Friday, February 27, 2004

Assist Prosector Kevin Floyd - Kent County







Kent County Assistant Prosecutor Kevin Floyd was charged with misdemeanor assault and battery, and aggravated stalking for a May 23, 2003 altercation with his ex-wife.











While awaiting trial, Assistant Prosecutor Floyd was out on pretrial release and required to wear an electronic tether. In February 2004, Floyd was facing revocation of his pretrial release because he had failed to make maintenance payments on the tether....And the tether was shut off for a period of two days.








At the February 27th revocation hearing, Floyd avoided having his pretrial release revoked by paying back maintenace payments on the electronic tether.





ALSO SEE:


Kent County Assistant Prosecutor Kevin Floyd. May 23, 2007: Assault and battery; aggravated stalking charges.
http://michiganoidv.blogspot.com/2003/10/october-22-2003-assistant-prosecutor.html


Kent County Assistant Prosecutor Kevin Floyd. October 2003: Jailed for 7 days.
http://michiganoidv.blogspot.com/2003/10/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. July 12, 2005: Violation of probation.

http://michiganoidv.blogspot.com/2005/07/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. December 30, 2005: Criminal contempt in civil case / divorce case.
http://michiganoidv.blogspot.com/2005/12/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. August 21, 2006: 30 day suspension ordered by State of Michigan Attorney Discipline Board for Floyd's assault and battery conviction.
http://michiganoidv.blogspot.com/2006/08/assistant-prosecutor-kevin-floyd-kent.html.


Kent County Assistant Prosecutor Kevin Floyd. May 31, 2007: Attempted to appeal May 10, 2007, parenting time ruling.
http://michiganoidv.blogspot.com/2007/05/assistant-prosecutor-kevin-floyd-kent.html






New procedures will make sure tethers are turned on
Saturday, February 28, 2004
By Doug Guthrie
The Grand Rapids Press
http://www.mlive.com/news/grpress/index.ssf?/base/news-13/107796711258720.xml

New policies are in place to prevent the same shutdown of an electronic tracking tether that occurred when a former Kent County assistant prosecutor -- accused of stalking his estranged wife -- failed to pay required maintenance fees.

The global positioning satellite tracking device that one-time judicial candidate Kevin Floyd was required to wear was ordered shut off Feb. 2 for failure to pay maintenance fees to a Detroit-area electronic surveillance company. It was reactivated two days later.

"It would be bad to have someone get off a tether by just not paying for it," said Kent County Chief Circuit Judge Paul Sullivan. "It's the height of absurdity to have had this happen. From a policy standpoint, this should never happen again."

The county contracts with a leasing company called House Arrest Services for the ankle-attached tracking equipment.

Floyd had been ordered to pay $16 a day for the device. Other tethers in common use are half as expensive.

Court records show Floyd made only an initial payment when he was released from jail and fitted with the device on Oct. 29. Floyd, who resigned from his nearly $90,000-a-year job after 14 years with the Kent County Prosecutor's office, had argued he didn't have the money to pay.

He quit after being charged with aggravated stalking for violating a personal protection order obtained by his estranged wife, Andrea Morgan-Floyd.

The device allows people accused of potentially violent crimes to remain free on bond while awaiting trial.

Unlike standard electronic tethers which warn authorities if a person has left home, the GPS tether sends a signal to a receiver in the hands of the alleged victim, warning that the accused is nearby.

Authorities have said Floyd apparently was unaware that his tether was turned off, until notified by the court after it was turned back on. Floyd avoided returning to jail on Friday when he paid nearly $1,300 in overdue maintenance fees. He also paid an additional $500 for the service through March, according to his lawyer, John Beason.

Sullivan said the Floyd case was unique because it apparently is the only time a GPS tether has been turned off without a judge's order.

Sullivan said there now are procedures in place to ensure failure to pay is addressed in court before any services are turned off.

Jon Ugval, director of operations for House Arrest Services of Eastpointe, near Detroit, said his company turned off the device on orders issued from within the Kent County court's bureaucracy.

"We have never taken them off line without a court's approval," Ugval said. "It was not a House Arrest Services call. All we do is provide information for the court. Decisions are made at that level."

