Michigan Sex Crime Attorneys Blog

August 12, 2014

Bay City Man Allegedly Has Sex with Young Girl, Facing Five Felony Charges

On Wednesday August 6, 45-year-old Bruce Scherzer of Bay city was arraigned on five felony charges in connection with the alleged sexual assault of a girl who is younger than 13, according to news reports at Mlive.com.

The girl reported the two incidents, which allegedly took place in July, to staff at the Nathan Weidner Children’s Advocacy Center. She claimed that Scherzer had touched her private area, and had her touch his private area at a Bangor Township residence, and claimed that he had sex with her on two different occasions.

Scherzer is charged with two counts of first-degree criminal sexual conduct with a person younger than 13, an offense that if convicted could leave him facing up to life in prison. The mandatory minimum sentence for a conviction of first-degree CSC with someone younger than 13 is 25 years. Scherzer is also charged with three counts of second-degree CSC with a person younger than 13, a 15-year felony.

Scherzer, a married father of four children, requested that Bay County District Judge Mark E. Janer appoint him an attorney, as he could not afford to hire a lawyer himself. His bond was set at $200,000 as requested by the prosecutor, who said Scherzer had been convicted on a conspiracy to commit armed robbery charge back in the mid-90’s.

Protecting a defendant’s freedom and reputation can be extremely tough in sexual assault cases, particularly when children are involved. As all Michigan sex crime attorneys are aware, too many innocent people are found guilty of crimes of this nature. Children are easily influenced by adults, who may coerce them into making up stories or saying things that are not factual. While children are sexually abused in our country every day, there are unfortunately many cases in which innocent individuals sit behind bars today.

August 7, 2014

Saginaw Man to Stand Trial for Sexual Assault of Young Girl

by Scott Grabel

Image from Mlive.com

Michael E. Flores, a 28-year-old Saginaw man, was arrested for allegedly sexually assaulting a girl who was under the age of 13 in August of last year. Flores was initially charged with three counts of first-degree criminal sexual conduct, and now one count of second-degree CSC has been added.

In July, a not guilty plea was entered by Saginaw County District Judge M.T. Thompson on Flores’ behalf. He was ordered held in custody on a $150,000 bond. At his preliminary hearing on August 1, a judge ruled that prosecutors in the case demonstrated probable cause to take Flores to trial in Circuit Court.

If Flores goes to trial and is found guilty, he will spend a minimum of 25 years in prison. In Michigan, first-degree criminal sexual conduct carries a maximum penalty of life in prison; however, when the victim is younger than 13 years of age at the time of the assault, the minimum sentence is 25 years. This means that if Flores is found guilty, he will likely be in his mid 50’s before he has any chance of being released from prison – but he could be sentenced to life. Continue reading

July 29, 2014

Muskegon Man Facing Rape Charges in Two Separate Incidents Involving 14-year-old Victims

by Scott Grabel

Last week, 23-year-old Edward Charles Eubanks was arraigned on charges in connection with two separate incidents in which he allegedly raped 14-year-old girls in his car. According to a news article at Mlive.com, Eubanks, a Muskegon resident, was charged with one count of first-degree criminal sexual conduct involving sexual penetration through force or coercion, causing physical injury, and one count of third-degree CSC with a victim between 13 and 16 years old.

Eubanks has been convicted on drug charges in the past, and was charged as a fourth-time habitual offender in the rape cases. According to Timothy Maat, Chief Assistant Muskegon County Prosecutor, both of the 14-year-old girls knew Eubanks, who raped each girl after offering her a ride in his car. One of the rapes is alleged to have occurred on June 1, and the other on July 21. A preliminary hearing is scheduled for August 5; Eubanks remains in Muskegon County Jail.

First-degree criminal sexual conduct involves penetration, and is the most serious sex offense an individual may be accused of. If convicted, the defendant may face up to life in prison. Registration as a sex offender is mandatory for those found guilty of first-degree CSC.

Third-degree criminal sexual conduct also involves penetration, and is a charge given when other conditions are met, such as force or coercion, the defendant knows that the victim is incapacitated either physically or mentally, and other conditions. The criminal penalties for a conviction of third-degree CSC include up to 15 years in prison and sex offender registration, among other penalties.

