Thursday, August 21, 2003

Officer Tamieka Moorehead - Suspended - Detroit PD

On August 18, 2003, Officer Tamieka Moorehead shot and injured her husband [Loniel] during a domestic assault. Officer Moorhead claimed that she had shot her husband in self defense. According to reports, Officer Moorehead had previously been assaulted by her husband.


On August 21st, Officer Moorehead was suspended from the police department.



Also See:

Officer Tamieka Moorehead - Shot and injured her husband










BOARD OF POLICE COMMISSIONERS
Minutes of the Board of Police Commissioners Meeting
Thursday, August 21, 2003
http://www.ci.detroit.mi.us/police_commissioners/Meeting%20Minutes/2003/MinutesAug212003.pdf

Page 8

...On August 21, 2003, Police Officer Tamieka Moorehead, badge 3078, assigned to the 11thPrecinct, was suspended without pay by Chief Jerry A.Oliver, Sr.

On August 18, 2003, at approximately 2:00 a.m., the Professional Accountability Bureau was notified of an alleged act of misconduct on the part of Police Officer Tamieka Moorehead. More specifically, it was alleged

Minutes of the BPC MeetingThursday, August 21, 2003 Page 9

that while off duty Officer Moorehead did discharge her department issued weapon, thereby striking her husband in the neck and shoulder.

According to the information, On August 18, 2003, at approximately 1:35 a.m., at a residence located within the city of Detroit, Mr. Moorehead was asleep when he was awakened by Officer Moorehead throwing water on him. After which, Officer Moorehead discharged her department issued firearm at him in the neck and in the shoulder. After observing that Mr. Moorehead had been wounded, Officer Moorehead went to her neighbor’s home to seek assistance. Mr. Moorehead was subsequently conveyed to Sinai Grace Hospital, where he was listed in critical condition.

On August 19, 2003, felony warrant #36-64278 was issued charging Officer Moorehead with “Assault With Intent to Commit Murder and Felony Firearm.

”Based on the above circumstances, it is recommended that Officer Moorehead be charged with, but not limited to, the following violation of the Detroit Police Department Rules and Regulations:

CHARGE:CONDUCT, UNPROFESSIONAL/CONDUCT UNBECOMING AN OFFICER; CONTRARY TO THELAW ENFORCEMENT CODE OF ETHICS, THISBEING IN VIOLATION OF DETROIT POLICE MANUAL SERIES 100. CHAPTER 102, DIRECTIVE 3, PARAGRAPH 5, SUB-PARAGRAPH 7 (102.3-5.7).

Unless contravened by this Commission, the above suspension without pay will stand.

Comm. Blackwell asked basically what happens is that they do an investigation. He asked if this is not just that one person telling their side of the story, clearly they do an investigation - correct, to reach this conclusion?

Comm. Norris stated again in felony cases, the Prosecutor has done that. The Prosecutor has charged the person. They have done whatever they would do to charge the person, and based on that felony charge; the Department takes action. It is her understanding, and AC Shoulders can correct me if I am wrong: In all of these criminal cases, the Department then conducts its own investigation which isn’t just looking at criminal activity, its looking at policies and anything else. But, they do not necessarily wait for that in a felony case.

Page 10 Minutes of the BPC Meeting Thursday, August 21, 2003 Page 10

Comm. Blackwell stated that we just react to the fact that they have charged by the Prosecutor and based on that information, even though it is a charge, at that point, based on the rules, they could not work anyway?

Comm. Norris answered right.

Comm. Blackwell asked so they have been charged with a felony?

Comm. Norris answered right.

Comm. Blackwell answered okay...

......Respectfully Submitted, DANTE’ L. GOSS Executive Director Board of Police Commissioners


Monday, August 18, 2003

Officer Tamieka Moorehead - Detroit PD

On August 18, 2003, Officer Tamieka Moorehead shot and injured her husband [Loniel] during a domestic assault. Officer Moorhead claimed that she had shot her husband in self defense. According to reports, Officer Moorehead had previously been assaulted by her husband.










In 2000, Officer Moorehead's husband had been arrested for assaulting her.....











....And, in June of 2003, Officer Moorehead's husband had assaulted her again....











