Michigan Criminal Lawyers Blog

November 28, 2014

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

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.

November 28, 2014

Appeals Court Overturns Conviction of Texas Man Accused in 1999 Death of Toddler

by Scott Grabel

15 years ago, Neal Robbins was convicted of killing his girlfriend’s toddler, a 17-month-old girl who was believed to be asphyxiated while his mother was out running errands. Robbins, a Willis, TX man, has been in prison for 15 years and was sentenced to life in prison. Now, his conviction has been overturned by an appeals court based on new Texas legislature passed last year, according to the Chronicle.

The article states that the legislature passed makes it possible for courts to reconsider cases that were decided on questionable scientific evidence. Originally, the medical examiner determined that the death of Tristen Rivet was homicide, however she admitted years later that the manner of death in the toddler’s case should have been “undetermined.” Robbins appealed his conviction in 2011 after the medical examiner reassessed the evidence, however his appeal was narrowly denied. Now, because of the new legislature passed last year, Robbins has successfully appealed his conviction based on he reevaluation of Rivet’s autopsy. Robbins, who is now 39 years old, remains in a Beaumont prison while prosecutors determine how to move forward.

Tristen’s mother, Barbara Hope, allegedly found the toddler in her crib after she had come in from running errands. She said that Tristen was cold, had blue lips, and was not breathing. She took the toddler outside and with the help of a friend and neighbor attempted to perform CPR. Tristen was pronounced dead about an hour later at a local hospital. It was then that the medical examiner determined the toddler had been asphyxiated. Prosecutors alleged that Robbins pressed down on the toddler’s chest to kill her intentionally.

November 26, 2014

Former Miss Teen Oregon-World Arrested in Drug Bust

by Scott Grabel

On Wednesday, November 19, 23-year-old Jamie Lynn France was arrested during a drug bust at a Salem, Oregon hotel, according to an article at Reuters. France is a former Miss Teen Oregon-World beauty pageant winner. In the course of the drug bust, police discovered heroin, cocaine, methamphetamine, and records of drug sales, according to authorities.

France was charged with possession of heroin, suboxene, and methamphetamine. There were several others arrested, including 37-year-old Jarrod Thomas Wells, and 37-year-old Erin Marie Wells. Police said they expected more arrests and charges in the case. Jarrod Wells faces charges of delivery of controlled substances and child neglect; Erin Wells is charged with child neglect and possession of heroin and meth. Erin Wells was charged after authorities searched her home and found her 4 and 7-year-old sons in the home, where drugs were within their reach. This led to the search at the nearby Roadway Inn in Salem.

If convicted, all of those involved will face serious criminal penalties. While charges of delivery of a controlled substance are more serious than possession, every drug offense has harsh consequences. In Michigan, possession of heroin in amounts less than 50 grams may result in a maximum of four years in prison, along with fines of up to $25,000. News reports did not indicate how much heroin France had in her possession, however penalties become greater the more of a drug someone is in possession of. For instance, possession of heroin in an amount between 450 and 999 grams will result in prison time of up to 30 years, along with fines of as much as $500,000.

November 25, 2014

Former Atlanta Falcons RB Arrested on Charge of DUI

by Scott Grabel

On Friday, November 21, 42-year-old former Atlanta Falcon running back Jamal Anderson was arrested on charges of driving under the influence. According to the Atlanta Journal-Constitution, this was Anderson’s second DUI arrest in 2 1/2 years. He was arrested for DUI in June of 2012, but pleaded guilty to a lesser charge of reckless driving.

Georgia State Patrol officials arrested Anderson on Friday after he was found on the southbound side of I-85 in his stopped car. He was also arrested for improper slowing or stopping on the roadway. Anderson has since been released, and was held in a Gwinnett County jail on a bond of more than $2,000.

In the 2012 incident, Anderson was required to attend a drunk driving impact panel, perform community service, and pay fines of $700. He was also placed on probation for 12 months. Anderson was with the Atlanta Falcons from 1994 to 2001.

