08242004 - Officer Nicole Rabior - Detroit PD

August 24, 2004: Officer Nicole Rabior, Detroit City Police Department

Detroit Police Officer Nicole Rabior was arrested and charged with felonious assault in an August 24, 2004 domestic violence assault against her boyfriend. According to the police report, Officer Rabior hit her boyfriend [a Detroit Firefighter] with a bottle of water; kicked in a bedroom door; grabbed the phone out of her boyfriend's hand; and hit him five times on the back with the cell phone charger.









Ex-boyfriend says cop assaulted him

Macomb Daily - Aug 26
PUBLISHED: August 26, 2004
By Gordon Wilczynski
Macomb Daily Staff Writer
http://www.macombdaily.com/stories/082604/loc_assault001.shtml

An off-duty female Detroit police officer has been suspended with pay after she was charged with assaulting her ex-boyfriend.

Nicole Rabior was charged with domestic assault after allegedly hitting the man with her hand and then throwing a cell phone battery charger at him, Clinton Township police Capt. Doug Mills said.

Rabior, 22, who lives on Cottrell Street in Clinton Township, was charged in 41B District Court with felonious assault, a 4-year felony. She was released on $25,000 personal bond by Magistrate John Russi.

The man told police the couple got into an argument over their relationship early Wednesday morning when he returned to her home. The man told police the woman also threw a water bottle at him and then struck him in the back of the head with another water bottle.

She also allegedly attacked him with her fists, he said.

"Her boyfriend then shut the bedroom door and she broke in," Mills said. "She then hit him in the back area with the battery charger."

Mills said the man, a Detroit firefighter, came to Clinton Township's police headquarters

to file the report.

Detroit police information officials said the woman has been a police officer for the past three years. She is assigned to patrol duties at Detroit's Ninth (Gratiot at Gunston) Precinct.

An Internal Affairs investigation will be held to review the incident, officials said.

Officials said Rabior has been suspended with pay pending a hearingthis week before the Detroit Police Commission.

"We don't have a choice but to arrest a person when a complaint is filed and there are obvious signs of injury," Mills said.

 
 
 
 
 
 
 
 
BOARD OF POLICE COMMISSIONERS

Minutes of the Regular Board of Police Commissioners Meeting
Thursday, August 26, 2004
The regular meeting of the Detroit Board of Police Commissioners was held on
Thursday, August 26, 2004, at 3:00 p.m., at Police Headquarters, 1300 Beaubien – Rm. 328-A, Detroit, Michigan 48226.

4. SECRETARY’S REPORT – EXECUTIVE DIRECTOR GOSS(Chairperson Blackwell entered the conference room.)


SUSPENSIONS
On August 26, 2004, Police Officer Nicole Rabior, Badge 645, assigned to the Ninth Precinct, was suspended without pay by Chief Ella M. Bully- Cummings.

On August 25, 2004, the Professional Accountability Bureau, Internal Affairs Section was notified of an allegation of misconduct on the part of Police Officer Nicole Rabior, badge 645, assigned to the Ninth Precinct. More specifically, the complaint alleged that Officer Rabior used unjustified physical force against her domestic partner (hereinafter complainant).

As a result, the Internal Affairs Section initiated an investigation, which revealed the following:

On August 25, 2004, at approximately 12:15 a.m., Officer Rabior was at home with the complainant in Clinton Township, Michigan. At that time, a verbal altercation ensued. During the course of the verbal altercation, Officer Rabior threw a plastic bottle at the complainant and struck him in the head with her fist.

Whereupon the complainant retreated to the bedroom and once inside locked the door thereto. Officer Rabior then kicked down the door to the bedroom and grabbed the telephone out of the complainant's hand.

Officer Rabior then grabbed the cellular telephone charger and struck the complainant with it in the back area approximately five (5) times.

The complainant fled the location and proceeded to the Clinton Township Police Department wherein he filed a complaint.

At that time, photographs were taken and injuries to the complainant were documented. After which, Clinton Township Police Officers proceeded to Officer Rabior's residence, placed her into custody, and transported her to the Clinton Township Police Department for processing.

Officer Rabior was then lodged in the Macomb County Jail, pending the issuance of a warrant.

On August 25, 2004, a felony warrant was issued against Officer Rabior, charging her with “Felonious Assault,” contrary to MCL 750.82. Felonious Assault is punishable as a felony with four (4) years in prison and/or a fine of $2,000.00.

On August 25, 2004, Officer Rabior appeared before Magistrate John P. Russ, of District Court 41-B for Clinton Township, wherein she was arraigned on the aforementioned charge. A plea of not guilty was entered on her behalf and she was released on a $25,000.00 personal bond. The preliminary examination is pending a hearing date.

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

CHARGE: CONDUCT UNPROFESSIONAL; CONTRARY TO THE LAW ENFORCEMENT CODE OF ETHICS, THIS BEING IN VIOLATION OF THE DETROIT POLICE DEPARTMENT

MANUAL, SERIES 100, DIRECTIVE 102.3-5.7, CONDUCT UNBECOMING AN OFFICER, COMMAND 3.

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

There were no contravention’s to the above suspension without pay









Officer Accused Of Cell Phone Charger Assault
Wed Aug 25, 9:09 PM
ClickOnDetroit.com
http://news.yahoo.com/news?tmpl=story&u=/ibsys/20040826/lo_wdiv/2346325
A Detroit police officer faced a judge Wednesday on charges that she assaulted her live-in boyfriend with a cell phone charger, Local 4 reported.

Nicole Rabior attacked her boyfriend -- a Detroit firefighter – in their Clinton Township home Tuesday night, according to police.

Rabior was upset with her boyfriend of three years after he reportedly told her he was thinking about breaking off the relationship.

The man told police that Rabior hit him with a bottle of water, then her fist before he went into a bedroom and closed the door. He said Rabior kicked in the door, threw his cell phone to the ground and hit him five times in the back with the charger.

An officer who responded to the home noticed welts on the man from the alleged assault. The man refused medical treatment, according to Local 4 reports.

Rabior was suspended with pay from the 9th Precinct. She's expected to appear in front of the police board of commissioners to determine if she'll lose those pay privileges during her punishment, the station reported. Rabior faces up to four years in prison if convicted of the felonious assault charge.



.

08232004 - Saginaw County Commissioner Al Holiday - Doused His Wife In Gasoline - Arrested For Intent To Commit Murder

The Untouchable Saginaw County Commissioner/Housing Commissioner Al Holiday

01011985 - Saginaw County Commissioner Al Holiday - Confrontation With Police And Teenager

09011990 - Saginaw County Commissioner Al Holiday - Arrested For Domestic Violence

12211990 - Saginaw County Commissioner Al Holiday - Arrested For Shooting In Vicinity Of Ex-Wife's Home 

12211990 - Saginaw County Commissioner Al Holiday - Arrested For Leaving Scene Of Accident At His Ex-Wife's Residence

01011996 - Saginaw County Commissioner Al Holiday - Charged W/Disturbing The Peace

08232004 - Saginaw County Commissioner Al Holiday - Doused His Wife In Gasoline - Arrested With Intent To Commit Murder

05102005 - Saginaw County Commissioner Al Holiday - Sentenced For Intent To Commit Murder [08232004]: House Arrest

10242011 - Saginaw Housing Commissioner Al Holiday - Ousted For Misspending $2 Million HUD Funds

On August 23, 2004, Saginaw Commissioner Al Holiday 

poured gasoline on his wife

Commissioner Holiday then chased his wife around the house

 with a lighter, attempting to set her on fire.

