Michigan Criminal Lawyers Blog

December 8, 2014

Teacher En route to School Crashes into Homes, Vehicles; Arrested for DUI

On Thursday, December 4, 56-year-old Patricia Ann Robertson, a third grade teacher at Earl Warren Elementary School in Sacramento, was on her way to school when she missed a turn which resulted in her Mustang crashing into several vehicles and damaging two homes.

According to a news article at News10, Robertson has been placed on administrative leave from the school as an investigation begins into the crash, which police believe was a result of DUI. California Highway Police Officer Rick Turner said that a preliminary alcohol test performed on the teacher resulted in a reading that was three times the legal limit of .08 percent. At the time of the news report, Robertson’s blood test results were still pending.

Robertson told the officers that she attempted to make a right turn as she was driving westbound on Deddington Way, however she missed the turn and continued straight. This resulted in her Mustang sideswiping one car and striking another in a driveway, which pushed the car in the driveway into a home. Robertson’s Mustang continued forward before veering to the right and eventually crashing into the home next door to the one that had already been struck. John Sandu, the owner of the home Robertson struck, said that she had been speeding through the neighborhood for years, and that he had yelled at her on several occasions to slow down because there were children in the vicinity.

December 5, 2014

Florida Gay Couple Files Lawsuit Over Having Drivers Licenses Revoked Due to Name

by Scott Grabel

Last week, Daniel and Scott Wall-DeSousa filed a lawsuit in Orlando federal court demanding that their driver’s licenses be reinstated with their married last name, Wall-DeSousa. Scott Wall and Daniel DeSousa married in New York in 2013, and went through the Social Security Administration to legally change their last name to Wall-DeSousa, according to a news report at ABC News.

Florida is a state that frowns on same-sex unions, and when the couple moved to the state, the problems began. While Daniel successfully changed his driver’s license in Brevard County, Scott didn’t have the same luck. He did succeed in Orange County, however was told in Brevard County that in the state of Florida, his marriage license was not a legal document. Florida bans same-sex marriages.

After having their licenses changed, Daniel and Scott went on television with an interview by an Orlando station about their new driver’s licenses. Shortly thereafter, the two men received a letter informing them their driver’s licenses had been revoked from the Department of Motor Vehicles. The men filed the lawsuit against the Department of Highway Safety and Motor Vehicles based on the argument that their rights to equal protection, due process, and free speech have been violated.

December 4, 2014

Treasurer and Part Owner of Superior Metal Finishing Corporation Pleads Guilty to Tax Evasion

by Scott Grabel

Recently, United States Attorney Barbara L. McQuade and Special Agent in Charge of the IRS, Criminal Investigation Jarod Koopman announced in a press release that a 53-year-old Royal Oak, Michigan woman had pleaded guilty to tax evasion. According to the release, Robin Petty, who is part owner and treasurer of Superior Metal Finishing, a Detroit corporation, pleaded guilty to failure to report substantial income from 2008 through 2011. While Petty did report some of her income, she ultimately evaded payment of almost $340,000 in federal income taxes over the four year time period.

In 2008 alone, Petty under-reported her income by $236,933. She did report a total income of $119,117, however she had also received checks made payable to her from Superior Metal Finishing totaling $356,050. Because she failed to report the balance of the income for 2008, her tax liability for the year was understated by more than $70,000. Other years through 2011 were similar.

While Petty’s sentence had not been set at the time of the press release, income tax evasion carries punishment which includes a fine of up to $250,000 and/or a maximum of five years in prison. She agreed to pay restitution to the IRS in an amount of up to $339,526, and to pay $100,000 toward this restitution prior to her sentencing.

December 4, 2014

Fruitport Township Police Officer Dismissed from Duty Following Arrest for Drunken Driving with Child in Vehicle

by Scott Grabel

In late November, Fruitport Township Police officer Timothy Thompson was arrested for allegedly driving drunk with a child in his vehicle. On December 3, Thompson was arraigned on a misdemeanor charge of operating a motor vehicle while intoxicated with an occupant under age 16 in the vehicle, according to a news article at Mlive.com. Thompson, who is 36 years old, was arraigned in 58th District Court.

Thompson was reportedly taken into custody in Coopersville in the early morning hours of November 22. According to a news article at Fox 17, he had a three month old baby in the car with him, and was driving with a blood alcohol content that was nearly twice Michigan’s legal limit of .08 percent.

Police Chief Ken Doctor also confirmed that Thompson had been arrested for driving under the influence, and that he had been terminated from his position with the police department. However, he did not indicate whether Thompson’s firing was a result of the drunk driving arrest. A trial date had not been set at the time of news reports.

December 3, 2014

National Impaired Driving Prevention Month Focuses on Bringing a Stop to Drugged Driving

by Scott Grabel

December is National Impaired Driving Prevention Month, a campaign implemented by the President to increase awareness across the nation of the dangers and potentially deadly consequences of drugged, drunk, or distracted driving. Consuming illegal drugs has become increasingly prevalent in our society in recent years. During the month of December, efforts will be made educate and inform about the effects of drugs on drivers, and the impact on highway safety.

Drugged driving has become more common than drunk driving, according to a national survey. While drunk driving is still a huge problem, drugged driving has become an even bigger issue. A national survey revealed that in the U.S., drugs were present in weekend nighttime drivers more than seven times as often as alcohol. In addition, it is estimated that at least one-fifth of accidents in the country are caused by drugged driving.

Alcohol is considered a drug, and is a growing problem with teenagers. Other drugs teens frequently abuse that impair driving include marijuana, the most popular illicit drug with teens. Other drugs likely to be abused include prescription drugs such as OxyContin, Vicodin, and other painkillers. Stimulants such as Adderall are also popular among teenagers.

