Michigan Criminal Lawyers Blog

April 3, 2015

Mississippi Man Convicted of 2009 Murder Loses Appeal

Recently, Darrell Brooks, a Gulfport, MS resident, lost his appeal of his murder conviction for the fatal shooting of 29-year-old David Shivers Jr. in December of 2009. Brooks was convicted in 2011 for the shooting of Shivers, who died in his home. He was sentenced to life in prison without parole.

Brooks appealed his conviction and requested a new trial based on the argument that in his initial trial, there were no eyewitnesses that could link him to the fatal shooting, and no physical evidence supporting the allegations against him. At the time of Shivers’ murder, his mother, brother, and brother’s girlfriend were in the home, but none of the three actually saw the shooting although they did hear a gunshot. The presence of glass from a kitchen window led investigators to believe that Shivers was shot through the window.

The state Court of Appeals said on Tuesday, March 31, that there was evidence that Brooks, whose estranged wife was dating Shivers at the time, followed her; the appeals court also said evidence existed that Brooks had threatened to kill Shivers. In addition, Brooks attempted to secure a gun from two people according to the appeals court, and two witnesses testified at trial that Brooks had requested of them to use them as an alibi for the night in question when Shivers was fatally shot in his Gulfport home. The Court of Appeals denied Brooks’ request for a new trial.

April 2, 2015

Sexual Assault & Campus Safety – April is Sexual Assault Awareness Month

by Scott Grabel

April is Sexual Assault Awareness Month, an effort that began in the 1970’s and progressed over the decades after women in England protested the violence they encountered as they walked the streets after dark. These marches were known as “Take Back the Night,” and as word spread, the protests against violence against women grew. The first SAAM, or Sexual Assault Awareness Month, was observed across the U.S. in April of 2001.

Sexual assault on college campuses has become a growing concern in recent years, as more and more students are sexually assaulted both on and off campus. At Michigan State University, a program has been developed to both create a community that is free of violence and oppression, and respond to the students/families who have been impacted by sexual violence. Unfortunately, rape and sexual assault occur far more often than most people realize. MSU has numerous upcoming events in April addressing these issues, including Healing Through Movement on April 7 and 21, Greater Lansing Take Back the Night on April 8, Race for the Place on April 12, and Lavendar Reception & Mosaic Awards on April 19.

In April of 2014, the White House released “Not Alone, The First Report of the White House Task Force to Protect Students from Sexual Assault.” This report addresses identifying the problem with college campuses and sexual assault, preventing sexual assault on campus, responding by others when sexual assault occurs on a student, and improving the enforcement efforts of the federal government, making these efforts more transparent. The report can be found here.

March 31, 2015

Georgia Middle School Teacher Arrested on Felony Drug Charges

by Scott Grabel

On the afternoon of Sunday, March 29, Terry Pinckney was pulled over for speeding in Hephzibah, GA where he is a teacher at Glenn Hills Middle School. According to news reports, upon pulling Pinckney over on Hwy 25 near Wilson Rd., the officer noticed a strong odor of marijuana.

The officer who arrested Pinckney claims that the teacher kept repeating that he was a teacher, and begged him not to get the K9 to search his vehicle. Upon searching Pinckney’s vehicle, officers discovered 8 marijuana joints which were partially smoked, and four bags of marijuana that in total weighed 30.6 grams. The teacher was arrested and charged with felony possession of marijuana.

While some states have legalized marijuana for recreational use, most have not. It is still a crime in most states to possess marijuana, a crime that can leave individuals facing serious and life-changing criminal penalties. In this case, the defendant’s career and reputation may be ruined in addition to whatever legal consequences he may face.

March 30, 2015

Indiana Man Faces DUI, Child Endangerment Charges in Michigan

by Scott Grabel

On Friday, March 27, 34-year-old Mitchell Majewski of Mishawaka, IN was arrested on DUI and child endangerment charges in Decatur Township after sheriff’s deputies with the Van Buren County Sheriff’s Department witnessed a vehicle weaving in a traffic lane at about 7:30 p.m. The sheriff’s deputies noticed the vehicle drifting in the area of M-51 and 45th Street, according to a news report at Mlive.com.