Holiday was arrested on suspicion of assault 

with intent to commit murder

The Saginaw County Prosecutor did not immediately 

charge Commissioner Holiday with a crime...

Prosecutor Michael Thomas had sent a sample of the liquid

 that Commissioner Holiday had poured on his wife 

[and which everyone agreed smelled /reeked like gasoline] 

to the MSP Crime Lab for testing, to insure it was in fact gasoline.

This 'delay' in processing the evidence, went in Commissioner Holiday's favor.... 

as he was still able to run for re-election, 

as no criminal charges had been filed against him after the August assault.

Criminal charges were not filed against Holiday until after the November elections,

in which he was re-elected.

 Although Holiday had been arrested for attempted murder, he was only charged for misdemeanor domestic violence. He pleaded no-contest to these charges. Instead of facing time in jail, Holiday was given three months of house arrest.

Al  Holiday retained his position as Saginaw County Commissioner, despite the criminal charges. Commissioner Holiday was not ousted from his position until October 2011, for his role in misspending $2.8 million in HUD funds that the county had received. Holiday faced no criminal charges for his actions and Saginaw was left to repay the misspent funds.

Ex-county leader Al Holiday jailed
THE SAGINAW NEWS
August 25, 2004
http://www.mlive.com/news/sanews/index.ssf?/base/news-12/1093443715283640.xml
A former Saginaw County Board of Commissioners chairman who wants a seat on the proposed Saginaw City Charter Commission may have to put his bid on hold.

Police arrested Al Holiday, 50, at his home Monday and booked him in the County Jail on suspicion of assault with intent to commit murder against his 40-year-old wife.

Police said she told them she was sitting in the bedroom of their home on Carter when Holiday walked in and started arguing about money and threatened to kill her.

Holiday left the room and returned a short time later and poured on her what she thought was water, she told police. When she realized it was gasoline, she fled the room as Holiday chased her with a lighter in his hand, police reported she said.

The woman ran to a neighbor's home and called police, they said.

Detectives today still were trying to gather additional information to take to the prosecutor's office to possibly bring charges, police said. Holiday remained in jail this morning.

Holiday, a former United Auto Workers employee assistance coordinator at Delphi Saginaw Steering Systems, served on the Board of Commissioners from 1980 to 1994, including a two-year stint as chairman in 1989 and 1990.

Holiday, who is now vice president of the Saginaw Housing Commission, has taken out nominating petitions to appear on the Nov. 2 ballot for the proposed Saginaw City Charter Commission.

Holiday has had previous brushes with the law. In January 1985, Holiday tangled with police over a confrontation with a 17-year-old man in a pool hall on East Holland. Holiday said he followed the teen there after the youth struck him in the face with a snowball earlier in the evening. Police made no arrests and prosecutors filed no charges.

Police also arrested Holiday on Sept. 1, 1990, after his wife filed a domestic violence complaint, but prosecutors did not charge him.

Dec. 21, 1990, Saginaw police arrested Holiday after receiving reports of a shooting in the vicinity of his now-former wife's home on Sheridan. A District Court jury found Holiday not guilty of malicious destruction of property but guilty of leaving the scene of an auto crash in which his 1988 Chevrolet van collided with another car in the driveway of his wife's home.

In 1996, he paid a $300 fine for disturbing the peace at the KFC restaurant at Hess and Dixie in Buena Vista Township. Witnesses said a dispute over parking between Holiday and another man led to the confrontation.

Holiday unsuccessfully challenged then-state Rep. Michael J. Hanley for the 95th House District in the 1996 Democratic primary.

In 1998, Holiday suffered a stroke in Washington, D.C., while attending the National Association of Counties' legislative conference. He was representing the Region VII Area Agency on Aging when he became ill.












Holiday sent home from jail
THE SAGINAW NEWS
August 26, 2004
http://www.mlive.com/news/sanews/index.ssf?/base/news-12/1093530178132460.xml
Saginaw County authorities released a former Saginaw County Board of Commissioners chairman from jail, but they will continue investigating an assault case involving his wife. Al Holiday, who served on the county board from 1980 to 1994, including a stint as chairman in 1989 and 1990, left the lockup Wednesday, said Prosecutor Michael D. Thomas.

"File transcripts, reports and lab work are not complete," said Thomas, in reference to whether he will authorize charges against Holiday.

Police said Holiday's 40-year-old wife told them she was sitting in the bedroom of their home on Carter on Monday when Holiday walked in and started arguing about money and threatened to kill her. Holiday, 50, left the room and returned a short time later and poured gasoline on her, she told police. She fled the room as Holiday chased her with a lighter in his hand, police reported she said.

Police jailed Holiday Monday night.

Holiday, a former United Auto Workers employee assistance coordinator at Delphi Saginaw Steering Systems, now serves as vice chairman of the Saginaw Housing Commission.

Authorities await results from lab in Holiday case
THE SAGINAW NEWS
September 19, 2004
http://www.mlive.com/news/sanews/index.ssf?/base/news1/1095589726113930.xml
Authorities say they're still awaiting crime lab results before deciding whether to charge former Saginaw County Board of Commissioners Chairman Al Holiday in an alleged assault against his wife.

The state police crime lab in Bridgeport Township is "absolutely swamped" because of budget cuts, said Saginaw County Prosecutor Michael D. Thomas. Technicians at the lab are prioritizing their work, for example handling evidence from murder cases first, he said.

"They will get to it as quickly as they can," Thomas said.

Holiday served on the county board from 1980 to 1994, including a stint as chairman in 1989 and 1990. Police arrested Holiday last month shortly after his 40-year-old wife told them he poured gasoline on her.

The woman said she was sitting in the bedroom of their home on Carter when Holiday started arguing about money and threatened to kill her. She told police that Holiday, 50, left the room and returned a short time later and poured gasoline on her. She said she fled the room as he chased her with a lighter in his hand.

Holiday, a former United Auto Workers employee assistance coordinator at Delphi Saginaw Steering Systems, serves as vice chairman of the Saginaw Housing Commission.

Crime lab 'swamped;' assault case still on
THE SAGINAW NEWS
Tuesday, October 19, 2004
http://www.mlive.com/news/sanews/index.ssf?/base/news-1/109819591487590.xml
Authorities say they have received lab work and are looking over a case involving allegations that former Saginaw County Board of Commissioners Chairman Al Holiday assaulted his wife.

"We're still reviewing it," Saginaw County Prosecutor Michael D. Thomas said Monday.

"There's nothing to report now, and we won't discuss it."

Last month, Thomas said the state police crime lab in Bridgeport Township was "absolutely swamped" because of budget cuts.

Technicians were prioritizing their work -- for example, handling evidence from murder cases first, he said.