December 3, 2014

Florida Supreme Court to Decide Whether Death Penalty Inmate Will Get a New Trial

by Scott Grabel

Kim Jackson, a 45-year-old Florida man, was sentenced to death in October of last year after being found guilty of the 2004 murder of 49-year-old Debra Pearce. Jackson allegedly stabbed the victim in her chest and slashed her throat at her home on Bennington Drive in Jacksonville. Now, the Florida Supreme Court will determine whether Jackson’s conviction and sentence will be overturned and a new trial granted, based on arguments about the two pieces of evidence, a bloody fingerprint and a hair, both said to be the defendant’s.

In October, Nada Carey, Tallahassee Assistant Public Defender, raised the argument that in such a brutal murder, there were only two pieces of evidence – and even that evidence could be in question. While the hair and bloody fingerprint found in the victim’s kitchen did put Jackson in the victim’s home, Carey believes both could have been present for days or even weeks before the murder took place. Carey’s grounds for appealing Jackson’s conviction and sentence is that prosecutors failed to prove the fingerprint was left the day the murder took place.

Carey told Justice R. Fred Lewis that the state’s expert agreed that it was possible that blood splashing on top of the fingerprint, which already existed, could have preserved it. In addition, Carey said comments made about Michelle Royal, the defense’s fingerprint expert, by the Assistant State Attorney supported grounds for the case to be thrown out. Royal testified in court that the quality of the fingerprint was not adequate to determine that it was positively that of the defendant’s right little finger.

December 2, 2014

North Dakota Man Busted at RV Park, Faces Serious Drug Charges

by Scott Grabel

Thanksgiving week, 23-year-old Oscar Eduardo Espinoza-Echeverria was arrested following a drug bust in McKenzie County in North Dakota. According to news sources, police obtained a search warrant before searching Espinoza-Echeverria’s trailer located at a Watford City RV park.

He is now facing serious drug charges including possession of cocaine and methamphetamine with intent to deliver while in possession of firearms, classified as ‘AA’ felonies in the state.

Upon searching the suspect’s trailer law enforcement discovered 13 ounces of meth, one ounce of cocaine, thousands of dollars in cash, and three guns. They also found numerous cell phones, scales, and what they described as a “pay-owe” sheet. When authorities searched his body, they found a valid Mexican driver’s license, additional cash, and multiple fake ID’s.

December 1, 2014

Entourage Member Arrested for Drunken Driving in ‘Johnny Football’s’ Vehicle

by Scott Grabel

On Saturday, November 29, a member of Johnny “Football” Manziel’s entourage was arrested on suspicion of drunken driving, according to a news article at Cleveland.com. The 24-year-old man, whose name was not released in the news report, was allegedly driving Manziel’s vehicle when he was arrested. Johnny Manziel is former quarterback at Texas A&M, and currently an NFL quarterback with the Cleveland Browns.

As of the time of news reports, the man had not been charged, however Cleveland police confirmed that drunken driving charges are forthcoming. Manziel was not in the car at the time the man was stopped, which was approximately 2:30 a.m. Saturday in downtown Cleveland. The offender, who is reportedly Manziel’s roommate where the two live at The Metropolitan on The 9, was also allegedly involved in an assault a week earlier as a couple approached Manziel and his entourage at an elevator at The 9.

Other news reports claim that the member of Manziel’s “entourage” who was arrested for driving under the influence is his bodyguard. Manziel’s vehicle was reportedly impounded following the arrest.

November 28, 2014

Denver Woman Drives on Revoked License, Faces Several Charges After Driving Drunk

by Scott Grabel

On November 16, 37-year-old Nyeesha Gonzalez was allegedly driving drunk when she caused an accident and left the scene, according to news reports. Gonzalez was also driving on a revoked license.

Gonzalez was driving in the area of Quebec and 14th Avenue in Denver when she caused an accident that left another person injured. After leaving the scene, she was found a short time later, and allegedly resisted arrest. She has been formerly charged with leaving the scene of an accident resulting in injury, resisting arrest, aggravated driving after revocation, and two counts of vehicular assault.

Gonzalez remained in custody on a $2,000 bond as of November 19, and was scheduled to appear in court on November 21. Reports do not indicate why Gonzalez’s driver’s license had been revoked.

November 28, 2014

Tennessee Man Arrested for DUI Three Times in Less Than Two Weeks

by Scott Grabel

Michigan DUI defense lawyers are highly aware that some individuals have a real problem with alcohol, and are addicted to the point that they get out and drive on our nation’s roadways and interstates on a regular basis. This seems to be the case with a Tennessee man who has recently been arrested three times over the course of 11 days by three different agencies in Williamson County.

According to a news article at WKRN, 34-year-old Wayne Gearhart has been arrested for DUI on November 15, 23, and 25. He was first arrested by Brentwood police when they found him in a parking lot, passed out in his car with the engine running. He was stopped eight days later by Franklin police, and on Tuesday the 25 by a trooper with the Tennessee Highway Patrol. Each time, officers reported Gearhart smelled of alcohol, and was unsteady on his feet. According to the Tennessee Bureau of Investigation, Gearhart has been charged with driving under the influence on at least one occasion prior to these three most recent incidents.

The news report indicates that Gearhart may still have his driver’s license, and that until he is convicted there is nothing that can be done to take it away. At last reports, Gearhart was incarcerated in the Williamson County Jail on a $5,000 bond. As a condition of his bond, he must wear an alcohol monitoring bracelet.