Sullivan said the GPS device rarely has been used in the nearly three years it has been available. He said higher cost is a factor, but the other alternative is to put the person in jail. Given the option, many defendants prefer to pay rather than go to jail, he said.

Floyd, 40, has been free on $40,000 bond since his release after a week in jail in October.

A Kalamazoo County judge assigned to the case last week gave Floyd until noon Friday to pay or go to jail.

"The judge (Kalamazoo Circuit Judge Philip D. Schaefer) was fair and reasonable in giving Kevin a chance to pay," Beason said. "We also appreciate the judge's lifting of a restriction preventing Kevin from seeing his son. The judge was fatherly and compassionate."

Schaefer is handling the case because Kent County's judges declined due to familiarity with Floyd. Kent County's prosecutor also backed away from the case for the same reason.

No date has been set for Floyd's trial. The crime is punishable by up to five years in prison, $7,500 in fines and at least five years of probation. Misdemeanor assault charges also stemming from another alleged domestic incident were dismissed in Kentwood District Court in January.



Officer Tamieka Moorhead - Resigned - 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 February 2004, Moorehead was sentenced to four years probation; she could no longer carry a weapon; and she had to resign from the police department.





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.








Officer Tamieka Moorehead - Sentenced - 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 February 2004, Moorehead was sentenced to four years probation; she could no longer carry a weapon; and she had to resign from the police department.





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.








Monday, February 23, 2004

FIREFIGHTER MATTHEW COOK - WAYLAND FD

OFFENDER: MATTHEW COOK [FORMER FIREFIGHTER WITH WAYLAND VFD]



CHARGED WITH CHILD PORNOGRAPHY WHILE ON PROBATION FOR DOMESTIC VIOLENCE ASSAULT:
http://michiganoidv.blogspot.com/2004/03/firefighter-matthew-cook-wayland-fd.html

ORIGINAL CHARGES: FELONY POSSESSION OF CHILD PORNOGRAPHY; USE OF A COMPUTER IN THE COMMISSION OF A CRIME.MDOC NUMBER: 496094
CURRENT STATUS: PRISONER
LOCATION: MACOMB CORRECTIONAL FACILITY
SECURITY LEVEL: II
EARLIEST RELEASE DATE: 07/18/2017
MAXIMUM DISCHARGE DATE: LIFE




SENTENCE 1:
OFFENSE: CSC- ASSAULT W/ INTENT TO COMMIT SEXUAL PENETRATION

MCL #: 750.520G1
COURT FILE # : 07015431-FH-C
COUNTY: ALLEGAN
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 5 YEARS 7 MONTHS
MAXIMUM SENTENCE: 10 YEARS 0 MONTHS
DATE OF OFFENSE: 04/01/2004
DATE OF SENTENCE: 04/04/2008




SENTENCE 2:
OFFENSE: CRIMINAL SEXUAL CONDUCT, 3RD DEGREE [FORCE OR COERCION]

MCL #: 750.520D1B
COURT FILE # : 07015431-FH-C
COUNTY: ALLEGAN
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 10 YEARS 0 MONTHS
MAXIMUM SENTENCE: 15 YEARS 0 MONTHS
DATE OF OFFENSE: 04/01/2004
DATE OF SENTENCE: 04/04/2008




SENTENCE 3:
OFFENSE: CRIMINAL SEXUAL CONDUCT, 3RD DEGREE [FORCE OR COERCION]

MCL #: 750.52D1B
COURT FILE # : 07015431-FH-C
COUNTY: ALLEGAN
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 10 YEARS 0 MONTHS
MAXIMUM SENTENCE: 15 YEARS 0 MONTHS
DATE OF OFFENSE: 04/01/2004
DATE OF SENTENCE: 04/04/2008




SENTENCE 4:
OFFENSE: GROSS INDECENCY BETWEEN MALE & FEMALE- COMMITTING / PROCURRING

MCL #: 750.338B / 750.10A
COURT FILE # : 0702979-FH
COUNTY: KENT
CONVICTION TYPE: PLEA
MINIMUM SENTENCE: 7 YEARS 0 MONTHS
MAXIMUM SENTENCE: LIFE
DATE OF OFFENSE: 03/01/2007
DATE OF SENTENCE:08/28/2007