Holiday, 50, served on the county board from 1980 to 1994. He was its chairman in 1989 and 1990.

In August, police arrested Holiday shortly after his 40-year-old wife told them he poured gasoline on her.

Holiday, a former United Auto Workers employee assistance coordinator at Delphi Saginaw Steering Systems, serves as vice chairman of the Saginaw Housing Commission.

Holiday facing assault charge
THE SAGINAW NEWS
Saturday, November 13, 2004
http://www.mlive.com/news/sanews/index.ssf?/base/news-13/1100344898203580.xml
A newly elected member of the Saginaw City Charter Commission is facing a charge he assaulted his wife.

After three months of investigation, Saginaw County prosecutors have issued a warrant charging Al Holiday, 50, of 3217 Carter, with domestic violence, Prosecutor Michael D. Thomas said.

The charge is a misdemeanor punishable by 93 days in jail.

Domestic assault trial coming next year
THE SAGINAW NEWS
December 10, 2004
http://www.mlive.com/news/sanews/index.ssf?/base/news-1/1102693875170200.xml
Saginaw City Charter Commission member Al Holiday will face trial on a charge that he assaulted his wife in August.

Holiday, 50, of 3217 Carter will go on trial sometime after January on a charge of domestic violence. Court officials have not set a trial date.

A conviction could lead to a sentence of up to 93 days in jail.

Holiday's wife called police and claimed he had doused her with gasoline in their home Aug. 23 and then chased after her with a lighter.

Saginaw police arrested Holiday but released him while prosecutors reviewed evidence.

The investigation took three months to complete.

Police originally jailed Holiday on suspicion of assault with intent to commit murder, a felony that carries a maximum penalty of life in prison.

Holiday, a former Saginaw County Board of Commissioners chairman, was one of nine residents elected Nov. 2 to review the City Charter. He also serves as vice president of the Saginaw Housing Commission.

Holiday's wife won't testify
THE SAGINAW NEWS
February 11, 2005
http://www.mlive.com/news/sanews/index.ssf?/base/news2/1108138932196890.xml
Authorities plan to proceed with a domestic violence trial against Saginaw City Charter Commission member Al Holiday even though his wife won't testify against him.

Holiday's wife, Cheryl Holiday, has declared her Fifth Amendment rights and has refused to testify, Saginaw County prosecutors said Thursday after a hearing.

Assistant Prosecutor Steven J. Fenner said Cheryl Holiday "will be unavailable unless she changes her mind."

At an earlier hearing, Cheryl Holiday, 40, declined to say anything about her husband, Fenner said. She gave only her name and date of birth.

Court officials have not set a trial date for Holiday, 51, who is vice president of the Saginaw Housing Commission and former chairman of the Saginaw County Board of Commissioners. A conviction could lead to a sentence of up to 93 days in jail.

Defense attorney Thomas L. Frank said he needed more time to prepare for trial. District Judge Darnell Jackson granted him a delay.

Instead of Cheryl Holiday testifying, prosecutors will use statements she gave to police and the tape of an Aug. 23 phone call she made to Central Dispatch 911 as evidence against her husband.

Saginaw Police Officer Christine Chambers testified Thursday that she was near Saginaw High School when she received a dispatch about a man dousing his wife with gasoline at 3217 Carter.

Chambers said she arrived at the home within three minutes.

Al Holiday answered the door and then returned to the phone, she said. He indicated his wife was at another house across the street, and the officer proceeded there.

"(Cheryl Holiday) was crying," Chambers said. "She appeared upset. She then told me that her husband poured gasoline on her and tried to set her on fire."

The officer said she could smell gasoline in both houses.

The wife told investigators she was recovering from surgery and decided to lie on a couch and watch television. Her husband came in and began arguing about money, she said.

Al Holiday said he was going to hurt his wife, the officer testified that Cheryl Holiday told her. He left the room, then returned and poured what she believed was water on her, Chambers said. He had a lighter in his hand, she said.

Saginaw police arrested Holiday but released him while prosecutors reviewed evidence.

Police originally jailed Holiday on suspicion of assault with intent to commit murder, a felony that carries a maximum penalty of life in prison.

Frank had argued that prosecutors can't prove their case based on testimony from one witness. Authorities need to present other evidence such as clothing or bedding with gasoline on it, he said.

Fenner disagreed and said the victim's statement to police will suffice.

Holiday has had previous brushes with the law.

In January 1985, Holiday tangled with police over a confrontation with a 17-year-old male in a pool hall on East Holland. Holiday said he followed the teen there after the youth struck him in the face with a snowball earlier in the evening. Police made no arrests and prosecutors filed no charges.

Police also arrested Holiday on Sept. 1, 1990, after his wife filed a domestic violence complaint, but prosecutors did not charge him.

Dec. 21, 1990, Saginaw police arrested Holiday after receiving reports of a shooting in the vicinity of his now-former wife's home on Sheridan. A District Court jury found Holiday not guilty of malicious destruction of property but guilty of leaving the scene of an auto crash in which his 1988 Chevrolet van collided with another car in the driveway of his wife's home.

In 1996, he paid a $300 fine for disturbing the peace at the KFC restaurant at Hess and Dixie in Buena Vista Township. Witnesses said a dispute over parking between Holiday and another man led to the confrontation.

Holiday unsuccessfully challenged then-state Rep. Michael J. Hanley for the 95th House District in the 1996 Democratic primary.

In 1998, Holiday suffered a stroke in Washington, D.C., while attending the National Association of Counties' legislative conference. He was representing the Region VII Area Agency on Aging when he became ill.

Holiday was one of nine residents elected Nov. 2, 2004, to review the City Charter.

Holiday's wife granted court protection order
THE SAGINAW NEWS
March 19, 2005
http://www.mlive.com/news/sanews/index.ssf?/base/news2/1111231283108280.xml
The wife of former Saginaw County Board of Commissioners Chairman Al Holiday has filed court papers indicating her husband assaulted her in their home in August.

Cheryl Holiday, 40, now has court protection against Al Holiday, who also is vice president of the Saginaw Housing Commission and a member of the Saginaw City Charter Review Commission. She has moved from their home at 3217 Carter and to Saginaw Township.

Saginaw County Family Court Judge Patrick J. McGraw on Thursday granted Cheryl Holiday a personal protection order, commonly known as a PPO, against her husband.

Al Holiday's attorney Thomas L. Frank said he doesn't know anything about the protection order request and can't comment.

The Saginaw News could not reach Holiday for comment.

Al Holiday has a Thursday, April 7, trial on a charge of domestic violence stemming from an incident in which his wife initially told police he doused her with gasoline and tried to set her on fire.

During a pre-trial hearing in February, however, Cheryl Holiday said she would not testify against her husband. In her protection order request, she described the February incident.

"On Aug. 23, Al Holiday doused gasoline on me," Cheryl Holiday wrote. "I did not press charges against him because I was afraid to."

Cheryl Holiday said she is not from Michigan, nor does she have family or a support system in Saginaw.

"I had no where to go and did not have enough money to move out at that time," Cheryl Holiday wrote. "Since the incident, I have saved up the money needed to move out."