The previous domestic violence she suffered at the hands of her husband, and her alleged attempt to protect herself in August 2003 during yet another domestic violence altercation fell on deaf ears. Officer Moorehead was charged with attempted murder.





ALSO SEE:
Officer Tamieka Moorehead: Assaulted by her husband. December 31, 2000:



Officer Tamieka Moorehead: Allegedly assaulted by her husband. June 24, 2003:







Officer Accused Of Shooting Husband Learns Fate
Cop Must Resign, Not Carry A Gun
Click On Detroit
POSTED: 10:24 p.m. EST February 29, 2004
UPDATED: 8:45 a.m. EST March 1, 2004

A Detroit police officer is paying a price for shooting and wounding her husband after an argument.

Officer Tamieka Moorehead of the 11th Precinct pleaded guilty to felonious assault for shooting her husband, Donnell, in the neck on Aug. 17 at their home on Winthrop Street in Detroit.

Moorehead apparently believed her husband was cheating on her with another woman.

On Friday, Moorehead learned she must resign from the police department, no longer carry a weapon, must undergo anger management counseling, and spend the next four years on probation.

Her husband is still recovering, Local 4 reported.











Cop To Stand Trial For Allegedly Shooting Husband
Attorney Accuses Man Of Domestic Violence
Click On Detroit
October 14, 2003
http://www.officer.com/news/IBS/wdiv/news-1831023.html

A Detroit police officer will stand trial for allegedly attempting to kill her husband, Local 4 reported.

Officer Tamieka Moorehead of the 11th Precinct appeared at a preliminary examination hearing Tuesday on charges of assault with intent to commit murder.

Investigators say Moorehead shot her husband, Donnell, in the neck on Aug. 17 at their home on Winthrop Street in Detroit.

Moorehead apparently believed her husband was cheating on her with another woman.

Donnell testified Tuesday in a whisper because of his neck wound, Local 4 reported.

Officer Moorehead's attorney reportedly attempted to establish a pattern of domestic abuse in contrast with Donnell's calm demeanor on the stand.

The defense accused Donnell of slamming his wife's head to the ground during an alleged incident on June 24.

Moorehead was bound over Tuesday to stand trial. She is currently suspended from the police force without pay.

If Moorehead is convicted of the charges, she could face life in prison.







BOARD OF POLICE COMMISSIONERS
Minutes of the Board of Police Commissioners Meeting
Thursday, August 21, 2003
http://www.ci.detroit.mi.us/police_commissioners/Meeting%20Minutes/2003/MinutesAug212003.pdf

Page 8

...On August 21, 2003, Police Officer Tamieka Moorehead, badge 3078, assigned to the 11thPrecinct, was suspended without pay by Chief Jerry A.Oliver, Sr.

On August 18, 2003, at approximately 2:00 a.m., the Professional Accountability Bureau was notified of an alleged act of misconduct on the part of Police Officer Tamieka Moorehead. More specifically, it was alleged

Minutes of the BPC MeetingThursday, August 21, 2003 Page 9

that while off duty Officer Moorehead did discharge her department issued weapon, thereby striking her husband in the neck and shoulder.

According to the information, On August 18, 2003, at approximately 1:35 a.m., at a residence located within the city of Detroit, Mr. Moorehead was asleep when he was awakened by Officer Moorehead throwing water on him. After which, Officer Moorehead discharged her department issued firearm at him in the neck and in the shoulder. After observing that Mr. Moorehead had been wounded, Officer Moorehead went to her neighbor’s home to seek assistance. Mr. Moorehead was subsequently conveyed to Sinai Grace Hospital, where he was listed in critical condition.

On August 19, 2003, felony warrant #36-64278 was issued charging Officer Moorehead with “Assault With Intent to Commit Murder and Felony Firearm.

”Based on the above circumstances, it is recommended that Officer Moorehead be charged with, but not limited to, the following violation of the Detroit Police Department Rules and Regulations:

CHARGE:CONDUCT, UNPROFESSIONAL/CONDUCT UNBECOMING AN OFFICER; CONTRARY TO THELAW ENFORCEMENT CODE OF ETHICS, THISBEING IN VIOLATION OF DETROIT POLICE MANUAL SERIES 100. CHAPTER 102, DIRECTIVE 3, PARAGRAPH 5, SUB-PARAGRAPH 7 (102.3-5.7).

