Michigan Criminal Lawyers Blog

October 7, 2014

October is Bullying Prevention Month – Let’s Work Together to STOP Bullying in Schools and Online

We have all witnessed the tragic endings bullying can cause in the past several years through media reports. Some children have been abused at the schools they attend for education, while others, particularly teens, have been bullied online. Some have committed suicide. Bullying has become a real and growing problem in our country, and we must all work together to put an end to this sad epidemic. October is National Bullying Prevention Month; at Grabel & Associates, we wanted to do our part to further educated you on bullying in our nation’s school, and online (cyberbullying).

First of all, what is bullying? It is any aggressive behavior that occurs repeatedly and is unwanted by the child being bullied, and involves a power imbalance that is real or perceived. A verbal or physical attack, threats, purposely excluding the victim from a group, spreading vicious or ugly rumors – these are all examples of bullying. Notice that we said the “child being bullied” above. It is important that children who are bullied are not labeled as “victims,” as labels can result in other undesirable consequences. At Stopbullying.gov, it is recommended that society not focus on labels for who did the bullying, who assisted, or who the victim is, but instead on the behavior.

It’s also important to note that there may be many children involved in bullying other than the primary perpetrator, and the child being bullied. These include children who assist or reinforce, outsiders who stand by the sidelines and may want to help but don’t know how, and children who defend, attempting to give the child who is being bullied comfort.

October 6, 2014

Petaluma Man Held on Suspicion of DUI and Manslaughter Following Fatal Crash

by Scott Grabel

On Saturday, October 4, 30-year-old Osmon DeLeon of Petaluma, California was involved in an accident on Highway 101 in San Rafael that resulted in the death of another motorist, according to SFGate. The name of the victims were not released, although the news report did indicate that the driver and passenger of the Toyota the victim was driving were taken to Marin General Hospital, where the driver was pronounced dead.

DeLeon was hospitalized briefly for his injuries, before being booked into the Marin County Jail on suspicion of driving under the influence and manslaughter. According to California Highway Patrol spokesman Officer Andrew Barclay, a citizen called regarding a motorist who was possibly intoxicated at about 1:20 in the morning. The citizen reported that the erratic driving motorist was headed in a northbound direction on Highway 101 near North San Pedro Road, and was driving a 2001 Mitsubishi Montero.

DeLeon’s SUV veered off of the freeway and into an embankment before swerving back onto the freeway lanes, where it then rear-ended the victim’s vehicle and caused both vehicles to flip before landing back on their wheels. He was arrested on suspicion of drunken driving causing injury or death, and gross vehicular manslaughter while intoxicated.

October 3, 2014

22-year-old Saginaw Man to Serve More Than 30 Years for 2013 Shooting at Apartment Complex

by Scott Grabel

On September 15, 22-year-old Keith K. Solomon Jr. was sentenced to 36 years and three months to 65 years in prison after being convicted of seven felonies involving a shooting at the Birch Park apartment complex in May of 2013. Solomon was given credit for just over 16 months already served.

In July, Solomon was convicted of shooting Gerald Hudson at the apartment complex after the two men became involved in an altercation. According to a news article at Mlive.com, Hudson was sitting in van when Solomon, who was riding a bicycle, circled the van and eventually began speaking to two other people in the vicinity. Hudson got out of the van and shook one of the individual’s hands before walking back toward the van, when Solomon decided to follow him. Hudson then turned toward Solomon, raised his fists, and told Solomon he did not want to fight. Solomon replied to Hudson that he (Hudson) wasn’t going to knock him out like he did Solomon’s cousin, upon which he pulled a handgun and shot Hudson.

Hudson recovered from his injuries and was able to testify at Solomon’s trial. In addition to his conviction for assault, Solomon was found guilty of possessing a firearm as a felon, carrying a concealed weapon, carrying a dangerous weapon with unlawful intent, and three felony firearm counts as a second time offender. In November, Solomon turned down a plea agreement which would have resulted in a minimum 20 year sentence.

