Michigan Criminal Lawyers Blog

December 30, 2014

North Carolina Court of Appeals Upholds Woman’s Conviction in Motor Vehicle Death of 12-year-old Boy

Earlier this month, Reyna Patricia Valencia’s conviction in the 2011 death of a 12-year-old boy was upheld by the North Carolina Court of Appeals. Valencia was found guilty of reckless driving, felony death by motor vehicle, and two counts of felonious restraint in September of 2013. She appealed the verdict based on a motion to dismiss the two charges of felonious restraint, claiming that the 12 and 14-year-old boys who got into her vehicle on the fateful day did so willingly, and that she did not coerce them by fraud. Valencia was sentenced to 6 years, two months, and 25 days in prison.

Ultimately, Valencia was allegedly drinking along the way after she had invited the two boys to go along with her as she prepared for a party that evening, telling them their mother had given permission for them to go with her. At some point in the trip, witnesses reported Valencia’s 2003 Dodge Stratus was swerving all over U.S. 220, and that she was driving at a high rate of speed before she lost control of the vehicle. The Stratus then swerved off an embankment before becoming airborne. It landed against an interstate exit sign, flipped over on its roof. 12-year-old Roland Sierra died at the scene after being ejected from the vehicle. Valencia’s BAC was found to be .18.

According to the Court of Appeals, substantial evidence was presented by the state at trial that Valencia did fraudulently induce the brothers to go with her to run errands. The boys were playing basketball at their home at the time. The court found that she lied to the boys, and that there was no question that the boys’ mother did not give permission for them to go with Valencia.

December 30, 2014

Missouri Man Facing Drug Possession, Other Charges

by Scott Grabel

On Sunday December 28, a Morley, Missouri man was taken into custody for allegedly possessing a controlled substance, violating a protective order, and resisting arrest. 56-year-old Kevin McClendon was in possession of methamphetamine, according to a news article at the Southeast Missourian; he was also charged with unlawful use of drug paraphernalia.

A senior deputy with the Scott County Sheriff Department confronted McClendon at a business in Morley on Sunday morning regarding violations of an adult protection order. The deputy informed McClendon that he was being arrested for the violation; McClendon then pulled a container from a jacket that was inside his vehicle, which he had decided to leave at the location. The container had a plastic bag inside containing a substance that was found to be methamphetamine. McClendon was ordered to surrender the drugs to the deputy.

McClendon then backed up and walked away from the deputy, dropping the bag on the ground. At that point, the deputy took the offender’s left arm and ordered him to the ground, but McClendon would not comply and continued to resist arrest. He was eventually forced to the ground and handcuffed.

December 29, 2014

South Carolina Sheriff Arrested for Driving Under the Influence, Hit and Run

by Scott Grabel

On Sunday December 28, a South Carolina Sheriff was arrested after he allegedly struck a vehicle and left the scene of the accident at approximately 6 a.m. 63-year-old Wayne DeWitt, Sheriff of Berkeley County since 1994, is now charged with DUI and leaving the scene of a wreck involving personal injury, according to a news article at Turnto10.com. He was granted a personal recognizance bond on Sunday evening at the Hill-Finklea Detention Center.

DeWitt was driving a county-owned pickup when the crash occurred. After leaving the scene of the accident, SC Highway Patrol troopers were investigating the crash and were notified that a pickup truck matching the description of the one DeWitt had been driving was stopped by Hanahan Police. Troopers then drove to the traffic stop and determined that the truck was the one involved in the crash, and that DeWitt was the individual driving the truck.

According to SCHP Sgt. Bob Beres, DeWitt was determined to be under the influence of alcohol after performing a field sobriety test; he refused a breathalyzer after being taken to the detention center.

December 26, 2014

Former Administrative Assistant for Traverse City Area Public Schools Arrested for Alleged Embezzlement

by Scott Grabel

Recently, Mary Leona Gillison, a 50-year-old Arcadia resident, was arrested for allegedly having embezzled more than $50,000 from the Traverse City Area Public School district. Gillison had been employed as an administrative assistant for the district, according to a news article at MI Headlines.

Gillison was arrested on December 18 after the school district performed a forensic audit, working in unison with Sheriff’s detectives. Detectives had obtained a warrant to arrest Gillison on charges of embezzling following the audit, which took several months to complete. An auditing firm for the school district reviewed procedures involving cash handling and purchase card use after Gillison resigned her position at West Middle School unexpectedly in March of this year.

Officials believe that Gillison used a district purchasing card to make “questionable” purchases, one of which was a personal item bought using the card by Gillison in December of last year. It appears that she resigned her position as administrative assistant once she suspected authorities were “on” to her scheme, although until proven guilty beyond a reasonable doubt, she is innocent.

December 26, 2014

Long Island Taxi Driver Arrested for Killing Pedestrian, Driving with Suspended License

by Scott Grabel

On Monday, December 22, 31-year-old Christian Lopez-Barcelo allegedly killed a pedestrian who was running in Huntington Station, LI, after his 2009 Ford Crown Victoria taxi cab struck the runner. Raymond Sipel, 30 years old, was pronounced dead at the scene of the crash.

The accident occurred just before 11 p.m., according to a news report at Longisland.com. The accident is still under investigation by Suffolk County Police Second Squad detectives.

Lopez-Barcelo was taken to a local hospital to be checked out although he was not injured. He was treated for stress-related symptoms and released. So far, the only charge he is facing is operating a motor vehicle with a suspended license. The cab he was driving was impounded for a safety check, and is owned by Orange and White Taxi Company.