Michigan sex crime defense attorneys are certainly aware that rape, child molestation, and other similar crimes do happen all too often, however there are also many occasions on which an individual who is innocent is accused of rape or sexual assault. This can result in an innocent person spending a substantial number of years or even life behind bars. Even worse in some cases is the fact that the individual will be labeled as a sex offender, and shunned by society.

July 24, 2014

Bay City Man Charged with Sexual Assault of Young Girl Over Four Year Time Span

by Scott Grabel

On Tuesday, July 22, 49-year-old Joseph A. Howell of Saginaw was arraigned on charges of sexually assaulting a young girl beginning in January of 2008, and continuing through December of 2011. According to a news article at Mlive.com, Howell was charged with two counts of first-degree criminal sexual conduct with a victim younger than 13, and two counts of second-degree CSC with a victim younger than 13.

Court records revealed that the alleged victim notified staff at the Nathan Weidner Children’s Advocacy Center about the molestations by Howell. The young girl told staff that Howell had digitally penetrated her on numerous occasions at a Bay City residence.

Howell is attempting to get disability payments due to health concerns, and is not employed. He was arraigned via closed-circuit television in front of Bay County Chief District Judge Timothy J. Kelly from his jail cell. Howell’s preliminary exam is scheduled for August 5. His bond was set at $250,000 cash-surety.

Second-degree CSC is a 15 year offense, while first-degree criminal sexual conduct can result in a life prison term for those convicted. If found guilty, Howell could spend the remainder of his life behind bars.

Michigan sex crime attorneys know there are legal options for those accused of sexual assault, child molestation, and other related crimes. Depending on the situation and whether the alleged offender is guilty or innocent, an experienced lawyer may advise the client that working a plea agreement with prosecutors may be advantageous. In a situation where the evidence against the defendant is substantial or overwhelming, it may be best to plead guilty to a lesser charge, which typically results in a reduced sentence.

July 22, 2014

Father & Son Charged with Sexual Assault of Young Female Relative

by Scott Grabel

Recently, a father and son from Birch Run were charged with the sexual assault of a young female relative. According to news reports at Mlive.com, 66-year-old Juan Cabello Sr. and 41-year-old Juan Cabello Jr. were charged with multiple sex-related counts after allegedly assaulting a relative over a span of five years. The alleged sexual assault began when the girl was younger than 13.

The two Cabellos were arrested by Michigan State Police on July 17 after prosecutors charged the men with sexually assaulting the young girl beginning in 2008, and continuing through late last year at their Birch Run Township home. Cabello Sr. was charged with two counts of first-degree criminal sexual conduct against someone under the age of 13, and one count of second-degree CSC against a relative age 13 through 16. Cabello Jr. faces two counts each of first- and second-degree CSC against a relative.

The two men pleaded not guilty to the charges against them, and were held on $50,000 bonds ordered by Saginaw County District Judge Kyle Higgs at their July 18 arraignment. The Cabellos are scheduled for a preliminary hearing on July 30.

First-degree criminal sexual conduct is an extremely serious charge, and involves penetration. If convicted, the maximum penalty is life in prison. Individuals who are found guilty of most sex crimes are also required to register for a determined amount of time to life as a sex offender, depending on whether the crime is considered a Tier I, Tier II, or Tier III offense. Being a registered sex offender is often the worst punishment of all for an individual who serves little time behind bars, as it makes finding employment or housing difficult. Society also tends to shun those who are known sex offenders.

July 10, 2014

Crystal Man Charged with Six Felonies in Alleged Sexual Assault of Teen Girls

by Scott Grabel

Just over two weeks ago, a Montcalm County man was charged with six felonies in connection with the alleged sexual assault of two females who were 13 and 16 at the time of the assaults, according to news articles at Mlive.com. 33-year-old Jeremy Geselman of Crystal is charged with two counts of first-degree criminal sexual conduct, one count of second-degree CSC, two counts of third-degree CSC, and one count of fourth-degree CSC. If convicted on the first-degree charges, Geselman could spend the rest of his life behind bars as the maximum punishment is life in prison.

