Basiga Law Firm in the News
NEWAYGO COUNTY, MI – One of three federal prisoners accused of plotting to break out of the Newaygo County Jail was acquitted after a jury trial.
Victor Lamont Garcia was found not guilty last week at trial in U.S. District Court in Kalamazoo.
Two others – Timothy Mark Calicutt and Jaron Howard Morgan – earlier pleaded guilty to charges and await sentencing. Federal prosecutors said the defendants, over the course of a month, made tools to get into a locked utility hatch, or attic, and open a hole in the ceiling of their cell.
The federal government contracts with Newaygo County to house prisoners awaiting trial or sentencing.
The alleged plot began Sept. 28 and ended Oct. 24 when jail officials discovered evidence of a breakout.
Garcia had served an eight-year prison sentence for being a felon in possession of a firearm when he was arrested last fall for allegedly violating terms of his supervised release.
Garcia’s attorney argued that Calicutt coerced his client’s involvement – Garcia allegedly held up a blanket to conceal what others were doing – after a fight.
“Defendant Calicutt issued threats of physical harm to Defendant Garcia, coercing Defendant Garcia into assisting the other Defendants with their escape plans,” Lansing attorney Brendon Basiga wrote in a trial brief.
PONTIAC, Mich. (WILX) – Ethan Crumbley, the 15-year-old boy accused of opening fire, killing four students and injuring seven others at Oxford High School, is planning to pursue an insanity defense.
The notice was filed Thursday. It should lead to mental health examinations of the teenager, who was charged as an adult with terrorism, first-degree murder and other crimes.
What does an insanity defense mean? How do the courts determine whether or not someone qualifies?
According to Michigan law, “An individual is legally insane if, as a result of mental illness as defined in section 400 of the mental health code, or as a result of having an intellectual disability as defined in section 100b of the mental health code, that person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. Mental illness or having an intellectual disability does not otherwise constitute a defense of legal insanity.”
“If the jury believes it, then he’s off the hook,” said Brendon Basiga, a criminal defense attorney.
Basiga revealed a potential outcome if the insanity plea is successful.
“They have to file that notice and then the individual is immediately sent to the Center For Forensic Psychiatry,” Basiga said. “The evaluation is very specific. It evaluates the individual’s mindset at the time of the offense.”
Criminal defense attorney Rico Neal said the psychiatric tests have to prove that Crumbley was clinically insane at the time of the shooting.
Excerpt from the article: (Lansing State Journal)
“A Holt elementary school teacher has been charged with sexually assaulting a child in Shiawassee County, according to court records.
Brian Hannon, a transitional kindergarten teacher at Elliott Elementary School, was placed on leave Dec. 15 after the district learned of the allegation, according to an email Superintendent David Hornak sent out to the Holt community Tuesday.
Hannon was charged Dec. 27 with second-degree criminal sexual conduct of a child under 13. The reported date of the offense is Dec. 6.
Hannon’s attorney, Brendon Basiga, declined to comment.
Hannon was hired in 2018, according to Hornak’s email. He will remain on paid administrative leave as the district investigates the credibility of the allegations.
The district does not believe any Holt students are involved, Hornak said, but officials plan to provide academic support and counseling to anyone who feels impacted by the charges. “
Excerpt from the article:
LANSING TWP. — “A Clinton County man is suing two Lansing Township police officers, alleging they used excessive force when they arrested him in September 2018 and caused further damage to his already injured wrist.
Damien Molina-Clark was at a friend’s house when his friend and his friend’s girlfriend began to fight, according to the lawsuit. Someone ended up calling the police.
The tenant spoke to police briefly outside, but would not let police into the apartment building, according to the lawsuit. The tenant then went into his individual apartment, closed the door and locked it.
Police pushed intercom buttons until someone let them into the complex, according to the lawsuit. The police started banging on the apartment door, demanding the tenant open it and saying they were not going away.”
Excerpt from the article:
“…Moody never completed a report about Dexter’s death and the police report remains incomplete. The sheriff’s office declined to comment about the lawsuit.
