Articles Posted in Criminal Sexual Conduct

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.

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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.

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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.

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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.

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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.

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On Friday May 2, 77-year-old Carlton Lindbergh Johnson, a longtime pastor of a church in Muskegon, was found guilty on two counts of first-degree criminal sexual conduct and one count of second-degree CSC in connection with the rapes and inappropriate touching of three female relatives when they were young, according to a news article at Mlive.com. News reports indicate the jury reached a verdict in under an hour.

The victims were allegedly sexually assaulted over a period of years, one of the victims when she was younger than 13, and two when they were between the ages of 13 and 15. The crimes occurred for a number of years up until 2012 when one of the victims came forward and a police investigation began. However, several women who testified in court claimed that Johnson had raped young female family members for decades before the conduct with the most recent victims came to light.

Johnson, who used the title of bishop at the Faith Congregational Church of God in Christ where he was pastor, allegedly sexually assaulted the victims both in his office at the church, and in the basement at his residence.

Johnson claimed that the allegations against him were false, and that the accusations against him arose due to a “terribly dysfunctional family” and tension within the church and family. He is scheduled for sentencing before Muskegon County 14th Circuit Judge Timothy G. Hicks on June 2. Continue reading

On Monday March 10, 25-year-old Joshua A. Kara of Pinconning was sentenced to one year in jail after pleading no contest to the sexual assault of his girlfriend’s teenage daughter, according to news reports at Mlive.com. Upon his release from jail, Kara was ordered to serve five years of probation.

Kara was charged with one count of second-degree criminal sexual conduct with an incapacitated victim and one count of fourth-degree CSC with a victim between the ages of 13 and 16. He pleaded no contest to the charges in January of this year.

In exchange for his no contest plea, prosecutors agreed to drop one count of first-degree criminal sexual conduct and one count of third-degree CSC, which both involve penetration and are more serious offenses than those Kara pleaded to.

Kara pleaded no contest to the charges due to the fact that he was intoxicated at the time of the incident, and has no memory of it according to his defense attorney, Matthew Reyes. A mistrial was declared last August when a jury found Kara not guilty of assault with intent to commit sexual penetration; however, the jury could not agree on the three remaining charges.

The incident allegedly took place in September of 2012 when a Pinconning woman said she was awakened by her daughter’s 13-year-old friend pounding on her door. The girl alleged that her mother’s boyfriend (Kara) had sexually assaulted her, and that she woke up to him taking off her clothes and fondling her. The girl claimed that she left the room and ran to the friend’s home.

Upon speaking to the alleged victim’s mother, deputies learned that she and Kara had come home around midnight after going out to a bar. She had no idea anything was going on until another daughter woke her up and informed her that police were at the door.

When deputies arrived at the girl’s home, Kara was sleeping. He said that he was at a loss for words, and that after arriving home from the bar, he had simply given his girlfriend’s daughter a hug goodnight. At trial, Kara maintained that he was innocent of the allegations against him.

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