Sunday, April 21, 2002

04212002 - Muskegon PD Officer Chad Fellows - Barricaded Himself In House With Wife And Children After Fleeing Police When Pulled Over For Drunk Driving

 






Cop arrested after chase, standoff
Grand Rapids Press, The (MI)
April 21, 2002 
https://infoweb.newsbank.com/
OTTAWA COUNTY -- A high-speed chase that began on U.S. 31 in Ottawa County ended early Saturday at a Lakeside home with a Muskegon police officer being arrested and facing several criminal charges.

The arrest of Sgt. Chad Fellows has left the police department stunned.

"The thing we don't know is what led up to all this," said Muskegon Police Chief Tony Kleibecker, who took his own officer into custody about 3:15 a.m.

Authorities said Fellows had been drinking at a Spring Lake area establishment before he led Spring Lake/Ferrysburg and Norton Shores officers on a chase where speeds reached 100 to 120 mph.

"There was very, very little traffic," said Spring Lake/Ferrysburg Officer Joe Steinhauer. "It think I saw two cars during the entire chase. We were lucky."

The fleeing officer abandoned his car a few blocks from his Lakeside home and then ran inside. By that time, officers knew the fleeing suspect was one of their own.

Fellows' home was surrounded and the police chief was contacted.

After lengthy and sometimes tense phone negotiations, Kleibecker and other officers coaxed him to the doorway of the home's tiny front porch, where they were able to grab him. There was a brief struggle, and Fellows was turned over to Ottawa County authorities. No one was injured.

"We were fairly confident he was not armed," Kleibecker said. "A weapon was never mentioned in conversation, nor was there any threat involving a weapon. Our whole conversation had been basically that he was not going to come out."

Fellows now faces criminal charges in Ottawa and Muskegon counties. Muskegon County Prosecutor Tony Tague said his office has authorized warrants charging Fellows with fleeing and eluding in a residential neighborhood, a felony, and with resisting and obstructing police, a high-court misdemeanor.

In Ottawa County, the officer is expected to be charged with drunken driving and fleeing and eluding, according to police. Fellows was initially lodged in the Ottawa County Jail. On Saturday afternoon he was transferred to the Muskegon County Jail.

The officer has been placed on administrative leave from the police department, pending the outcome of an investigation into the incident, Kleibecker said.

"When you have something like this happen, it's a difficult situation. We have to deal with it and we have to be open about it," Kleibecker said.

"Certainly, as police officers, we're held to a standard of conduct," the chief said. "We're expected to uphold the law. Even when we're off duty, we are expected to be above reproach. I think people look to us as role models. It's part of the job."




















Arrested officer who led cops on chase free on bond
Muskegon Chronicle, The (MI)
April 22, 2002 
https://infoweb.newsbank.com/
A Muskegon police officer arrested early Saturday after a high-speed chase in Ottawa and Muskegon counties has now bonded out of jail, according to court records.

Sgt. Chad Fellows posted a $20,000 surety bond Sunday at the Muskegon County Jail and was released on the condition that he be examined by officials at Community Mental Health Services of Muskegon County. He also posted $5,000 bond in the Ottawa County case.

As of this morning, no dates had been set for arraignments in either county.

In Muskegon County, Fellows is charged with felony fleeing and eluding in a residential neighborhood and with resisting and obstructing police, a high-court misdemeanor.

Court records in Ottawa County list charges of felony fleeing and eluding and operating a vehicle under the influence of liquor.

Muskegon County Prosecutor Tony Tague said he would be consulting today with Ottawa County Prosecutor Ronald Frantz about the overall charges relating to the incident. “I’ll also be meeting with the (Muskegon) chief of police about the extent of their internal investigation,” he said.

About 1:37 a.m. Saturday, Spring Lake/Ferrysburg Police Officer Joe Steinhauer was traveling north on U.S. 31 as part of a special patrol targeting drunken drivers. He was near Taft Road when he noticed a car coming up behind him at high speed.

Steinhauer said the car passed him at more than 100 mph. A chase ensued, with speeds reaching as great as 120 mph, according to police. The driver abandoned the vehicle near his home on Morton Avenue in Muskegon’s Lakeside neighborhood and ran into his house. After more than an hour of telephone negotiations, the officer was grabbed as he stood by the doorway of his front porch.
















Arrested cop may have grabbed for gun
Muskegon Chronicle, The (MI)
April 23, 2002 
https://infoweb.newsbank.com/
A Muskegon police sergeant facing several criminal charges after a high-speed chase early Saturday may have attempted to grab another officer’s gun during the struggle that ended with his arrest.

It took six or more officers to subdue Sgt. Chad Fellows after he was grabbed at the front door of his home when lengthy telephone negotiations did not result in his surrender, according to one police report.