The family’s attorney, Brendon Basiga, said he did not know why Moody did not have a narrative in the report.
Holly Dexter saw her daughter had a gun under her stomach and she initially started to run to the back of the store, but turned and went back to prevent her daughter from hurting herself, according to the lawsuit.”
Larkin Neely’s Case: (VIDEO) Mr. Neeley’s sentencing in December 2019
Mental health continues to be an issue in our society, which makes some cases extremely difficult. In May 2017, Mr. Neely was charged with murder in the death of Kevin Wirth. Mr. Neeley was found incompetent to stand trial in July 2017. In September 2018, the district court found Mr. Neeley’s competency had been restored after receiving treatment at a state mental health facility. Following months of discussions with the prosecutor handling the case, in October 2019, Mr. Neely pleaded guilty but mentally ill to second-degree murder and armed robbery. The video below is from Mr. Neeley’s sentencing in December 2019.
Original Article Link – https://www.wilx.com/video?vid=565735682
Lansing Criminal Defense Attorney Brendon Basiga Discusses DUI Charges and Marijuana.
Attorney Brendon Basiga discusses that some prosecutors can also charge someone under, “Operating while visually impaired or Operating While Under the Presence of Drugs” in addition to a DUI.
Lansing State Journal Article:
EAST LANSING — Two additional people have been charged in connection with the murder of a Michigan State University student in October.
Isai Berrones, 22, was shot and killed just before 3 a.m. Oct. 12 at the 25 East apartment complex in the 2500 block of Chandler Street in East Lansing.
A Mississippi man, 30-year-old Steven Washington, was charged with murder, unlawful concealed carry and a felony firearms enhancement in connection with Berrones’ death.
Ivan Keener, a 21-year-old MSU student, was charged with accessory after the fact to a felony, aggravated assault and assault and battery. His cousin, Angela Kelly, 28, also was charged with accessory after the fact in a felony. Kelly and Washington were in a relationship at the time of Berrones’ death.
Keener was granted immunity after he agreed to testify against Washington.
Multiple people testified Thursday in a hearing to determine if there was enough evidence for Washington to stand trial on the murder charge. East Lansing District Court Judge Richard Ball ruled there was enough evidence.
Berrones was a senior at MSU majoring in food science. He is originally from Alamo, Texas.
Keener, a 21-year-old MSU student, testified that he was sitting on a friend’s porch when the friend and two women he didn’t know approached them. The women were yelling, saying he shouldn’t have left them at the bar, Keener said.
The argument escalated, and, Keener said, at some point, he told the women he was going to call his cousins to beat them up.
Keener said he didn’t want to fight a girl or be involved with the fight, but he wanted his cousins to assault them because of the argument.
“I wanted them to fight,” Keener said. “I knew my cousins would win.”
Washington’s attorney, Brendon Basiga, tried to get Keener to say he wanted to see the women badly hurt, but Keener denied that. He repeated: “I wanted them to fight.”
Keener said he called his cousin and asked her if she would be willing to fight the women. His cousin agreed and showed up to Keener’s friend’s house with her sister, Angela Kelly, and Angela’s boyfriend, Washington.
Using a GPS tracker, they found the women’s apartment, at 25 East in East Lansing. Keener called them and asked them to come out, and, when they did, Kelly and her sister began to fight them, he testified.
One of the women testified that Kelly and her sister ended up “punching her, pulling her hair and kicking her.” She was face-down on the ground, trying to protect her face from the attack, she said.
Then she heard a gunshot.
Keener kept himself away from the fight. Out of the corner of his eye, he saw Berrones jumping over a fence in front of an apartment.
Keener asked him if he wanted to fight, and Berrones didn’t respond, Keener testified. He said he saw Berrones “fumbling with something in his hands that looked like a knife.”
Keener turned and started running, yelling “he’s got a knife,” he testified.
When he looked back again, Washington and Berrones were standing face to face, like they were in a standoff, Keener said. He said he saw the knife in Berrones’ hand and saw the hand with the knife move toward Washington.