SENTENCE 5:

OFFENSE: CRIMINAL SEXUAL CONDUCT, 1ST DEGREE [PERSON UNDER 13] -SOLICIT
MCL #: 750.520B1A / 769.10
COURT FILE # : 0702979-FH
COUNTY: KENT
CONVICTION TYPE: PLEA
MINIMUM SENTENCE: 3 YEARS 0 MONTHS
MAXIMUM SENTENCE: 5 YEARS 0 MONTHS
DATE OF OFFENSE: 03/01/2007
DATE OF SENTENCE: 08/28/2007

















 

Saturday, February 14, 2004

Deputy Nick Cavanaugh - Otsego SD



On February 14, 2004, Gladwin Police Officers officers observed Cavanaugh's vehicle parked in a private parking lot in Gladwin around 11:45 p.m. Feb. 14.










When the officers approached Deputy Cavanaugh's car, they noticed that the deputy was with a female companion...and that the deputy had hold of her by her hair. The Deputy explained to the Gladwin officers that he was not going to let go of his girlfriend's hair "until she said, please".












The Gladwin officers noted that Deputy Cavanaugh appeared to be intoxicated. They administered a preliminary alcohol test on Cavanaugh. The Deputy blew a .17......Twice the legal limit of .08.













Gladwin officers also found Deputy Cavanaugh's duty gun [fully loaded], in the backseat of the vehile....Hidden under a coat.












Gladwin police officers did not arrest Deputy Nick Cavanaugh for assaulting his girlfriend....Deputy Cavanaugh was not arrested for drunk driving....and Deputy Cavanaugh was not arrested for being in possession of a firearm while intoxicated.












Instead of the Gladwin police officers transporting Deputy Cavanaugh to jail.....














....The Gladwin officers gave Deputy Cavanaugh a ride to a local motel.









Otsego Sheriff Jim McBride fired Deputy Nick Cavanaugh from the Otsego Sheriff Department on February 20th, for the February 14th incidents.








Gladwin County Prosector Thomas Evans refused to file criminal charges against Deputy Cavanaugh for the February 14th incidents....












....AND, because of the Prosecutor's decision,  Otsego Sheriff Jim McBride was forced to put Deputy Cavanaugh back on the Otsego Sheriff Department. In April 2010, Sheriff McBride dismissed Deputy Cavanaugh from the Sheriff Department for "a major policy violation".








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. August 2003:
Reprimanded for taking confiscated fireworks for own personal use.











Prosecutor explains why deputy not charged
March 29, 2004
By Michael Jones, Staff Writer
http://articles.petoskeynews.com/2004-03-29/police-officer_24060091

GAYLORD - A letter, dated Feb. 25, from Gladwin County Prosecutor Thomas Evans to Gladwin City Police Chief Charles Jones, spelled out, point by point, the reasons leading to his decision not to bring charges against former Otsego County Sheriff's Dept. (OCSD) Nick Cavanaugh, who was fired Feb. 20.

Otsego County Sheriff

Jim McBride fired Cavanaugh, a five-year veteran with the department, after a Feb. 15 incident in Gladwin, in which, according to a Gladwin City Police report, Cavanaugh was allegedly in possession of a firearm while intoxicated.

McBride said his decision to release Cavanaugh was based on the information found in the police report detailing the incident between Cavanaugh and a Gladwin police officer - as well as past disciplinary issues while Cavanaugh was a deputy with the OCSD. According to McBride, Cavanaugh was suspended last summer for his involvement with another deputy for keeping confiscated fireworks for their own personal use.

Since his termination from the department, Cavanaugh has announced plans to take his case to a state arbitrator, citing the fact the allegations against him were unfounded.

In his letter to the Gladwin chief of police Evans wrote, "There is insufficient evidence to bring charges in this matter … There is no legally admissible evidence whatsoever to show that Mr. Cavanaugh committed a crime and there certainly is insufficient evidence to charge him or convict him."