Muskegon County Prosecutor Tony Tague this morning confirmed that “we’re investigating reports that Fellows did attempt to take a weapon away from a fellow officer during his resisting arrest.”

Police Chief Tony Kleibecker declined to release his department’s reports of the incident, saying it was an ongoing investigation. He said he did not want to comment on the gun allegation until he has read all reports connected to the incident.

Fellows has been charged in Muskegon County with fleeing and eluding in a residential neighborhood, a felony, and with a high-court misdemeanor charge of resisting and obstructing police.

Fellows posted a $20,000 surety bond Sunday and voluntarily committed himself to a local mental health facility, authorities said Monday. He is scheduled for 60th District Court arraignment on May 6.

If it is determined that Fellows attempted to grab or did grab another officer’s gun during his arrest, he could face an additional felony charge, according to the prosecutor.

Tague said he met with Ottawa County Prosecutor Ronald Frantz Monday. It was decided that “any drunken-driving related charges would arise out of Ottawa County” and the fleeing and eluding charge there likely will be dismissed in favor of a similar Muskegon County charge, Tague said. Fellows is scheduled for arraignment in Ottawa County the first week in May.

The Muskegon Police Department’s own internal investigation started Sunday and is continuing. Fellows was placed on administrative leave following the incident.

The high-speed chase that resulted in Fellows’ arrest started about 1:37 a.m. Saturday on U.S. 31 near Taft Road in Ottawa County. Spring Lake/Ferrysburg Officer Joseph Steinhauer Jr. reported that a Cadillac passed him northbound traveling “well over 100 mph.”

As the pursuit continued, officers from Norton Shores and then Muskegon assisted. The Cadillac was abandoned on Morton Street in Muskegon’s Lakeside neighborhood, near Fellows’ home.

After a foot chase, Fellows ran into his house at 1761 Morton and wouldn’t come out, police said. Just before going inside, Norton Shores Officer Michael Wasilewski caught up to him in the back yard and used pepper spray to get Fellows to stop running, a report said. But Wasilewski slipped and Fellows ran inside.

A Norton Shores police report shows that the fleeing Cadillac actually belonged to another Muskegon police officer. When the license plate was checked during the pursuit, it came back as registered to that officer. However, it was learned that Fellows had borrowed the Cadillac and that its owner was out of town.

At 2:08 a.m., Kleibecker, Detective Captain John Workman and Patrol Capt. William Wiebenga were requested at the scene. At 2:14 a.m., a tactical response team from the Michigan State Police was put on alert for “a barricaded gunman,” according to the Norton Shores report.

Negotiations began, and at 2:59 a.m. Fellows’ wife threw at least one weapon out a back window and indicated she thought the rest of the weapons in the home were locked up, the report said. She said the children were safe in a bedroom.

After coaxing Fellows to the front door off a tiny porch a second time, Kleibecker, Workman and Sgt. Timothy Lewkowski rushed Fellows, who is 6-3 and weighs an estimated 280 pounds.

The Norton Shores report said five or six officers were trying to subdue Fellows and yelling for help. The Norton Shores officer reported that Fellows was pushing officers back and throwing punches, swearing and yelling, “you ain’t taking me.”

Fellows was then literally picked up by officers, but all of them ended up on the ground in the front yard as the struggle continued, the report said. Norton Shores Officer Michael Kasher tried to assist in handcuffing Fellows.

“I heard Officer (Ramiro) Pena yell, ‘He’s got my gun, he’s trying to get my gun,’ ” Kasher wrote in his report. Kasher then wrote that he saw Muskegon Officer (Steve) Martinez hit Fellows three times in the stomach area, ordering Fellows to “let go of the weapon.”

The Norton Shores report notes that Fellows was then taken into custody and makes no further comment on the weapon.

Kleibecker said a staff meeting was held Monday at the department to discuss the incident, and that on Monday night there was a session for those officers who responded to the scene to talk about what happened.
















Police incidents have many twists, ties
Muskegon Chronicle, The (MI)
April 23, 2002 
https://infoweb.newsbank.com/
Muskegon Police Sgt. Chad Fellows has been in the news before, and there are an unusual number of connections and coincidences stemming from an incident Saturday that resulted in the command officer’s arrest for fleeing and resisting police.

The Waller incident: Five years ago today, Fellows was one of the officers present at the traffic stop of Scottie Len Waller, an African-American motorist who said he was injured by Muskegon police during the incident. Waller was pepper-gassed and suffered facial injuries. He was briefly hospitalized.

The incident resulted in racial tension in the community. At the time, Fellows was trying to pull Waller from the car when Waller tried to drive off. Fellows was dragged about 15 feet across a downtown parking lot until both he and Waller fell to the pavement. Fellows was injured in the incident.