Then the gunshot came.
Keener said he hadn’t seen Washington pull out the gun and hadn’t heard him rack the gun. He didn’t even know Washington had a gun with him.
Berrones fell to the ground, and Keener said he took off running to grab his cousins and go. The foursome took off in their car.
Police pronounced Berrones dead on the scene. Washington fled and was arrested 10 days later in Grove City, Ohio.
Just before Ball bound the case over, Basiga told him the evidence in the case, namely, Keener’s testimony, was “questionable at best, mendacious at worst.”
LANSING — Prosecutors have “circumstantial but powerful” evidence to show a Detroit man stabbed another man 26 times, an Ingham County judge said Thursday.
Ingham County 54A District Court Judge Frank DeLuca bound Larkin Neely Jr.’s murder and armed robbery charges over to the 30th Circuit Court after a preliminary hearing Thursday.
Neely, 31, is accused of killing 27-year-old Kevin Wirth in May 2017. Assistant Prosecuting Attorney John Dewane said Neely stabbed Wirth 26 times.
Neely’s attorney, Brendon Basiga, said they were not displeased by the results of the preliminary hearing.
“There’s still investigative work to be done,” Basiga said. “We look forward to having the truth come out.”
Dewane brought four police officers to testify at the preliminary hearing to lay out a timeline of what happened that night.
Saturday evening, Wirth was with a friend at The Grid Arcade and Bar in Old Town, LPD Detective Mark Lewandowsky said. A friend dropped him off at the Nuthouse on Michigan Avenue in Lansing at about 7 p.m. May 20, 2017.
He left with an African American man, who they later learned was Neely just after 10:30 p.m., Lewandowsky testified.
Police responded to a report of a home burglary alarm going off in the 1100 block of E. Kalamazoo Street just before 7 a.m. May 21, Lansing Police Officer Brent Erk said at Thursday’s hearing.
The back door was unlocked, and when they entered the home, they found blood on the floor and Wirth dead in the living room, Erk said.
He had been stabbed 26 times, according to the autopsy report Dewane read aloud in court.
The testimony did not touch on what happened between 10:30 p.m. Saturday and 7 a.m. Sunday, or what led to Wirth being stabbed.
The alarm at Wirth’s house was tripped at 6:48 a.m., Lewandowsky said. Surveillance video showed a man that appeared to be Neely walking down Michigan Avenue near Wirth’s house at 6:58 a.m. Sunday. He was holding a plastic grocery bag.
Sometime Sunday, Neely took a bus to Detroit, Lewandowsky testified.
Police found a bag of blood-stained clothes in a dumpster outside Neely’s Detroit apartment with Wirth’s blood on them.
Neely’s fingerprints also were found on multiple cans of Coors Light and on a bottle of Jägermeister left near Wirth’s body, Michigan State Police Detective Lt. Jeff Amley said.
When Lewandowsky interviewed Neely shortly after Wirth’s death, he said he had a “severe laceration” going through the web on his right hand between his thumb and pointer finger. He also had a second cut going across the middle knuckle on all four fingers. Both wounds were bandaged and stitched up.
After searching Neely’s phone, police discovered a photo of Wirth’s ID on his camera roll, Lewandowsky said.
Neely was initially found not competent to stand trial, but in September, the court determined his competency had been restored.
Bienfait Rukiza will be sentenced Friday for attack on developmentally delayed woman who had waved at him
Bienfait Rukiza says he finally understands.
“I want to say that, first of all, I am a God-fearing man,” he said Thursday to Superior Court Justice Lynne Leitch.
“That said, I am remorseful for the victim and the victim’s family.”
It is a change of attitude from a man who pleaded guilty, changed his mind and then pleaded guilty again “absolutely” to sexually assaulting a vulnerable, mentally delayed woman who waved at him.
Rukiza, 25, will be sentenced Friday morning. If Leitch accepts the joint position from the Crown and the defence, he will have only a few weeks left to serve on his sentence.