Unless contravened by this Commission, the above suspension without pay will stand.

Comm. Blackwell asked basically what happens is that they do an investigation. He asked if this is not just that one person telling their side of the story, clearly they do an investigation - correct, to reach this conclusion?

Comm. Norris stated again in felony cases, the Prosecutor has done that. The Prosecutor has charged the person. They have done whatever they would do to charge the person, and based on that felony charge; the Department takes action. It is her understanding, and AC Shoulders can correct me if I am wrong: In all of these criminal cases, the Department then conducts its own investigation which isn’t just looking at criminal activity, its looking at policies and anything else. But, they do not necessarily wait for that in a felony case.

Page 10 Minutes of the BPC Meeting Thursday, August 21, 2003 Page 10

Comm. Blackwell stated that we just react to the fact that they have charged by the Prosecutor and based on that information, even though it is a charge, at that point, based on the rules, they could not work anyway?

Comm. Norris answered right.

Comm. Blackwell asked so they have been charged with a felony?

Comm. Norris answered right.

Comm. Blackwell answered okay...

......Respectfully Submitted, DANTE’ L. GOSS Executive Director Board of Police Commissioners






DETROIT COP ARRAIGNED IN HUSBAND'S SHOOTING
REPORT: PAIR ARGUED AFTER WOMAN CALLED
August 20, 2003
BY BEN SCHMITT
DETROIT FREE PRESS

A phone call from another woman began an argument that ended when a Detroit police officer shot and wounded her husband, according to a police report.

After shooting her 25-year-old husband in the neck and shoulder, Officer Tamieka Moorehead called her mother early Monday morning from her west-side Detroit home, telling her, "Mama, I shot him," the report says.

Moorehead, a five-year employee of the department, was arraigned via video Tuesday in Detroit's 36th District Court on a felony charge of assault with intent to murder, which is punishable by up to life in prison. Magistrate Charles Anderson III released her on a $100,000 personal bond at the request of her attorney, John Goldpaugh. Anderson ordered that she have no contact with her husband.

A preliminary exam is set for Sept. 2.

Goldpaugh said after the hearing that Moorehead, 26, was defending herself when she fired her handgun at her husband, Loniel Moorehead.

"My understanding is that he was attacking her, and she defended herself," Goldpaugh said, adding that the couple has had other domestic run-ins.

A police report says the fight began after a woman called the couple's home on the 16500 block of Winthrop asking for Loniel Moorehead.

After the 1:30 a.m. shooting, Loniel Moorehead stumbled next door to a neighbor's house and said, "She shot me," according to a police report filed with the court. Tamieka Moorehead followed, telling her neighbors, "We had an argument. I didn't mean to do it," the report says.

Officers arrived and found Loniel Moorehead sitting on his neighbor's front porch. He was rushed to the hospital.

He is at Sinai-Grace Hospital in Detroit, where he was listed in critical but stable condition, Tuesday. Police Cmdr. Craig Schwartz, who heads the major crimes division, said Moorehead is expected to recover.

Goldpaugh said Tamieka Moorehead called the police after the shooting and has been cooperative throughout the process. She was held in police custody until Tuesday's arraignment.

A check of records at 36th District Court show that police arrested Loniel Moorehead on a misdemeanor domestic violence charge for punching his wife several times on Dec. 31, 2000. The case was dismissed March 8, 2001, when Tamieka Moorehead failed to show up to testify at a subsequent hearing against her husband, the records indicate.

A suspension without pay recommendation will most likely be presented Thursday before the Detroit Board of Police Commissioners. Goldpaugh, a lawyer with the Detroit Police Officers Association, said the union does not usually contest suspensions on felony charges.

In July 2002, Police Chief Jerry Oliver, citing a problem with officers and domestic incidents, made it department policy to suspend all cops charged with any kind of domestic violence. The department previously suspended only those accused of felonies. Oliver was out of town and unavailable for comment Tuesday.






