Michigan Criminal Lawyers Blog

October 16, 2015

Customer at Auburn Hills Home Depot Shoots Out Tire of Shoplifters’ Getaway Car

On Tuesday, October 6, two men were allegedly shoplifting at a Home Depot in Auburn Hills when a customer who was permitted to carry a concealed firearm shot out a tire of the men’s getaway vehicle, a Kia SUV. While the woman had not been charged with a crime at the time of news reports, the two men had been taken into custody. According to Mlive.com, it is likely the men will be charged with first-degree felony retail fraud.

On Friday, October 9, Auburn Police Lt. Jill McDonnell announced the two were in custody. While the men were not named, it is known they are both from the Flint area, and are 52 and 46 years old. On Wednesday, police released surveillance video which helped them locate the getaway vehicle at the home of the 46-year-old suspect.

An updated news report at The Oakland Press revealed on October 13 that the 46-year-old woman who fired at the suspects’ vehicle in the parking lot, Tatiana Duva-Rodriguez, has now been arrested and charged with misdemeanor reckless use, handing, or discharge of a firearm. If found guilty, she could face a fine and/or up to 90 days in jail.

October 15, 2015

Minnesota Man Found Guilty of Killing Police Officer Appeals Conviction

by Scott Grabel

On February 2 of this year, 40-year-old Brian Fitch Sr. was found guilty of the murder of Scott Patrick, a Mendota Heights police officer; he was also convicted of the attempted murder of three other officers. Fitch allegedly shot Patrick during a traffic stop in West St. Paul in July of 2014.

According to news reports, Fitch was a known drug dealer. He was driving a Pontiac Grand Am the day of the shooting, a vehicle that did not belong to him. Because of this, Patrick was not aware of Fitch’s criminal history when he stopped him, and was shot three times from the driver’s side window. He died instantly, although eyewitnesses to the incident nor squad car video could positively identify Fitch. Fitch was arrested in St. Paul later that day and charged with murder and attempted murder following a shootout that took place prior to his arrest.

It was announced on KARE 11 yesterday that Fitch is now appealing his conviction. Fitch claims that he should have been tried in two different counties, as the fatal shooting of Patrick occurred in one county, while the shootout with police who were attempting to apprehend him took place in another county. News reports state jurors were drawn from Ramsey and Dakota counties in the consolidated trial.

October 13, 2015

Midland, TX Teacher Resigns Following Federal Arrest on Drug Charges

by Scott Grabel

On Saturday, October 10, a teacher at Lee High School in Midland resigned her position as a computer technology teacher after she and her husband were arrested by federal agents for allegedly transporting and distributing methamphetamine. Theresa Renee Stroud, 47, and her husband Stacy Stroud, 52, were arrested by DEA agents and are facing federal charges, according to news reports. DEA spokesman Dente Sorianello stated that more than three ounces of meth was seized.

Midland County Sheriff Gary Painter told news sources that federal officers had been watching the couple for more than 30 days prior to the arrest, and that they did not suspect Stroud of taking drugs into her high school classroom. He went on to say that when she was apprehended, Theresa Stroud had narcotics on her person, and that more were found during the booking process when she was booked into jail.

At the time of news reports, Stroud and her husband were being held at Midland County Jail for the U.S. Marshals Service. Bond had not been set at that time.

October 12, 2015

San Diego County Prosecutor Could Face Up to One Year in Jail if Found Guilty of DUI, Other Charges

by Scott Grabel

Last week, 39-year-old Rebecca Ocain, a San Diego County prosecutor, pleaded not guilty to charges of hit-and-run and driving under the influence after she allegedly crashed into a cemetery retaining wall and fled the scene. Ocain pleaded guilty to a drunk driving charge in 2014, according to a news article at The San Diego Union-Tribune.

Glass of whiskey

Ocain’s trial is scheduled for early November as she faces three misdemeanor charges in connection with the incident which occurred on August 8. California Highway Patrol alleges that Ocain was driving east at just after 10 p.m. on Victoria Park Terrace in Alpine when she failed to stop at a stop sign and crashed into the retaining wall at the Alpine Cemetery. A deputy saw her when she got out of her vehicle and started walking away from the scene.

October 9, 2015

Ex-Oak Park Deputy City Clerk Faces Embezzlement Charges

by Scott Grabel

Recently, 42-year-old Stephanie Sumner, an ex-Oak Park deputy city clerk, was ordered to stand trial on charges of embezzlement after she and her husband, Michael Sumner, stole more than $433,000 while she was employed by the city. According to a news report at The Oakland Press, all of the money has been spent.

Copyright David Hardman

Oakland County Sheriff’s Sgt. Christopher Cole said that investigators were not able to recover any of the money, and that it did not appear it was spent on anything illegal. Cole said the Sumners did not make any large purchases, that the money was used as it came in on ordinary, everyday items.