But it hasn’t been easy for the man who has a history of mental illness and who has been in the Elgin-Middlesex Detention Centre for more than a year.
He is on medication for psychosis and auditory hallucinations.
Rukiza was arrested Feb. 6, 2015, after he was found in bed at the home of the woman’s relative. Feb. 6, 2015,
The woman, who was 26 at the time of the attack and whose identity is protected by court order, was alone at the house. Her relative who helped with her care had gone out.
She functions at the age of an eight-year-old child.
The woman was known for sitting at the kitchen window at the front of the house and waving to people as they walked by.
Assistant Crown attorney George Christakos told Leitch that between 6 p.m. and 9 p.m. on Feb. 6, 2015, she waved at Rukiza, who decided to walk into the house.
He started to kiss the woman and continued even though she told him to stop and leave. At some point, he removed her clothing and attempted to have sex with her.
Christakos said the woman didn’t consent and “repeatedly said he’s not her boyfriend and didn’t want to do this.”
Rukiza shared some of his bottle of vodka.
The relative came home, saw the alcohol and asked the woman who had been in the house. The woman said the man was up in her room.
Police were called and Rukiza was arrested. He was wearing a T-shirt and underwear. He told the police he wasn’t sure if he had been able to have sex with the woman. He knew she was mentally delayed but figured, because of her age, there was nothing wrong with what he did.
Police interviewed one of Rukiza’s friends who said Rukiza had mentioned that “he should go have sex with her.”
The friend told him “it was not a good idea.”
Rukiza’s defence lawyer Brendon Basiga said the Crown and the defence had come up with a joint sentencing submission of two years less a day, plus three years of probation to keep Rukiza supervised. “My heart goes out to the victim’s family and equally to Bienfait and his family,” he said.
His parents and sister were in the courtroom and Basiga said they have been an unwavering source of support for his client.
“It’s a terrible situation but not a situation done by a terrible person,” he said.
Rukiza had no prior criminal record. He was released on bail nine days after his arrest, but was arrested in June 2015 for breaching his conditions for drinking alcohol.
His mother, who had been his bail surety, had turned him in. Rukiza has been in custody ever since.
With the enhanced credit of one-and-a-half days for every day in jail, Rukiza would have about 42 days left to serve, should Leitch accept the sentencing pitch.
Rukiza’s plan, Basiga said, is to live with his family. “He will be very, very closely supervised by his family as well.”
Leitch was concerned about Rukiza’s first pre-sentence report, written after his first guilty plea almost a year ago. He told the report’s author that he believed the victim’s family “had exaggerated” and wanted recognition for his story.
Basiga couldn’t comment on that report because he wasn’t Rukiza’s lawyer at the time but said there has been “a significant change” with Rukiza showing remorse for the victim’s family.
Christakos agreed with Basiga that it was difficult to balance the enormity of the crime with Rukiza’s obvious mental health issues.
He noted that Rukiza had targeted the “helpless, innocent and developmentally delayed young lady.
“Being drunk on alcohol or high on drugs is not an excuse,” he said.
But by finally pleading guilty Rukiza had spared her testifying, Christakos said. There would have been some challenges prosecuting the case because of her deficits.
He said he met with the woman and her family a month ago — “a sweet and wonderful woman,” he said.
Leitch is expected to decide the case Friday morning.
LANSING, Mich. (WLNS) – In a perfect world you would hope that all legal issues be handled honestly and fairly based on facts but that’s not the case all the time.
In some situations, Americans are forced to choose between breaking the bank for legal advice or doing their own homework on law.
But tonight, lawyers in Ingham County lent a generous hand and provided free consultation to those in need of help in dire situations.
“We’ve been doing this event for a number of years now and we feel it’s a great way that we can give back to the community,” said Raymond Harris, Co-chair of the Ingham County Bar Association’s “Ask a Lawyer” event.
Legal issues can be daunting and scary to handle, but thanks to Lansing’s annual “Ask a Lawyer” event, attorney’s including Mark Kellogg used their expertise to give people peace of mind.