Although the police report indicates Cavanaugh was given a preliminary breath test and registered a blood-alcohol content of .17, more than twice the legal limit, Evans questioned the validity of the test and several other items in the report.

As to a possible charge of drunk driving, Evans wrote that the officer never saw Cavanaugh driving his car - Cavanaugh was reportedly parked in a private parking lot with a female companion - and he also questioned the validity of the stop, citing a recent unrelated case in Gladwin County.

" … there is no state traffic control order for the entrance, exit, and parking lot of that business … " the letter states, and goes on to say that the district judge ruled the traffic stop in that unrelated case was invalid.

In the letter, Evans also criticized several procedural matters found in the report, including: " … the Michigan State Police administrative guidelines require a 15-minute observation period before a police officer administers a preliminary breath teat (p.b.t.) in order for the p.b.t. results to be used as a basis for an arrest …

"The officer did not administer any field sobriety test to Mr. Cavanaugh … Therefore, there is no legally admissible evidence that Mr. Cavanaugh was intoxicated …"

After reading a copy of the prosecutor's letter, OCSD Undersheriff Matt Nowicki commented, "There are very few things which would lead to a deputy being fired for a first time incident. This wasn't the first time with Nick. We had the recent fireworks problem and there were a number of other corrective measures before that."















Fired deputy wants job back
He had 0.17 blood-alcohol at altercation
By DAN SANDERSON
Record-Eagle staff writer
March 28, 2004
http://www.record-eagle.com/2004/mar/28otsego.htm

GAYLORD - A former Otsego County Sheriff's deputy who was fired for possessing his firearm during an alleged drunken altercation with a woman is fighting to reclaim is job.

Nicholas Cavanaugh, who spent five years as an Otsego deputy, hopes arbitration will return him to his former job.

Otsego Sheriff Jim McBride fired Cavanaugh on Feb. 20 after he learned the deputy was involved in an altercation with a woman in Gladwin.

According to police reports, a Gladwin City Police officer saw Cavanaugh grasping a woman by the back of her hair while his car was parked with its light on in the lot of a business on Feb. 14 around 11:45 p.m.

Cavanaugh allegedly told the Gladwin officer he would not leave the parking lot until the female passenger said "please."

The Gladwin officer asked if Cavanaugh had a weapon. After Cavanaugh exited the vehicle, police found his service revolver under a jacket in the car behind the driver's seat.

The gun was loaded with a round in the chamber, according to police reports.

Police asked Cavanaugh to submit to a Breathalyzer test and said he registered a blood-alcohol level of 0.17, more than twice the state's standard for intoxication.

A person carrying a concealed weapon is subject to a 93-day misdemeanor if they register a blood-alcohol level of .10 or more.

Instead of arresting Cavanaugh, the Gladwin officer took Cavanaugh and his companion to a motel, where they had previously reserved a room, and had his car towed, reports state.

McBride said Cavanaugh also was suspended last year for his involvement in an incident when another former deputy, Jeffrey Brecheisen, confiscated illegal fireworks from a traffic stop and used them for his personal use.

"His conduct was very unbecoming," said McBride. "In two instances, he was violating the same laws he was sworn to uphold."

Gladwin County Prosecutor Tom Evans said there was insufficient evidence to charge Cavanaugh because his car was parked, the investigating officer failed to perform other field sobriety tests and the officer did not arrest Cavanaugh on the spot.

The Otsego County Board of Commissioners' personnel committee this month backed the sheriff's position and denied a grievance Cavanaugh filed against the sheriff's department.

Tom Kreis, the northern Michigan staff representative for the Police Officer's Labor Council, has requested an arbitration hearing for Cavanaugh. The process could take up to six months and the decision made by the arbitrator would be final.

Kreis said he has never seen as much interest in a case in the 20 years he has acted as a business agent for the police labor union.











Comments go to action, not integrity – Letter to the Editor
Gaylord Herald Times
2004/03/24
http://www.gaylordheraldtimes.com/articles/2004/04/14/news/opinion/opinion03.prt


To the Editor:

The recent letter written by law enforcement officers Blake Davis and John Jenkins regarding the prosecutor stated that an inaccurate letter in this paper "attacked our prosecutor." That is just not so.

