09192005 - C.O. David Dorland - Sentenced - Antrim County SD

Also See:

Corrections officer Dorland - CSC

http://michiganoidv.blogspot.com/2002/11/corrections-officer-david-dorland.html

 

 

Ex-corrections officer sentenced to prison
Week in review :ANTRIM
September 25, 2005
http://archives.record-eagle.com/2005/sep/25week.htm

BELLAIRE - A former Antrim County corrections officer who confessed to having sexual contact with up to nine female jail inmates will himself experience years behind bars.

David R. Dorland was sentenced to three years and four months to five years in prison Monday. Thirteenth Circuit Judge Thomas Power exceeded state sentencing guidelines, which he said "do not adequately address the abuse of authority that occurred here."

Dorland, 44, of Torch Lake Township, pleaded guilty to attempted criminal sexual conduct in the second degree, and two counts of gross indecency. Conditions of Dorland's plea agreement included that he resign as an Antrim corrections officer, where he had been suspended without pay; that he register with the state as a sex offender; and that he give a full disclosure to the Michigan State Police of his inappropriate actions with inmates, county prosecutor Charles Koop said.











Former Antrim County officer will go to prison
David Dorland had sexual contact with inmates
September 20, 2005
Record-Eagle staff writer
http://static.record-eagle.com/2005/sep/20dorland.htm

BELLAIRE - A former Antrim County corrections officer who confessed to having sexual contact with up to nine female jail inmates will himself experience years behind bars.

David R. Dorland was sentenced to three years and four months to five years in prison Monday. Thirteenth Circuit Judge Thomas Power exceeded state sentencing guidelines, which he said "do not adequately address the abuse of authority that occurred here."

Dorland took advantage of a position of trust, victimizing women, damaging the reputation of the sheriff's department and corrupting morale inside the jail, Power said.

"When I send somebody to jail, I certainly don't send them for the purpose of being molested. This is very distressing," Power said.

Dorland, 44, of Torch Lake Township, pleaded guilty to attempted criminal sexual conduct in the second degree, and two counts of gross indecency. Conditions of Dorland's plea agreement included that he resign as an Antrim corrections officer, where he had been suspended without pay; that he register with the state as a sex offender; and that he give a full disclosure to the Michigan State Police of his inappropriate actions with inmates, county prosecutor Charles Koop said.

Koop said Dorland granted favors to female inmates who consented to sex acts with him, such as making them jail trustees, giving them increased family visitation time, and gifts of cigarettes and soda pop.

Dorland's attorney, Joseph Aprea(*) of Traverse City, noted that each of Dorland's victims "indicated they willingly participated in this sexual conduct," and at least one of the situations was a "reciprocal romantic relationship" that continued after the inmate left the jail.

Koop, however, said a truly consensual relationship with the women was impossible, given Dorland's position of authority over them, and the inmates' reliance on their jailers for all necessities and privileges.

"Mr. Dorland used the county jail as his personal harem," Koop said. "He selected vulnerable women and exploited them."

Dorland sobbed as he apologized to Power and to one of the victims in attendance, who also wept. Dorland also apologized to members of the county sheriff's department and his fellow corrections officers, several of whom were present, grim-faced, in the courtroom."I let you down," Dorland said.

Clearing the RecordBecause of a reporter’s error, this story wrongly identified Dorland’s attorney. His attorney was James Aprea of Traverse City.






Jail guard pleads guilty to felony sex counts
Week in review: ANTRIM
August 21, 2005
http://archives.record-eagle.com/2005/aug/21week.htm

BELLAIRE - An Antrim County corrections officer pleaded guilty to three felony counts related to inappropriate sexual contact with jail inmates.

David R. Dorland, 44, of Torch Lake Township, pleaded guilty Tuesday to two counts of gross indecency and one count of attempted criminal sexual conduct in the second degree, each felonies punishable by up to five years in prison, county Prosecutor Charles Koop said.

09092005 - Unnamed Police Officer - Lansing PD

September 09, 2005: UNNAMED OFFICER, Lansing Police Department

Lansing officer will not face charges
Lansing State Journal, MI
November 10th, 2005
http://www.lsj.com/apps/pbcs.dll/article?AID=/20051110/NEWS01/511100340/1001/news

Livingston County prosecutors have decided not to issue charges against a Lansing police officer arrested in connection with a September domestic assault. Authorities said they felt they couldn't prove their case beyond a reasonable doubt because of factors including inconsistent statements by the complainant, Prosecutor David Morse said.

