Friday, December 19, 2003

12192003 - Commissioner Roland Fraschetti - Macomb County

Also See:

Commissioner Roland Fraschetti - Car collision during domestic



Macomb County official to undergo counseling
Detroit Free Press
December 23, 2003
BY ALEXA CAPELOTO
http://www.freep.com/news/locmac/comm23_20031223.htm

A Macomb County commissioner is to spend 30 weeks in domestic violence counseling under a plea deal stemming from a June confrontation with his girlfriend that ended in a car collision.

Roland Fraschetti, a St. Clair Shores Republican, pleaded guilty Friday to reckless driving, a 90-day misdemeanor. The charge will be reduced to careless driving, a civil infraction, if he successfully completes the counseling.

Fraschetti was accused of backing his SUV into his girlfriend's Saturn sedan with such force that it rolled onto the hood of the smaller car. The two had just argued and were in the driveway of a St. Clair Shores home owned by Fraschetti. No one was seriously injured.

"The victim didn't want me to charge him at all," said Joseph McCarthy Jr. of the St. Clair County Prosecutor's Office, which handled the case because of Fraschetti's position in Macomb County. "I told her I have to do something to make sure this doesn't happen again."

A judge will take Fraschetti's guilty plea under advisement while the commissioner attends weekly group counseling sessions run by Catholic Social Services of St. Clair County. Any failure to finish the program could result in a reckless driving conviction.

Sebastian Lucido, Fraschetti's attorney, said his client considers the deal a proper end to what essentially was a car accident. "They got into an argument and it got heated, but he never laid a finger on her," Lucido said. "The man does not have a violent bone in his body."

What really happened, Lucido said, is that "she was in a car behind him and just pulled up. When he hit the car, he was at fault."

With the careless driving infraction, Fraschetti faces three points on his driving record and a $100 fine. He must also pay $750 for the counseling program, which is the same one Commissioner Kurt Kramer was ordered into after pleading no contest to assaulting his wife in June.
Contact ALEXA CAPELOTO at 586-469-4935 or capeloto@freepress.com.


Thursday, December 11, 2003

12112003 - Firefighter Gerald Paul Thoma Jr. - Sentenced - Fruitport FD

Also See:

Firefighter Gerald Paul Thoma Jr. charged with domestic violence [June 02, 2007]













Fire Captain Gerald Paul Thoma Jr. [Fruitport Township FD]

Original Charges:  Charged with felony malicious destruction of a building. June 2003.

Sentence: Plea bargain. Pleaded no contest to two misdemeanors: operating a vehicle while impaired and malicious destruction of property causing $200 or more in damages stemming from that incident. He was sentenced to 45 days in the county jail and 24 months of probation

Reprimand from City of Fruitport/ FD: Placed on a 30-day unpaid suspension and had to sign a "last chance agreement" to keep his job. The agreement indicated Thoma couldn't use illegal substances or alcohol or become involved in any criminal activities for the "lifetime of his career" at the Fruitport Township Fire Department.







Fire captain again faces a criminal charge
Muskegon Chronicle
By Heather L. VanDyke hvandyke@...
Friday, August 03, 2007
http://www.mlive.com/news/chronicle/index.ssf?/base/news-12/1186155959184030.xml&coll=8

A Fruitport Township fire captain with a criminal record has been charged with domestic assault for allegedly punching his 16-year-old son.

Gerald Paul Thoma Jr., 43, was charged with the misdemeanor stemming from a June 2 incident in which he is accused of punching his son in the face during an argument.

Fire Chief Ken Doctor said Thursday that Thoma, who has been on the department for more than 20 years, is not suspended from his job and will continue to work as a fire captain on a full-time basis "for now." He declined further comment.

According to the police report, Thoma and his son got into an argument just before 11 p.m. that escalated into an alleged assault at their home at 3148 E. Pontaluna. The argument apparently was over whether the son could go to a skate park with friends, said Police Chief Paul Smutz.

Thoma's wife, Geraldine Thoma, told police she was at the home when the incident occurred but did not witness it, Smutz said. The son called 911.