No one has made any claims about the prosecutor's integrity or commitment. What everyone has written about are some of the prosecutor's decisions and statements following those decisions.

I would agree that being a police officer or a prosecutor would have difficult moments, especially in dealing with loss of life. No one is perfect. But we generally expect more out of our public servants than we do out of everybody else, including ourselves.

Let's say I were to agree that Otsego County sheriff's Dep. Nick Cavanaugh should have been fired for using bad judgment when he was found drunk by police officers pulling his female companion's hair while his service revolver was in his back seat. Cavanaugh claimed the allegations were unfounded because he was not prosecuted.

I would not be attacking Cavanaugh by saying that or saying that he ought to drop arbitration and pursue another line of work since he obviously can't control himself. Hence the phrase, "conduct unbecoming of an officer." If Cavanaugh didn't have a badge, he might have been arrested for drunk and disorderly behavior, or drunk driving, or assault, and he most certainly wouldn't have received a courtesy ride back to a motel room.

That whole incident was a good example of the police protecting each other, just like what Davis and Jenkins are trying to do. While the situations are different, our prosecutor and the former deputy as public employees are both subject to public scrutiny for their actions, on duty or off duty. Wouldn't it be something if whenever someone's private sector job was in jeopardy their peers wrote to the local paper to cut down detractors and glorify their comrade's dedication to service. Would it matter?

For some strange reason, public servants seem to think their jobs are sacred and that once they have them, they are entitled to keep them along with every possible pay increase and benefit they can get. Good, hardworking people in the real world are dumped onto the unemployment line everyday, left to pick up the pieces and move on. All it takes many times is a single mistake or a budget cut, and you're out of a job. So with that in mind I don't have a problem with the idea of replacing the prosecutor.

In answer to Brian Morgan's desire for the local majority party to field a different candidate for prosecutor - that's just not going to happen because unless there is a smoking gun involved, political parties will remain loyal to their incumbent. Furthermore, I would not want to see someone run for that office who is inexperienced in practicing law. If Hesselink is the only name on the ballot, then the only choice for many people will be to not cast a vote for that office as a protest vote.

Officers Davis and Jenkins mentioned the oaths taken by law enforcement employees to follow the Constitution. I sure hope the police take the Constitution very seriously, and that they remember that the Bill of Rights, which are the first 10 amendments to the Constitution, includes the freedom of speech, which is what letters to the editor are all about. Without our freedom of speech the authorities would become the thought police.

Robert Weber, Gaylord











Deputy contests firing: No charges filed in Gladwin incident; deputy says he'll seek state arbitration
By Michael Jones
Gaylord Herald Times
Wednesday, March 24, 2004
http://www.gaylordheraldtimes.com/articles/2004/03/24/news/t

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 thehearing. "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.

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.

The other deputy, Jeffrey Brecheisen, was fired last year upon completion of an investigation into the incident.











Otsego County sheriff's Dep. Nick Cavanaugh fired
Sheriff's deputy dismissed
Gaylord Herald Times
March 01, 2004
http://gaylordheraldtimes.com/articles/2004/03/01/news/police_courts/police_courts03.txt

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.










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.









[MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE]

Monday, February 2, 2004

Deputy David Glover - Sentenced - Washtenaw SD



In 2004, Deputy Glover was acquitted of domestic violence. Instead, he was convicted of malicious destruction of property and placed on probation.


Also See:
February 26, 2008: Deputy David Glover. Sentenced.
http://michiganoidv.blogspot.com/2008/02/deputy-david-glover-washtenaw-sd.html

October 19, 2007: Deputy David Glover. Aggravated stalking and probation violation.
http://michiganoidv.blogspot.com/2007/10/deputy-david-glover-washtenaw-county-sd.html

August 28, 2007: Deputy David Glover. Sentenced.
http://michiganoidv.blogspot.com/2009/10/oidv-offender-update-david-glover.html

February 10, 2007: Deputy David Glover. Domestic violence.
http://michiganoidv.blogspot.com/2007/02/deputy-david-glover-washtenaw-county-sd.html

