04172004 - Officer Timothy Hibbard - Gerald Landrum charged w/attempted murder of Hibbard - Jackson PD

Also See:

Officer Timothy Hibbard - Jackson PD - A family in crisis...
http://michiganoidv.blogspot.com/2014/01/officer-timothy-hibbard-jackson-pd.html

Officer Timothy Hibbard - Self-defense shooting of murderer Marshan Worthey [ August 08, 2008]
http://michiganoidv.blogspot.com/2008/08/officer-timothy-hibbard-self-defense.html

Officer Timothy Hibbard - Samuel M. Thomas convicted for dragging Officer Hibbard w/vehicle [August 15, 2002]
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html

During his arrest in April 2004, Gerald Landrum tried to choke Officer Hibbard and grab his handgun.

Gerald Landrum was originally charged with attempted murder of Officer Timothy Hibbard.

Landrum was convicted in July 2004 of assault with intent to do great bodily harm against Officer Hibbard, and resisting and obstructing police causing injury. He is currently serving a 10 - 15 year prison sentence.

Landrum spent the first four years of his imprisonment filing numerous appeals, in an attempt to have his conviction for his attempt on the life of Officer Hibbard overturned. 

June 23, 2008

Gerald Landrum's Michigan Supreme Court appeal of his conviction under MCR 6.508[D] was denied.

November 16, 2007

Gerald Landrum's State appeal of his conviction under MCR 6.508[D] was denied.

April 28, 2006

Gerald Landrum's Michigan Supreme Court appeal of his conviction was denied.

December 22, 2005

Gerald Landrum's appeal of his conviction was denied.

Man gets 10 to 15 years after struggle with police

Jackson Citizen Patriot (MI)

Friday, August 6, 2004

A Jackson man who struggled with three city police officers during his arrest will spend 10 to 15 years in prison. 

"This is an assaultive individual who wants to put the blame on everyone else," Assistant Prosecutor Allison Bates said of Gerald Landrum. 

A jury last month acquitted Landrum of the most serious offense of attempting to murder an officer, but convicted him of four counts: assault with intent to do great bodily harm against Officer Timothy Hibbard ; resisting and obstructing police causing injury, and two counts of resisting and obstructing officers Ryan LePeak and Brent Craft. [Officer Brent Craft - DV arrest - Jackson PD -April 24, 2006 http://michiganoidv.blogspot.com/2006/05/officer-brent-craft-jackson-police.html ]

Landrum, 31, was on parole for assault with intent to do great bodily harm when Hibbard attempted to arrest him in the 900 block of Williams Street on April 17. Police said Landrum was drunk and out past his 11 p.m. curfew. 

Hibbard said Landrum tried to choke him and grab his handgun in the struggle. All three police and Landrum scuffled on the ground before Landrum was subdued with pepper spray and some punches to the head. Landrum blamed the fight on Hibbard, who was not in court Thursday. 

" Timothy Hibbard tried to stretch the truth," Landrum said. "The entire sum of his injuries was a sore throat and bruised shoulder. It was not me causing injuries." 

"Grotesque," Bates said of Landrum's explanation. "He is the one who chose to fight." 

Landrum's criminal background includes second-degree criminal sexual conduct, possession of cocaine, open intoxicants, marijuana possession, loitering, attempted resisting and obstructing and assault. 

August 05, 2004

Gerald Landrum sentenced for assault on Officer Timothy Hibbard.

Man beats rap, faces time

Jackson Citizen Patriot (MI) 

Thursday, July 8, 2004 

Gerald Landrum is found guilty of lesser charges in melee with police officers. 

A man accused of attempting to kill a Jackson police officer and take his gun was acquitted Wednesday of those charges, but still faces up to 20 years in prison. 

A jury found Gerald Landrum guilty of a lesser count of assault with intent to cause great bodily harm less than murder to Officer Timothy Hibbard in his April 17 arrest. 

It also found him guilty of three counts of resisting and obstructing police and not guilty of attempting to disarm Hibbard and Officer Ryan LePeak. 

Hibbard, who testified that Landrum choked him during the melee, said he would have preferred a guilty verdict for attempted murder because he believes that was Landrum's intent. 

He noted the restraint he and Officers LePeak and Brent Craft used in subduing the drunken subject without guns or clubs. 

"He pushed it to a lethal point, where we would have been justified to use our weapons," said Hibbard, who has twice been assaulted by parolees in Jackson. 

Circuit Judge Edward Grant will sentence Landrum as a habitual offender Aug. 5. Landrum, 31, was on parole for assault with intent to cause great bodily harm when he broke parole conditions April 17. 

LePeak and Hibbard, on bicycle patrol at 1 a.m., approached Landrum in the 900 block of Williams Street after he got out of a van parked in the street. They learned he was on parole and had broken two conditions of drinking and staying out past 11 p.m. 

The officers said Landrum was jumpy and immediately resisted arrest. 

Hibbard testified Landrum choked him as the four struggled to the ground, and that he pulled two snaps on his holster in an attempt to pull his handgun. LePeak, too, said Landrum tried to get his gun from his holster. 

"I never choked Officer Hibbard," Landrum testified in his defense. "I never intended to hurt anyone. They just whooped my ass for no reason." 

He said he had just 50 days left on parole and would not have jeopardized it by fighting with police. 

Landrum said the officers punched him repeatedly in the head and emptied two canisters of mace in his face, causing temporary blindness. He said Hibbard's neck landed on his right arm and cut off the circulation, while LePeak and Craft worked at his left arm. 

