Friday, June 23, 2006

06232006 - Deputy Mayor Rick Csapo - Traverse City

June 23, 2006: Traverse City Deputy Mayor/Former Sheriff Deputy Ricky Csapo



 Deputy Mayor / Commissioner Ricky Csapo [left], with his defense attorney.














Csapo fined for domestic violence

He has already sought counseling since June dispute
Traverse City Record Eagle, MI
By VICTOR SKINNER 01/11/2007
http://www.record-eagle.com/2007/jan/11csapo.htm




Former Traverse City deputy mayor Rick Csapo, left, accompanied by his attorney Clarence Gomery, is overcome with emotion while addressing 86th District Court Judge Thomas Phillips at his sentencing at the Robert P. Griffin Hall of Justice in Traverse City. Record-Eagle/Tyler Sipe



TRAVERSE CITY — Former Traverse City commissioner Rick Csapo must pay $750 in fines and court costs and attend counseling sessions but received no additional jail time for assaulting his wife on a downtown street after a night of drinking.
District Court Judge Thomas J. Phillips sentenced Csapo Wednesday to three days in jail with credit for three days already served following the June 23 altercation along West Front Street. Philips also ordered Csapo to stay out of bars. "The important thing is you learn from this so it doesn't happen again,” Phillips said.
Jurors found Csapo guilty of domestic violence Dec. 4 after only 35 minutes of deliberation. Witnesses testified they saw him argue loudly with his wife before he pushed her head against a window.
Csapo's attorney, Clarence Gomery, pointed out that Csapo has voluntarily sought treatment and counseling since the incident. Csapo has already suffered publicly for months and "has done everything possible to apologize,” Gomery said.
"He has lost his job. He has lost his political position. I think that he has gone far and above,” Gomery said.
But Assistant State Attorney General Erin House countered that Csapo has never admitted to assaulting his wife and deserved more jail time.
"He talks about making an error in judgement. He never once admits in his public apology that he assaulted his wife,” House said. "His behavior is appalling.”
An emotional and tearful Csapo talked about his alcohol problems and his struggle to overcome them, but did not apologize for the assault.
"I have not touched a drop of alcohol since June ... nor do I want to,” he said. "I accept my responsibility for that night. I was found guilty by a jury and I accept that.”







Breaking News
Csapo resigns from TC commission
12/11/2006
http://www.record-eagle.com/2006/dec/11resign.htm
TRAVERSE CITY — City commissioner Rick Csapo resigned from the commission Monday morning following his conviction on a misdemeanor domestic violence charge.
Csapo submitted a letter to city Clerk Debbra Curtis tendering his immediate resignation from the commission and other related posts including vice-chairman of the Grand Traverse County Board of Public Works, and chairman of the county's Solid Waste Planning Committee.
"Elected to this office by the citizens of Traverse City has been both an honor and a privilege,” Csapo said in his letter. "I am saddened to resign, but the events of last six months compels me (to) submit this letter.”
He also delivered a written statement apologizing for the incident and for his statements to city police and witnesses during the June 23 incident. Csapo was convicted by a District Court jury last week on a charge of domestic violence stemming from an altercation with his wife on a downtown street. He's scheduled to be sentenced Jan. 10.
A special city commission meeting scheduled for Monday night to discuss a possible request from other commissioners for Csapo's resignation was canceled following Csapo's resignation letter. A commission study session will go on as scheduled.
The commission will discuss filling Csapo's vacancy at its regular meeting Dec. 18 at the Governmental Center.







Officials want an apology
Traverse City Record Eagle, MI
By Vanessa McCray
December 07, 2006
http://www.record-eagle.com/2006/dec/07csapo.htm