Al Holiday was on a business trip to Washington, D.C., from Sunday to Thursday, March 13-17, she wrote.

"While he was away, I moved out," Cheryl Holiday wrote. "I am afraid that he may harass or threaten me. Therefore, I am asking to be provided with a PPO."

Cheryl Holiday, a county employee, indicated she and her husband married five years ago and that she moved out of the house March 15.

McGraw granted her the protection order, in effect until March 17, 2006. A violation could result in 93 days in jail and $500 in fines.

Any time during the year, Al Holiday can petition the court to remove the order.

Assistant Prosecutor Steven J. Fenner, who is handling the domestic violence case, said he will look into the order. He declined further comment.

Cheryl Holiday told police that she was watching television when she felt liquid poured over her body. At first, she thought it was water, she said. Then came the stench of gasoline, she told officers.

She said her husband began chasing her throughout their Saginaw home with a lighter in his hand. She ran from the house and called 911.

Holiday facing jail term
The Saginaw News
Thursday, April 07, 2005
http://www.mlive.com/news/sanews/index.ssf?/base/news2/1112885446114540.xml
Former Saginaw County Board of Commissioners Chairman Al Holiday has pleaded no contest to a charge of assaulting his wife in their home.

Holiday, who also is vice president of the Saginaw Housing Commission and a member of the Saginaw City Charter Review Commission, entered his plea Wednesday on a charge of domestic violence stemming from an incident in which his wife, Cheryl Holiday, told police he doused her with gasoline and tried to set her on fire.

A no contest plea means that a defendant does not contest prosecutors' evidence and is willing to accept the punishment.

Saginaw County District Judge Darnell Jackson will sentence Holiday, 51, on Tuesday, May 10. Holiday, who was supposed to go to trial today on the domestic violence charge, faces 93 days in jail.

The Saginaw News could not reach Holiday for comment.

Last month, Family Court Judge Patrick J. McGraw granted Cheryl Holiday, 40, a personal protection order against her husband.

During a pre-trial hearing for her husband in February, Cheryl Holiday said she would not testify against him. In her protection order request, however, she described the August incident.

"On Aug. 23, Al Holiday doused gasoline on me," Cheryl Holiday wrote. "I did not press charges against him because I was afraid to."

She indicated she is not from Michigan and does not have family or a support system in Saginaw. She said she had nowhere to go and not did not have enough money to move out at that time.

Cheryl Holiday, a county employee, said she saved enough money to move out of their home at 3217 Carter, and did so while her husband was on a business trip to Washington, D.C., from March 13-17.

"I am afraid that he may harass or threaten me," Cheryl Holiday wrote.

She said she and her husband married five years ago.

McGraw granted her the protection order, which will remain in effect until March 17. A violation also could result in 93 days in jail and $500 in fines.

Court records also show that Cheryl Holiday has begun divorce proceedings against her husband.

Holiday given house arrest
The Saginaw News
May 11, 2005
http://www.mlive.com/news/sanews/index.ssf?/base/news-2/1115823048315620.xml
A Saginaw County judge will consider whether to allow Saginaw Housing Commission Vice President Al Holiday to attend meetings while he is on house arrest.

District Judge Darnell Jackson on Tuesday ordered Holiday to serve three months of house arrest for domestic violence against his wife, Cheryl Holiday, 40.

He warned the former Saginaw County Board of Commissioners chairman that if he violates any terms of his probation, he will spend 93 days in jail.

Authorities said Holiday doused his spouse with gasoline and tried to set her on fire Aug. 23 at their Carter Street home.

Holiday's punishment includes nine months of probation, orders to stay away from his estranged wife -- who has filed for divorce -- and to pay $609 in fees and fines.

Holiday, 51, pleaded no contest, meaning he does not contest prosecutors' evidence and is willing to accept the punishment. He did not speak during the hearing. The conviction also means that he cannot possess a gun.

Last month, Holiday resigned from the Saginaw City Charter Review Commission.

Assistant Prosecutor Steven J. Fenner told Jackson he wanted Holiday to serve jail time. "The facts indicate the act could have resulted in the death of Cheryl Holiday," he said.

Defense attorney Thomas L. Frank sought probation only for his client and no fees, fines or incarceration. Holiday lives on a fixed income of $2,400 a month and needs time to pay the fees and fines, he said.

Holiday also has an obligation to the community to attend Housing Commission meetings and an out-of-town conference later this month, Frank said.

Jackson said he would consider allowing Holiday to attend the meetings and conference.

During a February pre-trial hearing for Holiday, Cheryl Holiday said she would not testify against her husband.

A month later, Family Court Judge Patrick J. McGraw granted Cheryl Holiday a personal protection order against her husband. In her request, she described the August incident, saying he doused her with gasoline.

"I did not press charges against him because I was afraid to," she wrote.

The protection order will remain in effect until March 17. A violation also could result in 93 days in jail and $500 in fines.

Cheryl Holiday, a county employee, said she moved out of their home at 3217 Carter in March while her husband was on a business trip in Washington, D.C.

The Holidays have been married for five years.

Familiar face, crowded race
THE SAGINAW NEWS
May 17, 2006
http://www.mlive.com/news/sanews/index.ssf?/base/news19/1147872128252430.xml&coll=9
A controversial Saginaw public figure is looking to return to his seat on the Saginaw County Board of Commissioners.

Former board Chairman Alfredia "Al" Holiday will face fellow Democrats Calvin Williams and Eddie F. Foxx in the August primary for the District 6 seat. No Republicans are on the ballot.

Tuesday was the candidate filing deadline for the Tuesday, Aug. 8, primary.

Holiday, 52, held the seat in 1994, when he lost a bid for the state House 95th district. He has since served on the Saginaw City Charter Review Commission and presently is vice president of the Saginaw Housing Commission.

But Holiday's record in governance must compete with his personal history -- most recently, a sentence of three months house arrest last year for a domestic violence charge. Authorities said he doused his wife in gasoline and tried to set her on fire in the summer of 2004.

"Folks are probably going to remember that," Williams said, though he noted he does not consider it a concern for his campaign, which he plans to steer toward public health and other county services he believes residents in District 6 -- parts of the city of Saginaw and Buena Vista and Bridgeport townships -- don't fully use.

The News could not reach Holiday or Foxx. Foxx ran for the seat in 2004 and lost 746-865 in the primary to Terry W. Sangster, who this year is seeking the 95th District state House seat.

State races have opened three county board seats. The most crowded is District 2, the county's western townships, where two Democrats and three Republicans will compete in the Aug. 8 primary for the slot left by Democrat Robert D. Blaine, who is campaigning for 94th District state House seat.

Democrats Lindsey K. Read and Leonard "Lenny" J. LeFevre submitted their names.

"The commissioners run just as hard as the state reps," LeFevre said. "But ... I didn't want to have a Democrat not run. We need somebody to challenge the Republicans."

They are Timothy M. Krzeszewski, who lost a bid for county treasurer in 2004 and serves on the Swan Creek Township Planning Commission; Ronald L. Sholtz, who has served as Marion Township supervisor and lost the county board seat narrowly in 2004 with 3,434 votes to Blaine's 3,468; and Gary D. Lyvere, who has run previously for the county board and has served as a Richland Township trustee.

