Productions announced on her Facebook page that Miss Washington USA Stormy Keffeler had resigned, and that Kelsey Schmidt, first runner-up, would assume the title. Keffeler’s resignation is reportedly in connection with a DUI arrest in April of last year.

According to news reports, Maureen Francisco, the co-executive producer who works with Miss Washington USA, was unaware at the time of the October pageant that Keffeler had been arrested on DUI charges in April after being pulled over while driving on two flat tires. Court documents claim her BAC (blood alcohol content) level was almost three times the legal limit of 0.08 percent.
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January 15, 2016

Appeals Court Upholds Second-Degree Murder Conviction of Man Convicted of Killing Cousin

by Scott Grabel

In May of 2014, Kyle Wilson of Alpine Township was found guilty of second-degree murder in the death of his cousin Brandon Nelson. The two men shared an apartment; Wilson allegedly beat Nelson in a dispute over pizza.

According to news reports, Wilson fled the apartment after beating his cousin, taking his cell phone and wallet. He claimed he was acting in self-defense, although investigators discovered blood spatters in the apartment that indicated the victim had been struck numerous times while on the floor. Wilson appealed his conviction, however the Court of Appeals upheld it in part because of this evidence. Wilson is currently serving a 46 to 150 year sentence. He had previously been convicted of killing a 15-year-old boy in a dispute over money, and had served several years in prison before his 2013 release, at which point he moved in with Nelson, his cousin.

After living with Nelson just five months, the two became involved in an argument over rent and pizza. Wilson claims that Nelson shouted at him that we wanted to kill him, charged him, and that he was frightened. When his cousin charged him a second time, Wilson claims he struck him twice in the head; he also claims he never hit Nelson after he was down on the floor.

January 14, 2016

15-year-old Girl Charged in Murder of Mother, Boyfriend in Brooklyn

by Scott Grabel

Just before the new year, a 15-year-old girl allegedly shot and stabbed her mother along with her mother’s boyfriend, according to news reports at The New York Times. The girl, Destiny Garcia, is charged with the murder of her mother, 38-year-old Rosie Sanchez, and 40-year-old Anderson Nunez, Sanchez’s boyfriend. The bodies were discovered a few days later when police were brought to the apartment the couple shared on Batchelder Street in Brooklyn.

Garcia’s mother sustained multiple gunshot wounds, and was found in an easy chair; her boyfriend had both gunshot and stab wounds, and was discovered on the floor. The girl has been charged with two counts of criminal possession of a weapon and two counts of second-degree murder.

Prosecutors said that Garcia had confessed to the murders on videotape; it was also revealed that another individual helped her in the killings. Garcia told detectives that her actions were self-defense, and that she had been abused physically by her mother in the past.

January 12, 2016

Arizona Man Arrested on Felony Drug Charges Following Traffic Stop

by Scott Grabel

On Friday January 8, a Needles man was arrested by Mohave County Sheriff’s deputies after drugs were found in the vehicle of 56-year-old Stewart Randolph Daman during a traffic stop.

According to news reports, deputies pulled Daman over at about 11:30 p.m. He was arrested on possession of drug paraphernalia, driving with a suspended license, suspicion of possession of dangerous drugs, failure to pay fines warrant for driving with a suspended license issued in 2007, and a warrant for possession of drug paraphernalia issued by Bullhead City Justice Court. Authorities performed a records check and found Daman had a suspended license as well as outstanding warrants.

Upon searching the vehicle deputies found two plastic bags that after field testing proved to be methamphetamine. A glass pipe with burnt residue was also found in the vehicle. When questioned, Daman claimed he did not know the drugs were in the vehicle, and that they could belong to his brother. He was taken into custody without incident, and booked into the Mohave County Jail.

January 11, 2016

Florida Woman Arrested for DUI, Allegedly Drove Recklessly with Four Children in Vehicle

by Scott Grabel

On January 9, a Florida woman was arrested in Melbourne, FL after a passerby noticed she was driving at a high rate of speed without headlights, zigzagging through traffic on U.S. 1. The passerby reported the woman’s driving to authorities, who pulled over 33-year-old Jacquelyn Tadrous. Although she was said to be driving recklessly with four children in the vehicle, police also noticed she appeared to be intoxicated, and had open containers of alcohol inside the vehicle.