TRAVERSE CITY — City Commissioner Rick Csapo should apologize for profane comments he allegedly made about city police during a fracas that resulted in Csapo's domestic violence conviction, several of his fellow board members said.
A jury found Csapo guilty Monday for assaulting his wife during an argument on a downtown street. Police said Csapo appeared intoxicated during the incident.
A city police report recounted how a loudly profane Csapo railed during the June 23 incident against police and a group of young people who witnessed the commissioner push his wife's head into a plate glass window on West Front Street.
Csapo, a retired Grand Traverse County sheriff's deputy, was first elected to the commission in 2001. He did not return repeated calls for comment. Csapo maintained his innocence throughout the trial and said he didn't assault his wife, but tried to calm her.
Mayor Linda Smyka and city commissioners Scott Hardy and Ralph Soffredine said Csapo should apologize for his comments. Smyka called the remarks "very inappropriate” and said there appears to be a "huge discrepancy” between what Csapo "recalls happening and what people report.”
"I was hopeful myself that there would be an apology forthcoming, and that hasn't happened,” she said.
Smyka said Csapo's comments were "inappropriate for anyone ... let alone a city commissioner.”
"There's no excuse for that, in my opinion,” she said.
"I think he owes those officers an apology,” said Soffredine, the former city police chief.
Soffredine termed the statements "unfortunate” and the situation "difficult.” He said he's never heard Csapo make derogatory comments about city police in the past.
"I would agree that if any of us, sober or not, makes statements that are derogatory towards any of city staff, we ought to apologize for those,” said Hardy. "I do think an apology is in order, but, again, that is something else we can't mandate. That is up to Rick.”
Csapo deserves time to sort out how he will respond to the verdict, but should react soon, Hardy said. The commission could have an "ethical responsibility” to release its "public position” on the matter, depending on how Csapo responds, Hardy said.
A city elected official is not removed from office because of a misdemeanor conviction, said city attorney W. Peter Doren.
"There's nothing in the charter ... that talks about what happens when someone is convicted of a misdemeanor,” he said.
Commissioners would be removed from office if convicted of a felony. Thus far, city commissioners have not called for Csapo to resign.
"I am really struggling with it personally because it's been a very difficult thing to go through,” Smyka said. "I haven't really reached any kind of decision in my own mind.”
Soffredine said resignation is a decision for Csapo to make.
Csapo served as mayor pro tem at the time of the incident, but commissioners in November appointed Hardy to that second-in-command post. Csapo is scheduled to be sentenced Jan. 10. The misdemeanor is punishable by up to 93 days in jail and a $500 fine.






Rick Csapo, left, and defense attorney Clarence Gomery listen to assistant state attorney general Erin House at Csapo's trial in 86th District Court. Record-Eagle/Tyler Sipe





Csapo guilty of domestic assault
Traverse City Record Eagle, MI
By VICTOR SKINNER
12/05/2006
http://www.record-eagle.com/2006/dec/05csapo.htm
TRAVERSE CITY — Jurors needed only 35 minutes of deliberation after a daylong trial to find Traverse City Commissioner Ricky Edward Csapo guilty of domestic violence for assaulting his wife during an alcohol-fueled encounter on a downtown street.
Prosecution witnesses on Monday said they saw Csapo, 52, and his wife, Cynthia Csapo, argue loudly on West Front Street the evening of June 23 before he pushed her head against a window and she yelled for help.
"She said, 'call 911.' She was afraid,” said witness Kimberly Ayres, 20. "You can't grab someone's face with the palm of your hand and blatantly shove it into a window.”
Csapo declined to comment after the verdict. Csapo was also absent for Monday night's city commission meeting and could not be reached by phone for comment.
Csapo's lawyer, Clarence Gomery, said Csapo and his wife continued to deny the assault.
"It was their belief that this incident did not happen. They have always maintained there wasn't any assault,” Gomery said. "The jury entered a verdict and we will have to accept that. This matter has dragged on way too long and they are glad that the matter is finally closed and they can go on with their life.”
Csapo is scheduled to be sentenced Jan. 10. The misdemeanor is punishable by up to 93 days in jail and a $500 fine.
Gomery argued throughout the trial that Csapo tried to calm his wife after she had a panic attack brought on by a combination of alcohol, medications and stress.
But Traverse City Police officers at the scene said Csapo was highly intoxicated, uncooperative and yelled profanities, police reports show.
"He appeared to be very irrational,” Traverse City officer Mike Peters testified. "In my opinion, Mr. Csapo was more intoxicated that Mrs. Csapo.”
Csapo testified that he didn't yell at his wife, but instead tried to calm her. He said he grabbed her cheeks with both hands to look her in the eye and never pushed her into the window of a vacant building.
"I could have been stone sober and I would have done the same thing,” Csapo said.
Erin House, a special assistant state attorney general, asked Csapo why several witnesses said they saw the window behind his wife shake.
"I have no idea what hit it,” he said. "My personal belief was it was probably my bag on my shoulder.”
Both Csapos testified that Cynthia never left her husband's side during the duration of the incident, but witnesses and police told another story.
"She started running away and said (call) 911,” said witness James Mang.
Csapo initially was to face another misdemeanor charge for disturbing the peace, but District Court Judge Thomas Phillips dismissed the charge at Gomery's request.
Csapo was first elected to the city commission in 2001.