The Pena connection: Another officer at the Waller traffic stop, Ramiro Pena II, was charged with assaulting Waller. A 60th District Court jury acquitted Pena of aggravated assault in March 1998.

Fellows was one of several Muskegon officers who testified for the prosecution, but he became antagonistic toward the assistant prosecutor while testifying. Fellows said at the time that pressure from prosecutors and the community upheaval left him stressed, discouraged and led him to question his career choice.

Three months later, Fellows was one of three officers who rescued a man from a house fire. The three were later honored by a local service organization.

This past Saturday, it was Pena’s gun that Fellows allegedly tried to grab during the struggle with officers who were arresting him, according to a police report.

Family tradition: The Muskegon police supervisor working the night of the Waller traffic stop April 23, 1997, was Lt. Joseph Steinhauer, now retired. On Saturday, it was Steinhauer’s son, Joseph Steinhauer Jr., a Spring Lake/Ferrysburg police officer, who pursued Fellows during the high-speed chase.

Out and in: Waller was acquitted of resisting arrest in connection with the 1997 traffic stop and also filed a $5.2 million federal civil lawsuit against the city and the police department. He later received a $625,000 settlement.

In January of this year, Waller was sentenced to prison for fleeing and eluding police and crashing his car while driving on a suspended license.

Sergeants all: One of the Muskegon officers who testifed for the prosecution at Pena’s trial was Mark Baker, a sergeant in charge of the narcotics unit. Baker was not present at the Waller traffic stop, but said he overheard a conversation later.

In October 2000, Baker and another narcotics officer were placed on paid administrative leave after Fellows told the police chief that Baker had told the other officer to pocket a $10 bill found while searching a drug suspect’s car.

A subsequent state police investigation showed there was no documentation for the $10, but also noted it was a very small amount of money and there was no personal benefit to Baker. No criminal charge was ever filed.

In January 2001, the administrative leave of Baker and the other officer became 90-day suspensions without pay. Baker was demoted. A union grievance was filed with the Command Officers Association of Michigan, and an arbitrator’s decision earlier this year reinstated Baker as a sergeant. In the meantime, Fellows also had become a sergeant.
















Officer in chase pleads not guilty
Muskegon Chronicle, The (MI)
May 2, 2002 
https://infoweb.newsbank.com/
A Muskegon Police Department sergeant, facing several criminal charges after a high-speed chase early April 20, was arraigned Wednesday on two of those charges in Ottawa County’s 58th District Court.

Chad Fellows was arraigned on charges of third-degree fleeing and eluding and operating a motor vehicle under the influence of alcohol. He demanded a preliminary examination for the fleeing and eluding charge and entered a not guilty plea on the misdemeanor drunken driving charge.

A pre-preliminary examination on the two charges was set for 8 a.m. Tuesday. Fellows’ $5,000 cash or surety bond was continued. The fleeing and eluding felony charge carries a maximum sentence of five years in prison and a $5,000 fine.

Fellows has been charged in Muskegon County with fleeing and eluding in a residential neighborhood, a felony, and with a high-court misdemeanor charge of resisting and obstructing police.

Fellows posted a $20,000 surety bond April 21 and agreed to be evaluated by a local mental health facility as a condition of the bond. He is scheduled for arraignment Monday in Muskegon County’s 60th District Court.

The high-speed chase that resulted in Fellows’ arrest started about 1:37 a.m. on U.S. 31 near Taft Road in Ottawa County. Spring Lake/Ferrysburg Officer Joseph Steinhauer Jr. reported that a Cadillac passed him northbound traveling “well over 100 mph.”

As the pursuit continued, officers from Norton Shores and then Muskegon assisted. The Cadillac was abandoned on Morton Street in Muskegon’s Lakeside neighborhood, near Fellows’ home. After a foot chase, Fellows ran into his house at 1761 Morton and wouldn’t come out, police said.

Just before going inside, a Norton Shores officer caught up to him in the back yard and used pepper spray to get Fellows to stop running, a report said.

But the officer slipped and Fellows ran inside. Fellows eventually was coaxed by Muskegon police officers to a porch, where he was rushed and subdued.
















Police officer arraigned in chase, struggle
Muskegon Chronicle, The (MI)
May 6, 2002 
https://infoweb.newsbank.com/
Former Muskegon police Sgt. Chad Fellows appeared in Muskegon’s 60th District Court this morning in connection with an April 20 high-speed chase that led to his arrest last month.

Fellows, who has resigned from the force, appeared before 60th District Judge Michael Nolan wearing a business suit.

He demanded preliminary hearings on charges of fleeing and eluding in a residential neighborhood, a felony, and a high-court misdemeanor charge of resisting and obstructing police.

Nolan set a hearing date of May 20 on both charges.