The officer, who was not identified because he was never officially charged, returned to work in mid-October, Lansing Lt. Bruce Ferguson said.









Lansing cop arrested on domestic
Published September 14, 2005
Lansing State JournalLocal news briefs
http://www.lsj.com/apps/pbcs.dll/article?AID=/20050914/NEWS01/509140344/1001/news

A Lansing police officer is on paid administrative leave after being arrested in connection with a domestic assault Friday, police Chief Mark Alley said Tuesday.

Mason police are investigating because the officer was arrested there, and the Livingston County Prosecutor's Office is handling the case. Ingham County Prosecutor Stuart Dunnings III said his office is not handling the case because it would be a conflict of interest; the officer is serving as a key witness in another investigation.

Neither Dunnings nor Alley would identify the officer or provide details on the case. Alley said the officer will be on leave until the case is resolved or until the department conducts a thorough internal investigation.

09082005 - Buena Vista State C.O. Ronald Mielcarek - Appeal Filed

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

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

08152005 - Buena Vista State C.O. Ronald Mielcarek - Sentenced 

09082005 - Buena Vista State C.O. Ronald Mielcarek - Appeal Filed

03092006 - Buena Vista State C.O. Ronald Mielcarek - Appeal Filed - Juror Prejudice

11162006 - Buena Vista State C.O. Ronald Mielcarek - Appeal - Conviction Affirmed

08162007 - Buena Vista State C.O. Ronald Mielcarek - Appeal - Affirmed In Part And Remanded For Resentencing

10152007 - Buena Vista State C.O. Ronald Mielcarek - Resentenced Per Appeal Opinion [08162007]

09082005--Ronald-Mielcarek--Appeal-Filed--Docket

11162006--Ronald-Mielcarek--Appeal--Opinion--Conviction-Affirmed

09012005 - C.O. Edward Elvert - Murder/Suicide - Murdered girlfriend Beth Thompson

Beth Thompson: Murdered by her boyfriend, Corrections Officer Edward Elvert. September 01, 2005.

Ionia prison employees found dead in home
September 2, 2005
ASSOCIATED PRESS

An unmarried couple who worked at an Ionia prison were found shot to death in their home in an apparent homicide-suicide, Ionia County sheriff's deputies said.

The bodies of Beth Thompson, 42, and Edward Elvert, 44, were discovered around 7 a.m. Thursday by Thompson's high school-age daughter, Sheriff Dwain Dennis said.

The daughter found her mother's body in a chair in the living room and the boyfriend's body on the living room floor. Dennis said it appeared the boyfriend fired the shots and that each person had been shot once, The Grand Rapids Press reported.

Deputies found a .38-caliber revolver near the man's body, the sheriff said. They did not find any suicide notes.

The Michigan Department of Corrections confirmed that Thompson and Elvert were employed at Bellamy Creek Correctional Facility.

The man was hired as a corrections officer in 1981 and promoted to sergeant in 1986, while the woman had worked in food service since 1998.













2005 Michigan Homicide List
The New Citizens Press

http://www.thenewcitizenspress.com/Articles/tabid/1800/articleType/ArticleView/articleId/289/Default.aspx

Beth Thompson - 42 Ionia, Mi.On September 1, the body of Beth Thompson and her boyfriend, Edward Elvert, were discovered by Beth's 20 year old daughter in their home. Police believe that Elvert shot Beth and them himself in an apparent murder-suicide. Both Beth and Elvert were employees of the Dept. of Corrections.













My Name is Beth Thompson
http://www.gvsu.edu/women_cen/index.cfm?id=6C6A4A53-0346-F725-D4EB84707D1898CB

I am 42 years old and live in Ionia, Michigan.

On September 1st my body and the body of my boyfriend, Edward Elvert, were discovered by my 20 year old daughter in my home.

Police believe that Edward shot me and then himself in an apparent murder-suicide.

We were both employees of the Department of Correction.

My name was Beth Thompson.

Remember my name.