In District 4 -- Frankenmuth Township plus parts of Bridgeport and Birch Run townships -- one Republican and one Democrat are seeking to replace Frankenmuth Republican Kenneth B. Horn, who is running for the state House 94th District seat. Republican Dennis H. Krafft and Democrat Jean A. Schluckebier, both of Frankenmuth Township, will vie for his seat in the Nov. 7 general election.

Saginaw Housing Commission member Al Holiday ousted, executive director's performance deemed 'unsatisfactory'
The Saginaw News
Monday, October 24, 2011
http://www.mlive.com/news/saginaw/index.ssf/2011/10/saginaw_housing_commission_mem.html

  

Saginaw Housing Commission, Al Holiday

 
SAGINAW — In the wake of a Saginaw Housing Commission audit that revealed the commission misspent $2.8 million throughout the last decade, Executive Director Peter Chitekwe will be replaced in February, and Al Holiday has been expelled from the board.

Both decisions came to light Monday evening, with the Housing Commission voting to release Chitekwe and the Saginaw City Council, which met later in the evening, voting to remove Holiday from the Housing Commission oversight panel.

During a closed meeting, the Saginaw Housing Commission board voted 4-1 — Holiday cast the sole “nay” vote — in rating Chitekwe’s performance as “unsatisfactory.”

It issued a recommendation that his two-year contract not be renewed when it expires Feb. 29.

“If I found the place in good shape, I could have done better,” Chitekwe said. “But someone has to be blamed. They are not satisfied in the efforts I have put in... It was just too much. I don’t know if everybody fully understands the severity of the situation that this place was in.”

The commission hired Chitekwe as its financial manager in 2009, at a time Chitekwe said the commission was a “financial mess” and without its then-director, Director Duane L. Walker, who was battling cancer.

In March 2010, Chitekwe became the director.

The Office of the Inspector General selected the commission for audit released in August because a 2006 audit had showed the commission improperly spent $536,000 in federal funds to purchase the former Saginaw County Fairgrounds.

The 2011 audit revealed that Chitekwe, Holiday, one-time board President Parrish Anderson, who was no longer on the board at the time, and Kristi Jackson — the since-terminated grant coordinator whom a 2010 audit said intervened to help secure her two sons $20,816 in housing assistance benefits — attended Walker’s funeral in Chicago at taxpayers’ expense in 2010.

The board also authorized the purchase of a $32,000 2008 Lincoln SUV for Chitekwe to use for work.

The Saginaw mayor appoints commission board members, and the City Council may remove members but has no further authority, Saginaw Mayor Greg Branch said.

The City Council voted unanimously Monday to remove Holiday, a 14-year Housing Commission board member.

City Councilmen Daniel Fitzpatrick and Andrew Wendt were absent.

Branch said “a lot” of the problems the audit pointed to “had their genesis 10 years ago,” when the commission purchased the fairgrounds.

Holiday is “very passionate about public housing... I can’t say he’s done a bad job as a commissioner,” Branch said. “But the people of Saginaw need to have a sense of confidence in the Housing Commission, and I don’t think they are going to have it as long as anybody who was part of the fairgrounds (purchase) is still there.”

Branch appointed Thomas Begin and Odie Pruitt III to the commission board within the last year. Then-Mayor Joyce J. Seals appointed Delena Spates-Allen in 2007 and Dawn Genwright in 2008.

City Council members in September 2008 voted 6-3 against a recommendation from Seals to reappoint Holiday to the Saginaw Housing Commission.

Seals disregarded the vote and reappointed Holiday because council certification is not required.

Branch said he hopes to fill the vacancy “very soon” with a someone adept at financial management.

Al Holiday has 'no comment' after unanimous vote to remove him from Saginaw Housing Commission
The Saginaw News
October 25, 2011
http://www.mlive.com/news/saginaw/index.ssf/2011/10/al_holiday_has_no_comment_afte.html
SAGINAW — The Saginaw City Council voted 7-0 to remove long-time board member Al Holiday from the Saginaw Housing Commission Monday.

He’s been on the commission greater than a decade and is the only current member who was present in 2002 when the commission spent $536,000 to purchase the former 54-acre Saginaw County Fairgrounds, in spite of a United States Department of Housing and Urban Development ruling that federal funds could not be spent in such a manner.

The decision led to two audits by the Office of the Inspector General over the next 10 years — one in 2006 and another released in August — that revealed $2.8 million in misspent funds by the commission.

When contacted Tuesday morning for a response to his ousting, Holiday replied, “No comment.”

His removal from the board came less than two hours after he was the only board member in a 4-1 decision to vote against issuing an “unsatisfactory” evaluation to Saginaw Housing Commission Executive Director Peter Chitekwe.

In addition to the negative evaluation, Chitekwe’s contract expires Feb. 29 and will not be renewed.

Chitekwe said he doesn’t wish to sounds like a “disgruntled employee” and wouldn’t comment much about the board’s decision, but he said the financial situation was potentially wore than board members were aware.

He said he believes had it not been such a “financial mess” upon his appointment as director in March of 2010, he could have done better.

 
 
 
 
 
 
 
 
 
 
 



 
 
 
 
 
 
 
 
 
 
 

08192004 - Officer Maliak Jones - Suspension - Detroit PD

On August 11, 2004, Detroit Police Officer Maliak Jones [while off duty] pulled her service weapon during a domestic altercation with her friend's ex-husband.Officer Jones was charged with felonious assault.

Also See:

Officer Maliak Jones - pulled her duty gun during domestic with friend's ex. [Aug 11, 2004]

http://michiganoidv.blogspot.com/2004/08/officer-maliak-jones-detroit-police.html

BOARD OF POLICE COMMISSIONERS
Minutes of the Regular Board of Police Commissioners Meeting
Thursday, August 19, 2004
The regular meeting of the Detroit Board of Police Commissioners was held on
Thursday, August 19, 2004, at 3:00 p.m., at Police Headquarters, 1300 Beaubien – Rm. 328-A, Detroit, Michigan 48226


4. SECRETARY’S REPORT – EXECUTIVE DIRECTOR GOSS
SUSPENSIONS.
On August 19, 2004, Police Officer Maliak Jones, badge 3706, assigned to the Thirteenth Precinct, was suspended without pay by Chief Ella M. Bully-Cummings.

On August 11, 2004, the Professional Accountability Bureau, Internal Affairs Section was notified of an allegation of misconduct on the part of Officer Maliak Jones. More specifically, the allegation concerned unjustified and/or excessive use of force against a citizen.

As a result, the Internal Affairs Section initiated an investigation, which revealed the following:

On August 11, 2004, at approximately 7:00 p.m., Officer Jones was off duty when she and her friend arrived at a residence, located on Buena Vista, within the city of Detroit.

At that time, Officer Jones' friend became involved in a verbal altercation with her former husband (hereinafter the victim). As the verbal confrontation escalated, Officer Jones stepped in, grabbed the victim by the chest and stated words to the effect, "Bitch, I will fuck you up."