“People want to be heard and so you listen and then try to probably direct them or guide them in the best manner that would be most helpful to them,” said Mark Kellogg, Attorney at Fraser Trebilcock.
Former Ingham County Circuit Court Judge Paula Manderfield believes those tackling legal issues are confused and unsure of the path they need to take.
“I think people don’t really know where to go and they don’t really know where to begin, like ok they need a lawyer maybe or some legal advice but there’s so many lawyers and they all seem to work in different areas of the law that it’s hard to know like who’s the best person to talk to just get some advice,” Manderfield stated.
From criminal law, to unemployment lawyers from all areas of law gathered around the room to provide their services.
And the biggest legal issue people face…
“Landlord tenant issues, family law issues and then some personal injury type questions or issues in the criminal law,” Kellogg said.
But ultimately, for people like Sharlena Phelps, being able to have a one-on-one with an attorney not only lifted her spirits, but helped shed light on her unfortunate situation.
“It was nice to be able to come and have a consultation with somebody who can give you information that you might not necessarily be able to get on your own,” said Phelps.
Depending on the needs of each client, once the consultation ended with the legal experts attorneys would refer people to private law-firms or legal service agencies.
View the article on WLNS: http://wlns.com/2016/10/13/local-lawyers-offer-free-legal-advice-to-community/
The jail guard and the inmate: Acquitted.
The jail: Guilty.
A verdict Friday in London cleared a correctional officer and inmate from the embattled Elgin-Middlesex Detention Centre (EMDC) of drug-trafficking charges.
The major reasons: Drugs are so prevalent at the provincial jail, and searches so sporadic, there was no way of proving a suspicious transaction between the officer and the inmate led to a treasure trove of marijuana and hash oil found in cells.
“Significant suspicion is raised but the level of proof does not reach the level of beyond reasonable doubt,” Ontario Court Justice John Skowronski ruled.
“Speculation is easy. Proof is not.”
He acquitted Tanya Zavitz, 37, a correctional officer at EMDC, of three counts of drug trafficking, and inmate Nelson Moran, 23, of three counts of trafficking and three counts of possession.
Flint — An Okemos-based attorney said he found no wrongdoing by Flint Mayor Karen Weaver over allegations by a former city administrator that the mayor misused charity funds.
Brendon Basiga, who conducted an investigation on the matter at the request of the city, said Monday at a press conference at City Hall: “Simply put, I cannot find any evidence of unethical conduct by Mayor Karen Weaver.”
Weaver’s alleged wrongdoing first came to light last month when former Flint City Administrator Natasha Henderson filed a civil lawsuit that alleged she was improperly terminated Feb 12. Henderson claims she was shown the door in retaliation for asking the city attorney to look into the possibility charity funds were being sent to Weaver’s political action committee “Karenabout Flint.”
In a Feb. 10, email to Anthony Chubb, Flint’s legal adviser, Henderson relayed a secret conversation with the mayor’s assistant.
“Ms. Maxine Murray, the Mayor’s Assistant, spoke with me on February 9, 2016 while in the supply room of the Mayor’s Executive Office and reported an alleged conduct,” Henderson wrote.
“… Specifically, Ms. Murray fearfully stated that Mayor Weaver asked her and a volunteer in the Mayor’s Office to direct donations to a fund named Karenabout Flint created by Miller Canfield that I am unaware of and asked if she would be guilty of a crime to direct potential donors to this fund when they call the Mayor’s Office. I am only aware of a fund approve by Resolution of the Council named Safe Water/Safe Homes to be administered by the Community Foundation of Greater Flint that will be presented today for approval by the RTAB (Receivership Transition Advisory Board).
“As you are Chief Legal Counsel, please promptly initiate an investigation of this matter in your capacity. In the meantime, please advise appropriate actions I can take to protect employees from potential retaliation resulting from them reporting allegations such as this.”
Two days after sending that email, Henderson was fired. She had served as Flint’s city administrator since February 2015 after being appointed to the post by then-Emergency Manager Darnell Earley.