The incident occurred at about 11:30 p.m. according to news reports. The children in the vehicle ranged from two to 16 years of age; Tadrous faces charges including child neglect, violation of probation, and driving under the influence. In addition, police said she was on probation for a July 2015 DUI conviction, and driving on a suspended license. Tadrous, a Rockledge resident, was incarcerated at the Brevard County Jail and held without bond pending her court appearance on Monday, January 11.

In the state of Michigan, anyone who drives while under the influence of alcohol or drugs with a child or children younger than 16 may be charged with child endangerment. While charges of driving under the influence are serious, DUI with a child in the vehicle are even more serious. Considering Tadrous was on probation for a 2015 DUI conviction, the criminal penalties she will face if found guilty will likely be enhanced.

January 8, 2016

Second Auto Theft in Ypsilanti Over the Last Week as Running Car Gets Stolen from Driveway

by Scott Grabel

On Thursday January 7, a car that was left running in a driveway in Ypsilanti was stolen according to a news report at Mlive.com. Authorities say the car, a 2005 silver Chevrolet Impala, was at a residence in the 1000 block of Nash Avenue when the incident occurred.

Two unknown suspects were last observed driving the vehicle north on Nash. The car is reported to have a dent in the front driver side quarter panel, and a paper plate in the rear window.

Just two days earlier, a woman left her vehicle running as she went inside a business in Ypsilanti; her vehicle was gone when she returned just 10 minutes later. This incident occurred in the 600 block of East Michigan Avenue. In this case, the vehicle stolen was a 2010 Ford Fusion, gray in color, with damage to the right side of the front bumper. Reports claim the bumper has duct tape on it.

January 7, 2016

Atlanta Motorist Refuses Test, Judge Lifts Driver’s License Suspension

by Scott Grabel

The majority of the time, a person’s driver’s license is suspended due to driving under the influence of alcohol or drugs. There are other reasons why someone’s license may be suspended, but this article focuses on drinking and driving.

Recently, an article at AJC.com revealed that a judge in Atlanta lifted the suspension of a motorist’s driver’s license after he refused to take a field sobriety test after being stopped for driving 55 mph in a 35 mph zone. David Leoni was stopped by an Atlanta police officer who claimed that while Leoni’s eyes were watery, they were not red. The police officer also claimed that Leoni exited his vehicle and walked without balance problems, and that he answered all questions appropriately. Leoni refused to submit to field sobriety tests, and told the officer he had been sleeping when friends called and asked him for a ride.

On New Year’s Eve, a Georgia administrative law judge ruled that an odor of alcohol on the breath, watery eyes, and even striking a curb are not sufficient evidence to determine that a motorist is drunk and his/her license should be suspended. In this case, the judge ruled that the officer did not have sufficient evidence to arrest Leoni for impairment, because a person’s ability to drive after consuming alcohol varies from one person to another. The judge ruled that a driver could only be considered drunk when he or she became incapable of driving safely while under the influence of alcohol. The judge’s ruling also stated insufficient grounds for the Dept. of Driver Services to suspend Leoni’s license; he restored Leoni’s license pending his criminal case.

January 5, 2016

Three California Men Arrested in $2 Million Marijuana Bust in PA, Including Sheriff’s Deputy

by Scott Grabel

On December 28, three men were arrested in York County, PA after being stopped by authorities as they drove from California to a home in West Manheim Township in two pickup trucks for the purpose of delivering drugs. According to news reports, those arrested include Tyler Long, Ryan Falsone, and Christopher Heath, a California sheriff’s deputy.

The three men were stopped in the Hanover area, not a routine traffic stop. According to York County District Attorney Tom Kearney, police had been operating on intelligence they had received, and were prepared to make the stop. They knew prior who they were going to stop, and the reason for the stop – $2 million in marijuana the men were transporting for delivery. News reports indicate police seized 247 pounds of marijuana during the traffic stop.

Upon his arrest, 37-year-old Heath of Bangor was in possession of his service weapon and badge. Heath, along with Falsone and Long have been charged with possession with intent to deliver marijuana, delivery of marijuana, and criminal conspiracy to deliver marijuana. Each of the three posted a $1 million bail.