Judge rejects motion to dismiss Csapo case
Traverse City Record Eagle, MI
By VICTOR SKINNER
November 30, 2006
http://www.record-eagle.com/2006/nov/30csapo.htm
TRAVERSE CITY — City Commissioner Ricky Csapo will go to trial for domestic violence and disturbing the peace after a district court judge denied a motion to dismiss the case.
Csapo's attorney, Clarence Gomery, argued that a prosecutor's dismissal and refiling of charges on Sept. 21 violated Csapo's right to due process and should be considered harassment.
"Those new charges were only brought to bolster her case she wasn't ready for at the time,” Gomery said Wednesday. "This is the whole fundamentals of justice we are talking about here.
"When there is no added evidence or no added facts and then they recharge, that is considered harassment,” he added.
District Judge Thomas Phillips dismissed the case without prejudice in September because the defense was notified too late of an additional charge of disturbing the peace. Erin House, a special assistant state attorney general, said in September she was prepared to try both charges but didn't want to try just the domestic violence count.
"The issue here is the prosecution is allowed to amend charges up to the presentation of evidence,” House said at Wednesday's hearing.
House also argued that trying both charges in one trial, instead of trying Csapo again for the disturbing the peace charge, is more efficient.
"Obviously, I am very disappointed with the judge's decision. The harassment was very obvious,” Csapo said after the hearing. "Now we have to go through the wasted time and expense of a jury trial.”
Csapo was charged with domestic violence after a June 23 incident in which witnesses said he argued with his wife, Cynthia Csapo, as they walked down Front Street in downtown Traverse City. Csapo allegedly forced the back of his wife's head into a window, was loudly profane and appeared intoxicated, police reports show. He was not arrested or tested for alcohol.
Csapo was first elected to the city commission in 2001 and could face up to 93 days in jail and/or a $500 fine if convicted. The jury trial is scheduled for Dec. 4.







Charges Re-filed against Traverse City Mayor Pro-tem Rick Csapo
WPBN-TV, MI - 21 hours ago
9/21/06
http://www.tv7-4.com/Global/story.asp?S=5443755&nav=1vrj
Domestic violence charges have been re-filed against Traverse City mayor pro-tem Rick Csapo. Csapo is accused of slamming his wife's head into a storefront window in June. The charges were dropped Wednesday. But on Thursday the original charge was re-filed, along with a new charge of disturbing the peace. Csapo has not been taken back into custody.







Charges refiled against Csapo
Traverse City Record Eagle, MI
09/21/2006
Mid-Day Update: 1:57 p.m.
http://www.record-eagle.com/2006/sep/21csapo2.htm
TRAVERSE CITY — City deputy mayor Ricky Csapo once again faces misdemeanor charges of domestic violence and disturbing the peace.
Prosecutors refiled the two counts in 86th District Court after the case against Csapo, 52, was dismissed without prejudice Wednesday. A jury trial had been scheduled Wednesday, but potential jurors never heard the case.
The charges stem from a June 23 incident during which witnesses said Csapo and wife Cynthia Csapo argued as they walked down West Front Street in downtown Traverse City. Ricky Csapo allegedly forced the back of his wife's head into a large plate glass window. Police reports alleged Ricky Csapo was loudly profane and appeared intoxicated, though he wasn't tested for alcohol or arrested that night. Csapo, a retired Grand Traverse County sheriff's deputy, was first elected to the city commission in 2001.
The domestic violence charge carries a 93 jail sentence and/or $500. The disturbing the peace charge is punishable by 90 days in jail and/or $500.