As Officer Jones and the victim continued to struggle, Officer Jones pulled her Detroit Police Department issued firearm (hereinafter DPD firearm),pointed her DPD firearm at the victim and stated, "Bitch, I'll shoot you."

Eventually, upon prompting from her friend, Officer Jones put her weapon away. The victim then grabbed Officer Jones' car key, ran into the house, locked the door, and called the police.

There were several independent witnesses to the incident who were able to confirm the events as described herein.

On August 12, 2004, a warrant request was presented to the Wayne County Prosecutor's Office for “Felonious Assault,” contrary to MCL 750.82, the result of which is pending. Felonious Assault is a felony punishable by four (4) years in prison and/or a fine of $2,000.00.

Based on the above circumstances, it is recommended that Officer Jones be charged with, but not limited to the following violation of the Detroit Police Department Rules and Regulations:
CHARGE: CONDUCT UNPROFESSIONAL; CONTRARY TO THE LAW ENFORCEMENT CODE OF ETHICS, THIS BEING IN VIOLATION OF THE DETROIT POLICE DEPARTMENT MANUAL, SERIES 100, DIRECTIVE 102.3-5.7, CONDUCT UNBECOMING AN OFFICER, COMMAND 3.
Unless contravened by this Commission, the above suspension without pay will stand.
Exec. Dir. Goss stated oral arguments will waived for two weeks.

There were no contravention’s to the above suspension without pay.

08142004 - Chief Kenneth Norton - Colon PD

Also See:

Deputy Kenneth Norton dismissed from St. County Sheriff Department for CSC allegations [1994]

 In August 2004, Colon Police Chief Kenneth Norton sexually assaulted an acquaintance while he was on duty. During the investigation of the victim's complaint, other  victims of Norton's  stepped forward...Including a victim from 1994.

It was discovered during the 2004 - 2005 investigation that before he was Chief of Police for Colon, Kenneth Norton was a deputy on the St. County Sheriff Department.  He was terminated from the sheriff department in  August 1994, after a victim filed a CSC complaint against him. Criminal charges were never filed against him AND on April 15, 1995, Kenneth Norton became Colon's Chief of Police.

Former police chief given probation
Saturday, October 8, 2005
Kalamazoo Gazette
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-15/1128766907256390.xml&coll=7

CENTREVILLE -- Former Colon Police Chief Kenneth Norton will escape a jail sentence but must serve three years' probation for fondling a woman while he was on duty.

A Calhoun County special prosecutor credited the willingness of "several other women" to testify about their own alleged, past sexual abuse by Norton at his sentencing Friday on the fourth-degree criminal sexual conduct charge.

Norton, who pleaded guilty to fondling a 33-year-old Colon woman in her residence while he was in uniform and on duty in August 2004, was sentenced to three years' probation, avoiding serving 90 days in jail as long as he complies with the terms of his probation.

The sentence means Norton, who resigned as Colon police chief Aug. 13 following the charges, will lose his law enforcement certification and must register his whereabouts on the Michigan State Police Sexual Offender Registry. He also was ordered to pay fines and costs totaling $2,217.

Calhoun County Assistant Prosecutor Deirdre A. Ford, acting as special prosecutor, confirmed Friday that several other women contacted investigators about Norton after the Colon woman's case became public. She declined to give an exact number but said other alleged victims claimed to have had "similar experiences."

In an interview with the Kalamazoo Gazette, the victim said Ford told her that the case against Norton became stronger when additional women agreed to testify if the matter went to trial.

Shortly after the additional women came forward, Ford added two other, more serious charges to the woman's complaint that were later dropped in exchange for Norton's guilty plea.

Ford said she agreed to drop second-degree criminal-sexual conduct and felony firearms charges in exchange for Norton's plea to fourth-degree criminal-sexual conduct to save the victim from having to testify at trial.

It is the Kalamazoo Gazette's policy not to reveal the names of sexual-assault victims unless they agree to be identified. The woman declined, saying she has not disclosed what happened even to some family members.

"I'm satisfied with the sentence for this particular offense," Ford said after the proceeding. "But it's not a sentence for prior incidents."

Defense attorney J. Richard Colbeck, of Coldwater said the former police chief had begun counseling and was "well on the way to recovery."

But Ford cautioned that Norton should be under close scrutiny during his probation.

"This individual needs very, very close monitoring during the course of his probation so as not to have a repeat of this again," Ford told St. Joseph County Circuit Judge Paul Stutesman.

The Colon woman who filed the charges and another woman who made similar allegations against Norton in 1994 were both in the courtroom Friday for the sentencing.

Norton declined an opportunity to speak prior to sentencing. He responded quietly to several questions directed to him during the proceeding and left the courtroom immediately afterward without comment. Colbeck also declined comment.

Friday's sentencing means Norton must forfeit his permit to carry a concealed weapon and relinquish any firearms, including hunting rifles that Colbeck had sought unsuccessfully to allow Norton to retain. Ford said other offenders generally get no exception that allows them to hunt and argued that Norton should be treated no differently.

Norton resigned from his $60,000-a-year police chief's post Aug. 13 after the charges were filed. Prior to his 10 years as Colon's chief he was a St. Joseph County Sheriff's Department deputy for 18 years.

County records show he was suspended in July 1994, and then dismissed from the sheriff's department in August 1994, following a sexual-misconduct allegation. But a Kalamazoo County special prosecutor reviewed that case and did not issue criminal charges.

In November 1995, St. Joseph County paid Norton $5,000 to settle the grievance he had filed to get his job back and allowed him to resign.

Norton was hired as Colon's chief April 15, 1995.

In defense comments before sentencing Friday, Colbeck said publicity surrounding Norton's charges had become "a media event and beyond" and suggested that he could easily have presented "well over 100 witnesses to talk about the good (Norton) has done."

Colbeck called the incident "unfortunate, illegal and improper" and said Norton has voluntarily begun counseling and "deeply regrets" the offense.

"My client is well on the way to recovery and he offers his apologies to the victim," Colbeck said.

Ford called Norton's admission that he moved the woman's shirt to expose part of her breast and then reached inside her shirt to fondle her "particularly egregious," because he was on duty as a police officer and Colon's police chief at the time of the incident.

                     












Ex-police chief avoids jail time
Due to a plea agreement, the former Colon law enforcer will lose his certification.
By KATHY JESSUP
South Bend Tribune
September 05, 2005
http://www.southbendtribune.com/stories/2005/09/05/local.20050905-sbt-MICHBEx_police_chief_avoi.sto

CENTREVILLE -- Former Colon Police Chief Kenneth Norton will lose his law enforcement certification and will be listed on Michigan's sex offender registry, but he's expected to stay out of jail for his guilty plea last week to one charge of fourth-degree criminal sexual conduct.

Calhoun County assistant prosecutor Deirdre A. Ford, acting as special prosecutor in the case, agreed to drop two additional felony charges in exchange for Norton's plea and his participation in a sexual offender treatment program.

