Michigan Criminal Lawyers Blog

October 16, 2014

Man Found Guilty of Attempted Murder of Wife to Appeal Conviction and Sentence

In July of this year, 71-year-old Charles Black was convicted of attempting to murder his then-wife in April of 2011 when he allegedly hit her in the head with a rock and pushed her off a cliff in Maine. Black tumbled over the cliff with his wife, Lisa Zahn, and both were hospitalized for a time. Both Black and Zahn were retired teachers from Kansas, according to the Huffington Post.

Allegedly, the two got into an argument regarding a $4 million inheritance Zahn had received from her father, how Black was spending it, and his alleged affair with an Arizona woman. It was during this argument that Black allegedly tried to kill Zahn by pushing her over the cliff.

Black told police that while they were on the mountain top, he had collected two rocks thinking that he and Zahn would throw the rocks over the cliff, a symbol of freeing themselves of the baggage in their marriage and making a fresh start. Zahn, 55, testified at trial that Black hit her three times in the head with the rock before being pushed over the cliff, where she landed on a ledge before making her way to the bottom to get help.

October 15, 2014

Utah Elementary School Bus Driver Arrested on Suspicion of DUI

by Scott Grabel

On Monday, 39-year-old Lycia Martinez was arrested on suspicion of DUI after adult passengers on board the school bus she was driving reported erratic driving behavior. According to a news article at the Huffington Post, Martinez was transporting 67 fifth and sixth graders on a field trip, and almost hit a car on a busy stretch of highway in Salt Lake City.

Police received reports after a parent aboard the bus and another motorist on the highway made 911 calls claiming the bus was swerving, that Martinez could not stay in the carpool lane, and that she was crossing double lines. Utah Highway Patrol Sgt. Blaine Robbins said that it appeared Martinez had taken prescription anti-anxiety/muscle relaxer pills that were found in her handbag.

Martinez was pulled over by patrol officers approximately 40 miles from where the trip began, on an Interstate 15 off-ramp in Draper. Robbins said that “We really dodged a bullet,” as the interstate the bus had been traveling on had a speed limit of 75 mph and five lanes. A serious accident could easily have occurred, however no one was injured and the student on board were oblivious to what was happening.

October 15, 2014

Georgetown Man, Woman Arrested at Motel on Drug Charges

by Scott Grabel

On Monday, October 13, two Georgetown, DE residents were arrested and charged with various drug offenses after authorities discovered the man and woman were selling illicit drugs from a motel room.

According to a news article at WMDT 47, Georgetown and Delaware State Police conducted a joint investigation in which it was found that 29-year-old Yolanda Oney and 21-year-old Oquindell Timmons Jr. were selling narcotic drugs from the Classic Inn Motel. Upon searching room 251, police allegedly discovered there were two juveniles present along with drug paraphernalia and 30 baggies that were said to contain marijuana and heroin following field testing.

Authorities also searched a vehicle that belonged to one of the suspects and found a .38 caliber revolver along with bullets. Timmons admitted to police that the handgun and heroin were his, and that the marijuana and drug paraphernalia belonged to Oney.

October 14, 2014

Lansing Area Man and Husband of Local Doctor Sentenced to Prison After Both Convicted in Healthcare Fraud Scheme

by Scott Grabel

On October 6, it was announced by U.S. Attorney Patrick Miles that Mohamad Abduljaber, husband of Dr. Shannon Wiggins of Okemos, was sentenced to three and a half years in prison after being convicted in a healthcare fraud scheme in which Abduljaber and his wife received healthcare kickback payments. Abduljaber also signed a false tax return, according to the press release.

In sentencing Abduljaber to prison, U.S. District Judge Robert Holmes Bell also ordered him to forfeit $550,000 and to pay more than $285,000 in restitution to the IRS and Medicaid.

Between January of 2004 and April of 2011, Abduljaber and Dr. Shannon Wiggins, his wife, conspired to receive kickbacks for referring patients for electrodiagnostic testing. According to the press release, Abduljaber worked at Dr. Wiggins’ medical practice in the position of office manager. He admittedly signed a fraudulent tax return in which he claimed income for the billing of medical marijuana certifications, however the amount of cash income disclosed on the return was inaccurate.

October 13, 2014

New York Man Charged with Aggravated DWI, Endangering Welfare of a Minor

by Scott Grabel

On Sunday October 12, a Saratoga Springs, NY man was arrested just after 10:30 p.m. for allegedly driving while under the influence of alcohol. According to a news article at WCAX, Stephen Jenkins was pulled over by police after he was noticed driving in an erratic manner on Interstate 87 in Queensbury.

The news article claims that Jenkins’ blood alcohol concentration (BAC) was more than twice the legal limit of .08%. Jenkins also had a child in the vehicle with him at the time, and was placed in police custody awaiting arraignment on charges of felony aggravated DWI and a misdemeanor count of endangering the welfare of a child.

In Michigan, anyone who operates a vehicle with a blood alcohol content of .17% or higher will face a Super Drunk OWI charge, also referred to as high BAC. The Super Drunk law applies only to those who are first time offenders, or who have not been convicted of DUI within the previous seven years. If convicted of Super Drunk driving, the penalties an individual may face include fines of up to $700, driver’s license suspension for 45 days, followed by 320 days of restricted driving, up to 6 months (180 days) in jail, possible community service, and more.