February 10, 2007: Deputy David Glover. Assault or Assault and Battery.
http://michiganoidv.blogspot.com/2007/02/deputy-david-glover-washtenaw-sd.html

February 10, 2007: Deputy David Glover. Cut, break, tap wire or cable.
http://michiganoidv.blogspot.com/2007/02/deputy-david-glover-washtenaw-sd_10.html

2004. Deputy David Glover. Domestic violence.
http://michiganoidv.blogspot.com/2004/01/deputy-david-glover-washtenaw-county-sd.html




DEPUTY GLOVER: Orginally charged with domestic violence.
Aquitted on domestic violence charge. Convicted for malicious destruction of property. Sentenced to probation. Returned to duty at the Washtenaw County SD.


















Officers face probe after deputy arrest
Investigation to find whether they broke rules by delaying

The Ann Arbor News
Friday, March 02, 2007
BY ART AISNER
http://www.mlive.com/news/aanews/index.ssf?/base/news-21/1172850003113820.xml&coll=2

Two Washtenaw County Sheriff's sergeants face an internal department investigation for failing to arrest an off-duty deputy suspected of domestic abuse.

The two officers testified Thursday in a preliminary hearing for suspended Deputy David Glover, but were granted immunity from criminal prosecution for any statements they made in court.

The limited immunity granted by 15th District Court Judge Ann Mattson does not extend to the internal investigation under way to determine whether the officers violated department policy and treated Glover differently because of his status as a deputy, court documents show.

Chief Assistant Prosecutor Joe Burke said his office asked for immunity because the sergeants, through their union attorneys, indicated they would not testify without it.

Sheriff's Sgt. Shawn Hoy and Sgt. Mike Mahalick, who are both on paid administrative leave, testified that they allowed Glover to leave the scene of a domestic disturbance at his girlfriend's Ypsilanti Township home last month and arrested him only after receiving a supervisor's approval when Glover returned to the home two hours later.

Glover was ordered Thursday to stand trial on a home invasion charge for kicking down the door to the home during a fight with his girlfriend of five years.

A former liaison officer at Ypsilanti High School and 11-year veteran of the department, Glover was suspended without pay and charged with domestic assault and tapping or cutting phone lines. A fourth charge of misdemeanor assault and battery was added Thursday following testimony that Glover pushed the woman.

Under questioning, Mahalick acknowledged that the preferred response to a domestic assault is to arrest the assailant, but said he never spoke directly to the victim and did not notice the damage to the front door of the home right away.

The victim's 13-year-old daughter testified Thursday that Glover kicked the door in after pounding with his fists for about 15 minutes despite repeated warnings for him to leave. The victim called 911, but Glover took the phone and pushed her, according to testimony.

Burke played portions of two calls to dispatchers around midnight where Glover and the victim can be heard angrily screaming at each other and using profanity. Glover sunk his head and rubbed his eyebrows with his fingertips while the tapes played.

It was unclear from the tapes and testimony what the fight was about, but the couple appear to have had a volatile relationship.

Court records show Glover was acquitted on a domestic violence charge but convicted for malicious destruction of property in 2004 after smashing out a car window with a golf club while woman and her friend were inside.

He was placed on probation at that time, court records show.


If convicted of home invasion, Glover faces up to 20 years in prison. The other charges are high-court misdemeanors.






Deputy pleads no contest to assault
Officer charged with domestic violence

The Ann Arbor News
BY ART AISNERFriday, July 06, 2007

http://www.mlive.com/news/aanews/index.ssf?/base/news-23/1183732837301390.xml&coll=2

A suspended Washtenaw County Sheriff's deputy pleaded no contest to misdemeanor domestic violence and phone tampering charges in connection with an assault on his girlfriend in February.

In exchange, a felony charge of first-degree home invasion was dismissed.

David Glover, an 11-year veteran of the department, remains on unpaid administrative leave pending the outcome of an internal investigation, Sheriff's Cmdr. Dave Egeler said.

At a pretrial hearing Tuesday, Glover pleaded no contest to single counts of assault and battery, domestic violence and phone tampering, said Chief Deputy Assistant Prosecutor Steve Hiller.