The veteran fire captain -- who is 6 feet 1 inch tall, and weighs 230 pounds -- is accused of punching the teen in the nose three times, Smutz said. When officers arrived at the scene, "they saw blood coming from (the son's) nose, and it was swollen," Smutz said.

Township Supervisor Ron Cooper said Thoma's job is not in jeopardy at this time because he is "not convicted of anything.""If he is found to be guilty, then that could have an effect on his job," Cooper said. "I don't see why we would take a man's job away from him because he's been accused of something."

Cooper said he had not read the police report."It's an accusation," he said of the punching allegations. "The kid may have fallen on the floor, for all I know. It's a domestic thing. It's a discipline thing."It was not clear whether the teen indicated he wanted to press charges against his father, but in domestic assault cases, if there is physical evidence to support it "an arrest has to happen," Smutz said.

Thoma was arrested and lodged the same night in the Muskegon County Jail. A jury trial is slated for 9 a.m. Aug. 20 in 14th Circuit Court.

Thoma's June 2 arrest came about four years after his last run-in with the law.

In June 2003, Thoma was charged with a five-year felony for malicious destruction of a building causing more than $1,000 in damages.

Connie Smith, who was township supervisor at the time, did not take the incident lightly. Thoma was placed on a 30-day unpaid suspension and had to sign a "last chance agreement" to keep his job.

The agreement indicated Thoma couldn't use illegal substances or alcohol or become involved in any criminal activities for the "lifetime of his career" at the Fruitport Township Fire Department. It also required Thoma to continue a substance abuse treatment program he began after the June 14, 2003, incident. Cooper said he has looked at that agreement, but other township officials agreed no action should be taken at this time.

Thoma was arrested for ramming his Dodge truck into an acquaintance's house at 1479 S. Mill Iron in Muskegon Township. He also rammed the acquaintance's vehicle that night and returned to the same home days later to offer the victim money to "settle the matter" to reduce his criminal charge, police said.

Thoma pleaded no contest to two misdemeanors: operating a vehicle while impaired and malicious destruction of property causing $200 or more in damages stemming from that incident.

He was sentenced to 45 days in the county jail and 24 months of probation and was ordered to pay court costs and fines.

Wednesday, December 3, 2003

12032003 - Buena Vista State C.O. Ronald Mielcarek - Shot/Wounded Wife


Buena Vista State C.O. Ronald Mielcarek - Assault With Intent To Commit Murder


On December 03, 2003, Buena Vista State Corrections Officer Ronald Mielcarek shot and wounded his wife. Mielcarek was charged with assault with intent to commit murder and possessing a firearm while committing a felony.


 
 
 
 
 
 
 
 
Mielcarek's mistress claimed that Mielcarek had vowed to kill his wife with a hammer...
 
 
 
 
 
 
 
 
....Or set her house on fire with her inside....










....And that he mentioned getting members of a motorcycle gang to slay her.
















Corrections officer charged Saginaw News
December 6, 2003
DARRYL Q. TUCKER
The wife of a state corrections officer says she feared for her life when her husband jostled her from her sleep and shot at her twice, leaving her with superficial wounds, court papers indicate.

In a personal protection order request, Danelle I. Mielcarek, 28, wrote that her husband, Ronald S. Mielcarek, arrived at their Freeland home from work about 5:30 a.m. Wednesday and demanded to know about an affair that was not taking place, the document says.

Ronald Mielcarek is a corrections officer at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township.

"He pulled his gun on me and shot at me twice; once shooting the phone when I was holding it to my head and once on my way to running out the door, grazing my left ear," the papers say. "I would not be here today if those bullets were on target. I fear that I might not be as lucky next time."

Mielcarek said she fled the home and hid in the neighborhood until deputies arrived. Police arrested Ronald Mielcarek at a home in Carrollton Township about two hours after the shooting.

Doctors at Covenant HealthCare treated Danelle Mielcarek for wounds to her ear and nose and released her.

A Saginaw County Sheriff's report indicated that deputies found a hole in a phone at the couple's house and hair hanging from the hole that Danelle Mielcarek said the bullet made.