According to Montcalm County Sheriff William Barnwell, Geselman was apprehended after the two alleged victims came forward and shared their stories with police. Geselman was arrested while already in jail on other unrelated charges.

Barnwell said that the sexual assaults occurred in 2013, and that one of the alleged victims is a Crystal resident. Because Geselman was already in police custody and the two young women had provided testimony, he felt that the case would be “pretty straightforward.” Barnwell also commended the county prosecutor for speedy turnaround time.

At the time of news reports Geselman remained behind bars on a $100,000 bond. His pre-trial conference was scheduled for July 7. Whether the victims knew Geselman previously and how he came into contact with the young women has not yet been revealed.

Michigan sex crime lawyers know that there are many cases in which innocent individuals are accused of rape, child molesting, and other crimes they did not commit. While people do commit these crimes, those who are falsely accused can have their lives ruined. Depending on the charges and whether the accused is found guilty, penalties can range from a few months in jail to a lifetime behind bars. Even worse for some who spend a few years behind bars is the fact that their reputations are scarred for life, and they may also be required to register as a sex offender for many years or even the rest of their lives.

June 25, 2014

Man Charged with Sexual Assault of Elderly Grandville Woman in Home Invasion

by Scott Grabel

On Thursday, June 19, Grandville police were called to the home of an elderly woman who had allegedly been sexually assaulted by a man who tricked her into letting him inside her home, where he stole money. According to Mlive.com, Shawn Jarrett got away with an undisclosed amount of money when he left the woman’s home on a bicycle.

Officers were called to the woman’s home in the 3700 block of Prairie Street SW at approximately 11 a.m. on the 19th. The woman told officers that the man came to her back door and used a ruse to gain entrance into her home. She claimed that she was injured by the man, although the nature of her injuries were not revealed by police.

Jarrett was formerly charged by Grandville District Court Judge Peter Versluis with first-degree criminal sexual conduct and first-degree home invasion. He denied bond for Jarrett, who protested and asked the judge how could he just tell Jarrett that he committed the crime without asking where he was at the time. Because of the seriousness of the crimes and Jarrett’s criminal background, the judge told Jarrett that he would have “plenty of time to address his case in open court at a later date.”

According to Walker police, Jarrett is also a suspect in the murder of a 40-year-old woman who was found dead in late May at a construction site. He also served 30 years in prison in Pennsylvania, a portion of that time for felony murder.

First-degree home invasion is very serious offense, leaving the defendant to face up to 20 years in prison if found guilty, along with substantial fines. In addition, this time may be served following any sentence given for the underlying crime, such as larceny. While any serious or violent crime requires the legal support of a skilled defense attorney, first-degree criminal sexual conduct is a charge that leaves the accused facing up to life in prison if convicted.

First-degree CSC involves penetration, and is a highly serious charge. While rape and other sex crimes do happen every day in our country, there are also many people who are wrongly accused of these types of crimes. While it is not likely in this case, there are many people who out of rage or spite will accuse others of rape or some other form of sexual abuse.

June 10, 2014

Los Angeles Acting Coach Faces Allegations of Sexual Assault Against 13-year-old Girl

by Scott Grabel

Last week, 54-year-old Cameron Thor, an acting coach in Los Angeles who has appeared in several movies and gave teens acting lessons, was charged with 14 counts of sexual assault against a minor and kidnapping, according to an article at Deadline|Hollywood. The charges are in connection with a 13-year-old girl whom Thor gave acting lessons to in 2008, when the alleged sexual assault took place.

Thor’s arraignment was originally scheduled for Thursday June 5, but was postponed to June 19. Thor gave acting lessons in the Carter Thor Studio in Studio City, CA. The District Attorney in the case claims that the 13-year-old girl was given marijuana by Thor before he sexually assaulted her. Thor, perhaps best known for a bit part in Jurassic Park, allegedly raped the girl in a secluded area in Los Angeles’ tony Agoura Hills section. The sexual assaults are said to have taken place over a time span of 11 months, beginning in April of 2008 and continuing until March of 2009, according to the NY Daily News.