09012005 - Detective Guy Picketts Jr. - Calhoun County SD

Also See:
http://michiganoidv.blogspot.com/2004/12/officer-doug-graham-battle-creek-pd.html


An OIDV victim's horror story at the hands of Detective Guy Picketts Jr. [Calhoun SD]

December 16, 2004: Dispatcher Sonte Rounda Everson [Battle Creek PD] was sexually assaulted by her ex-boyfriend, Officer Doug Graham [also of the Battle Creek PD]. However, Sonte was afraid to report the incident, and did not report it for almost a year and only at the urging of her counselor.

September 2005: Dispatcher Everson reported the December assault to Detective Guy Picketts Jr. [Calhoun SD], who failed to properly investigate her complaint.

August 16, 2006: Everson filed a complaint against Detective Picketts for his failure to properly investigate her complaint.

August 22, 2006: Detective Picketts had Everson charged and arrested for filing a false police report [December 16, 2004 assault].

May 2007: At a court hearing, the charges for filing a false police report against Everson were dropped.

May 2007: As Everson was leaving the courthouse from having the charges dropped, Detective Pickett had her re-charged and re-arrested on new charges for filing a false police report.

February 2008: Charges of filing a false police report were once again dismissed against Everson.

August 12, 2012: Everson won a $1,000,000 lawsuit for the retaliation she was subjected to at the hands of Detective Guy Picketts.



"This has been a long ordeal. To survivors of sexual assault and domestic violence, know that you have the right to stand up for your life, no matter who the perpetrator is. Justice will eventually prevail." Sonte Rolina Everson.

           







Linda Everson, Named As "Linda (Sonte) Everson," Aka Sonte v. Calhoun County, et al
http://www.law.com/jsp/decision_friendly.jsp?id=1202489051659
6th Cir.
01-24-2011
Cole, Circuit Judge.
09-2183
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 11a0053n.06
BEFORE: BOGGS, COLE, and CLAY, Circuit Judges.

OPINION

In this 42 U.S.C. § 1983 action for First Amendment retaliation, Defendant-Appellant Gary Picketts appeals on qualified immunity grounds the district court's order granting in part and denying in part his motion to dismiss and alternative motion for summary judgment.*fn1 For the following reasons, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual History

1. The Police Report & Initial Investigation of Graham In September 2005, Plaintiff-Appellee Linda Everson reported to the Calhoun County Sheriff's Office that, on December 16, 2004, her then-boyfriend Officer Doug Graham of the Battle Creek Police Department forcibly sodomized her during an otherwise-consensual sexual encounter. She stated that she had broken up with Graham and, unsure how to proceed, confided in friends, a counselor, and her physician about the sexual assault before finally deciding to file a police report.

Calhoun County Detective Guy Picketts handled the investigation into Graham's conduct. He interviewed Everson; several of Everson's friends and coworkers in the police department, all of whom confirmed that Everson reported being sexually assaulted by Graham; and Everson's doctor. He also interviewed Graham, who denied that the sodomy occurred and suggested that Everson filed the report out of spite when she found out that he was marrying another woman. Picketts interviewed Everson's friend Sheri Lemonious as well. Although Picketts reported in 2005 that Lemonious said Everson described the sodomy as consensual, Lemonious attested in 2009 that she told Picketts the opposite. Everson alleges that Picketts failed to interview several important witnesses during his investigation.

Picketts submitted a report of his investigation to the Calhoun County Prosecutor's Office, which recused itself on conflict-of-interest grounds. In January 2006, the Branch County prosecutor reviewed Picketts's report and declined to prosecute Graham for sexual assault.

2. Everson's Speech

Upset by the decision not to prosecute, Everson publicly criticized Picketts loudly and repeatedly, accusing him of not doing his job and being "just part of the good ole boy system." She mentioned her complaints to colleagues in law enforcement, at least one of whom relayed her statements to Picketts. Everson also met with Picketts's boss on August 16, 2006, to initiate a formal complaint against Picketts and sent a letter to the Calhoun County prosecutor on August 31, 2006, asking him to take action about her concerns regarding Picketts's investigation of Graham.