"Why didn't you relax and go limp?" Assistant Prosecutor Allison Bates asked. 

"I never had time to relax," he said. "There were three of them and one of me." 

Several witnesses at the scene were subpoenaed to testify for Landrum, but they failed to show Wednesday, defense attorney Jerry Engle said. 

Officers detail 'lethal' situation

Jackson Citizen Patriot (MI)

Wednesday, July 7, 2004

Jurors expecting a "Cops" TV version of the April 17 arrest of Gerald Landrum saw instead a shadowy, distant image of a struggle on the pavement of Williams Street. 

Assistant Prosecutor Allison Bates on Tuesday showed the video recorded from a police patrol car, but will rely on testimony from three Jackson police officers - one of whom Landrum allegedly attempted to kill. 

"He got his right arm around my throat, his left arm going around my body," Officer Timothy Hibbard testified. "I could feel the jerking on my holster and gun." 

Hibbard and Officer Ryan LePeak were on bicycle patrol about 1 a.m. and approached a van parked in the 900 block of Williams in the middle of the street. 

Landrum, a passenger, had gotten out of the van and was attempting to get back in when police stopped him. He produced his ID and submitted to a preliminary breath test after officers suspected he had been drinking, a violation of his parole. 

LePeak said Landrum had a blood-alcohol level of 0.12 percent. 

A background check indicated the 31-year-old Jackson man had two Friend of the Court warrants for nonpayment of child support. 

He also had violated parole, staying out past 11 p.m. and drinking - normally a sure trip to jail. 

Officers said Landrum was agitated and would not stand still as they tried to form a triangle around him, with the assistance of Officer Brent Craft, who arrived in a car. 

"I said let's lock him down," LePeak testified. "I reached for his left hand and the fight was on." 

The audio/video system in Craft's car recorded the scene, but not in great detail because of darkness and distance, and the confusion of four men locked in struggle. 

LePeak and Hibbard said Landrum grabbed for their handguns, which were in "triple retention" holsters with button snaps over the top and behind the gun. A snapping motion required to remove the weapon is the third safeguard. 

Hibbard said Landrum had removed both snaps and applied a choke hold around his neck as the four tumbled to the ground. 

"Mace him!" an officer identified as Hibbard shouts in the police video. 

LePeak and Craft sprayed Landrum in the face with a combination of pepper spray and mace. He was unaffected, the officers said. 

Hibbard said Landrum loosened his grip on his right hand briefly, moved his left hand farther up the wrist and pulled even tighter.

"It was a lethal force situation," LePeak testified. 

Hibbard was face-down and unable to breathe or speak, he said.

Landrum and the other two officers were on top, grabbing for Landrum's arms and punching the back of his head. 

Unable to use a gun or club because of the danger to other officers, police struck Landrum with the palms of their hands, and then with fists. In less than 30 seconds, Craft and LePeak freed Hibbard, who then helped subdue Landrum before pulling to the side to swallow fresh air. 

Police said Landrum taunted them and called them names throughout the fight. 

"He said, 'You'd better lift some weights, bitch,'" Craft testified. 

"I remember him calling me a white bitch," Hibbard testified. 

Landrum is black, and the officers are white. 

Besides assault with intent to murder, Landrum is charged with two counts of attempting to disarm police; one count of resisting and obstructing police causing injury, and two counts of resisting and opposing. 

Hibbard rode his bike back to the station within minutes of the arrest and was treated for minor injuries later that morning at Foote Hospital. Just two years ago, Hibbard suffered head and neck injuries when a parole violator dragged him 200 feet after a routine traffic stop. 

Landrum's trial is expected to conclude today. He is defended by attorney Jerry Engle, who will argue Landrum was in no position to choke Hibbard, nor did he intend to, and that the entire "wrestling match" lasted longer.

April 17, 2004

Gerald Landrum was charged with attempted murder of Officer Timothy Hibbard. During his arrest, Landrum choked Officer Hibbard and attempted to wrestle the officer's gun out of its holster.

At the time of his arrest, Landrum had two Friend of the Court warrants for nonpayment of child support. 

Landrum was also on parole for assault with intent to cause great bodily harm. He was in violation of parole on April 17th for staying out past 11 p.m. and drinking. 

04012004 - Officer Phillip Bal - Home invasion and CSC - Iron Mountain PD

Also See:

1995 - Officer Phillip Bal - CSC allegation - Iron Mountain PD

04012004 - Officer Phillip Bal - Home invasion and CSC - Iron Mountain PD

04012005 - Officer Phillip Bal - CSC - Iron Mountain PD

04212006 - Officer Phillip Bal - CSC - Iron Mountain PD

04222006 - Officer Phillip Bal - Suspended - Iron Mountain PD

07112006 - Officer Phillip Bal - Terminated - Iron Mountain PD

07182007 - Former Officer Phillip Bal - Sentenced [April 01, 2004 CSC/Home Invasion Charges] - Iron Mountain PD

08152007 - Former Officer Phillip Bal - Appeal Filed - COA 280009 - Iron Mountain PD

09172007 - Former Officer Phillip Bal - Appeal Filed - COA 280601 - Iron Mountain PD

10182007 - Former Officer Phillip Bal - COA Appeal 280009 - Dismissed - Iron Mountain PD