Csapo's charges are dismissed
Prosecutor plans to refile misdemeanor charges
September 21, 2006
Traverse City Record Eagle, MI
BY VANESSA MCCRAY
http://www.record-eagle.com/2006/sep/21csapo.htm
TRAVERSE CITY — A prosecutor planned to refile two misdemeanor charges against the city's deputy mayor after charges against Ricky Csapo were dismissed.
Csapo, elected to the city commission in 2001, was to begin a jury trial Wednesday, but the case was dismissed without prejudice at the last minute in a dispute over the second charge.
Csapo had pleaded not guilty to a misdemeanor domestic violence charge stemming from an alleged assault of his wife during a June 23 argument on West Front Street in downtown Traverse City.
Erin House, a special assistant state attorney general, said Wednesday afternoon she expected misdemeanor charges of domestic violence and disturbing the peace would be refiled in 86th District Court today.
Potential jurors showed up Wednesday at the courthouse in Traverse City, but never heard the case. House sought to amend the original complaint to add a disturbing the peace charge, paperwork she said she prepared two weeks ago.
But defense attorney Clarence Gomery said he didn't receive notice of the additional charge until Sept. 13.
"The judge indicated out of fairness and due process to deny the amended complaint," Gomery said.
Judge Thomas Phillips told House she "should be ready to try" the domestic violence charge. But House said she wanted to proceed on both charges and not just try the domestic violence charge.
"It's not that we are unprepared today," House said.
Said Gomery: "She could have chose to go forward on the domestic violence, but evidently she just wishes to pile on charges to strengthen her domestic violence case."
Csapo, a retired Grand Traverse County sheriff's deputy, was not arrested during the incident. Witnesses said they saw Csapo and wife Cynthia Csapo walking along West Front Street. The two allegedly argued, and Csapo allegedly forced the back of his wife's head into a large plate glass window. Police reports alleged Ricky Csapo was intoxicated and loudly profane, though he wasn't tested for alcohol.
Csapo, after an arrest warrant was issued in June, called the charge a "total misunderstanding of the facts."
Gomery said House has the "right to go forward with charges," but said he will file a motion to dismiss them.
"How many bites of an apple should you be allowed?" Gomery said.
Csapo stood next to his wife after the court hearing.
"I'm happy it's over with," he said.
But House said Wednesday's dismissal is not the end and hoped for a jury trial on the refiled charges "within the next two months."






Deputy Mayor / Commissioner Rick Csapo hugs his wife, Cynthia, outside the courtroom.