3. Picketts's Investigation & Arrest of Everson

Picketts began documenting Everson's comments in a new investigative report-this time against Everson. On August 22, 2006, Picketts interviewed Ethel Fitzpatrick ("Mrs. Fitzpatrick"), Everson's former friend, who stated that Everson had told her that the sexual assault had never occurred. Picketts did not confront Everson about the allegations, and eight days later, he requested an arrest warrant for Everson for the felony of filing a false police report. Everson alleges that Picketts opened the investigation against her before he interviewed Mrs. Fitzpatrick. Everson also alleges that Picketts lied about the first time he met Mrs. Fitzpatrick. Keith Fitzpatrick ("Mr. Fitzpatrick"), Mrs. Fitzpatrick's husband, asserts that at some point Picketts came to their house, told them that he had a personal dispute with Everson, and spoke with Mrs. Fitzpatrick at length and in private. Mr. Fitzpatrick attested that he could not remember whether the in-home meeting took place before or after the August 22, 2006 interview. But he also stated that he had never seen Picketts before the in-home meeting, and both Fitzpatricks were present for the August 22, 2006 interview.

Calhoun County did not recuse itself from the case against Everson, but rather charged her with filing a false police report. After a preliminary hearing, the Michigan district court found probable cause that Everson had committed the crime and bound her over to the circuit court for trial. The circuit court quashed the bind-over and dismissed the case for lack of evidence. Everson was then rearrested on the same charges, and the case was transferred to Kalamazoo County. On February 1, 2008, the Kalamazoo County Prosecutor dismissed all charges against Everson "in the best interests of justice."

B. Procedural History
Everson filed a complaint against Calhoun County, the prosecutor, and Picketts (collectively, "Defendants") under § 1983, alleging that their actions (1) violated her equal protection rights; and (2) constituted illegal retaliation for the lawful exercise of her First Amendment rights. In response, Defendants filed a motion to dismiss and, in the alternative, a motion for summary judgment. After oral argument, the district court issued an order (1) dismissing the equal protection claim; (2) dismissing the retaliation claim against the prosecutor on absolute prosecutorial immunity grounds; (3) denying the motion in all other respects as to Picketts; and (4) denying the motion in all other respects as to Calhoun County without prejudice to renewal of the motion after the close of all discovery. Picketts filed this appeal, alleging that the district court erred in failing to dismiss all claims against him on qualified immunity grounds.

II. DISCUSSION

A. Standard of Review

This court reviews a district court's denial of summary judgment on qualified immunity grounds de novo. Gregory v. City of Louisville, 444 F.3d 725, 742 (6th Cir. 2006). "We may only review the denial of qualified immunity to the extent that the 'appeal involves the abstract or pure legal issue of whether the facts alleged by the plaintiff constitute a violation of clearly established law.'" Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008) (quoting Gregory, 444 F.3d at 742). The defendant must "be willing to concede the most favorable view of the facts to the plaintiff for purposes of the appeal." Moldowan v. City of Warren, 578 F.3d 351, 370 (6th Cir. 2009).

B. Analysis

In determining whether qualified immunity applies, this court employs a two-step test, considering (1) whether, viewing the allegations in the light most favorable to the injured party, a constitutional right has been violated; and (2) whether that right was clearly established. Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008). We have discretion to undertake the steps in either order. Pearson v. Callahan, 129 S. Ct. 808, 818 (2009).

It is clearly established that "the First Amendment prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out." Hartman v. Moore, 547 U.S. 250, 256 (2006). To state a prima facie First Amendment retaliation claim, Everson must establish (1) protected speech; (2) injury as a result of defendant's actions; and (3) causation. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977).

Picketts first argues that Everson's allegations do not constitute a prima facie retaliation claim because they fail to establish a lack of probable cause, an element of causation. He is correct that § 1983 claims for retaliatory prosecution and arrest fail as a matter of law if the defendant had probable cause. See Hartman, 547 U.S. at 261-62 (Bivens claim for retaliatory prosecution); Barnes v. Wright, 449 F.3d 709, 720 (6th Cir. 2006) (retaliatory arrest). Probable cause exists when an officer has reasonably trustworthy information sufficient to warrant a prudent person in believing that a suspect has committed a crime. Gardenhire v. Schubert, 205 F.3d 303, 315 (6th Cir. 2000). In determining whether probable cause existed in this case, we examine the totality of the circumstances from the perspective of the arresting officer at the time of the arrest. Parsons v. City of Pontiac, 533 F.3d 492, 501 (6th Cir. 2008). In § 1983 actions, the existence of probable cause is a jury question unless only one reasonable determination is possible. Id. (citing Fridley v. Horrighs, 291 F.3d 867, 872 (6th Cir. 2002)).