At last report, Thor was in jail on a $2.6 million bail.

When penetration is involved, those accused face extremely serious criminal penalties if found guilty. In California, statutory rape will leave the accused individual facing up to 5 years in prison if charged as a felony offense. Statutory rape is considered a “wobbler” offense in the state, which means it may be charged as a misdemeanor or felony. The law is very different in Michigan, where statutory rape is typically charged as third-degree criminal sexual conduct and punished by a maximum of 15 years in prison.

First-degree criminal sexual conduct is the most serious sex offense charge in Michigan, and will leave the defendant facing up to life in prison if convicted. In addition, the majority of offenders are required to register on Michigan’s sex offender registry, which means their information can be viewed by anyone who chooses to search the website including friends, co-workers, potential employers, and others.

June 4, 2014

Minnesota Man Sentenced to More Than 8 Years in Prison for Rape of Mentally Impaired Victim

by Scott Grabel

According to a news release issued on Tuesday, June 3 by the Cass County Attorney’s Office, a 45-year-old Walker, Minnesota resident has been sentenced to more than eight years in prison for raping a woman. Darren Joseph Sayers pleaded guilty to third-degree criminal sexual conduct, a felony charge.

Sayers is accused of having sexual intercourse with a woman who was mentally impaired or physically helpless in September of last year. Sayers was convicted of a gross misdemeanor for harassment, stalking, and intent to injure in 2009. News reports indicate that once released from prison, Sayers will be required to register as a predator. Minnesota’s BCA (Bureau of Criminal Apprehension) predatory offender registration is similar to Michigan’s sex offender registry in that the public is given access to the names, addresses, and other information regarding individuals who are considered predators or a potential danger to others. Ultimately, both registries work to enhance public safety.

In Michigan, an individual who is accused of engaging in a sexual act that involves penetration with someone who is physically or mentally incapacitated may be charged with first- or third-degree criminal sexual conduct, depending on the details of the case. First-degree CSC is the most serious of all sex offenses in Michigan, and is punishable by a maximum prison term of life in prison. An individual found guilty of third-degree criminal sexual conduct may face up to 15 years behind bars. In either case, it is likely the defendant will be required to register as a sex offender for a specific time period or for the rest of his or her life, depending on the crime.

Being labeled a sex offender negatively impacts a person’s life far more than he or she would ever imagine. Anyone, including friends, neighbors, employees, or co-workers, can find information about registered sex offenders online. Sex offenders often cannot possess firearms, and can only live where it is permitted. Employment opportunities are severely limited as well.

June 3, 2014

23-year-old Saginaw Man Facing Rape Charges, More in Alleged Home Invasion

by Scott Grabel

On May 19, 23-year-old Welton D. Pulliam of Saginaw was arrested by Michigan State Police for allegedly raping a 22-year-old woman at her apartment during a home invasion, according to news reports at Mlive.com. He was scheduled for a preliminary hearing on the charges on Monday, June 2.

While there are few details regarding the home invasion, the incident is alleged to have occurred on April 28 at an apartment on Saginaw’s West Side. The arrest warrant issued for Pulliam indicated that he raped the woman. He was charged with four felony offenses including first-degree criminal sexual conduct causing personal injury, extortion, and first-degree home invasion. On May 29 while he remained in jail on a $150,000 bond, prosecutors also charged Pulliam with interfering with or intimidating a witness; this charge was also in connection with the April 28 incident.

Home invasion and extortion charges will leave an individual who is convicted facing up to 20 years in prison. In Michigan, first-degree criminal sexual conduct, the legal charge for rape, is the most serious of all, leaving those charged facing a maximum of life in prison if convicted. Intimidating or interfering with a witness is a 10-year felony.

While all of the charges Pulliam faces are serious, rape is by far the most serious. If convicted, not only will he face any number of years up to life behind bars, he will also be required to register as a sex offender for life. Sex offenders cannot choose where they may live in many cases; obtaining employment or financial assistance is also extremely difficult. Sex offenders are shunned by society, often ignored or looked down upon in the community.