Fellows, who appeared in court without an attorney, appeared calm throughout the proceeding. He declined to comment afterward. His $20,000 surety bond was reduced to a personal recognizance bond.

The high-speed chase started on U.S. 31 in Ottawa County. Spring Lake/Ferrysburg police pursued him across the county line, and the chase was joined by police from Norton Shores and Muskegon.

Fellows abandoned the borrowed Cadillac in Muskegon’s Lakeside area and was chased by officers into his home on foot. Fellows was arrested after scuffling with police who had coaxed him out of the house.

It took six or more officers to subdue Sgt. Chad Fellows after he was grabbed at the front door of his home when lengthy telephone negotiations did not result in his surrender, according to one police report.

Muskegon County Prosecutor Tony Tague said “we're investigating reports that Fellows did attempt to take a weapon away from a fellow officer during his resisting arrest.”

In Ottawa County last week, Fellows demanded preliminary examination on charges of third-degree fleeing and eluding and operating a motor vehicle under the influence of alcohol, to which he pleaded not guilty.

A preliminary hearing on those charges is scheduled for 8 a.m. Tuesday in Ottawa County’s 58th District Court. A $5,000 bond set in that county is continued.

Fellows’ resignation from the police force was confirmed this morning by the city’s Civil Service Department and leaves a sergeant’s position open.

The effective date of Fellows’ resignation was not clear this morning. Whether or when the position is filled will depend on the police chief, but no personnel recquisition has yet been made, officials said.
















Lawyer- Arrested cop was stressed
Muskegon Chronicle, The (MI)
May 7, 2002 
https://infoweb.newsbank.com/
The defense attorney for former Muskegon Police Sgt. Chad Fellows said stress played a role in the events of April 20 that resulted in his client’s arrest on several criminal charges.

Fellows, 28, remains free on bond following his arraignment Monday in 60th District Court.

There, Fellows faces a felony charge of third-degree fleeing and eluding in a residential neighborhood and resisting and obstructing police, a high-court misdemeanor.

In Ottawa County last week, Fellows was arraigned on another felony fleeing and eluding charge and pleaded not guilty to a misdemeanor charge of drunken driving.

A state police lab report showed that Fellows’ blood alcohol content after his arrest was 0.12 percent. In Michigan, a person is considered intoxicated with a blood alcohol level of 0.10 percent or greater.

All of the charges against Fellows stem from the April 20 incident that began with a high-speed chase on U.S. 31 in Ottawa County and ended after a standoff at his home, 1761 Morton. During the incident, police reports say Fellows tried to grab other officers’ guns during a struggle and may have attempted to uncuff himself while being transported to the police station.

Fellows has since resigned from the Muskegon Police Department. He had been placed on administrative leave after the incident and an internal investigation was started. Police Chief Tony Kleibecker said this morning that he is awaiting a written report from officers who conducted the internal investigation.

“What you’ll find, and we’re not justifying what happened, is that he was pretty close to a nervous breakdown,” said Larry C. Willey, Fellows’ Grand Rapids attorney.

“He recently lost a couple of very close people, relatives, and he had a lot of stresses at work. They all kind of came together that night.”

As to why on that night everything “came together” as opposed to any other night, Willey said: “I don’t think anybody has that answer.”

Willey said Fellows had been an excellent police officer.

Kleibecker said that it was “tough to lose somebody in these circumstances. He was a good employee and it’s been a very difficult situation. Chad’s moving on and the department is moving on.”

“He’s acknowledged to himself and others that what he did was inconsistent with being a police officer,” Willey said. “From that point of view, there is some therapy occurring. He’s getting help now.”

Willey said his client was “grateful that no one was injured.”

The high-speed chase began about 1:37 a.m. when Spring Lake/Ferrysburg Officer Joseph Steinhauer Jr. reported that a Cadillac passed him northbound on U.S. 31 traveling “well over 100 mph.”

A pursuit that came to involve other departments continued into Muskegon and to Fellows’ Lakeside neighborhood, where reports say Fellows abandoned the Cadillac, ran into his home and wouldn’t come out. Just before going inside, a Norton Shores officer caught up to Fellows and pepper-sprayed him, with little apparent effect.

One Muskegon officer arriving on Morton Street saw Fellows just after he’d been sprayed, walking near his garage, and thought Fellows was assisting officers in apprehending a high-speed chase suspect, a report said. The officer said he did not know at the time that Fellows was the suspect.

Fellows had dirt on his face and smelled of pepper spray, the officer wrote, adding that it gave him reason to believe Fellows was assisting the Norton Shores officer and that there had been a struggle with a suspect. When he asked Fellows if he (the Norton Shores officer) had the suspect, Fellows “put his head down and kept walking,” the report said.

Then began a standoff with Fellows refusing to come out of his house and officers surrounding the house, weapons drawn at one point.