Saginaw County Probate Judge Patrick J. McGraw granted Danelle Mielcarek the protection request in effect until Jan. 4, 2006. The order also means that Ronald Mielcarek must not visit his wife's parents' home in Saginaw.

A violation could result in 93 days in jail and $500 in fines.Meanwhile, Ronald Mielcarek, 33, faces charges of assault with intent to commit murder and possessing a firearm while committing a felony.

Prosecutors will present evidence to District Judge M. Randall Jurrens, who will determine whether Ronald Mielcarek should stand trial in Circuit Court. A conviction could lead to a sentence of up to life in prison, with the possibility of parole.

Ronald Mielcarek is free on a $50,000 cash bond.













He accuses wife of affair, talks to his mistress about it
Saginaw News (MI)
June 23, 2005
A state corrections officer tried to kill his wife in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers, a prosecutor says.

Ronald S. Mielcarek arrived home about 5 a.m. Dec. 3 and argued with his wife, Danelle I. Hoffman, Saginaw County Assistant Prosecutor Jeffrey D. Stroud told a jury of eight men and six women during Mielcarek's trial.

"He took a gun, pointed it at her head and fired, taking a portion of her ear off," Stroud said.

Mielcarek then chased his wife, now 29, down the stairs and fired another shot, he said.

"She got out of the house," Stroud said. "She survived."

After the incident, Mielcarek, 35, drove to the home of a woman with whom he was having an extramarital affair and told her what happened, Stroud said.

The Saginaw resident faces charges of assault with intent to commit murder and possessing a firearm while committing a felony.

Defense attorney James F. Gust told jurors his client fired the shots but wasn't trying to kill his wife. The couple was married for two years before they divorced.

Mielcarek worked at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township, before administrators suspended him the day he faced criminal charges. A Department of Corrections spokeswoman said Mielcarek is not an active state employee.

He is in jail on a $50,000 cash or surety bond.

On Dec. 2, Mielcarek called his wife, a Delphi Corp. employee, and told her he was going out with friends, which upset her, Stroud said. Hoffman got off work, bought a six-pack of beer and drove home.

She drank five of the six beers and fell asleep, he said. About 5 a.m., Mielcarek came into the house and began screaming at her.

Mielcarek accused Hoffman of having an affair, which she denied, Stroud said.

"He had a .380 semiautomatic pistol pointed right at her," the prosecutor said.

Hoffman began dialing 911 while telling Mielcarek to put the gun down, Stroud said. When she raised the phone to her ear, he fired.

"The bullet goes through the phone, shattering the phone," which took a chunk off her ear, Stroud said.

With the destroyed phone in her hand, Hoffman fled the bedroom, went downstairs to the kitchen and got another phone, he said. As she neared the front door, Mielcarek fired another shot, Stroud said.

A hysterical Hoffman told 911 dispatchers what happened, Stroud said. She also ran to neighbors' homes and pounded on doors, but no one came out, Stroud said.

A short time later, a sheriff's deputy arrived.

Later in the day, police found Mielcarek at the home of his mistress and arrested him, Stroud said.

The woman at first denied knowledge of the incident but later said Mielcarek told her he believed he had killed his wife when he shot at her, Stroud said.

The other woman will testify that Mielcarek had vowed to kill his wife with a hammer or set her house on fire with her inside, and that he mentioned getting members of a motorcycle gang to slay her, Stroud said.

Prosecutors won't succeed in proving that Mielcarek tried to kill Hoffman, Gust said. Mielcarek had an alcohol problem, and he and his wife had fought verbally, the attorney said.

"There will be no evidence he ever assaulted her on prior occasions," Gust said.

Both Mielcarek and Hoffman were intoxicated the morning of the shooting, Gust said.

"It was a pretty stupid thing for him to do," he said. "We're not saying he didn't do anything wrong; we are saying he didn't intend to kill his wife."

He could have killed her if he wanted to, but he didn't."












Corrections officer convicted on gun charge
Saginaw News (MI)
June 28, 2005
A jury deadlocked Monday on whether a state corrections officer tried to kill his wife in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers.

