Court Watching: Judge Oakley binds over two for B&E in city of Belleville

Lamar Rawsean Middlebrooks, 36, and co-defendant Deangelo Luther Vanover, 33, each were charged with breaking and entering a building with intent, possession of burglar’s tools, and larceny in a building on Oct. 20 in the city of Belleville.
They waived their preliminary exams on Nov. 2 at 34th District Court before Judge Brian A. Oakley and he bound them over to the Frank Murphy Hall of Justice on Nov. 16 for an arraignment on the information. Belleville Officer Craig Lewis is the officer in charge of the case.
Belleville Police Chief Hal Berriman said a citizen saw two men removing items from a vacant house at 133 Wabash and called police. Officer Jeff Wickham was dispatched to the scene and stopped the two defendants who were leaving the scene with a hot water tank and boiler worth over $5,000 in their van. The two, from Dearborn Heights, had the address on a cell phone in their possession, so they knew where they were going, Chief Berriman said. They also had cutting tools and a big wrench. Officer Trombley, who was off duty, and VBT officers assisted.
When they got to circuit court for their arraignments on the information before Circuit Court Judge David A. Groner, a plea deal was arranged. They both pled guilty to breaking and entering of a building with intent and the other two charges were dismissed.
The two were referred to probation for pre-sentencing reports. Judge Groner is due to sentence them on Dec. 13. The B&E charge could bring up to 10 years in prison.
Dayshawnna Shani Logan
Shantika Shanese Shahid
Co-defendants Dayshawnna Shani Logan, 22, and Shantika Shanese Shahid, 24, waived their preliminary exam before Judge Oakley on Nov. 2 on charges of false pretenses, more than $1,000 but less than $20,000 that allegedly occurred on Oct. 15 in Van Buren Township.
Logan is scheduled to have her arraignment on the information on Nov. 16 at the Frank Murphy Hall of Justice. Her attorney said she had a driving while license suspended charge in another court that same day, but Judge Oakley said the felony charge would supercede that lesser charge. Logan is free after posting her bond of $20,000/10%. She was arraigned at circuit court and a disposition conference is set for Nov. 28 before Judge James Chylinski.
Shahid was lodged in the Wayne County Jail on $10,000/10% bond. Shahid, who also has a charge of possession of marijuana, was scheduled for arraignment on the information at the Frank Murphy Hall of Justice on Nov. 9. Judge Chylinski set a disposition conference for her on Nov. 21.
VBT Detective Ken Toney is the officer in charge of the cases.
Corey Marcal Moore
The probable cause conference for Corey Marcal Moore, 42, on charges of operating while intoxicated-third and driving while license suspended-second last Christmas was adjourned to Nov. 23 at the request of Moore’s retained attorney. His personal bond of $5,000 was continued.
Allan Michael Stefanski
Allan Michael Stefanski, 25, waived his preliminary exam on charges of retail fraud-1st degree, carrying a concealed weapon, assaulting/resisting/obstructing a police officer and weapons-felony firearms on Oct. 18 in VBT.
Stefanski was in the Wayne County Jail on $25,000 cash bond.
Judge Oakley bound him over to the Frank Murphy Hall of Justice for an arraignment on the information on Nov. 9. His attorney said he has a competency hearing that same day.
Stefanski’s final conference was set for Dec. 8 or a jury trial for March 13 before Judge James A. Callahan.
VBT Detective Donovan McCarthy is the officer in charge of the case.
Michael David Scullen
Michael David Scullen, 41, is charged with larceny (more than $1,000 but less than $20,000) and larceny from a motor vehicle on Oct. 11 in VBT. He waived his preliminary exam and was bound over to the Frank Murphy Hall of Justice on Nov. 16.
On Nov. 16 a plea deal was arranged and a disposition conference set for Nov. 30 before Circuit Court Judge Deborah Thomas.
His court appointed attorney is Matthew Evans. Scullen had been lodged in the Wayne County Jail on bond of $10,000/10% but no longer is lodged. Officer in charge is Det. Toney.
Steven Lester Gagosian
Judge Oakley held a motions hearing for Steven Lester Gagosian, who was being prosecuted for operating while intoxicated-2nd. He was arrested Aug. 16, 2014 and had a blood draw. The VBT police department got the results within nine days, but the warrant was not authorized until Feb. 20, 2016, 409 days after the arrest.
Gagosian’s attorney Joseph Awad said the clock started with the arrest and his client was not afforded a speedy trial.
Awad said between the arrest and the institution of charges the patrol car tape was lost, a witness was lost when he moved back to Arizona, and his client’s wife and child moved to Florida two weeks ago for a job.
The Assistant Wayne County Prosecutor said under statute the operating while intoxicated charge has a limit of six years and the clock started ticking in February 2016 when the warrant was issued.
The prosecutor cited case law to show the clock starts at the beginning of proceedings.
Gagosian’s attorney Awad, however, said he had case law that shows the clock starts at the time of arrest.
“Case law is clear,” Awad said. “Michigan has afforded more rights than federal… The arrest triggers formal proceedings.”
Judge Oakley said to let the prosecutor decide whether or not or when to charge, “It makes no sense to let the prosecutor decide.”
“The fact that it didn’t move forward is on the People,” Judge Oakley said, noting they could have filed nine days after his arrest.
“I will grant the order,” Judge Oakley said, dismissing the case.