According to police, Majewski had an open container of beer inside the vehicle, and appeared to be under the influence of alcohol. Upon checking his license, police found that it had been suspended in both Indiana and Michigan. It was also revealed there was a misdemeanor warrant out for Majewski’s arrest issued by the 5th District Court in Niles. Majewski was apparently driving while under the influence with his children, a 5-year-old boy and 9-year-old girl, in the vehicle. The children were turned over to family members.

The article made no mention of whether it was Majewski’s first DUI arrest, however charges of child endangerment and driving on a suspended license are also serious matters. In Michigan, a child endangerment DUI conviction may result in fines of up to $1,000, up to one year in jail, vehicle immobilization, and more for a first offense. Criminal penalties for a first DUI include fines, possible jail time, license suspension, community service, and additional sanctions. Penalties become more severe for repeat offenders, charged with DUI a second, third, or even fourth time. However, when children’s lives are put in danger, the criminal penalties are extremely harsh.

March 27, 2015

Bloomfield Hills Doctor Pleads Guilty to Conspiracy to Commit Health Care Fraud

by Scott Grabel

On Monday, March 23, 64-year-old Kutub Mesiwala of Bloomfield Hills pleaded guilty to conspiracy to commit health care fraud, according to a recent news article at Mlive.com. Mesiwala was allegedly involved in a scheme in which he exploited Medicare by referring patients to a home health agency located in Detroit who paid him kickbacks, according to the U.S. Attorney’s office.

Mesiwala and owner of Advance Home Health Care Services Amer Ehsan were both involved in the scheme in which Medicare was billed for services to patients that were either never provided to those patients, or unnecessary. In all, the referrals by Mesiwala to the Advance Home Health Care Service resulted in billings paid to the home health care agency in an amount exceeding $770,000. Investigators also found that other agencies had received more than $118,000 from the fraudulent Medicare billings.

In July of last year, Amer Ehsan pleaded guilty to charges of conspiracy to commit fraud after collecting more than $3.5 million in Medicare billings. He is scheduled for sentencing on June 16. Mesiwala is scheduled to be sentenced October 5.

March 27, 2015

New Jersey Police Officer Involved in Deadly Wrong Way Crash Had Prior DUI Arrests

by Scott Grabel

Last week, two men were killed in a crash involving Pedro Abad Jr., a six-year veteran police officer with the Linden Police Department in New Jersey. Abad was allegedly driving the wrong way on the West Shore Expressway in Staten Island when he caused an accident that left Frank Viggiano, a Linden police officer, and civilian Joseph Rodriguez dead. Another fellow officer was also critically injured in the accident. There was no mention as to whether Abad was under the influence of alcohol at the time the crash occurred, although he did have two DUI arrests since 2011, according to an ABC News report.

The two men killed in the crash, which involved Abad hitting a tractor-trailer rig head-on, were passengers in Abad’s Honda. The men had been at a strip club in Staten Island prior to the crash; investigators were continuing to probe whether Abad had been drinking alcohol at the club prior to the deadly crash.

In 2011, Abad was arrested on DUI charges after crashing through the wall of a supermarket in Roselle. Just over a year later, he was again charged with DUI after he failed to pass a field sobriety test in Rahway. His driver’s license was suspended for approximately 8 months beginning in October of 2013, and his vehicle fitted with an ignition interlock device, which was removed in September of 2014. Linden police refused to comment regarding whether Abad had faced restrictions or sanctions as a result of his prior DUI arrests under department guidelines.

March 24, 2015

Drug Dealer ‘Flips’ on Customers, Helps FBI Bring Down Nine Customers in Baltimore Area

by Scott Grabel

Recently, a man who was using a motor home to transport and sell cocaine and heroin “flipped” on his customers after he was caught by authorities transporting the drugs. While the drug dealer’s name was not revealed in an article at the Baltimore Sun, nine men were charged in the case after the dealer began working with law enforcement and setting up transactions with buyers.