December 24, 2014

Wisconsin High School Principal Placed on Leave Following 3 DUI Arrests This Month

by Scott Grabel

Kelly Meyers, principal at Oregon High School in Oregon, WI, has been placed on administrative leave after being arrested for driving under the influence of alcohol three times this month. According to news articles, Meyers has been on medical leave since the beginning of the school year, and will remain on leave as the allegations against her are investigated.

Police officials in Fitchburg and Oregon confirm that Meyers was arrested in their districts, twice in Fitchburg and once in Oregon. She had not appeared in court on the charges as of the time of news reports on December 23.

Meyers worked at Oregon High School as associate principal before being hired as principal in 2012. Prior to that, she served as principal for 14 years at Verona High School from 1994 to 2008. According to Oregon Schools Superintendent Brian Busier, she was an excellent and trusted principal. School Board president Dan Krause said that the board would make a decision as to what to do following the investigation, as they want to find out the facts of the matter.

December 23, 2014

Biggest Heroin Bust in History of Northeast Indiana Leads to 5 Arrests

by Scott Grabel

On Wednesday, December 17, five individuals were arrested in what is said to be the biggest heroin bust in the history of Northeast Indiana, according to an announcement made on Monday at a press conference held by the U.S. Attorney’s Office.

Five individuals were charged with conspiracy to distribute heroin. These include 29-year-old Eduardo Martinez, 28-year-old Gisela Leyva Gamez, 40-year-old Cesar Rosales, 32-year-old Rigoberto Martinez, and 41-year-old Juan Rosales Suarez. Gamez is a resident of Phoenix, Rosales a resident of Wilmington, California, and Suarez a resident of Memphis.

Authorities began the investigation by placing wiretaps on two of Martinez’ cell phones. They then witnessed a telephone conversation in which Martinez was discussing the delivery of heroin to Fort Wayne with Gamez. Agents were surveying the planned delivery location on December 17th when they watched as a white pickup truck delivered heroin to a garage at a Fort Wayne home. The agents discovered 3.5 kilograms of heroin inside the garage, and captured Martinez and Gomez as they attempted to run away. After being issued a search warrant for the pickup truck, authorities discovered an additional 4.5 kilograms of heroin hidden inside a spare tire on Friday, December 19.

December 23, 2014

Prosecutor’s Motion to Throw Out Rape Conviction Appeal of Death Row Inmate Denied by Mississippi Supreme Court

by Scott Grabel

In 1993, 48-year-old Charles Ray Crawford was convicted of rape. Today, he is sitting on death row in Mississippi for the murder of Kristy Ray in Tippah County, according to a news article at Gulflive.com. Crawford believes that he was given the death penalty in the murder case because of the 1993 rape conviction. Now, 20 years later, he is appealing the rape conviction based on ineffective counsel in the case.

Essentially, Crawford may not remain on death row if he can win his appeal of the rape conviction. He was charged with rape and aggravated assault in 1992, and while free on bond, arrested for murdering Kristy Ray. In 1993, he was convicted on the rape charges and sentenced to 66 years in prison. Shortly thereafter, Crawford was convicted of murdering Ray in 1994 and given the death penalty. Prosecutors in the murder case argued for the death penalty, maintaining that Crawford’s criminal history as a rapist was an aggravating factor that justified he be given the death penalty.

The prosecutor in the case filed a motion to throw out Crawford’s appeal, however the Mississippi Supreme Court denied the motion. The court gave no comment on why the motion was denied.

December 22, 2014

NJ ‘Elf on the Shelf’ Man Arrested for DUI in Target Parking Lot

by Scott Grabel

On Friday morning at approximately 3:30 a.m., a New Jersey man was charged with driving while intoxicated after police found him sitting in his van in the loading dock area of a Target parking lot drunk and with the engine running, according to news reports.

Lt. James Macintosh of the Riverdale police department said that they had received a report of a suspicious vehicle in the parking lot. The van was running, the headlights on, and the music blaring. The driver of the vehicle, 23-year-old Brian Chellis, was sleeping. According to Macintosh, Chellis was wearing an ‘Elf on the Shelf’ costume. After waking Chellis, Macintosh said that he detected a strong odor of alcohol on his breath, and that there was an open can of beer in the vehicle. Chellis was also allegedly confused about where he was.

Police conducted a series of field sobriety tests, then took Chellis to police headquarters to undergo a breath test. He was issued a summons before being picked up by a family member. Chellis had apparently attended a holiday party and consumed a bit too much Christmas cheer. He is facing DWI charges in Riverdale, NJ.

December 19, 2014

Jenison Contractor to Spend Minimum of Three Years in Prison for Larceny by Conversion

by Scott Grabel

In October of this year, 32-year-old Jeffery Scott TenElshof of Jenison pleaded guilty to two counts of larceny by conversion of more than $1,000 but less than $20,000. On Thursday December 18, he unsuccessfully attempted to withdraw his guilty pleas at his sentencing hearing before Kent County Circuit Court Judge Mark Trusock.

TenElshof was sentenced to three to 10 years in prison for taking money for construction projects, but never completing the jobs. Hi attorney contends that TenElshof simply got behind on the projects as he was extremely busy, and that his intention was never to steal the money clients paid him. One Sand Lake resident paid TenElshof $3,500 to replace some siding on her home, a project that was never completed, according to Colleen Bent, who said TenElshof came up with all kinds of excuses as to why he was not working on the project.

According to Gregory Boer, Assistant Kent County Prosecutor, TenElshof had a plea deal that would have left him facing less than one year in jail had he repaid the money that he stole to the clients. Because he did not repay any of the money, he was sentenced to prison.