A report by Sgt. Tim Lewkowski said Fellows was irate and he made the statement that “he had no other choice,” that officers were forcing him into the standoff situation. Lewkowski wrote that he believed Fellows was contemplating suicide.

The standoff lasted until sometime after 3 a.m., when the police chief, Detective Capt. John Workman and Lewkowski rushed Fellows, who had briefly come out on his small front porch. A police report said Fellows’ wife, who earlier had thrown a gun out a rear window, had locked the door behind her husband.

During the ensuing struggle, Fellows allegedly pushed Workman off the front porch and grabbed the police chief by the neck, according to a report written by Muskegon Officer Steve Martinez.

Reports by several other officers also indicated that Fellows allegedly grabbed for Muskegon Officer Ramiro Pena’s semi-automatic weapon, which was unlocked at the time — meaning that it was not locked in its holster and therefore could be pulled out.

Lewkowski reported that during the struggle Fellows knocked his radio out of its holder and that he believed the struggling officer was trying to grab his (Lewkowski’s) weapon.

Just as Lewkowski told other officers to watch their guns, he reported hearing Pena yell: “He’s got my gun.” Another Muskegon officer, Glen Berry, also wrote in his report that Fellows allegedly tried to get his weapon as well.

It took six or more officers to subdue and handcuff Fellows, reports said, and he was placed in the back of a police cruiser. Workman handed his own gun to another officer and rode to the police station in the back of the cruiser with Fellows.

Fellows, who was handcuffed with his hands behind his back, asked Workman to loosen the cuffs or cuff him with his hands in front of his body, a report said. Workman refused.

A short time later, Workman reported that he heard the sound of keys and noticed Fellows fidgeting. He wrote that he reached behind Fellows and found Fellows had a set of keys with a handcuff key on the ring and that he was attempting to get out of the handcuffs. He was secured and the trip to the police station resumed.

During the pursuit, a license plate check revealed the Cadillac belonged to Muskegon Officer Ron Smith, who it was determined had loaned the vehicle to his friend. Smith was out of town at the time.

A psychological evaluation was done prior to Fellows’ release on bond. Nolan set preliminary examination for Fellows in the Muskegon County case for May 20.
















Police officer plans guilty plea in chase
Muskegon Chronicle, The (MI)
July 8, 2002 
https://infoweb.newsbank.com/
Former Muskegon Police Sgt. Chad Fellows, who led police in Ottawa and Muskegon counties on a high-speed chase April 20, was expected to plead guilty this afternoon in Ottawa County to drunken driving and fleeing and eluding charges.

Fellows, 28, of 1761 Morton, was scheduled to be arraigned this afternoon before Chief 20th Circuit Judge Ed Post. According to Ottawa County Assistant Prosecutor Gregory Babbitt, Fellows was to enter guilty pleas to felony third-degree fleeing and eluding and misdemeanor first-offense operating a vehicle under the influence of liquor.

Post was expected to accept the plea and schedule sentencing for next month. The fleeing and eluding felony charge carries a maximum sentence of 5 years in prison and a $5,000 bond.

Fellows also faces charges in Muskegon County’s 14th Circuit Court of fleeing and eluding in a residential neighborhood, a felony, and a high-court misdemeanor charge of resisting and obstructing police.

Bond for Fellows was set at $20,000 in Muskegon County and $5,000 in Ottawa County. Fellows resigned from the Muskegon Police Department in early May.

A Michigan State Police Lab report showed Fellows’ blood alcohol content after his arrest was 0.12 percent. In Michigan, a person is considered intoxicated with a blood alcohol level of 0.10 percent or greater.

Although Fellows faces charges in two counties, the Ottawa County Prosecutor’s Office is handling all of the cases stemming from the incident.

The high-speed chase April 20 started on U.S. 31 in Ottawa County when a Spring Lake/Ferrysburg police officer reported that a Cadillac passed him northbound traveling “well over 100 mph.”

Fellows abandoned the borrowed Cadillac in Muskegon’s Lakeside on Morton Street near his home, according to police. After a foot chase, Fellows ran into his house at 1761 Morton and wouldn’t come out, police said.

Fellows eventually was arrested after scuffling with police who had coaxed him out of the house.

It took six or more officers to subdue Fellows after he was grabbed at the front door of his home when lengthy telephone negotiations did not result in his surrender, according to one police report.















Former cop pleads guilty to resisting police officer
Muskegon Chronicle, The (MI)
August 6, 2002 
https://infoweb.newsbank.com/
Former Muskegon Police Sgt. Chad Fellows pleaded guilty Monday in Muskegon County to resisting and obstructing a police officer, a high-court misdemeanor punishable by up to two years in prison.