In this case, there are genuine disputes of material fact about whether Picketts intentionally changed Lemonious's statement in his report, spoke privately with Mrs. Fitzpatrick in her home at length before she gave her formal statement, and influenced the content of Mrs. Fitzpatrick's statement. Viewing the facts in the light most favorable to Everson, a reasonable jury could find that, at the time Picketts sought an arrest warrant for Everson, the information he had collected against her was not reasonably trustworthy. Because more than one reasonable determination as to probable cause is possible, it is therefore appropriate to allow the case to proceed to trial.

Picketts's argument that this court should accept the prosecutor's and state court's findings of probable cause as evidence that probable cause existed is inapposite. Because these probable cause determinations were based only on the evidence that Picketts included in his report-which did not describe the circumstances, as alleged by the plaintiff, surrounding Lemonious's and Mrs. Fitzpatrick's statements-we do not find them probative to the issue of whether Picketts had sufficient reasonably trustworthy information at the time of the arrest.

Picketts also contends that the district court's finding that genuine issues of material fact exist was erroneous because it relied on a series of unreasonable adverse inferences and omitted a number of relevant facts. But the "contention that the district court erred in finding a genuine issue of fact for trial is not the type of legal question which we may entertain on an interlocutory basis." Gregory, 444 F.3d at 743. Although this court has recognized an apparent exception "'where the trial court's determination that a fact is subject to reasonable dispute is blatantly and demonstrably false,'" Moldowan, 578 F.3d at 370 (quoting Wysong v. Heath, 260 F. App'x 848, 853 (6th Cir. 2008)) (internal quotation marks omitted), that exception does not apply here. The district court noted the following disputed facts, among others: (1) when Picketts opened his investigation into Everson; (2) whether Lemonious told Picketts that Everson said she had not been raped; and (3) when and how Mrs. Fitzpatrick surfaced as a witness. All of these facts are material to the existence of probable cause. These facts are also genuinely in dispute: each party answers these questions differently, each party's allegations of fact are supported by witness statements, and no objective evidence makes one party's allegations obviously false. Cf. Scott v. Harris, 550 U.S. 372, 380-81 (2007) (finding no genuine dispute of material fact where video evidence blatantly contradicted the plaintiff's allegation that he was driving carefully). Because the district court's finding of genuine issues of material fact was not blatantly and demonstrably false, we lack jurisdiction to undertake further review in this regard.

III. CONCLUSION

For the reasons discussed above, we AFFIRM the judgment of the district court denying Picketts's motion for summary judgment.

Opinion Footnotes

*fn1 Defendant Calhoun County appealed the district court's determination that it was not entitled to sovereign immunity, but withdrew its appeal of this issue at oral argument.

08162005 - Chief Kenneth Norton - Resigns - Colon PD

Also See:

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

http://michiganoidv.blogspot.com/1994/07/deputy-kenneth-norton-st-joseph-sd.html

Colon Police Chief Kenneth Norton - August 2004 CSC assault and charges

http://michiganoidv.blogspot.com/2004/08/chief-kenneth-norton-colon-pd.html

 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.

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.

                       

08152005 - Buena Vista State C.O. Ronald Mielcarek - Sentenced

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

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

08152005 - Buena Vista State C.O. Ronald Mielcarek - Sentenced 

09082005 - Buena Vista State C.O. Ronald Mielcarek - Appeal Filed

03092006 - Buena Vista State C.O. Ronald Mielcarek - Appeal Filed - Juror Prejudice

11162006 - Buena Vista State C.O. Ronald Mielcarek - Appeal - Conviction Affirmed

08162007 - Buena Vista State C.O. Ronald Mielcarek - Appeal - Affirmed In Part And Remanded For Resentencing

10152007 - Buena Vista State C.O. Ronald Mielcarek - Resentenced Per Appeal Opinion [08162007]

   

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

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

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

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

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

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

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

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

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

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

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













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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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












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

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

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

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

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












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

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

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

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

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

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

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

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













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

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

Jurors deliberated for about 31Ú2 hours.