Norton, 60, of Colon, was originally charged July 6 with fourth-degree criminal sexual conduct for an Aug. 14, 2004 incident when a Colon woman alleged that Norton exposed part of her breast and then fondled her without her consent. Police reports indicated Norton, then Colon's top law enforcement officer, was in uniform when he came to the woman's home during his work shift.

Ford subsequently amended the complaint to add charges of second-degree CSC in which a weapon was used and a felony firearms violation, both charges that could have brought mandatory jail time.

A Michigan State Police affidavit said Norton initially admitted to investigators that he had exposed part of the woman's breast, but he denied touching her. However, last week Norton told St. Joseph Circuit Judge Paul Stutesman that he did touch the woman's breast without her permission during a visit to her residence.

Judge Stutesman set Norton's sentencing for Oct. 7 and agreed to continue his personal recognizance bond.

The fourth-degree CSC charge carries a maximum punishment of up to two years in jail and/or a $500 fine, plus mandatory testing for HIV and sexually-transmitted diseases. It also will require Norton to register his whereabouts on Michigan's Sex Offender Registry.

Defense attorney J. Richard Colbeck, of Coldwater, Mich., told the court Norton already has begun a sex offenders treatment program also required in the plea arrangement negotiated with Ford. Terms of that plea agreement are expected to keep Norton from serving any jail time if he satisfies all other conditions of the deal.

Eliminating the two felony charges will not save the long-time police officer's law enforcement certification, however. Larry Jones, an investigator in the Michigan Commission on Law Enforcement Standards compliance section, said sentencing for any crime that has a penalty of one year or more of jail time forces the permanent revocation of a police officer's certification. Fourth-degree CSC has a maximum jail penalty of two years.

Norton was reported on an extended, planned vacation and made no public comments when the charge was announced in early July. The Colon Village Council took no immediate action to change the longtime chief's employment status. But trustees subsequently met behind closed doors before publicly announcing the chief's resignation in late August.

Norton responded to court questions during last week's brief plea hearing in a quiet, hesitant tone and had no comment when leaving the courtroom. A St. Joseph County Sheriff's Department deputy assigned to courthouse security hugged Norton and offered him words of encouragement before returning to her post.

Ford acknowledged that Norton has strong support in the community and among law enforcement officials.

                   










Ex-chief to receive back pay
Thursday, August 18, 2005
The Kalamazoo Gazette
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-0/1124378483261560.xml&coll=7

Former Colon Police Chief Kenneth Norton will receive about $4,800 in back sick pay following his resignation Tuesday, Village Council President Anthony Wolowicz said.

Council members voted unanimously to give Norton the lump sum as he departs the post he's held for a decade. The figure amounts to about half of the sick pay Norton had accumulated before his departure, Wolowicz said.

Norton's resignation came six weeks after he was charged with fourth-degree criminal sexual conduct accusing him of inappropriately touching a woman.

Additional charges of felony firearm and second-degree criminal sexual conduct in which a weapon was used were filed recently against the 60-year-old in the case.

Norton had been on vacation since early July.

A police affidavit said Norton, a Colon resident, was in uniform when he came to a 33-year-old woman's apartment, made comments about her breast, pulled on her shirt to expose part of her breast, then put his hand down her shirt and fondled her.

The affidavit says Norton admitted to moving the woman's shirt to expose part of her breast, stating that he thought the woman was willing to allow that. He denied he fondled her.

The woman made a complaint with authorities shortly after the Aug. 14, 2004, incident, according to Michigan State Police investigators. A special prosecutor from Calhoun County was assigned to the case.

Wolowicz said Sgt. Mark Brinkert has been put in charge of the police department. Officials will discuss filling the chief's position at its Sept. 13 meeting.

                     











Chief resigns ‘with regrets’
8/17/2005
By Amanda VanAuker
Sturgis Journal, MI
http://www.sturgisjournal.com/main.asp?SectionID=2&SubSectionID=65&ArticleID=19240&TM=78334.33

COLON — Colon Police Department Chief Ken Norton submitted his resignation “with regrets” to the Colon Village Council Tuesday night after a special meeting to discuss the matter.

After going into closed session with Norton and his attorney, J. Richard Colbeck of Coldwater, the board reconvened to approve a motion to accept Norton’s resignation.

They also agreed to pay Norton a portion of his accumulated sick time, totaling more than $5,000.

The village chief of many years has been charged in St. Joseph County with fourth-degree criminal sexual conduct, second-degree criminal sexual conduct and a felony firearms charge. He entered a not-guilty plea to all charges earlier this month in Calhoun County.

The charges stem from accusations that Norton inappropriately touched a Colon woman in August 2004 at her apartment while he was on duty.

The council members would not say who would replace Norton, only that they would discuss the matter at their next board meeting Sept. 13.

                   











Facing sex charges, police chief quits
Wednesday, August 17, 2005
The Kalamazoo Gazette
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-0/1124292047303350.xml&coll=7

Colon Police Chief Kenneth Norton resigned Tuesday, six weeks after he was charged with fourth-degree criminal sexual conduct involving the inappropriate touching of a woman.

Additional charges of felony firearm and second-degree criminal sexual conduct in which a weapon was used also recently were filed against Norton in the case.

Colon village officials accepted Norton's written letter of resignation at a special meeting Tuesday night, Village Council President Anthony Wolowicz said.

Wolowicz said council members were told of Norton's resignation request during a closed session. The council reconvened in public and Wolowicz announced the chief's resignation, he said.

Norton, 60, had been on vacation since early July when the fourth-degree criminal sexual conduct charge against him became public. A police affidavit said Norton, a Colon resident, was in uniform when he came to a 33-year-old woman's apartment, made comments about her breast, pulled on her shirt to expose part of her breast, then put his hand down her shirt and fondled her.

The affidavit says Norton admitted to moving the woman's shirt to expose part of her breast, stating that he thought the woman was willing to allow that. He denied he fondled her.

The woman made a complaint with authorities shortly after the Aug. 14, 2004, incident, according to Michigan State Police investigators. A special prosecutor from Calhoun County was assigned to the case.

Fourth-degree criminal sexual conduct carries a maximum penalty of up to two years in prison, second-degree criminal sexual conduct is a 15-year felony and felony firearm carries a mandatory two-year minimum sentence.

Wolowicz said village officials will discuss filling Norton's position at its next regular meeting Sept. 13.

                       









More charges for chief
Additional allegations made; Norton pleads not-guilty
Sturgis Journal, MI
Aug 5, 2005
By Kathy Jessup Journal correspondent
http://www.sturgisjournal.com/main.asp?SectionID=2&SubSectionID=65&ArticleID=19158&TM=37157.95

CENTREVILLE — Colon Police Chief Kenneth Norton entered a not-guilty plea this week in a case of criminal sexual conduct allegations.

Norton is charged for accusations that he fondled a Colon woman’s breast in August 2004 while he was on duty.

But a Calhoun County prosecutor has added two more charges. If Norton were convicted of those charges, it could result in mandatory jail time and a loss of his police certification.

Meanwhile, a Michigan State Police investigator said Thursday “other people” have come forward with claims that they experienced similar sexual abuse by Norton.