The former command officer’s plea before 14th Circuit Judge William C. Marietti was the last stage, before sentencing, of his plea agreement with the Ottawa County Prosecutor’s Office, which is prosecuting all the cases involving Fellows. Pursuant to an agreement between Assistant Prosecutor Gregory Babbitt and Fellows’ lawyer, Larry C. Willey, Marietti agreed to dismiss the more serious felony charge of fleeing and eluding police.

Fellows responded “Yes, sir,” to several questions from the judge about his flight from his fellow Muskegon police officers and commanders, based on a police report.

Marietti set sentencing for 11 a.m. Sept. 12.

Last month, Fellows, 28, of 1761 Morton, pleaded guilty in Ottawa County’s 20th Circuit Court to first-offense drunken driving and fleeing and eluding in that county.

At that time, Babbitt said the duplicate charge of third-degree fleeing and eluding in Muskegon County would be dropped because the actual chase by a police officer began in Ottawa County.

Fellows’ sentencing for those convictions is set for 1 p.m. next Monday.

Prosecutors also said last month that Fellows would not be charged with trying to grab another officer’s gun at the end of an April 20 chase and standoff.

Babbitt said last month he had reviewed all police reports about the incident, including one that stated Fellows tried to grab an officer’s weapon when he was being subdued by several officers in his home.

Babbitt said it was not clear what Fellows may have grabbed during the struggle, and there was no conclusive evidence that he intended to snatch a gun out of a holster.

The high-speed chase started on U.S. 31 in Ottawa County when a Spring Lake/Ferrysburg police officer reported that a Cadillac passed him northbound at “well over 100 mph.”

Fellows abandoned the borrowed Cadillac in Muskegon’s Lakeside neighborhood on Morton Avenue near his home, police said.

After a foot chase, Fellows ran into his house and wouldn’t come out.

He eventually was arrested after scuffling with police who had coaxed him out of the house.

It took six or more officers to subdue Fellows after he was grabbed at the front door of his home when lengthy telephone negotiations did not lead to his surrender, according to one police report.

Fellows resigned from the Muskegon Police Department in early May.





Thursday, April 4, 2002

04042002 - Police Chief Douglas Wright - Charges dismissed - Benton Harbor PD

Also See:

Chief Douglas Wright - charged with domestic violence [Aug 02, 2001]




Wright charge dismissed
Posted: Friday, April 5, 2002 12:00 am
Updated: 5:23 pm, Tue Nov 15, 2011.
By JIM DALGLEISH / H-P City Editor
The Herald-Palladium
http://www.heraldpalladium.com/localnews/wright-charge-dismissed/article_77460afa-7c9f-5010-8680-7c0f978bb5e9.html

ST. JOSEPH -- With his chief witness refusing to testify, Berrien County Prosecutor James Cherry has dismissed the domestic violence charge against former Benton Harbor police Chief Douglas Wright.

Cherry said Thursday that Wright's wife, Lucy, refused to return to Michigan to testify in the trial that was to begin Thursday. Until then, Cherry said, Lucy Wright had made repeated assurances she would testify.

Wright was arrested after allegedly beating his wife Aug. 2, 2001, at the couple's Benton Harbor home. City Manager Joel Patterson suspended Wright shortly afterward and fired him in November.

Douglas Wright's lawyer, Tat Parish of Watervliet, said Thursday that Lucy Wright's refusal to testify suggests there wasn't much of a case to begin with.

"He was quite wrongly fired as a result of it," Parish said. "He suffered greatly."

Parish said his client, who remains in Benton Harbor, is applying for other jobs.

"(The charge) has been a big burden on him," Parish said. "It's awfully hard to get a job in police work with a criminal charge hanging over your head."

Parish declined to comment on whether Wright would sue the city over his firing.

The city hired Wright as chief in June 2000. He had worked as deputy chief of public safety at the State University of New York at Buffalo. Before that he was the Gary, Ind., police chief.

Thursday's dismissal of the domestic violence charge ends a prosecution stalled by procedural problems. Cherry initially disqualified himself from the case, citing his professional relationship with Wright and the police department. Cherry asked that a special prosecutor be appointed, and Berrien Chief Trial Court Judge Paul Maloney then asked the Allegan County prosecutor's office to act in Cherry's place.

That office charged Wright with domestic violence and felony obstruction of police. The latter charge stemmed from the prosecution's allegation that Wright tried to keep police from responding to the call at the couple's home.

But Berrien Trial Court Judge John Hammond dismissed the charges, saying Cherry didn't have enough legal reason to bring in an outside prosecutor.

Cherry argued otherwise. But the point may have become moot because Wright had been fired by the time Hammond ruled.

So Cherry filed the domestic violence charge against Wright but dropped the obstruction charge, saying it would be too tough to prove in court.