Authorities said Glover, 39, was accused of kicking in the door to his girlfriend's Ypsilanti Township home, pushing her and taking her phone in February.

At his Aug. 28 sentencing, Glover faces up to two years in prison on the phone tampering charge and 93 days in jail on the assault charges. A first-degree home invasion charge, which is a felony punishable by up to 20 years in prison, was dismissed.

"This was a very sad day for him in his life, but he didn't want to put a young child through a trial,'' said Michael Vincent, Glover's attorney.

The woman's 13-year-old daughter witnessed the assault and testified at a preliminary hearing in March. A trial was scheduled for later this month.The February incident also resulted in the suspension of two sergeants who responded to the scene that night.

Sgt. Shawn Hoy and Sgt. Mike Mahalick, who are on paid leave, did not initially arrest Glover, which is the subject of a pending internal investigation.

In 2004, Glover was acquitted on a domestic violence charge but convicted of misdemeanor malicious destruction of property for an incident involving the same woman, records indicate.

Glover remains free on a personal bond.

Chief John Josten - Sentenced - Bloomingdale PD

Bloomingdale Police Chief, John Josten arrested for domestic violence assault against wife, an Allegan County Deputy [May 15, 2009].



2004: Josten was placed on probation for assaulting a man The  case was later dismissed. He was placed on "prosecutorial probation" and the case later was dismissed. Records don't indicate why...



May 2009: Chief Josten was arrested for a domestic violence assault against his wife, an Allegan County Sheriff deputy.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

May 2009: Chief Josten pleaded guilty to a misdemeanor assault and battery charge, which will be dismissed within a year.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

May 2009: Chief Josten was supsended from the Bloomingdale PD.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

September 14, 2009: Council members who had supported the supension of Chief Josten, following his pleading guilty to domestic violence charges, had their car tires slashed on the same day.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

September 17, 2009: Chief Josten was fired from the Bloomingdale PD.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

June 2010: Chief Josten's domestic violence assault case would become nonpublic [under MCL 769.4a]
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

1978: John Josten received a year probation for an assault and battery in Portage Michigan.

http://michiganoidv.blogspot.com/1978/01/chief-john-josten-bloomingdale-pd.html

1993: John Josten hired by the Bloomindale PD and named as police chief later that year.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html












Bloomingdale to pay former chief $19K
In return, John Josten has to agree to resign
WOODTV 8 NEWS
Updated: Thursday, 17 Dec 2009, 4:11 PM EST
Published : Thursday, 17 Dec 2009, 3:43 PM EST
By Ken Kolker
http://www.woodtv.com/dpp/news/local/sw_mich/Bloomingdale-to-pay-former-chief-19K

BLOOMINGDALE, Mich. (WOOD) - The village of Bloomingdale has agreed to pay a $19,000 settlement to its former police chief, who was suspended after a conviction for assaulting his wife.

In exchange, former chief John Josten has agreed to sign a letter of resignation dated May 22, 2009, his last day on the job.

The village will pay $9,000 and its insurance company through the Michigan Municipal League will pay the remaining $10,000, village trustee Thomas Barczak said.

"It's what we offered him in the spring before all this blew up," Barczak told 24 Hour News 8 on Thursday.

The village council approved the settlement Tuesday. It calls for the chief to drop the lawsuit he filed against the village over his suspension.

Josten alleged the council suspended him without the 30-day notice required by his contract.

His attorney, Douglas Merrow, said Josten has agreed to the settlement.

Josten, who has a history of assaults, was suspended without pay after he assaulted his wife -- Allegan County Deputy Jodi Josten -- in April.

He allegedly threw a glass during an argument that hit his wife in the shoulder.

Josten pleaded guilty, was given up to one year probation and ordered to pay $415 in fines and other costs. But the case will be dismissed if he completes court-ordered therapy.

He received a year of probation for assault and battery in 1978 in Portage, and was charged in 2004 with assaulting a man. That case was dismissed after he was placed on prosecutorial probation.

Josten's suspension divided Bloomingdale, a village of 500 people in northern Van Buren County, leading to recall petitions that were approved against three council members. The recall election is set for Feb. 23.