COP CHARGED IN ATTEMPTED MURDER
DEFENSE CLAIMS DETROIT OFFICER SHOT HER HUSBAND MONDAY IN SELF-DEFENSE
By David G. Grant
The Detroit News
Wednesday, August 20, 2003
http://www.detnews.com/2003/metro/0308/20/c07d-249265.htm

DETROIT --- A police officer was charged Tuesday with the attempted murder of her husband, whom she allegedly shot during a domestic argument in their northwest Detroit home.

Officer Tamieka Moorehead, 26, who was accused of shooting her husband in the shoulder and neck, entered a not guilty plea to the charge at her arraignment in 36th District Court in Detroit.

This is a "pure case of self-defense," said Detroit Police Officers Association attorney John Goldpaugh, who is representing her.

The officer's husband, Loniel Moorehead, 25, was shot about 1:30 a.m. Monday in the bedroom of the couple's home on the 16000 block of Winthrop. He was in critical condition in Sinai-Grace Hospital.

Police charged that the shooting occurred after another woman called the house and wanted to talk to Loniel Moorehead.

But Goldpaugh said the shooting was about domestic abuse. He noted his client has charged her husband with domestic abuse in the past.

Court records show that Loniel Moorehead was charged Dec. 31, 2000, with domestic violence for hitting his wife. However, the charge was dismissed March 8, 2001, when Tamieka Moorehead failed to show up in court.

"There has been a history of abuse here," Goldpaugh said. "This is a self-defense case."

Tamieka Moorehead, who was assigned to the 11th (Davison) Precinct, has been suspended without pay. She was released on $100,000 bond pending a preliminary examination Sept. 2.

You can reach David G. Grant at (313) 222-2696

Michigan Officer Involved Domestic Violence

Saturday, August 2, 2003

Deputy Nick Cavanaugh - Suspended - Otsego SD






In August 2003, Otsego Sheriff Jim McBride suspended Deputy Nick Cavanaugh for his alleged involvement with another deputy in keeping confiscated fireworks for their own personal use.








ALSO SEE:
DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. March 26, 2010:
Dismissed from Sheriff Department for "A major Violation".



DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. February 14, 2004:
domestic violence incident; drunk driving; loaded gun.







Sheriff’s deputy fired for ‘major violation’
April 06, 2010
By Michael Jones, Staff writer
http://articles.petoskeynews.com/2010-04-06/road-patrol-deputy_24094016

GAYLORD - Less than one week after the Otsego County Sheriff’s Department (OCSD) fired 11-year veteran deputy Nick Cavanaugh March 26 for “a major policy violation,” Sheriff Jim McBride said his department received a letter from Cavanaugh stating his intention to seek arbitration to get his job back.

Because of the pending request for arbitration McBride said he could not comment on the reason for the dismissal of the 35-year-old deputy, who had been placed on a paid administrative leave March 9 prior to his March 26 termination with the department.

McBride did say he had reviewed the personnel issue incident involving Cavanaugh with the prosecutor’s office before making his decision to terminate the road patrol deputy. The sheriff said the issue concerning Cavanaugh’s dismissal was not a criminal matter.

He indicated the firing had nothing to do with Cavanaugh’s credibility as a witness in a recently completed trial heard by Judge Janet M. Allen in 46th Circuit Court. The trial, which began March 16, resulted in a mistrial March 29 when jurors were unable come to reach a verdict in the assault with intent to murder against defendant James Platte Jr.

Cavanaugh was a witness for the prosecution in that trial.

This is not the first time Cavanaugh has been in trouble with the OCSD nor the first time he has been fired by McBride.

In 2004, McBride terminated Cavanaugh after reviewing a police report relating to an alleged off-duty incident in Gladwin involving the deputy.

According to a February 2004 incident report from the Gladwin City Police, officers allegedly found Cavanaugh in possession of his department-issued handgun while intoxicated inside a parked vehicle at a private parking lot in Gladwin. The weapon was allegedly located by officers on the backseat floor of the vehicle under a jacket.

The four-page report was later forwarded to the Gladwin County prosecutor’s office for review. Gladwin County Prosecutor Thomas Jones declined to bring charges against Cavanaugh for the alleged incident, indicating there was not sufficient evidence to bring charges.

According to the incident report, Cavanaugh allegedly blew a .17 on a preliminary breath test. The report indicated Cavanaugh had not been arrested and authorities reportedly transported him to an area motel. In a Feb. 25, 2004 letter, Jones questioned numerous procedural matters found in the report as part of the basis for his decision not to charge Cavanaugh.