11082007 - Former Officer Phillip Bal - LE license revoked - Iron Mountain PD

08282008 - Former Officer Phillip Bal - Charges dismissed [Aurora WI. April 2005 charges] - Iron Mountain PD

09232008 - Former Officer Phillip Bal - Appeal COA 280601 - OPINION - Conviction Affirmed - Iron Mountain PD

05242020 - Former Officer Phillip Bal - Released From Prison - Iron Mountain PD

05242020 - Former Officer Phillip Bal - Registered Sex Offender - Iron Mountain PD

OFFENDER: PHILLIP BAL [FORMER IRON MOUNTAIN DEPUTY]

SEXUAL ASSAULT AND HOME INVASION
http://michiganoidv.blogspot.com/2004/04/officer-phillip-bal-iron-mountain.html

DENIAL OF APPEAL:
http://michiganoidv.blogspot.com/2008/09/former-officer-phillip-gregory-ball.html
http://michiganoidv.blogspot.com/2009/11/oidv-offender-appeal-deputy-phillip-bal.html


ORIGINAL CHARGES: 4TH DEGREE CRIMINAL SEXUAL CONDUCT; TWO COUNTS OF ASSAULT AND BATTERY; DISORDERLY CONDUCT; CRIMINAL SEXUAL CONDUCT [1ST DEGREE]; HOME INVASION [1ST DEGREE]

MDOC NUMBER: 650732
CURRENT STATUS: PRISONER
LOCATION: BELLAMY CREEK CORRECTIONAL FACILITY
SECURITY LEVEL: IV
EARLIEST RELEASE DATE: 05/23/2018
MAXIMUM DISCHARGE DATE: 05/23/2027

SENTENCE 1:
OFFENSE: HOME INVASION- 1ST DEGREE
MCL #: 750.110A2
COURT FILE # : 06003660-FC-C
COUNTY: DICKINSON
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 11 YEARS 0 MONTHS
MAXIMUM SENTENCE: 20 YEARS 0 MONTHS
DATE OF OFFENSE: 04/01/2004
DATE OF SENTENCE: 07/08/2007

SENTENCE 2:
OFFENSE: CRIMINAL SEXUAL CONDUCT, 1ST DEGREEMCL #: 750.520B
COURT FILE # : 06003660-FC-C
COUNTY: DICKINSON
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 11 YEARS 0 MONTHS
MAXIMUM SENTENCE: 20 YEARS 0 MONTHS
DATE OF OFFENSE: 04/01/2004
DATE OF SENTENCE: 07/18/2007






Dickinson County Police Message Board - Fire Phil Bal
Author Comment The Truth
5/06/06 at 01:08 PM
http://www.websitetoolbox.com/tool/post/jeeves/vpost?id=1104566
Recently a complaint of physical abuse was filed against Phil Bal, An IMPD officer. I have no idea whether it is true or not. I was not there nor have I talked to any witnesses. But if true signifies that someone has an alcohol problem coupled with an unstable temper. Just what we need walking around town armed.

What I do know is this; Officer Bal needs to be fired. He has a childish lack of brain control and also is a plain outright liar. He has in the past stated that "they tag-teamed me and gave me a blow job". They "they" he was referring to were two DCSD dispatchers. He told that lie to every badge that would listen to him. When it got back to one of the dispatchers he was of course directly confronted about the maliciously false statements he had made. He stammered and stuttered and apologized and said it was all a joke. That was no joke, it is was a blatant outright lie by an immature individual who should be digging ditches for a living and not dealing with the public.

Question:
What would this officer say about someone who had no defenses in the course of an investigation. Would he lie about something?

How about in court? Could this persons testimony be considered valid.

It is extremely plausible that past cases where he testified may contain false testimony and need to be carefully looked at.

Why did these two dispatchers do nothing. Plain and simple, they are afraid for their jobs. Afraid to make waves, for they work in a very vulgar and degrading atmosphere at times.

This is a person that the community DOES NOT need to be protected by but rather it seems the community needs protection FROM this unstable individual.










Former officer bound to Circuit Court 

Iron Mountain Daily News

Article from 10-7 Forum
http://www.10-7.com/forum/viewtopic.phpt=24687&highlight=&sid=b9413b2a894295af48d7a2a7cfe53554
IRON MOUNTAIN — A former Iron Mountain police officer was bound over to Circuit Court to face criminal sexual conduct charges following a preliminary hearing Monday.

After hearing from both the prosecution and the defense, District Court Judge Michael Kusz ruled he was satisfied their was sufficient evidence to send the charge of criminal sexual assault — fourth degree against former Iron Mountain police officer Phillip Bal to Circuit Court. Preliminary examinations do not determine guilt.

A preliminary examination in District Court is an evidentiary hearing for felonies where the prosecutor must present evidence amounting to at least probable cause that a crime occurred and that the defendant may have been involved.

If the prosecutor meets his burden of proof, the case is bound over to Circuit Court for arraignment.

Special Prosecutor Joe Sartorelli of Crystal Falls told The Daily News the criminal sexual conduct-fourth degree charge against Bal is a felony punishable by up to two years in prison and/or a $500 fine.

Bal is also facing two misdemeanor charges including assault and battery and being a disorderly person — intoxicated in public.

Only one person was called to the witness stand, the alleged victim, a Florence County woman.

She told the court that on Friday, April 21, around 11 p.m., she saw Phillip Bal at Off the Wally’s Bar on Fifth Street on Iron Mountain’s northside.

The plaintiff said she knew Bal from when she was having domestic violence problems with her ex-husband.