October 3, 2014

Alabama Mayor’s Driver’s License Suspended for 90 Days Following DUI Arrest

by Scott Grabel

On Monday, September 29, it was announced that Hartselle, Alabama Mayor Don Hall would have his driver’s license suspended beginning this month and lasting until January after his September 5 DUI., according to Al.com. Hall was initially given a temporary license.

The mayor was arrested in Limestone County in early September after troopers received reports about an erratic driver. Hall refused to submit to a breathalyzer test at the time of his arrest. As far as how Hall intends to fulfill his duties as mayor during the suspension period, Hall said that, “I have people who are willing to offer their help and support when the time comes.”

Hall is scheduled to be arraigned on October 16 on a misdemeanor charge of driving under the influence.

October 2, 2014

Salt Lake City Doctor Convicted of Murdering His Wife Appealing Sentence

by Scott Grabel

On September 19, a Salt Lake City judge ordered Dr. Martin MacNeill to serve 15 years to life for the murder of his wife so that he could carry on an affair with another woman, according to a news article at Fox 13. MacNeill is now appealing his sentence, which was to be stacked on top of other crimes he had been convicted of including forcible sex abuse and obstruction of police.

Ultimately, the former doctor faces a maximum of 45 years to life behind bars. On Monday, September 29, his attorney filed documents to appeal the judgment, sentence, and commitment according to the article.

MacNeill had been a respected physician who enjoyed a high social standing with his wife, Michele. According to a judge in the case, he was living a double life with his wife and Gypsy Willis, his mistress, but was not willing to give up his marriage and sacrifice his career/social standing. He then went on to plot his wife’s death, according to Fourth District Court Judge Derek Pullan.

October 1, 2014

Olympian Michael Phelps Apologizes Following Second DUI Arrest

by Scott Grabel

On Tuesday afternoon September 29th, Olympic swimming great Michael Phelps apologized after he was arrested on suspicion of DUI for a second time. Phelps was arrested for driving under the influence in 2004. This time, the Olympian is charged with DUI, crossing double-lane lines, and excessive speeding, according to a news article at ESPN. The incident occurred in Baltimore on Interstate 95 in the Fort McHenry Tunnel, when officers pulled Phelps over for speeding. He allegedly failed field sobriety tests.

In his apology, Phelps acknowledged his arrest and said that he took full responsibility for his actions, which he understands are severe. He went on to say that he was deeply sorry to those he had let down.

Phelps was allegedly driving his Land Rover when he came through the tunnel doing 84 mph in a 45 mph zone. Following his first DUI arrest in Maryland in 2004, Phelps was fined $250 and put on 18 months probation. He also delivered presentations to students at three area high schools regarding alcohol awareness.

September 30, 2014

Homeless Man Charged in Fatal Ypsilanti Township Heroin Case

by Scott Grabel

Russell Smith, a 37-year-old man that according to court records is homeless, was arrested and charged in a case involving an Ypsilanti Township man who died after Smith provided him with heroin, according to news articles at Mlive.com. The incident happened last year, and Smith was charged on July 14, although he appeared in circuit court for the first time on Tuesday, September 23. His hearing was adjourned for three weeks.

Smith’s co-defendant in the case, 21-year-old Devin Wilson, had her case postponed while police worked for months to arrest Smith. Wilson was sentenced on July 15 to one to 15 years in prison for giving Terry Mike Norris, her 37-year-old boyfriend, a fatal dose of heroin. She pleaded guilty, and in exchange for her plea agreed to testify against Smith, who allegedly provided her with the heroin.

Smith is charged with delivery or manufacture of heroin, delivery of a controlled substance causing death, and lying to a peace officer. Police did not reveal how they tracked Smith down. He remains incarcerated in the Washtenaw County Jail on a $10,000 cash or surety bond.

September 29, 2014

Fatal Ontario Crash Involving Big Rig Results in Arrest of Driver on Suspicion of DUI

by Scott Grabel

Earlier this month, Hilario Homberto Urena was arrested on suspicion of DUI after the big rig he was driving crossed a yellow line and struck on oncoming vehicle head-on. The driver of the other vehicle died of the injuries he sustained, according to police. The accident occurred in Ontario on Haven Avenue, according to KTLA 5.