“We have some old instances that are similar, but at this point nothing is chargeable,” said Michigan State Police Detective Sgt. Michael Spring of the Paw Paw Post. “The other residents said they have had contact with him, but they’re too long ago to pursue. They would testify if this comes to trial.”

Spring declined to elaborate on the identity of others who made claims or what they have told police.

According to Anthony Wolowicz, Colon village president, and J. Richard Colbeck, Norton’s Coldwater attorney, Norton has been “on vacation” since early July, when the charges first became public.

Norton has been unable to be reached for comment. Colon village attorney David C. Tomlinson has continued to say the situation is under study and that the Colon Village Council currently has no meeting scheduled to consider any change in Norton’s employment status.

Calhoun County assistant prosecutor Deirdre Ford was named special prosecutor in the case after St. Joseph County prosecutors disqualified themselves, citing previous law enforcement relationship with the defendant. Ford initially charged Norton with fourth-degree criminal sexual conduct, which includes inappropriate touching with force or coercion.

A St. Joseph County Circuit Court official said the charges were recently amended to add a more serious count of criminal sexual conduct, second-degree, in which a weapon was used, along with a felony firearm charge.

A police affidavit indicated Norton, a Colon resident, was in uniform when he came to a33-year-old woman’s apartment. According to the affidavit, he allegedly made comments about her breast, pulled on her shirt to expose part of her breast, then put his hand down her shirt and fondled her.

The police affidavit says Norton admitted to moving the woman’s shirt to expose part of her breast, stating that he thought the woman was “willing” to allow that. He denied having fondled her.

The report does not indicate a firearm was drawn or threatened. The woman told police “she did not know what to do because Norton was working and in full uniform.”

Fourth-degree criminal sexual conduct carries a maximum penalty of up to two years. Second-degree CSC is a 15-year felony, and a felony firearm charge carries a mandatory two-year minimum incarceration, Spring said.

According to Spring, the alleged victim made a complaint shortly after the August 14, 2004, incident. But he said charges did not come until 11 months later due to a “long delay in getting a special prosecutor.”

Norton has been free on a $2,500 bond and ordered to have no contact with the complainant.

Calhoun County Prosecutor John Hallacy declined to comment Thursday about whether the additional charges were brought to pressure Norton to plead guilty to the original, lesser charge.

“We added those charges based on the facts and the circumstances of the case,” Hallacy said.

Colbeck said Thursday he does “not see this going to trial.”

Norton, a former St. Joseph County Sheriff’s deputy, has been Colon’s police chief for more than a decade.













Chief waives hearing
Colon's top officer to appear Aug. 22 in criminal sexual conduct case
July 22, 2005
South Bend Tribune
By KATHY JESSUP
http://66.102.7.104/search?q=cache:b_HIx9lJG00J:www.southbendtribune.com/stories/2005/07/22/local.20050722-sbt-MICH-B1-Chief_waives_hearing.sto+police+chief+norton+colon&hl=en

CENTREVILLE -- Colon Police Chief Kenneth Norton, who is facing criminal sexual conduct charges, waived his preliminary examination that had been scheduled for this week and has been bound over to St. Joseph County Circuit Court for an Aug. 22 arraignment.

Meanwhile, Colon village attorney David C. Tomlinson said he's examining the case to determine whether the village should make any change in Norton's work status.

Tomlinson said he was not prepared to comment yet on whether the Colon Village Council might consider suspending Norton while he faces charges that he fondled a Colon woman's breast while he was on duty in the village.

According to St. Joseph County District Court officials, a pre-examination conference earlier this week resulted in Norton waiving the preliminary examination.

Norton was bound over for an Aug. 22 arraignment and remains free on a $2,500 personal recognizance bond.

The Calhoun County Assistant Prosecutor Deirdre Ford is handling the case after St. Joseph County Prosecutor Douglas Fisher asked the Michigan Attorney General's Office to reassign it because of the law enforcement relationship between county prosecutors and the longtime local officer.

Case investigation was handed off to the Michigan State Police at Paw Paw after the White Pigeon Post cited a similar conflict.

In an affidavit of probable cause filed by Michigan State Police Detective Sgt. Michael Spring, Norton admitted to partially exposing a Colon woman's breast Aug. 14, 2004, saying he thought the woman was a willing participant.

But the affidavit says Norton denied the 33-year-old woman's allegations that he then put his hand down the inside of her shirt and fondled her.

The woman alleges Norton came to her apartment while he was on duty, but the affidavit does not indicate the reason for Norton's visit.

"(The woman) stated she did not know what to do because Norton was working and in full uniform," Spring said in his June 21 affidavit.

Norton earlier entered plea of not guilty to a charge of fourth-degree criminal sexual conduct involving inappropriate touching involving force or coercion.

The charge carries possible penalties of up to two years imprisonment and up to a $500 fine.


                   









Colon police chief will face trial for sex charges
WWMT, MI
Jul 22, 2005July 22, 2005 - 4:51PM
http://www.wwmt.com/engine.pl?station=wwmt&id=18119&template=breakout_local.html

July 22, 2005 - 4:51PM (NEWS 3) – Colon Police Chief Kenneth Norton is headed to trial after waving his preliminary hearing on criminal sexual conduct charges.

Michigan State Police investigated a complaint against Norton. He's accused of inappropriately touching woman while he was on duty.

The trial date has not been set. Norton faces up to two years in prison if he's found guilty.

                     









Colon chief charged
Thursday, July 07, 2005 By Lynn Turner
Kalamazoo Gazette, MI
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-0/1120760449107870.xml

COLON -- Village Police Chief Kenneth Jon Norton was arraigned Wednesday on a charge of fourth-degree criminal sexual conduct and accused of inappropriately touching a female.

Investigators from the Michigan State Police began looking into the case when the alleged victim, a 33-year-old Colon woman who is an acquaintance of Norton, 60, came forward in August, Detective Sgt. Mike Spring said.

Spring said the charge against Norton stems from a single incident that is alleged to have occurred Aug. 14 in the village of Colon. He declined to give a specific location within the village or provide other details.

Norton's preliminary examination is scheduled for July 21. St. Joseph County Prosecutor Douglas Fisher disqualified himself from the case, and it was handed over to Calhoun County in December, Calhoun County Prosecutor John Hallacy said.

Typically, a county prosecutor will disqualify his office from pursuing a case against a law enforcement officer in his jurisdiction and ask for another county's assistance.

Colon Village Council member Rita Spearow said she hadn't heard anything about the matter until contacted by a Kalamazoo Gazette reporter.

"The last time I talked to him (Norton), he worked the fourth (July 4) and then he was supposed to go on vacation," she said.

"I've never heard anything against him. Yeah, there are some people who are against him because he got after them for doing something they shouldn't have. Personally, I have no complaints. He's been super."

Spearow said she wasn't sure, but estimated that Norton had been police chief of the village for at least 10 years.

The Gazette was unable to reach Village Council President Anthony Wolowicz.

If convicted of the misdemeanor, Norton could face up to two years in prison and a fine of $500.

Fourth-degree criminal sexual conduct is defined as sexual contact and force or coercion or victim incapacity or being a Department of Corrections worker whose victim is an inmate.