A successful recall could lead to Josten's re-hiring, Merrow said.

"I understand he's got very strong backing in the community," the attorney said. "His performance there has just been stellar."











Bloomingdale, a one-cop town until now
Chief suspended; he claims retaliation
Updated: Thursday, 10 Sep 2009, 6:23 PM EDT
Published : Thursday, 10 Sep 2009, 11:00 AM EDT
WOOD TV 8 NEWS
Ken Kolker
http://www.woodtv.com/dpp/news/local/sw_mich/Bloomingdale_a_one_cop_town_until_now

BLOOMINGDALE, Mich. (WOOD) - This is a tiny village with a police department normally half the size of TV's Mayberry. It was a one-cop town -- until now.

And, that has torn apart this village, leaving it without a police chief, and, without a police department.

"He can't patrol," said Village Council Member Thomas Barczak. "We're not paying him."

Chief John Josten blames the Village Council. "I do believe it's a retaliatory motive that they've had," for arrests he's made of village council members or their relatives, Josten told 24 Hour News 8.

Bloomingdale is in northern Van Buren County, southwest of Allegan. Home to slightly more than 500 people -- a farming community, an old railroad town without a railroad.

Josten, who has a history of assaults, is suspended without pay and expects to lose his job after he assaulted his wife -- Allegan County Deputy Jodi Josten -- in April.

He allegedly threw a glass during an argument that hit his wife in the shoulder. He pleaded guilty in June through a domestic diversion program, was placed on up to a year probation and was ordered to pay $415 in fines and costs.

But the case will be dismissed if he completes court-ordered therapy.

Allegan County Judge William Baillargeon amended his probation, allowing Josten to carry a gun for work.

Many in the village support him. Some have signed a petition to force the village to keep Josten, who has worked there nearly 18 years. His contract, obtained by 24 Hour News 8 through the Freedom of Information Act, shows he was paid $38,500 a year to work 40 hours a week.

Van Buren County on Wednesday approved a petition to recall the village president, Thomas Rock, and village council members Tony Rankins and William Rawlings. However, the county denied wording on a petition to recall two other members: Thomas Barczak and Shirley Noble.

Village residents pay 10 mills in property taxes for their own police protection. Right now, they're getting nothing for their money. State police and the Van Buren County Sheriff's Department is responding to complaints, village officials said.

Some question why Josten kept the job as long as he did -- with a 1978 assault conviction in Portage, and an assault arrest in Barry County five years ago. Details in the 1978 case were not available, though State Police records show he was placed on probation for a year and ordered to pay fines.

In the 2004 case in Barry County's Yankee Springs, court records show, he allegedly assaulted a man, threatened witnesses and "acted inappropriately" during the investigation. He was placed on "prosecutorial probation" and the case later was dismissed. Records don't indicate why.

He could lose his job by Friday.

Josten claims he's being targeted by a vindictive Village Council after he arrested two council members and the grandson of another in recent years.

"I arrested Tom Rock for assault and battery and disorderly conduct on a senior citizen," he said.

Van Buren County court records show Josten arrested Village President Thomas Rock for assaulting a man and for disorderly conduct in August 2008 -- months before Josten's most recent arrest.

The president's assault case was dismissed, but he pleaded guilty to disorderly conduct and was ordered to pay fines.

"I've worked for other small towns -- I've worked for Bangor; I've worked for Paw Paw, which is a larger town -- but you usually don't have council members that are getting in trouble with the law," Josten said.

Rock refused to comment about Josten's retaliation allegations, saying that the chief was "suspended and terminated for cause." He says the village has treated the chief fairly.

There are no records available in what Josten claims was the arrest of a second village council member, or the arrest of a council member's grandson. He also claims the grandson has been "following me" and calling his grandmother -- the council member -- "telling her each move I make. I've seen her husband following me all around town, watching everything I do."

Josten said he wants the job back, but not under the current council. "I love this community," he said. "I've been here a long time. I live here. My kids go to school here. But this particular group of council members -- there's been such a breakdown with the relationship between police and them. I don't believe I could effect good law enforcement here."