Seeing Bal at the bar, she went up to him and thanked him for all his help during her domestic violence ordeal, and asked if she could buy him a beer.

Bal said he already had a beer, but she could buy him one later.

Later that night, Bal sat next to her and put an empty beer bottle on the bar. She then bought Bal a beer.

“We started to chat,” she said, “and within a few minutes he started telling me how difficult his marriage was, and how tough things were going for him at home. He then leaned over and kissed me. I slapped his hand and said, ‘You’re married.’” She then left the bar to go play some video games. arraignment.

“I was just about to put money into one of the games, when I heard somebody call my name,” she testified.

“I turned around and Bal was in my face. Bal asked me if I wanted to go home and have some fun with him. I said, ‘No.’ I told him, ‘You have a wife and kids at home. You’re a police officer. Don’t do this.’”

Bal asked her where she lived, and she said she was staying with a girlfriend who was with her at the bar.

Bal asked her girlfriend where she lived, but she wouldn’t tell him.

She then went back and sat at the bar. She was talking with one of her friends when she heard someone call her name. She said that when she turned around, Bal grabbed her face and kissed her.

“I said, ‘You can’t do this,’ but he did it again,” she said.

When asked by Prosecutor Sartorelli what she did next, she said she tried to ignore Bal and he went to the end of the bar. Some 15 minutes later, she told her friend she was going to use the restroom. Her friend asked if she wanted her to with her, but she said, “No.”

She testified that she was about to go into the women’s room, when someone grabbed her from behind and pulled her into a storage area. The door slammed and when she turned around it was Bal, she said.

She said Bal grabbed her by the neck with his left hand and threw her against the wall.

“He kept trying to kiss me,” she said. “He pinned my left arm up against the wall and started rubbing the left side of my body including my left breast. He also thrust his pelvis against me repeatedly simulating sex.”

A friend walked in and asked what was going on, the alleged victim testified. Bal told her the two were just talking and slammed the door in her face, she told the court.

She said she felt very helpless and frightened.

“He kept telling me how pretty I was and kept trying to kiss me,” she said. “I finally bit his lip hoping to get him to stop. I told him he was drunk and that I was sober and that I wasn’t going to forget this.”

Sartorelli asked if biting Bal’s lip made him stop.

“For a short time,” she responded.

“Around that same time,” the plaintiff said, “an employee of Off the Wally’s came into the room and that made him stop,” the plaintiff said.

The plaintiff told the court she doesn’t remember how she got out of the room. Bal left the bar shortly thereafter.

On Saturday, April 22, around 3 p.m., the plaintiff received a phone call from Iron Mountain Police Chief Pete Flaminio. Flaminio asked the plaintiff to tell him what had happened at Off the Wally’s. The plaintiff told the chief what had happened.

During cross-examination, the plaintiff relayed many of the same details to defense attorney Frank Stupak of Escanaba.

The plaintiff told Stupak that she and two friends had arrived at Off the Wally’s bar around 9:45 p.m. that evening. She said she had been going there with friends once a week for approximately three months. The plaintiff told Stupak the alleged incident with Bal happened between 11:30 p.m. and midnight.

When asked how many drinks she had consumed prior to the alleged incident with Phillip Bal, the plaintiff said she had consumed two drinks.

Stupak asked the plaintiff what kind of crowd was in the bar that night and how many of them she knew.

“I would say there were approximately 35 people there,” the plaintiff said. “I knew about 15 of them, including the owner and the bartender.”

Stupak asked the plaintiff why she didn’t scream for help?

“The jukebox was so loud,” the plaintiff said, “nobody would have heard me.”

Stupak then asked the plaintiff if she recalled what she was wearing and what Bal was wearing?

“I was wearing jeans and a tank top with a short sleeve wrap. Bal was wearing jeans with a blue polo shirt and a white t-shirt underneath,” the plaintiff replied.

Stupak asked the plaintiff if police ever examined her clothing?

“No they didn’t,” said the plaintiff.

Bal’s Circuit Court arraignment is set for Monday, Aug. 7 at 9 a.m.










Officer pleads not guilty
Charged after alleged assaults at IM tavern
Iron Mountain Daily News
July 01, 2006
http://www.ironmountaindailynews.com/stories/articles.asp?articleID=2381
CAPTION: Iron Mountain Police Officer Phillip Bal, left, his attorney, Frank Stupak of Escanaba, center, and Special Prosecutor Joe Sartorelli of Crystal Falls are shown in Dickinson County District Court on Friday morning. Bal entered not guilty pleas to one count of criminal sexual conduct-fourth degree, two counts of assault and battery and one count of disorderly person/drunk. A preliminary examination has been set for Monday, July 17, in district court.

IRON MOUNTAIN — An Iron Mountain police officer entered not guilty pleas Friday to one count of criminal sexual conduct-fourth degree, two counts of assault and battery and one count of disorderly person/drunk.

Officer Phillip Bal, 32, of Iron Mountain sat quietly in Dickinson County District Court as his attorney, Frank Stupak of Escanaba, chose to stand mute on the charges before Judge Michael J. Kusz. Pleas of not guilty were automatically entered on each count.

Special Prosecutor Joe Sartorelli of Crystal Falls told The Daily News the criminal sexual conduct-fourth degree charge is a felony punishable by up to two years in prison and/or a $500 fine.