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

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

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

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

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













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

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

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

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

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

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

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

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

07252005 - Deputy Kevin Chittick - Appeal - Lapeer County SD - Conviction Confirmed 03202007

Previous Posts:

10012001 - Lapeer County SD Deputy Kevin Chittick - 8 Counts Of CSC 

07012002 - Lapeer County SD Deputy Kevin Chittick - 9 Counts Of CSC 

01152004 - Lapeer County SD Deputy Kevin Chittick - Charged With CSC

07112005 - Lapeer County SD Deputy Kevin Chittick - Sentenced - Lapeer County SD

07252005 - Lapeer County SD Deputy Kevin Chittick - Appeal 

05262011 - Lapeer County SD Deputy Kevin Chittick - Writ Of Habeas And Certificate Of Appealability - DENIED

09182020 - Kevin Chittick - Michigan Sex Offender Registry - Lapeer County SD

03202007--Kevin-Chittick--Petition-For-New-Trial--MI-Court-Of-Appeals--OPINION--Conviction-Affirmed

Conviction upheld
The County Press
by SUSAN YOUNGER

April 4, 2007
http://www.countypress.com/stories/040407/loc_20070404003.shtml

Convicted former Lapeer County Sheriff's deputy Kevin Chittick will likely serve out his sentence of seven to 15 years behind bars for having sex with underage girls.

Last Thursday, Michigan Court of Appeals Judge David H. Sawyer, Judge E. Thomas Fitzgerald and Judge Pat M. Donofrio unanimously denied Chittick's request for a new trial, said Lapeer County assistant prosecutor Geoffrey Stuart.

In May 2005, Chittick, 38, was found guilty of 19 counts of criminal sexual conduct. The Grand Blanc man was convicted of 14 counts of third-degree CSC. Chittick also was convicted of five counts of fourth-degree CSC and willful neglect of duty for spending time at the girls' homes while on duty.

The charges stemmed from sexual assaults in Lapeer, Genesee and Oscoda counties from the end of 2001 through 2002. Both girls were between the ages of 13-15 at the time. The allegations came to light in January 2004, when one of the girls told her aunt.

Chittick, through his appeals attorney Mark Sawtawa, claimed he hadn't received a fair trial because Lapeer County Prosecutor Byron Konschuh reviewed computer materials that involved attorney-client matters.

"His computer was seized by the Michigan State Police after it was revealed Chittick had an affinity towards child pornography," said Stuart. "Pornography is a standard grooming technique used to make children think their having sex is normal. There were conversations between Chittick and his attorney on the computer. However, there was no information used at trial that was gained from the seizure."

Through his attorney, Chittick also argued he was denied a fair trial because of hearsay testimony made by his wife during cross examination. His wife said her sister was made uncomfortable by Chittick when he made fun of her underwear and put his hand on her belly.

When Chittick was hired — he began in 1998 and later resigned in May 2003 — there was no way to foresee these actions, said Lapeer County Sheriff Ron Kalanquin previously. Chittick had passed a very stringent written test and was working on his bachelor's degree at the University of Michigan-Flint. Prior to coming on with the LCSD, he had been a paramedic in the Navy with dive experience and received a "glowing recommendation" from his shift supervisor at the Portsmouth, Va., Police Department.

It's likely Chittick will spend at least five more years behind bars before he is eligible for parole unless an appeal request is granted by the Michigan Supreme Court.

"But that's not likely," said Stuart.













Court Denies Deputy A New Trial for molestation charges
March 31, 2007
The Flint Journal
http://www.mlive.com/news/fljournal/index.ssf?/base/news

-Police officers, Kalanquin said, must maintain strong personal and professional ethical values. There are 83 people working for the sheriff's department and, Kalanquin said, they are doing an excellent job. The single incident involving Chittick, Kalanquin said, is disappointing, but it doesn't cast a huge shadow on the department.

"The other employees are doing a marvelous job," Kalanquin said. "I think people understand that sometimes these things happen, despite our best efforts."












Court Denies Deputy A New Trial for molestation charges
March 31, 2007
The Flint Journal
http://www.mlive.com/news/fljournal/index.ssf?/base/news-4/1175343736113500.xml&coll=5

LAPEER , MICHIGAN - A former Lapeer County sheriff’s deputy won’t get a new trial on his 2005 sexual assault conviction, the Michigan Court of Appeals has ruled.