November 25, 2014

Founder of Happy’s Pizza Found Guilty in Tax Scheme Defrauding IRS of More Than $6.2 Million

by Scott Grabel

On Wednesday, November 19, the U.S. Justice Department announced that the president and founder of Happy’s Pizza, Happy Asker, had been convicted in a multi-million dollar tax fraud scheme defrauding the IRS of more than $6.2 million dollars. Asker was convicted on 32 counts of tax crimes, according to the release.

Asker’s Farmington Hills, Michigan based pizza franchise has locations in Chicago, Michigan, and Ohio, which Asker has ownership interests in. Other individuals, some employees and some franchise owners, were also involved in the scheme to defraud the U.S. In all, there are 60 Happy’s Pizza franchise restaurants across three states. The release indicates that payroll amounts and gross sales were significantly underreported for nearly all of the franchises. More than $6.1 million was diverted from about 35 of the stores between 2008 and 2010, with the unreported income being distributed among Asker and most of the Happy’s Pizza store franchise owners.

In November and December of 2010, Asker was involved in voluntary interviews in which he is said to have purposely misled IRS – Criminal Investigation special agents. Those who investigated the case include the DEA and special agents with the IRS – CI. Asker is scheduled to be sentenced in March of next year in the Eastern District of Michigan. He faces a maximum of five years in prison for conspiring to defraud the IRS, three years for each count of filing a false income tax return/aiding or assisting in filing a false return, three years for obstruction and impeding the administration of the Internal Revenue Code. He also faces numerous fines including $250,000 for each count of filing a false income tax return, of which he was convicted on 28 counts.

November 24, 2014

Holiday Shopping Safety Tips for Black Friday and Throughout The 2014 Holiday Season

by Scott Grabel

Thanksgiving week often marks the beginning of holiday shopping for many people. While Black Friday was traditionally the biggest shopping day of the year, it seems that people are taking to the stores (both online and off) earlier every year. Why wait until the day after Thanksgiving, when merchants are offering great buys earlier? At Grabel & Associates, we have a few tips to help ensure your shopping adventures are safe, and hopefully enjoyable.

While you may be cheery and filled with the holiday spirit, would-be thieves are anxiously awaiting their chance to catch you off guard. When shopping in brick-and-mortar stores (offline), keep these tips in mind:

Shop in pairs; this makes you a more difficult target for thieves.

November 21, 2014

Michigan Judge Suspends Defendant’s Driver’s License After He Brings English Interpreter to Court

by Scott Grabel

Recently, an Oceana County circuit court judge suspended a defendant’s driver’s license after the defendant brought an English interpreter to court in a case involving cocaine possession. Juan Leonel Estrada, a 44-year-old Hart resident, brought the interpreter to court, a move Judge Terrence R. Thomas felt wasted the court’s resources. Thomas said that Estrada was “playing a game” with him, and that he did not feel Estrada needed an interpreter.

Estrada was ready to plead guilty to charges of cocaine possession in exchange for a maximum of 30 days in jail, however the judge rejected the defendant’s plea because he believed the defendant had misused the process of the court and its resources. He set the case for trial, and told the defendant that he would be the one paying for a translator at trial. The judge said that between now and the trial date, Estrada might learn English. The judge believed that Estrada could speak English fairly fluently, and asked him how he got a Michigan driver’s license if he couldn’t speak English. He suspended Estrada’s driver’s license, saying that it would remain suspended until the defendant could understand English and be safe on the road.

Estrada’s lawyer said that while his client is fairly fluent in English, he wanted an interpreter because he did not understand legal language and was nervous. He went on to say that the legal vocabulary is different from the English vocabulary, to which the judge replied, “It is for everybody.”

November 20, 2014

Charges of Assault with Intent to Murder Dropped in Gas Station Shooting After Victim Recants ID of Shooter

by Scott Grabel

Arthur L. Williams, a 25-year-old man charged with assault with intent to murder in a gas station shooting in September, is no longer facing charges after the alleged victim recanted the shooter’s ID, according to a news article at Mlive.com.