Cherry on Thursday would not divulge Lucy Wright's whereabouts, saying only that she is not living in a state bordering Michigan. He said his office offered her transportation and lodging.

"However, in spite of repeated efforts to encourage her appearance, Mrs. Wright has chosen to forego the opportunity to testify," Cherry wrote in a press release.

Had he been tried and convicted of domestic violence, Wright could have served up to 93 days in jail.




Monday, April 1, 2002

04012002 - MCL 769.4A: Michigan's Loophole To The Lautenberg Amendment - Federal DV Gun Ban - 18 U.S.C. § 921

Also See:
















"Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime."


18 U.S.C. § 921: Lautenberg Amendment; Federal Domestic Violence Gun Ban






THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927

769.4a Assault on spouse, former spouse, individual with child in common, dating relationship, or household resident; plea or finding of guilty; deferral of proceedings and order of probation; previous convictions; adjudication of guilt upon violation of probation; mandatory counseling program; costs; circumstances for entering adjudication of guilt; discharge and dismissal; limitation; nonpublic record; definitions.

Sec. 4a.
(1) When an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of, a violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, and the victim of the assault is the offender's spouse or former spouse, an individual who has had a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing or having resided in the same household as the offender, the court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation as provided in this section. However, before deferring proceedings under this subsection, the court shall contact the department of state police and determine whether, according to the records of the department of state police, the accused has previously been convicted of an assaultive crime or has previously availed himself or herself of this section. If the search of the records reveals an arrest for an assaultive crime but no disposition, the court shall contact the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest for purposes of this section.

(2) Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided in this chapter.

(3) An order of probation entered under subsection (1) may include any condition of probation authorized under section 3 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3, including, but not limited to, requiring the accused to participate in a mandatory counseling program. The court may order the accused to pay the reasonable costs of the mandatory counseling program. The court also may order the accused to participate in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. The court may order the defendant to be imprisoned for not more than 12 months at the time or intervals, which may be consecutive or nonconsecutive and within the period of probation, as the court determines. However, the period of imprisonment shall not exceed the maximum period of imprisonment authorized for the offense if the maximum period is less than 12 months. The court may permit day parole as authorized under 1962 PA 60, MCL 801.251 to 801.258. The court may permit a work or school release from jail.

(4) The court shall enter an adjudication of guilt and proceed as otherwise provided in this chapter if any of the following circumstances exist:
(a) The accused commits an assaultive crime during the period of probation.
(b) The accused violates an order of the court that he or she receive counseling regarding his or her violent behavior.
(c) The accused violates an order of the court that he or she have no contact with a named individual.

(5) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

(6) There may be only 1 discharge and dismissal under this section with respect to any individual. The department of state police shall retain a nonpublic record of an arrest and discharge and dismissal under this section. This record shall be furnished to a court or police agency upon request pursuant to subsection (1) or to an office of prosecuting attorney for the purpose of showing that a defendant in a criminal action under section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a local ordinance substantially corresponding to section 81 of that act has already once availed himself or herself of this section or for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076

(5) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

(7) As used in this section:
(a) "Assaultive crime" means 1 or more of the following:
(i) That term as defined in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90g.

(iii) A violation of a law of another state or of a local ordinance of a political subdivision of this state or of another state substantially corresponding to a violation described in subparagraph (i) or (ii).

(b) "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

History: Add. 1978, Act 353, Imd. Eff. July 14, 1978 ;-- Am. 1980, Act 471, Eff. Mar. 31, 1981 ;-- Am. 1994, Act 68, Eff. July 1, 1994 ;-- Am. 2001, Act 208, Eff. Apr. 1, 2002 ;-- Am. 2004, Act 220, Eff. Jan. 1, 2005 ;-- Am. 2006, Act 663, Imd. Eff. Jan. 10, 2007

© 2009 Legislative Council, State of Michigan

18 U.S.C. § 921, Lautenberg Amendment, Domestic Violence Gun Ban, MCL 769.4a, Michigan's loophole to the Lautenberg Amendment, MCL 750.81, MCL 750.81a, Michigan misdemeanor and felony domestic assault crimes dismissed under MCL 769.4a.

Thursday, February 28, 2002

02282002 - Officer David Mitchell - Domestic Abuse And Obstructing Police Officer - Suspended - Detroit PD



DETROIT COP GETS SUSPENSION
March 1, 2002 •• 445 words •• ID: 0203010503. Detroit Free Press

A Detroit police officer was suspended without pay Thursday for allegedly assaulting a woman and a Southfield police officer who was dispatched to help her during a recent domestic incident. Detroit Officer David Mitchell, 39, of the 9th (Gratiot) Precinct is accused of domestic violence and resisting and obstructing a police officer, both misdemeanors, in connection with an incident Saturday at a North Park Drive apartment in Southfield. The charges were read Thursday at a Detroit Police.