October 8, 2015

Man Convicted in 1990 Stabbing Death of Utah Tourist Freed by Judge

by Scott Grabel

In 1990, Johnny Hincapie, a Colombian immigrant, was one of seven men convicted in the stabbing death of 22-year-old Brian Watkins, a Utah man who was in New York with his parents for the U.S. Open tennis tournament when he was killed in a subway station. Now, Hincapie has been set free on a $1 bail by State Supreme Court Justice Eduardo Padro, who said new evidence that Hincapie may not have been involved in the crime warranted a new trial.

Hincapie has been in prison for more than two decades and was sentenced to 25 years to life in stabbing death of Watkins. During his incarceration, he has completed high school and earned both a bachelor’s and master’s degree, according to a news article at Kutv.com. Hincapie maintains he is innocent of the allegations against him, and said that he was in a different area of the subway station when the stabbing occurred. He is now 43 years old.

Watkins and his parents were on their way to dinner when according to police, the family was jumped by a group of young men who were attempting to rob money from innocent people so they could go to a dance hall. Watkins’ mother was reportedly kicked and punched by the gang, his father slashed. Watkins is said to have chased the gang of attackers up two stairways after being stabbed in the chest before he collapsed beneath a turnstile.

October 6, 2015

House Called ‘Problematic’ in Terms of Drug Activity in Comer, Another Woman Arrested

by Scott Grabel

On September 29, a 32-year-old Colbert, GA woman was arrested at a home in Comer where police say drug activity is common. According to a news article at Onlineathens.com, Comer Police Chief Dennis Bell said that people end up getting charged with drug crimes every time police are called to the home, located on Gholston Street. Bell said that drastic action may have to be taken to bring the drug activity to a halt.

Bell said that although the homeowner does not live at the location, the homeowner has been notified that an attempt may be made through the courts to seize the property.

In the most recent incident, the homeowner called police claiming that a woman, Kellie Gorman, was refusing to leave the home. Gorman agreed to leave the premises when a police officer arrived. According to Bell, Gorman had no identification other than a piece of paper that was cut out of Madison County Jail booking information. She was on probation, and consented to a search of the property.

October 5, 2015

New Bedford Man Drives. in Wrong Direction on I-195, Arrested for DUI

by Scott Grabel

On Sunday morning October 4, a New Bedford man was arrested after it was suspected he was under the influence of alcohol. 24-year-old Marvin Hernandez was reportedly driving in the wrong direction on the highway, according to Rhode Island State Police.

Hernandez was allegedly traveling in an Eastbound direction on Route I-195 west when he was seen going in the wrong way by East Providence and Seekonk police. State troopers also observed Hernandez driving in the wrong direction.

According to an article at ABC 6 News, Hernandez only stopped when a Medtech ambulance flashed its emergency lights at the vehicle; other motorists had also observed the suspect traveling in the wrong direction, and reported it to 911. Hernandez’ vehicle was stopped in the breakdown lane facing Eastward on I-195 West. Rhode Island State Police Col. Steven O’Donnell confirmed the suspect was driving in the wrong direction just after 2:30 in the morning. Hernandez was arrested on the scene, and transported to the Lincoln Woods Barracks.

September 29, 2015

Two Union County Teens Face Drug Charges Following Traffic Stop

by Scott Grabel

Over the weekend, two 19-year-olds were arrested in Perry County in Illinois following a traffic stop in Tamaroa. Both of the men are from Union County, according to a news article at The Southern.

Nathan Sadler of Anna and Jason Goodman of Jonesboro were arrested after they were stopped by a Perry County Sheriff’s deputy for improper lane usage; Goodman was driving the vehicle in which marijuana, cocaine, and Adderall were found when the deputy searched the vehicle. The men admitted marijuana was present in the vehicle, which prompted the search after authorities thought the teens seemed nervous.

The two teens were taken to the Perry County Jail; both were charged with possession of cannabis, possession of drug paraphernalia, and possession of a controlled substance. Goodman was also given a traffic ticket for improper lane usage.

September 28, 2015

Indiana School Bus Driver Suspended Following OWI Charges Involving Drugs

by Scott Grabel

Last week, a 53-year-old school bus driver who had been with the Hamilton Heights School Corporation since 2001 was suspended after she allegedly operated the bus while intoxicated. According to a news article at Fox59, Janet Kay Shaw was under the influence of drugs when the school bus ran off the side of the road with 23 students on board.

The drugs found in Shaw’s handbag included Hydrocodone, Valium, and Soma. Parents of some of the students on the bus were alerted by their children via cell phones that the bus went off the roadway; the parents then contacted school officials. When the bus veered off the road, it was going approximately 40 mph according to investigators. Several power outages were reported, with one student who was waiting for the bus claiming he saw it go off the road when a “big green spark” flew in front of him. Noah Chapman, the 7th grade student who witnessed the crash, decided not to get on the bus. News reports indicate the bus struck a utility pole wire before returning to the road.

Several middle and high school students who were on the bus complained of headaches and minor aches and pains; they were treated by a school nurse. Upon arrival at the school, Shaw was removed from the bus immediately. She was suspended pending the next HHSC Board of School Trustees meeting where recommendation for termination will be presented.