The two assault and battery charges are misdemeanors punishable by up to 93 days in jail. The disorderly person/drunk charge is a misdemeanor punishable by up to 90 days in jail. Bond for Bal was set at 10 percent of $3,000. While out on bond, Bal is not to possess or consume alcohol, not to enter or remain in any establishment where alcohol is sold for use therein, not to engage in any harassing, intimidating, assaultive or threatening behavior and is not to have contact with any of the witnesses.

A preliminary examination on the felony has been set for Monday, July 17, in district court. A pre-trial hearing on the misdemeanor charges will also be held on that date.

The charges stem from a series of events that occurred at Off the Wally’s Bar in Iron Mountain on April 21, 2006. The alleged CSC-fourth degree incident involved a 23-year-old Florence, Wis. woman. The two alleged assault and battery incidents involved a 27-year-old Iron Mountain female and an Iron Mountain man.

“Michigan Attorney General (Mike Cox) took quite a while in deciding who should be appointed as special prosecutor in this case,” said Sartorelli. “It was quite recently that I was chosen as the special prosecutor.”

Sartorelli’s normal responsibilities are as Iron County Prosecuting Attorney.

“I want to get this case to trial as quickly as possible. I also want to reassure the public that this case will be treated as any other case would be treated involving serious crimes such as these,” Sartorelli said. “A police officer is put in a position of public trust and is not above the law. In the end I want the public to feel that justice was done.”

As of Friday morning, Iron Mountain City Manager John Marquart said that Officer Bal was still suspended without pay.










News in brief from Upper Michigan
7/2/2006, 10:28 p.m. ET
The Saginaw News, MI / The Associated Press
http://www.mlive.com/newsflash/regional/index.ssf?/base/news35/1151894381117650.xml&storylist=newsmichigan
IRON MOUNTAIN, Mich. (AP) — An Iron Mountain police officer was arraigned on two counts of assault and battery and one count each of fourth-degree criminal sexual conduct and being drunk and disorderly.

Officer Phillip Bal, 32, stood mute to the charges Friday in Dickinson County District Court. Judge Michael J. Kusz entered not guilty pleas on Bal's behalf.

The charges stem from a series of events that occurred April 21 at Off the Wally's Bar in Iron Mountain. The criminal sexual conduct incident involved a 23-year-old Florence, Wis., woman. The alleged assaults involved a 27-year-old Iron Mountain woman and an Iron Mountain man.

Bal was released on bond. A preliminary hearing on the criminal sexual conduct charge, a felony punishable by up to 2 years in prison, was scheduled for July 17.

Bal has been suspended without pay, The Daily News of Iron Mountain reported.










Iron Mtn officer arraigned on sex misconduct, assault charges
WOOD-TV, MI
Jul 3, 2006
http://www.woodtv.com/Global/story.asp?S=5108150&nav=menu44_2
IRON MOUNTAIN, Mich. An Iron Mountain police officer will appear in court again later this month after being arraigned last week on assault and sexual misconduct charges.

Officer Phillip Bal didn't say a word as a Dickinson County judge entered a not guilty plea on his behalf. If convicted, the 32-year-old officer could face two years in prison.

The charges stem from events on April 21st at a bar in Iron Mountain. The criminal sexual conduct charge involves a 23-year-old Wisconsin woman. The alleged assaults involved an Iron Mountain man and woman. Bal was off duty at the time.

He has been suspended without pay. His next court appearance comes July 17th.










Iron Mountain Officer Fired

Iron Mountain,
July 11
http://www.wluctv6.com/Global/story.asp?S=5137526&nav=menu134_5_9
Iron Mountain city officials have fired police officer Phillip Bal over allegations arising from an off-duty bar fight. He was dismissed Tuesday following an internal investigation that lasted nearly three months.

Bal was arraigned last week on charges of criminal sexual conduct, assault, and drunken and disorderly conduct

City Manager John Marquart said the city had no other option except to terminate Bal.

"We did an investigation and this is what the results showed," he said. "We feel that for the best interest of the city, this is the correct step to follow."

Bal and his attorney Frank Stupak disagree. "Officer Bal is surprised that the presumption of 'innocence until proven guilty beyond a reasonable doubt' apparently carries no weight with the police administration," Stupak told TV6.

Bal makes another court appearance on Monday for a pre-trial hearing.











Briefs from the Upper Peninsula
Associated Press/ Duluth News Tribune, MN
Jul. 12, 2006
http://www.duluthsuperior.com/mld/duluthsuperior/15023867.htm
IRON MOUNTAIN, Mich. (AP) - A city police officer charged with criminal sexual conduct and other charges has been fired.

City Manager John Marquart announced Tuesday that Phillip Bal had lost his job.

Bal, 32, of Iron Mountain, is charged with fourth-degree criminal sexual conduct, two counts of assault and battery and one county of being drunk and disorderly. He has been with the local police department for six years.

"Officer Phillip Bal vehemently denies the accusations against him," said his attorney, Frank Stupak. "Bal is surprised the city of Iron Mountain would terminate him in advance of proof of the accusations which come from a barroom while Bal was off duty."

A preliminary examination and a pretrial hearing are scheduled for Monday on the charges.

They involve an incident alleged to have taken place at Wally's Bar on April 21.











Bal to serve 11 to 20
Former IM police officer sentenced in sexual assault case

The Daily News
By PETE FRECCHIO
July 18, 2007
http://www.ironmountaindailynews.com/stories/articles.asp?articleID=6969
IRON MOUNTAIN - Phillip Bal, 34, of Iron Mountain was sentenced this morning by Circuit Court Judge Richard J. Celello to a prison term of 11 to 20 years.