Kevin Chittick, 40, of Grand Blanc Township was sentenced in July 2005 to 7 years 11 months to 15 years in prison by Lapeer Circuit Judge Nick O. Holowka.

Chittick in his appeal claimed errors by his attorney, the prosecutor and judge necessitated a new trial.

In its March 20 ruling, the appeals court said if there were any errors, they did not prejudice the outcome of the trial.

Chittick is serving his sentence at the Muskegon Correctional Facility.

The former deputy was found guilty by a jury of 14 counts of third-degree criminal sexual conduct, five counts of fourth-degree criminal sexual conduct and one count of neglect of duty.

The charges stemmed from relationships Chittick developed with two underage girls.

Chittick met one girl while he was investigating a missing teen in 2001 and began developing a sexual relationship with her while the girl was 13 and 14 in 2001 and 2002.

Another girl, a friend of the first victim, testified that Chittick sexually assaulted her in her backyard pool.

Chittick, who was married, accompanied the girls to a summer horse camp in Oscoda County, where additional sexual assaults occurred.

The first victim’s parents testified they didn’t initially discourage the friendship because Chittick was a deputy, but they later banned her from seeing him after they became suspicious.

Despite knowing the parents’ wishes, a North Branch middle school teacher allowed Chittick to meet with the girl at the teacher’s home, where another sexual assault occurred.

The teacher received a suspension from the district.

07212005 - Assist Prosecutor Stephen Allen - Suspended - Huron County

Also See:

Huron County Assistant Prosecutor Stephen Allen arrested for domestic violence

http://michiganoidv.blogspot.com/2005/07/july-20-2005-assistant-prosecutor.html

Following his arrest for domestic violence against his wife, Deputy Jamie Allen, Assistant Prosecutor Stephen Allen was suspended from his position at the Huron County Prosecutor's Office.

 
Huron County prosecutor will face charges of domestic violence

Thursday, August 25, 2005
By Tom Gilchrist
The Bay City Times
http://www.mlive.com/news/bctimes/index.ssf?/base/news-5/1124982935103520.xml&coll=4

BAD AXE - Bay County Prosecutor Joseph K. Sheeran plans to charge Huron County Chief Assistant Prosecutor Stephen J. Allen with domestic violence for an alleged attack on Allen's wife on July 21.

Stephen Allen, 57, would face a maximum sentence of 93 days in jail if convicted of the crime. Sheeran claims Allen attacked 50-year-old Jamie R. Allen at the Allens' home near Port Hope, in Huron County.

Jamie Allen said her husband spit on her, stomped on her feet, grabbed the sides of her back "really hard" and kicked her Rottweiler dog in the dispute, according to a police report.

Stephen Allen denies harming his wife, spitting on her or kicking the dog, according to the same report.

The state Attorney General's office appointed Sheeran as a special prosecutor to decide whether Stephen Allen should face a criminal charge. Sheeran said his office filed a complaint against Allen in Huron County District Court on Friday, which starts the process of bringing Allen into court for arraignment on a criminal charge.

"We'll handle it and continue to handle it like it's a routine case," Sheeran said.

Workers at Huron County District Court, however, said no complaint had been filed with their court as of Wednesday afternoon.

Sheeran said Huron County District Judge Karl E. Kraus told him he would decline to serve as judge for Allen's case. Sheeran said he expects the State Court Administrative Office would appoint a visiting judge to handle the case.

Huron County Prosecutor Mark J. Gaertner suspended Allen as chief assistant prosecutor following Allen's arrest on the night of the incident.

Stephen Allen had been served with divorce papers the week before the dispute with his 50-year-old wife, Gaertner said.

Jamie Allen - who works as a deputy for the Oakland County Sheriff's Department - told officers she and her husband had argued about who owned the household's two French bulldogs. Stephen Allen told police he was upset about a $2,800 dog-care bill.

Huron County Sheriff's Department Sgt. Gary Polega and Deputy Brandon Kadar took photographs of apparent injuries to Jamie Allen the night of the dispute at the Allen home in Huron Township.

Jamie Allen told police she just wanted her husband to leave for the night and she didn't want officers to arrest him. Gaertner said Jamie Allen doesn't wish to have criminal charges filed against her husband.