“In a community where the current water crisis repeatedly exposed how people failed to do the right thing, Ms. Henderson did the right thing and was fired for it,” said Henderson’s attorney, Katherine Smith Kennedy, last month. “Her goal was to ensure the integrity of the city at a time when its reputation has taken many blows. Instead, she was penalized for bringing forward these concerns.”
According to Basiga, he was provided bank statements by the city for a Friends of Karen Weaver fund and Karen for Flint fund. Basiga never addressed a Karenabout Flint fund and took no questions Monday.
“Neither bank statements indicate any questionable deposits, and the donation checks that were made or supported by the copies of the checks themselves,” Basiga said Monday.
Basiga was retained by the mayor’s chief legal officer, Stacy Erwin Oakes, to investigate the claims in Henderson’s lawsuit, including whether Weaver was diverting water crisis donations to personal funds.
To Basiga’s understanding, the checks in question-related to the allegations “were turned over to attorney Erwin Oakes.”
Erwin Oakes said Monday the checks were delivered to her “on or about March 30th; those checks were subsequently sent to the Chief Financial Officer.”
According to Erwin Oakes, the money was donated to the Community Foundation of Greater Flint.
Within days of the lawsuit being filed last month, Weaver defended herself in an official statement, calling the allegations against her “outrageously false.”
Appearing after the presser conference on Monday, Weaver said the most disturbing part about the allegations “are just that.”
“They’re allegations, and that they’re not true,” she said.
Weaver was evasive, for apparent legal reasons, in answering further details about the case. Although she did say she was “glad that this investigation has happened, and I’m glad that it is over.”
Brendon Basiga’s voice breaks when he describes how his new colleagues at the London courthouse have stepped up for him in a time of great need halfway around the world.
Typhoon Haiyan has little to do with criminal law, but in London there is a connection. The worst storm in recorded history has devastated parts of the Philippines — specifically the area where Basiga’s mother grew up.
Basiga’s father, Gordie, is attending medical school in Tacloban, ground zero of the typhoon. He decided after a career as a systems analyst with the Canadian government to fulfil his retirement dream of becoming a doctor.
Gordie Basiga survived the typhoon that struck Nov. 8, killing more than 5,000 people and levelling buildings. He’s finally able to make calls to Basiga’s mother in Edmonton. He described the storm as “akin to the wrath of God.”
Brendon Basiga, 34, lives with his wife in Lansing, Mich., can practise law in Ontario, Michigan, Illinois and is sworn into the U.S. federal bar.
He took over a criminal law practice in London, but since the typhoon his thoughts have been have been consumed by the Philippines.
But in a gesture that Basiga calls “phenomenal” and “overwhelming,” a quick collection around the London courthouse netted $1,800 to be sent to the devastated area.
“I was in tears,” he said when the money was given to him. He can’t say thank you enough.
“I don’t even know a lot of these people very well. I’ve only known them for the past year,” he said.
Basiga grew up in Edmonton and his family made regular trips back to his parents’ homeland.
He can’t bring himself to look at the pictures coming out of the ravaged area. He recognizes the streets, houses, churches and businesses.
“I know these people. I’ve met these people This is who I am.”
His parents were planning to retire and have a house there that survived the storm. His father began medical school in Tacloban at age 63.
Once the typhoon hit, Basiga said, they didn’t hear from his father for a “nightmarish” four days. A text message from one of his father’s colleagues confirmed he’d survived and was helping in the recovery efforts.
Basiga has aunts, uncles and cousins in the region. He doesn’t know if they survived through the storm.
Basiga’s father is helping out at the hospital and with the Red Cross. With his perfect English and understanding of local dialects, he’s providing translation services for American and British forces helping out.
Last week, Basiga stayed in Michigan, trying to decide if he would go to the Philippines, too. He and his wife decided the money would be better used to buy generators, gasoline, water, food, clothing and basic essentials.
He may still go in a few months, he says.
“We have a very direct connection. So it’s hard for us to watch from 10,000 miles away.”