Bal, a former Iron Mountain Police Department officer, was found guilty May 24 by a Dickinson County jury of seven men and five women of criminal sexual conduct-first degree and home invasion-first degree. Bal was charged in connection with an assault on an Iron Mountain woman at her home in April 2004.

At his first sentencing hearing on June 27, Bal informed the court he wished to dismiss attorney Frank Stupak of Escanaba and retain the services of appellate attorney Sanford Schulman of Detroit. The change in legal counsel delayed Bal’s sentencing three weeks.

Bal will remain in the custody of the Dickinson County Correctional center until he is turned over to the Michigan Department of Corrections.

Still pending is a criminal sexual conduct charge against Bal involving an Iron Mountain woman in May 2005 at the C&R Bar in Aurora, Wis.












Bal blames media, says victim is lying
The Daily News
By PETE FRECCHIO, Staff Writer
Thursday, July 19, 2007
http://www.ironmountaindailynews.com/stories/articles.asp?articleID=6994

IRON MOUNTAIN — In Dickinson County Circuit Court on Wednesday, convicted sex offender Phillip Bal told Judge Richard Celello he was sentencing "an innocent man.”

Celello, saying he had thought long and hard about his decision, sentenced Bal, 34, of Iron Mountain, to 11 to 20 years in prison.At a jury trial in May, Bal, a former Iron Mountain police officer, was found guilty of criminal sexual conduct-first degree and home invasion-first degree.

The charges were related to an assault on an Iron Mountain woman at her home in April 2004.Celello sentenced Bal to 11 to 20 years on each count. The two sentences will run concurrently. Bal was given credit for 55 days served and ordered to register as a sex offender.

"This is one of the most difficult cases I have ever presided over," Celello told Bal. "(The defense) questioned the decision making methods of the jury. I can’t second guess the jury. I am not punishing you because you are a former police officer," Celello told Bal.

Bal told the court that since he was off-duty when the incident occurred, he should not be held to a higher standard because he was a police officer.

"Bal being a police officer should definitely be considered in determining his sentence," said special prosecuting attorney Jennifer Mazzuchi of Marquette. "When a gang member is involved in a crime, people are not shocked. When a police officer is involved in a crime, people are shocked. It is an abuse of his power."

At his first sentencing hearing on June 27, Bal informed the court he wished to dismiss attorney Frank Stupak of Escanaba and retain the services of appellate attorney Sanford Schulman of Detroit. The change in legal counsel delayed Bal’s sentencing three weeks.

Emotions were running high as supporters of both Bal and the victim filled the benches in the third floor courtroom.

In response to a statement Bal made before the court saying the victim was lying, Judge Celello responded, "The victim is telling the truth. She was brutally assaulted by you. I can’t think of anything short of murder that is as bad as what happened here. Alcohol has caused you terrible problems in your life," Celello said.

Several motions brought forward by Schulman concerning a proposed polygraph test, the jury’s method of reaching a guilty verdict and sentencing guidelines in the pre-sentence report were denied by Judge Celello.

In his statement before the court, an emotional Bal said the justice system let him down.

"I stand before you an embarrassed and humiliated man," he said. "My sinful and immoral action is responsible for everything that has happened.

I apologize to my wife for breaking her trust and violating the sanctity of our marriage. Her love has kept me strong. I will spend the rest of my life making it up to her," Bal said.

"I apologize to my (four) kids, my parents, my family and my friends for what has happened the last 15 months and for letting them down," he continued. "I thank everyone for their letters of support. I thank the people of St. Mary and St. Joseph church for welcoming my family there and for the support they will give them when I am gone. I apologize to (the victim) and her family for what I have done. I pray life will return to normal for them."

Bal went on to list a number of injustices he felt had occurred.

"Several stories in the newspaper (about my case) slowly poisoned the selection of my jury and took away any chance I had for a fair trial," he said.

"My family was publicly humiliated. Because I was a police officer, my name and my family’s name was dragged through the mud. I lost my job. The prosecution never asked me for my side of the story," Bal said.

"The court allowed two women who had cases pending against me to testify against me," he said.

"Jurors later said they used that (information) to convict me. I was convicted based on what was said about two cases that never went to trial," he said."

I never asked for special treatment because I was a police officer. I feel I was prosecuted because I was a police officer. I ask the court for mercy and leniency. I have four kids that need a father. I have a wife who needs a husband. God has forgiven me. The victim is lying. You are sentencing an innocent man," Bal said.

Bal will be remanded to the custody to the Michigan Department of Corrections. He will be transported to the Southern Michigan Correctional Facility in Jackson where he will be a part of the general prison population.

Bal’s attorney, Sanford Schulman, said an appeal will be filed.

"(Bal) was convicted on the testimony of two women whose charges against (Bal) were never brought to trial. The jury was hit with three cases at once. The evidence in the (case of the victim) was weak," said Schulman.

A Wisconsin woman who says she was involved in an encounter with Bal in the mid-1990’s attended Wednesday’s sentencing. She approached The Daily News outside the courthouse to offer her thoughts on Bal.

"It’s been 12 years, but justice was finally served," she said. "Bal was lying in court today. I saw firsthand what he is capable of," the woman said. The unnamed woman says she hopes to see the other man that was involved in her encounter with Bal brought to justice. "Eventually, it all catches up with them," she said.