After the OCSD was informed of the incident the deputy was placed on administrative leave and then fired two days later. Despite not being charged in the February 2004 incident, McBride indicted Cavanaugh’s alleged behavior was sufficient grounds for termination and had been preceded by several other incidents during Cavanaugh’s then five-year tenure with the department.

In the summer of 2003, Cavanaugh had been suspended for his alleged involvement with another deputy for keeping confiscated fireworks for their own personal use. The other deputy, Jeffrey Brecheisen, was fired from the department as a result of the incident.
 
 
 
 
 
 
 
 
 
Deputy contests firing: No charges filed in Gladwin incident
deputy says he'll seek state arbitration
March 24, 2004
By Michael Jones, Staff Writer
http://articles.petoskeynews.com/2004-03-24/officers_24059943

GAYLORD - While the Gladwin County Prosecutor's office filed no charges following an alleged incident involving Otsego County Sheriff's Dept. Deputy Nick Cavanaugh last month in Gladwin, Otsego County Sheriff Jim McBride fired the 29-year-old deputy several days later.

On Tuesday, a week after he was denied reinstatement of his job after meeting with the Otsego County Commissioners Personnel Committee March 15, Cavanaugh said he plans to take his case to a state arbitrator.

According to a Feb. 15 incident report from the Gladwin City Police, officers there allegedly found Cavanaugh in possession of his department-issued firearm while intoxicated. That four-page report was later forwarded to the prosecutor's office for review and to determine if any charges would be filed against Cavanaugh.

According to Cavanaugh, the allegations were unfounded. "The prosecutor came to the conclusion that I did not break the law," Cavanaugh said Tuesday of his decision to protest his dismissal and take his termination from the Otsego County Sheriff's Dept. (OCSD) to an arbitrator.

Tom Kreis, northern Michigan staff representative for the Police Officer's Labor Council, who is representing Cavanaugh, said the paperwork to file for arbitration has been completed. The next step in the process would be to have an arbitrator appointed to the case and then schedule a date and location for the hearing. "This is not something which is typically resolved quickly," said Kreis, who noted the arbitrator's decision is final.

Gladwin Chief of Police Charlie Jones confirmed Cavanaugh had not been charged in the incident but he declined comment on the prosecutor's decision not to prosecute the OCSD deputy. Prosecutor Thomas Evans was unavailable for comment.

According to the Gladwin incident report, officers allegedly observed Cavanaugh's vehicle parked in a private parking lot in Gladwin around 11:45 p.m. Feb. 14. He was reportedly with a female companion when city police approached the vehicle. The report indicated officers allegedly observed, "that the driver (identified as Cavanaugh) was grasping the back side of the passenger's head by the hair with his right hand." When asked to explain his behavior, Cavanaugh allegedly told police he was sitting in the vehicle and would not leave until his companion stated "please."

According to the police report, Cavanaugh appeared intoxicated. He reportedly held up his deputy's badge to identify himself, and when asked whether he had a weapon, indicated he did not have it on his person, but that it was in the vehicle. Officers reportedly instructed Cavanaugh to exit the vehicle and eventually allegedly found his department-issued weapon, a Glock, Model 27, 40-caliber handgun, on the backseat floor of the vehicle behind the driver's seat, under a jacket.

During the course of the investigation, Cavanaugh allegedly blew a .17 on a preliminary breath test and reportedly appeared to be agitated and argumentative with officers; .08 is the level at which a person is considered legally intoxicated.

Cavanaugh was not arrested and authorities reportedly transported him to an area motel. Police filed an incident report which was then turned over to the Gladwin County Prosecutor's office.

After the OCSD was informed of the incident, Cavanaugh was placed on administrative leave for the two days he was scheduled to work that week, while McBride investigated the incident prior to firing Cavanaugh.

Although Cavanaugh may not have been charged, Sheriff McBride contends Cavanaugh's alleged behavior and actions were sufficient grounds for his firing on Feb. 20. According to McBride, the episode was preceded by several other incidents during Cavanaugh's five-year tenure with the department which also allegedly led to disciplinary action.