However, the jury of four men and eight women did convict Ronald S. Mielcarek of having a gun during the incident with his wife, Danelle I. Hoffman.

Saginaw County Circuit Judge Robert L. Kaczmarek will sentence Mielcarek, 35, on Monday, Aug. 15, to the mandatory sentence of two years in prison for possessing a firearm while committing a felony.Court officials have not set the date for Mielcarek's retrial.

About 5 a.m. Dec. 3, Mielcarek came home and argued with his wife, prosecutors said. He took a gun, pointed it at her head and fired, shooting off part of her ear, they said.

Mielcarek is in jail on a $50,000 cash or surety bond.












Former officer going to prison
Saginaw News (MI)
August 16, 2005
A former state corrections officer is headed to prison for a weapons charge involving his wife.

Ronald S. Mielcarek, 35, is serving a two-year sentence for possessing a firearm while committing a felony.

During Monday's hearing, Saginaw County Circuit Judge Robert L. Kaczmarek gave Mielcarek credit for 535 days he served in jail while awaiting trial. The judge also ordered Mielcarek to pay $120 in fees and fines.

In June, a jury deadlocked on whether Mielcarek tried to kill his wife, Danelle I. Hoffman, in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers.

Prosecutors have said they will again try Mielcarek on a charge of assault with intent to commit murder. Court officials have not set the date for Mielcarek's retrial.

About 5 a.m. Dec. 3, Mielcarek came home and argued with his wife, prosecutors said. He took a gun, pointed it at her head and fired, shooting off part of her ear, they said.

Hoffman fled the house and a short time later, sheriff's deputies arrived.

Mielcarek worked at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township. Administrators suspended him the day he faced criminal charges. A Department of Corrections spokeswoman said Mielcarek is not an active state employee.













Jury: Guilty of assaulting wife
Saginaw News (MI)
January 12, 2006
A former state corrections officer already serving a prison term on a weapons charge involving his wife now is convicted of trying to kill her.

Ronald S. Mielcarek, 35, was in Saginaw County Circuit Court on Wednesday when a jury of eight men and four women found him guilty of assault with intent to murder Danelle I. Hoffman.

Jurors deliberated for about 31Ú2 hours.

Mielcarek, who is serving two years in prison for possessing a firearm while committing a felony, will receive his sentence Tuesday, Feb. 21. He faces life behind bars.

In June, a jury deadlocked on whether Mielcarek tried to kill Hoffman in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers.

About 5 a.m. Dec. 3, Mielcarek came home and argued with his wife, authorities said. He took a gun, pointed it at her head and fired, shooting off part of her ear, they said.

Hoffman fled the house, and sheriff's deputies arrived a short time later.

Mielcarek worked at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township. Administrators there suspended him the day he faced criminal charges, and the Department of Corrections later fired Mielcarek.













Former corrections officer gets 10 to 20 in shooting
Saginaw News (MI)
February 22, 2006
A former state corrections officer has received punishment for trying to kill his wife.Ronald S. Mielcarek, 35, learned Monday that he will spend the next 10 to 20 years in prison for assault with intent to murder Danelle I. Hoffman. A jury convicted Mielcarek.

After the hearing, Hoffman said she is "pleased with the sentence" and glad the case is over.

During the proceeding, Mielcarek turned to Hoffman and apologized to her. He said what he did "was unacceptable" and it "was truly out of character for me."

Mielcarek, who said he had consumed alcohol the night of the incident, argued through his attorney that his offense was more consistent with felonious assault and that he should serve only three to 10 years in prison.

In June, a jury convicted Mielcarek of possessing a firearm while committing a felony against Hoffman but deadlocked on whether he tried to kill her in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers.

About 5 a.m. Dec. 3, Mielcarek came home and argued with his wife, prosecutors said. He took a gun, pointed it at her head and fired, shooting off part of her ear.

Hoffman fled, and sheriff's deputies arrived a short time later.

Mielcarek worked at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township. Administrators there suspended him the day he faced criminal charges, and the Department of Corrections later fired Mielcarek. He also said he had worked as a respiratory therapist at Gratiot Community Hospital.