A tipster allegedly alerted the FBI to a drug shipment that initiated in California and was on its way to Aberdeen in the motor home, which had Louisiana plates. The driver of the motor home was taken into custody after he arrived in the Baltimore area in early August of last year.

Five of the men had previously pleaded guilty in the case. On Friday, March 20, four of the men were convicted by a federal jury. Those found guilty include 35-year-old Ronald Sampson, 30-year-old Dominic Parker, 39-year-old Jermaine Cannady, and 29-year-old Cornell Brown. Brown and one of the men who had pleaded guilty, Tavon Hopkins, had more than $155,000 cash in a bag when they arrived to purchase four kilograms of cocaine from the informant, according to prosecutors.

March 23, 2015

Crash Involving Two Drunk Drivers in Rockville Centre Results in DWI Charges

by Scott Grabel

On Saturday, March 21, two motorists in Rockville Centre near Long Island crashed into each other on Merrick Boulevard, according to a recent news article at Newsday. The two drivers were 38-year-old Melody Thompson of Valley Stream, and 34-year-old Peter Serra of Oceanside. Both were charged with driving while intoxicated following the collision early Saturday morning.

While neither of the drivers were injured, two passengers in Thompson’s vehicle did sustain serious injuries. The accident occurred just before 5 a.m. according to a police report, when Serra’s vehicle struck Thompson’s as she was traveling in an eastbound direction. Serra was driving his SUV in a westward direction in the eastbound lane. In addition to driving while intoxicated, Serra was charged with reckless driving and first-degree vehicular assault.

A woman who was riding in the front passenger seat of Thompson’s vehicle suffered head trauma and multiple leg fractures. In addition, a woman riding in the back of Thompson’s vehicle suffered head trauma and a fracture to her left arm. She was listed in serious condition, while the woman riding in the front passenger seat was listed in critical condition.

March 18, 2015

Son of Alabama Chief Justice Arrested for Drug Possession in Troy

by Scott Grabel

On Sunday, March 15, 24-year-old Caleb Moore, son of Alabama Chief Justice Roy Moore, was arrested for alleged drug possession at the scene of an attempted break-in, according to a news article at Al.com. Moore was charged with marijuana possession, and possession of a controlled substance. He claims the accusations are nothing more than an attack on his father for what he stands for, and said as much on a Facebook post following the arrest. Alabama Chief Justice Roy Moore has been involved in a legal battle regarding gay marriage after he issued a controversial order to halt same-sex marriages, even thought the U.S. Supreme Court ruled they could continue in the state.

Court documents claim that police received a report of an attempted home break-in in Troy in the 1200 block of Allen Street. Upon arrival, officers discovered five men outside the location near a pickup truck; on of the men was Caleb Moore. Officers said the truck had a strong odor of marijuana. The suspects claimed there were no drugs in the truck, however upon searching it officers discovered Moore’s passport, along with a bag of marijuana that also contained several Xanax pills.

After being arrested and transported to the Troy jail, Moore was released on a total bond of $8,500. He posted on Facebook that the arrest was nothing more than a prime example of how crooked police officers and the media are trying to destroy both his father’s career, and their family. Moore went on to say that the drug test he took will prove that he is not a drug user, and that justice would be served in regards to the possession charges.

March 17, 2015

Motorists Alarmed by Swerving Woman Driving Through Holland Tunnel; Brooklyn Minister Arrested

by Scott Grabel

On Friday March 13, motorists were both frightened and alarmed as a women who appeared to be drunk weaved and swerved through the Holland Tunnel during rush hour, her tires striking the curb in the underwater tunnel that leads to Jersey City. According to an article at the New York Daily News, several drivers became so alarmed they dialed 911.

Upon exiting the tunnel, police pulled the driver over. It turned out to be 53-year-old Diane Reiners, a Brooklyn Episcopalian minister. Upon pulling her over, police found not only an open bottle of Absolut Vodka, but prescription medications for pain and anxiety, along with a second bottle of alcohol. The open bottle of vodka was found sitting in the center console of her vehicle, according to reports.

Police administered a field sobriety test after pulling Reiners over, which she reportedly failed. As of Friday evening, her arraignment hearing was pending.