"Nick was a good deputy but he just didn't use a lot of common sense at times," McBride said of the former employee.

Cavanaugh was suspended last summer for his alleged involvement with another deputy in keeping confiscated fireworks for their own personal use.







Friday, August 1, 2003

Deputy Nick Cavanaugh - Otsego SD






In August 2003, Otsego Sheriff Jim McBride suspended Deputy Nick Cavanaugh for his alleged involvement with another deputy in keeping confiscated fireworks for their own personal use.








ALSO SEE:
DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. March 26, 2010:
Dismissed from Sheriff Department for "A major Violation".



DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. February 14, 2004:
domestic violence incident; drunk driving; loaded gun.







Sheriff’s deputy fired for ‘major violation’
April 06, 2010
By Michael Jones, Staff writer
http://articles.petoskeynews.com/2010-04-06/road-patrol-deputy_24094016

GAYLORD - Less than one week after the Otsego County Sheriff’s Department (OCSD) fired 11-year veteran deputy Nick Cavanaugh March 26 for “a major policy violation,” Sheriff Jim McBride said his department received a letter from Cavanaugh stating his intention to seek arbitration to get his job back.

Because of the pending request for arbitration McBride said he could not comment on the reason for the dismissal of the 35-year-old deputy, who had been placed on a paid administrative leave March 9 prior to his March 26 termination with the department.

McBride did say he had reviewed the personnel issue incident involving Cavanaugh with the prosecutor’s office before making his decision to terminate the road patrol deputy. The sheriff said the issue concerning Cavanaugh’s dismissal was not a criminal matter.

He indicated the firing had nothing to do with Cavanaugh’s credibility as a witness in a recently completed trial heard by Judge Janet M. Allen in 46th Circuit Court. The trial, which began March 16, resulted in a mistrial March 29 when jurors were unable come to reach a verdict in the assault with intent to murder against defendant James Platte Jr.

Cavanaugh was a witness for the prosecution in that trial.

This is not the first time Cavanaugh has been in trouble with the OCSD nor the first time he has been fired by McBride.

In 2004, McBride terminated Cavanaugh after reviewing a police report relating to an alleged off-duty incident in Gladwin involving the deputy.

According to a February 2004 incident report from the Gladwin City Police, officers allegedly found Cavanaugh in possession of his department-issued handgun while intoxicated inside a parked vehicle at a private parking lot in Gladwin. The weapon was allegedly located by officers on the backseat floor of the vehicle under a jacket.

The four-page report was later forwarded to the Gladwin County prosecutor’s office for review. Gladwin County Prosecutor Thomas Jones declined to bring charges against Cavanaugh for the alleged incident, indicating there was not sufficient evidence to bring charges.

According to the incident report, Cavanaugh allegedly blew a .17 on a preliminary breath test. The report indicated Cavanaugh had not been arrested and authorities reportedly transported him to an area motel. In a Feb. 25, 2004 letter, Jones questioned numerous procedural matters found in the report as part of the basis for his decision not to charge Cavanaugh.

After the OCSD was informed of the incident the deputy was placed on administrative leave and then fired two days later. Despite not being charged in the February 2004 incident, McBride indicted Cavanaugh’s alleged behavior was sufficient grounds for termination and had been preceded by several other incidents during Cavanaugh’s then five-year tenure with the department.

In the summer of 2003, Cavanaugh had been suspended for his alleged involvement with another deputy for keeping confiscated fireworks for their own personal use. The other deputy, Jeffrey Brecheisen, was fired from the department as a result of the incident.
 
 
 
 
 
 
 
 
 
Deputy contests firing: No charges filed in Gladwin incident
deputy says he'll seek state arbitration
March 24, 2004
By Michael Jones, Staff Writer
http://articles.petoskeynews.com/2004-03-24/officers_24059943

GAYLORD - While the Gladwin County Prosecutor's office filed no charges following an alleged incident involving Otsego County Sheriff's Dept. Deputy Nick Cavanaugh last month in Gladwin, Otsego County Sheriff Jim McBride fired the 29-year-old deputy several days later.

On Tuesday, a week after he was denied reinstatement of his job after meeting with the Otsego County Commissioners Personnel Committee March 15, Cavanaugh said he plans to take his case to a state arbitrator.