BOARD OF POLICE COMMISSIONERS
Minutes of the Regular Board of Police Commissioners Meeting
Thursday, February 28, 2002
The regular meeting of the Detroit Board of Police Commissioners was held on Thursday, February 21, 2002, at 3:00 p.m., at Police Headquarters, 1300 Beaubien – Rm. 328-A, Detroit, MI 48226.

SECRETARY REPORT– EX. DIR. MCDONALD

Suspension

On February 28, 2002, Police Officer David Mitchell, badge 2278, assigned to the Ninth Precinct was suspended without pay by Chief of Police Jerry A. Oliver, Sr.

On February 23, 2002, Sergeant Melvin Williams, badge S-63, of the Internal Affairs Unit Alert Team, was notified by Sergeant Arthur Williams, badge S-1293, of the Notification and Control Unit, that off-duty Police Officer David Mitchell, badge 2278, assigned to the Ninth Precinct, was arrested by the Southfield Police Department for "Assault and Battery/Domestic Violence" and "Resisting and Obstructing a Police Officers in the Performance of Their Duties." Sergeant Williams was informed that Officer Mitchell was incarcerated at the Oakland County Jail.

On February 23, 2002, Police Officer Walter Menzel, and Police Officer Autumm Kennedy, both of the Southfield Police Department responded to a hang up 911 call for assistance. Ms. Pamela Reid, B/F/38, of 16300 North Park Drive Apt #613, informed the Southfield officers that she and Officer Mitchell had an argument and Officer Mitchell threatened to kill her if she reported the incident to the police. Ms. Reid also reported that Officer Mitchell struck her and threw her onto a computer table breaking the table. She further stated that Officer Mitchell grabbed her hair pulling parts of her hair out. When she attempted to call 911 for help Officer Mitchell yanked the phone from the wall. Officer Menzel and Officer Kennedy both observed Ms. Reid’s hair on the bedroom floor and the broken computer table. Officer Menzel and Officer Kennedy observed a weapon on the couch of the house.

They attempted to secure the weapon while they were conducting their investigation. Officer Mitchell blocked the officers attempt to secure his .9mm semi-automatic weapon. Officer Mitchell ran toward the gun and sat on it. Officer Mitchell was ordered to step away from the gun and he replied, "Nobody is going to take my gun, call a supervisor. I’m not giving you my gun." Officer Mitchell at one point flexed his right arm while sitting on the gun and the Southfield officers stepped toward him to secure the gun. Once Officer Menzel secured the gun, Officer Mitchell with a closed fist struck Officer Menzel in the face several times.

The Southfield officers attempted to subdue Officer Mitchell who then grabbed the face of Officer Menzel and with his forefinger attempted to stick his thumb into his eye. Officer Mitchell was sprayed with pepper spray. Officer Mitchell continued his attempt to injure Officer Menzel and he was sprayed again a second time until it took effect. Officer Menzel suffered abrasions to his left cheek and throat and obvious swelling and soreness to the left jaw and he was bleeding. Officer Mitchell was arrested and conveyed to the Oakland County Jail for incarceration. Ms. Reid and Officer Menzel were treated for their injuries at Providence Hospital. Photographs were also taken.

On February 25, 2002, Officer Mitchell was arraigned before Magistrate Eugene Friedman, of the46th District Court. Officer Mitchell stood mute and a plea of "Not Guilty," was entered in his behalf a $5000.00 (10%) bond was posted. Officer Mitchell’s Pre-examination date is scheduled for February 28, 2002, and his Examination date is scheduled for March 4, 2002.

It should be noted that Commander Frazier Shaw, of the Ninth Precinct stated that due to the seriousness of the charges against Officer Mitchell that upon his return to work he will be suspended. Officer Menzel and Officer Kennedy of the Southfield Police department confiscated and placed on evidence two privately owned weapons belonging to Officer Mitchell. Officer Mitchell department approved weapon was not confiscated by the Southfield Police Department.
On February 25, 2002, at approximately 5:30 p.m. Officer Mitchell appeared at the Ninth Precinct and was suspended by his command.

Based upon the above facts, it is recommended that Officer Mitchell be charged with, but not limited to, the following violation of the Detroit Police Rules and Regulations:
CHARGE: CONDUCT UNBECOMING AN OFFICER

Unless contravened by this Commission, the suspension without pay will stand.
There were no contraventions to the above suspension.
CITIZEN COMPLAINTS RECEIVED
2002
2001

During the past week: 24
During the past week: 19

Year to Date: 159
Year to Date: 133

Chairperson Head asked what happened to the officer’s own revolver or his 9mm? Was it confiscated later?
Chief Oliver stated he did not know.