Bal could still face a criminal sexual conduct charge involving an Iron Mountain woman in May 2005 at the C&R Bar in Aurora, Wis.

Florence County District Attorney Douglas Drexler has indicated he will decide shortly how he will proceed.

Bal is facing one count of criminal sexual conduct—second degree, a charge that carries a maximum sentence of 40 years in prison.











Police officer’s trial delayed
Marquette Mining Journal, MI - 20 hours ago
August 4, 2007
http://www.miningjournal.net/stories/articles.asp?articleID=18330
IRON MOUNTAIN — The start of a jury trial for a former Iron Mountain Police officer in Florence County has been delayed.

Phillip Bal, 34, was scheduled to appear in Florence County Circuit Court today on a charge of criminal sexual conduct-second degree.

The charge involves an alleged incident in April 2005 involving an Iron Mountain woman at the C & R Bar in Aurora, Wis.

The criminal sexual conduct-second degree charge carries a maximum of 40 years in prison.

Florence County Circuit Court Judge Robert Kennedy heard a motion from attorney Frank Stupak of Escanaba on Tuesday to withdraw as counsel for Bal.

Prior to his sentencing in Dickinson County Circuit Court on charges of criminal sexual conduct-first degree and home invasion-first degree, Bal dismissed Stupak as his legal counsel and retained the services of attorney Sanford Schulman of Detroit. Bal was sentenced to 11 to 20 years in prison.

Judge Kennedy delayed granting Stupak’s motion to withdraw until it can be established who will represent Bal in Wisconsin.

Michigan Commission on Law Enforcement Standards

Commission Meeting Minutes 

November 8, 2007
Southwest District Public Safety Building Detroit, Michigan
COMMISSION MEMBERS PRESENT:
Sheriff Gene Wriggelsworth, representing the Michigan Sheriffs’ Association
Mr. John Buczek, representing the Fraternal Order of Police
Lt. Col. Timothy Yungfer, representing the Michigan State Police
Mr. David Morse, representing the Prosecuting Attorneys Association of Michigan
Mr. Bill Dennis, representing the Attorney General
Sheriff Robert Pickell, representing the Michigan Sheriffs’ Association
Chief Doreen Olko, representing the Michigan Association of Chiefs of Police
Sheriff James Bosscher, representing the Michigan Sheriffs’ Association
Chief Ella Bully-Cummings, representing the Detroit Police Department
Deputy Chief Deborah Robinson, representing the Detroit Police Department
Trooper Michael Moorman, representing the Michigan State Police Troopers Association
Mr. Raymond Beach, Executive Director
Mr. Tom Furtaw, Commission Counsel
COMMISSION MEMBERS EXCUSED:Mr. Jim DeVries, representing the Police Officers Association of Michigan
Director Kurt Jones, representing the Michigan Association of Chiefs of Police
Professor Ron Bretz, representing the Criminal Defense Attorneys of Michigan
Chief Richard Mattice, representing the Michigan Association of Chiefs of Police
COMMISSION STAFF PRESENT:Ms. Theresa Hart Ms. Hermina Kramp
Mr. Gary Ruffini Ms. Cheryl Hartwell
Mr. John Steele Mr. Dale Rothenberger
Mr. Darnell Blackburn Mr. Patrick Hutting
Commission Meeting, Detroit Police Department – Southwest District November 8, 2007 Page 2 GUESTS SIGNING IN:Retired Detroit Police Officer Richard Weaver, former MCOLES Commission member
Commander Duane McKissic, Detroit Police Department
Deputy Chief John Clark, Detroit Police Department
Commander Troy Quinn, Detroit Police Department
Lt. Aaron Robins, Detroit Police Department
Commander Leon Moon, Detroit Police Department
Deputy Chief Jamie Fields, Detroit Police Department
Deputy Chief Chester Logan, Detroit Police Department
Lt. David LeValley, Detroit Police Department
Director Lawana Ducker, Detroit Police Department
Lt. Robbin Kirkwood-Farrar, Detroit Police Department
----
Commission Revocations – The Commission was provided with a link to review the certified record and the “Proposal for Decisions” (PFD) from Administrative Law Judge Michael Zimmer from three hearings, held on the October 2, 2007. Mr. Furtaw presented the following cases recommending the Commission consider the proofs, finding of facts, and conclusions of law found in the “Proposals for Decision” issued by Administrative Law Judge (ALJ) Michael Zimmer.

Phillip G. Bal – Mr. Bal was convicted of first degree criminal sexual conduct by jury and is currently serving a prison term of 11 to 20 years. The conviction occurred on or about May 24, 2007, in Dickinson County.

A MOTION was made by Sheriff Bosscher and supported by Mr. Morse to accept the Proposal for Decision of the Administrative Law Judge and revoke the law enforcement license of Mr. Phillip Bal.

A VOTE was taken. The MOTION carried.










Bal trial set in Wisconsin
Iron Mountain Daily News
By LISA M. REED,Staff Writer
POSTED: April 16, 2008
http://www.ironmountaindailynews.com/page/content.detail/id/10437.html?showlayout=0
FLORENCE, Wis. — Former Iron Mountain police officer Phillip Bal will be tried on a criminal sexual contact charge-second degree in Florence County in September.
Bal, 34, is currently serving an 11- to 20-year prison sentence after being convicted of criminal sexual conduct-first degree and home invasion-first degree in Dickinson County Circuit Court in May 2007.