Urena, who is 40 years old and a resident of the Bay Area suburb of Tracy, fled the scene of the accident before driving onto the 60 Freeway and abandoning his truck. A news release indicated that the crash took place just after 1 a.m. on Thursday, September 11. California Highway Patrol claimed that the truck’s bumper was left at the scene of the accident. When Urena drove onto the 60 Freeway on-ramp, his big rig struck a wall; the truck finally came to rest in a lane of the freeway,. where another motorist hit it. Urena was walking on the freeway when police spotted him and took him into custody.

Police believe that alcohol contributed to the fatal accident, saying that Urena exhibited signs that he had consumed alcohol. He has been booked on charges of felony DUI while operating a commercial vehicle, suspicion of vehicular manslaughter while intoxicated, and felony hit and run.

Vehicular manslaughter while intoxicated, felony hit and run – these are very serious charges. As Michigan DUI defense attorneys know, a charge of driving while under the influence is serious enough on its own, leaving the defendant facing possible jail time, steep fines, driver’s license suspension, community service, and more. However, when another person is seriously injured or killed in an accident caused by an intoxicated driver, the situation becomes much more serious.

In the state of Michigan, a conviction for OWI causing death or manslaughter may result in penalties which include a maximum of 15 years in prison. If a highway or emergency worker is killed in an accident caused by a drunk driver, the defendant may face up to 20 years behind bars if found guilty.

September 26, 2014

Handyman Charged in Murder of Bloomfield Township Resident

by Scott Grabel

Earlier this week, a Wayne man was charged in the September 4 homicide of a Bloomfield Township resident. Bart Mitchell Spencer, a 45-year-old handyman, is suspected of murdering 77-year-old William Whitelaw. According to news reports at the Detroit Free Press, Spencer has an extensive criminal record.

At the time of news reports, an arraignment date and time could not be set as Spencer had allegedly violated his parole and was in custody of federal authorities. While several individuals were arrested in connection with Whitelaw’s death, Spencer is the only one charged in the homicide as authorities believe he carried out the murder alone.

According to the news article, Spencer did work for several residents who lived in the condo complex where Whitelaw lived. He had also done work for the victim, and was well-known in the complex. On the evening of September 4, authorities were dispatched to the victim’s condo after Whitelaw’s son called 911 and reported a deceased person.

September 26, 2014

Governor Snyder Signs New Law Replacing Driver Responsibility Fees with Community Service for Some Motorists

by Scott Grabel

On Tuesday, September 23, Michigan Governor Rick Snyder signed a new law that will essentially make it possible for some motorists to perform community service, rather than paying off old driver responsibility fees. This new law will apply to motorists who were assessed a two-year driver responsibility fee in addition to payment of a traffic ticket for driving without proof of insurance or a valid driver’s license, according to a news article at Mlive.com. The new law was proposed by Senator Bruce Caswell, R-Hillsdale.

In announcing the signing of the bill, Governor Snyder said that “While we are ultimately phasing out driver responsibility fees, this program gives Michiganders the opportunity to give back by volunteering as an alternative way to pay their fines.”

Michigan driver’s license restoration attorneys know that many people have their licenses suspended due to DUI offenses, failure to pay child support, and for other reasons. However, many people drive without a valid license, believing they will not get caught. While many do not, many motorists DO get caught driving on a suspended license. This will result in a $500 fine for a first-time offender, along with a driver responsibility fee of $500 for two consecutive years. Ultimately, this is a cost that many people simply cannot afford.

While driver responsibility fees for driving without a valid license or proof of insurance were eliminated in 2012, some people had their driver’s licenses suspended because they failed to pay off old driver responsibility fees. This new law would allow these individuals to complete community service and get their licenses restored by simply paying the standard $125 fee.

Those who are eligible to participate in the new program will be mailed a notice from the Treasury, and allowed to complete 10 hours of community service which will in effect “pay off” one delinquent assessment.

Established over a decade ago, driver responsibility fees were established to balance the state’s budget, however many have come to see these fees as a “death penalty” for motorists who have a difficult if not impossible time paying court costs, fines, and fees in order to legally drive to work. Secretary of State Ruth Johnson called the new law a “common sense” option.