October 10, 2014

Second DUI in Michigan and Losing Your Driving Privilege

by Scott Grabel

In the state of Michigan, the criminal penalties for driving under the influence or DUI are serious. However, for many people, losing their privilege to drive creates the biggest hardship. For a second DUI conviction within seven years of the first, your driver’s license will be suspended by the Secretary of State for one year. One year is a very long time to not be able to jump in the car to run an errand, go to a friend’s house, or simply go for a Sunday drive. For many, it is pure torture. Driving is a privilege, not a right.

What could be worse? Your driver’s license could be suspended for two years if your refused to take a chemical test twice within seven years. In this case, you cannot even apply for a restricted license due to personal hardships, such as the fact that you cannot drive to and from work, school, or for other vital reasons. In order to have your license reinstated, you will have to apply for a hearing with the Michigan Driver’s License Appeal Division (DLAD), and this is only after the two-year suspension has come to an end. Even then, reinstatement of your driver’s license is not guaranteed.

Don’t be fooled by the popular myth that no one is able to have their driver’s license restored at a first hearing. It IS possible, but you must have a capable and experienced Michigan driver’s license reinstatement attorney on your side. You can certainly attempt the process on your own, but doing so is foolish. If your first attempt fails, you must wait an entire year before requesting another hearing.

October 10, 2014

Appeals Court Upholds Former Arizona Congressman Rick Renzi’s Conviction and Sentence

by Scott Grabel

As this article indicates, even lawmakers can find themselves in trouble with the law. On Thursday, October 9, the criminal conviction and sentence for former U.S. Representative Rick Renzi were upheld by the 9th U.S. Circuit Court of Appeals, according to a news report at AZ Central.

Renzi, a former Arizona Republican Congressman who served from 2003 to 2009, was found guilty in 2013 of money laundering, racketeering, conspiracy, and other felony offenses. He was given a three year prison sentence, but was not imprisoned pending his appeal of the conviction and sentence.

Renzi was convicted by the U.S. District Court on what were basically two criminal schemes. He reportedly funneled money into his own political campaign which were insurance premiums designated to be paid to his company, and was found guilty of extortion when he allegedly threatened to block a federal land exchange proposal unless the proposal included property a business associate friend of Renzi owned.

October 9, 2014

42-year-old Brownstown Township Man Sentenced for Tax Fraud

by Scott Grabel

On October 2, it was announced by U.S. Attorney Barbara L. McQuade that 42-year-old Shane Bateman of Brownstown Township was sentenced for his role in a fraudulent tax scheme. Bateman, who pleaded guilty to the charges in May of this year, was sentenced to one year and one day in prison. He will also pay restitution to the IRS of more than $185,000, and be on supervised release for two years once released from prison.

According to the press release, Bateman and others participated in the scheme, with Bateman securing personal identification information and mailing addresses of innocent victims to give to the others who participated. The information was used to file fraudulent tax returns with the IRS, and in total requested $1.7 million in refunds on the 180 fraudulent tax returns that were filed, many with stolen identities.

Bateman provided the stolen information to a “supervisor” of the scheme; the refunds were then loaded onto TurboTax Visa debit cards, which Bateman picked up and used at ATM machines to withdraw cash in the metropolitan Detroit area. Bateman gave a portion of the money to the supervisor, and kept the rest. According to court documents, Bateman was not aware of the full scope of the scheme, or that it involved $1.7 million in returns.

October 9, 2014

Sideline Reporter for Hockey Team Suspended Following DWI Arrest

by Scott Grabel

On Saturday, October 4, 25-year-old Chantel McCabe was charged with driving while impaired after she was stopped by police in the 1600 block of Glenwood Avenue in Raleigh, NC according to a news article at Newsobserver.com. McCabe is the sideline reporter for the Carolina Hurricanes hockey team, and hosts the pregame show on FOX Sports Carolinas.

In a brief statement issued on Tuesday, team president Don Waddell said, “In light of what happened this past weekend, we think it is best that Ms. McCabe take some time away from the team.” She was suspended for the month of October.

News reports do not indicate whether it was McCabe’s first offense, or what her blood alcohol content was. In North Carolina, the least serious DWI offense is considered “level five.” If found guilty, the defendant may face a minimum of 24 hours in jail and a maximum of 120 days behind bars, along with a $200 fine, community service, probation, and license suspension for one year.

October 8, 2014

Headmaster at Prestigious California Prep School Arrested on Drug Charges

by Scott Grabel

Yesterday, it was announced at The New York Times that administrators at Branson School, a prestigious prep school in California, were attempting damage control after the headmaster and a 21-year-old woman who was not his wife had been arrested on felony drug charges at a local hotel. Thomas Woodrow Price, the 54-year-old headmaster, was arrested on Friday in Rancho Cordova after police found methamphetamine, cocaine, and heroin in a hotel room where Price and the young woman, who was passed out on a bed, were found.

According to the news article, police found an amount of drugs large enough to charge Price and the 21-year-old woman, Brittney Hall, with possession of methamphetamine for sale. Branson School has one of the highest annual tuitions of any prestigious high schools in the nation, according to the article, at $40,000. Price’s annual salary was said to be approximately $500,000 per year. Price, who was known as “Woody” by friends and co-workers, posted bail on Saturday.

Price has been the school’s headmaster for eight years, appointed to the position in 2006.