On September 6, a shooting occurred at a Speedway gas station in Buena Vista Township. At approximately 2 in the morning, a fight took place in the parking lot near the gas pumps which resulted in the victim being shot. Buena Vista Police Detective Sgt. Greg Klecker said that upon reviewing surveillance video of the altercation, detectives saw a group of men engage in a fight after several men and women arrived in the parking lot in separate vehicles. One of the men pulled away from the crowd before firing at the victim, who fell and then got up, ran away, and eventually sought medical treatment. The suspect in the shooting fled on foot, according to Klecker.

At his preliminary hearing on November 4, the victim recanted the identification of Williams as the shooter. Others who were involved in the fight would not cooperate with investigators, so the prosecutor’s office decided to drop the charges against Williams, according to Chief Assistant Prosecutor Christopher Boyd. Williams remains behind bars on a charge related to the case after he fled from police on foot as they attempted to capture him about one month after the shooting. He is charged with felony resisting and obstructing a police officer.

November 20, 2014

Iowa Man Successfully Appeals Conviction for Theft

by Scott Grabel

In April of this year, 50-year-old Clifford McNeal was convicted of third-degree theft in connection with a string of burglaries in 2011 involving the theft of large construction tools and equipment from three construction companies, one owned by Ken and Lisa Steck, Christner Construction, and Batten and Shaw, Inc.

McNeal appealed his conviction claiming that the search warrant that resulted in his conviction was not supported by probable cause. Two other men, John Wey and Michael Jones, were co-conspirators in the case. According to a news article at the Ottumwa Evening Post, Wey and Jones frequently broke into buildings to steal equipment and tools to sell. After being reported by David E. Downen of Downen Construction as one of the burglars, Jones told investigators in an interview that he and Wey frequently broke into buildings and stole tools and equipment to sell in order to support their drug addictions. Wey allegedly sold most of the stolen property to Cliff McNeal, who allegedly knew that the property was stolen.

McNeal allegedly stored the stolen construction tools and equipment in an enclosed trailer according to Jones, who said that McNeal had recently moved the trailer outside of town to a rural location. Police obtained a search warrant, however Jones admitted he did not know where the trailer actually was. Police did locate the trailer, however McNeal’s attorney challenged the search warrant, claiming it did not meet state law and U.S. Constitutional requirements regarding protection against unreasonable searches and seizures. McNeal was found guilty after the district court rejected the argument, however the appeals court reached a different conclusion.

November 19, 2014

Repeat Drunk Driving Offender Tied to Fatal Santa Fe Crash

by Scott Grabel

On Friday morning November 14, a deadly accident on US 84/285 in Santa Fe took the life of 40-year-old Celeste Maestas. Investigators weren’t certain at first who caused the crash, however they suspected 59-year-old Jimmy Griego, whose vehicle was found pulled off on exit 177. Griego allegedly left his SUV and walked to a nearby casino, according to eyewitnesses. Griego has pleaded guilty to DWI on four occasions since 1985, according to news reports at KRQE News 13.

The crash occurred around 10:30 a.m., when police received reports of a Ford Explorer driving in a reckless manner and almost hitting other motorists. It was just minutes later when a crash involving two vehicles happened near the Buffalo Thunder Casino. Celeste Maestas lost control of her Chevy Impala and collided with another vehicle after she crossed into the southbound lane. She died at the scene.

At the time, police were uncertain of whether Griego was involved, however he was arrested and charged with felony DWI. His license had also been revoked. Days later, deputies learned that Maestas swerved to avoid hitting Griego on Friday, as he was driving recklessly. Her attempt to avoid Griego’s vehicle resulted in her crashing into another car before her own vehicle slammed into a concrete barrier. Griego now faces charges of vehicular homicide in addition to DWI.