Bal’s Florence jury trial is set for Sept. 4, said Florence County District Attorney Doug Drexler.

The charge in Florence County is based on an alleged April 2005 incident involving an Iron Mountain woman at the C & R in Aurora, Wis.

The CSC-second degree charge carries a maximum sentence of 40 years in prison.

Iron Mountain attorney Julie LaCost is representing Bal.

Lisa Reed’s e-mail address is lreed@ironmountaindailynews.com.











Former cop up on another rape charge
Not guilty plea was made

WLUC -TV6, Negaunee
Posted: Friday, April 18, 2008 at 8:16 a.m.
http://www.wluctv6.com/news/news_story.aspx?id=123000
AURORA, WI -- The former Iron Mountain police officer convicted of rape and home invasion is heading to trial on another sexual assault charge.

Thirty-four-year-old Phillip Bal pled not guilty to sexually assaulting a woman at a bar in Aurora, Wisconsin back in 2005. Bal is expected to face a jury trial on September 4 in Florence County Court. He faces a maximum penalty of a $100,000 fine and no more than 40 years in prison on the second degree criminal sexual conduct charge.

Bal is currently serving 11 to 20 years in prison for his previous convictions.









Florence dismisses charges against Bal

Iron Mountain Daily News
By NIKKI YOUNK, Staff Writer
POSTED: August 28, 2008
http://www.ironmountaindailynews.com/page/content.detail/id/502934.html?nav=5002

FLORENCE, Wis. - Criminal charges against former Iron Mountain police officer Phillip Bal have been temporarily dismissed while officials await an appeal pending in Michigan, said Florence District Attorney Douglas Drexler.

Bal, 35, was originally charged in Florence County with second degree sexual assault-use of force for an alleged April 2005 incident involving an Iron Mountain woman at the C & R bar in Aurora, Wis.

He is currently serving an 11- to 20-year prison sentence after being convicted of first degree criminal sexual conduct and home invasion in Dickinson County Circuit Court in May 2007.

Drexler explained that Bal is appealing the conviction in Dickinson County and the decision will influence whether or not Drexler reinstates the charges in Florence County.

"If the appeal is granted, we will pursue charges in Wisconsin," Drexler stated. "If not, he's already spending time in prison and we don't want that additional cost to the taxpayers."

Since Bal's trial in Florence was scheduled for Sept. 4, Drexler said that he had to take some kind of action while waiting for the appeal decision. He chose to dismiss the charges without prejudice, meaning that the charges can be reinstated at a later date.

Nikki Younk's e-mail address is nyounk@ironmountaindailynews.com.










Here's a look at what we're working on for tonight's news

Wednesday, September 24, 2008 at 2:58 p.m.
http://wluctv6.com/news/news_story.aspx?id=197244

Three people are in custody and one is being sought in an armed robbery in Ishpeming. It happened last week. The suspects allegedly broke into a home stealing cash and drugs. The story tonight on your TV6 Early News.

It's the Fourth Wednesday Count for Michigan's K-12 schools. Tonight on your TV6 Early News, enrollment numbers for some U.P. school districts and what those numbers mean for the district's future.

An Upper Michigan Community Action Agency is dropping some of its services due to a lack of funding. The story from Delta County tonight on your TV6 Early News.

The appeal is in on Philip Bal. He's the former police officer charged with rape. On your TV6 News Tonight, the court's decision.A survey is being done in Negaunee on the Iron Ore Heritage Trail. On your TV6 News Tonight what city and trail officials are hoping to gain from the survey.

In your Up Close Report, a look at this year's apple harvest. TV6's Iron Mountain Kingsford Bureau reporter Pooja Lodhia looks at why one farm operation has been able to bring in a bumper crop. That's on your TV6 News Tonight.

In your Entertainment Report, TV6's Natalie Zimmermann reports on the band Hozz and their acoustic sound. That's on your TV6 News Tonight.

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

04012004 - 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

 

03262004 - Deputy Nick Cavanaugh - Terminated - Otsego County SD

On March 26, 2004, Deputy Cavanaugh was terminated from the department for his altercation on February 14th. He was later re-instated to the department.

ALSO SEE:

DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. March 26, 2010:

Dismissed from Sheriff Department for "A major Violation".

http://michiganoidv.blogspot.com/2010/03/deputy-nick-cavanaugh-otsego-county-sd.html

DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. February 14, 2004:

domestic violence incident; drunk driving; loaded gun.

http://michiganoidv.blogspot.com/2004/02/february-14-2004-deputy-nick-cavanaugh.html

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

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

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

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

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

Cavanaugh was a witness for the prosecution in that trial.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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




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

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

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

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

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

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

03092004 - Deputy Nick Cavanaugh - Suspended - Otsego County SD

On March 09, 2004, Deputy Cavanaugh was suspended from the department for his altercation on February 14th.

ALSO SEE:

DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. March 26, 2010:

Dismissed from Sheriff Department for "A major Violation".

http://michiganoidv.blogspot.com/2010/03/deputy-nick-cavanaugh-otsego-county-sd.html

DEPUTY NICK CAVANAUGH, OTSEGO COUNTY SD. February 14, 2004:

domestic violence incident; drunk driving; loaded gun.

http://michiganoidv.blogspot.com/2004/02/february-14-2004-deputy-nick-cavanaugh.html

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

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

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

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

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

Cavanaugh was a witness for the prosecution in that trial.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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





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

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

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

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

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

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