According to a Feb. 15 incident report from the Gladwin City Police, officers there allegedly found Cavanaugh in possession of his department-issued firearm while intoxicated. That four-page report was later forwarded to the prosecutor's office for review and to determine if any charges would be filed against Cavanaugh.

According to Cavanaugh, the allegations were unfounded. "The prosecutor came to the conclusion that I did not break the law," Cavanaugh said Tuesday of his decision to protest his dismissal and take his termination from the Otsego County Sheriff's Dept. (OCSD) to an arbitrator.

Tom Kreis, northern Michigan staff representative for the Police Officer's Labor Council, who is representing Cavanaugh, said the paperwork to file for arbitration has been completed. The next step in the process would be to have an arbitrator appointed to the case and then schedule a date and location for the hearing. "This is not something which is typically resolved quickly," said Kreis, who noted the arbitrator's decision is final.

Gladwin Chief of Police Charlie Jones confirmed Cavanaugh had not been charged in the incident but he declined comment on the prosecutor's decision not to prosecute the OCSD deputy. Prosecutor Thomas Evans was unavailable for comment.

According to the Gladwin incident report, officers allegedly observed Cavanaugh's vehicle parked in a private parking lot in Gladwin around 11:45 p.m. Feb. 14. He was reportedly with a female companion when city police approached the vehicle. The report indicated officers allegedly observed, "that the driver (identified as Cavanaugh) was grasping the back side of the passenger's head by the hair with his right hand." When asked to explain his behavior, Cavanaugh allegedly told police he was sitting in the vehicle and would not leave until his companion stated "please."

According to the police report, Cavanaugh appeared intoxicated. He reportedly held up his deputy's badge to identify himself, and when asked whether he had a weapon, indicated he did not have it on his person, but that it was in the vehicle. Officers reportedly instructed Cavanaugh to exit the vehicle and eventually allegedly found his department-issued weapon, a Glock, Model 27, 40-caliber handgun, on the backseat floor of the vehicle behind the driver's seat, under a jacket.

During the course of the investigation, Cavanaugh allegedly blew a .17 on a preliminary breath test and reportedly appeared to be agitated and argumentative with officers; .08 is the level at which a person is considered legally intoxicated.

Cavanaugh was not arrested and authorities reportedly transported him to an area motel. Police filed an incident report which was then turned over to the Gladwin County Prosecutor's office.

After the OCSD was informed of the incident, Cavanaugh was placed on administrative leave for the two days he was scheduled to work that week, while McBride investigated the incident prior to firing Cavanaugh.

Although Cavanaugh may not have been charged, Sheriff McBride contends Cavanaugh's alleged behavior and actions were sufficient grounds for his firing on Feb. 20. According to McBride, the episode was preceded by several other incidents during Cavanaugh's five-year tenure with the department which also allegedly led to disciplinary action.

"Nick was a good deputy but he just didn't use a lot of common sense at times," McBride said of the former employee.

Cavanaugh was suspended last summer for his alleged involvement with another deputy in keeping confiscated fireworks for their own personal use.







Sheriff's deputy dismissed
March 01, 2004
http://articles.petoskeynews.com/2004-03-01/fatal-crash_24058334

GAYLORD - For the second time in six months the Otsego County Sheriff has terminated the employment of one of his deputies.

Undersheriff Matt Nowicki announced Wednesday five-year veteran deputy Nick Cavanaugh no longer works for the department. Cavanaugh's last day of work was Feb. 20.

According to Nowicki, Cavanaugh's dismissal stems from a personal matter which is still under investigation. Nowicki said he was not at liberty to discuss the dismissal, but he did say it is not related to the Jan. 24 traffic fatality which killed 17-year-old Matt Whitman on Old 27 North in Livingston Township.

Cavanaugh was the officer who conducted the investigation of the fatal crash. The driver of the vehicle, Michael Lee Jones, with whom Whitman was riding, was charged with negligent homicide. Judge Michael Cooper dismissed that charge at Jones' preliminary hearing Thursday.

Last August deputy Jeffrey Brecheisen was fired after he allegedly kept confiscated fireworks for his own personal use. Brecheisen had been with the department for three-and-a-half years.