Conversation lands Csapo in jail
Chat with wife apparently violated court order
Traverse City Record Eagle, MI
07/13/2006
BY IAN C. STOREY
http://www.record-eagle.com/2006/jul/13csapo.htm
TRAVERSE CITY — A conversation between Ricky Csapo and the woman he is charged with assaulting landed the Traverse City mayor pro tem behind bars for violating a court order.
Csapo, 52, was led to the Grand Traverse County Jail in handcuffs Wednesday after 86th District Court Judge Thomas Phillips ruled Csapo violated a no-contact order with his wife, Cynthia Csapo, before he was scheduled to meet with special assistant state attorney general Erin House.
House requested a hearing Wednesday after several court employees alerted her to the contact between the Csapos, a violation of an order issued by Phillips last week.
Phillips ruled after an hour-long special hearing that there was enough evidence to revoke Ricky Csapo's bond and sent him to jail until Friday morning.
Cynthia Csapo testified under oath that she had no direct contact with her husband, that she was instead talking through a friend who accompanied her to the courthouse.
"The court had a hard time believing that today," Phillips said of her testimony.
Ricky Csapo was charged with misdemeanor domestic violence after he allegedly assaulted his wife during an argument June 23 on West Front Street in downtown Traverse City.
Witnesses told police Csapo and his wife argued along West Front Street and Csapo allegedly forced the back of her head into a large plate glass window.
House called several court employees, including herself, to testify during the hearing before Phillips.
"It appears clear to me that it was a blatant violation, chit-chatting with his wife in the hallway as if the order didn't apply to him," she told Phillips.
One of the witnesses, Grand Traverse County Sheriff's Lt. Bryan Marrow, said he was at the courthouse to post legal notices when he saw the couple talking.
"It was obvious they were speaking," he said.
Defense attorney Clarence Gomery argued during the hearing that the contact was "incidental" and said the Csapos maintain separate residences and haven't had any other contact since the original court order.
"We are here about the victim," said Gomery. "What (witnesses) saw and believe they saw isn't what happened."
Csapo is a retired Grand Traverse County sheriff's deputy who was elected to the city commission in 2001. He pleaded not guilty to the charge and told the Record-Eagle the incident was a "misunderstanding of the facts."
Csapo wasn't arrested that evening nor required to submit to tests to determine whether he'd consumed alcohol, despite witness statements that he was inebriated.
Both Traverse City police Capt. Steve Morgan and another officer reported Csapo was profane and appeared "highly intoxicated."
But Morgan "concluded" there wasn't enough evidence at the scene to merit an arrest and allowed Csapo and his wife to walk home, according to his report.
House testified Wednesday that she saw the Csapos talking repeatedly in the district court lobby while she was conducting pre-trial hearings nearby.
"They were engaged in a conversation, which seemed to be light-hearted," she said.
Gomery asked House what exactly she had heard.
"You don't know who was saying what or what was being said?" Gomery asked House on cross-examination.
But Phillips said the testimony of the witnesses made it clear that the contact was not "incidental" and, though it did not appear threatening, was still a violation of his order.
"Occasionally, incidental contact we overlook," he said. "It happens. This was beyond incidental contact."







Csapo jailed after violating order
Traverse City Record Eagle, MI
Jul 12, 20060
7/12/2006
Breaking News: 12:32 p.m
BY IAN C. STOREY
http://www.record-eagle.com/2006/jul/12csapo.htm
TRAVERSE CITY — City commissioner Ricky Csapo was jailed Wednesday after a district judge ruled the mayor pro-tem violated a non-contact order with his wife, whom he is charged with assaulting.
Csapo, 52, was led to the Grand Traverse County Jail in handcuffs after 86th District Court Judge Thomas Phillips ruled Csapo violated a no-contact order with his wife, Cynthia Csapo, as he awaited a pre-trial hearing with assistant state attorney general Erin House.
"This was beyond incidental contact," ruled Phillips, who revoked Ricky Csapo's bond and sent him to jail until Friday morning.
Csapo was charged with misdemeanor domestic violence after he allegedly assaulted Cynthia Csapo during an argument June 23 on West Front Street in downtown Traverse City.
Witnesses told police Csapo and his wife argued along West Front Street and Csapo allegedly forced the back of her head into a large plate glass window.
House requested the hearing Wednesday after several court employees alerted her to the contact between the Csapos, which violated an order issued by Phillips last week.
"It appears clear to me that it was a blatant violation, chit-chatting with his wife in the hallway as if the order didn't apply to him," House told Phillips during the hearing.
House called several court employees, including herself, to testify during the hour-long hearing before Phillips.
One witness, Lt. Bryan Marrow of the Grand Traverse County sheriff's office, said he was at the courthouse to post legal notices in circuit court when he saw the couple talking.
"It was obvious they were speaking," he said.
Csapo is a retired Grand Traverse sheriff's deputy who was elected to the city commission in 2001. He pleaded not guilty to the charge, which he told the Record-Eagle was a "misunderstanding of the facts."
Defense attorney Clarence Gomery argued during the hearing that the contact was "incidental" and said the couple hasn't had any other contact.
"It was a couple of words back and forth," he said.







Csapo pleads not guilty
No contact with wife ordered
Traverse City Record-Eagle
BY IAN C. STOREY
07/05/2006
Mid-Day Update: 12:15 p.m.
http://www.record-eagle.com/2006/jul/05csapo.htm
TRAVERSE CITY — City commissioner Ricky Csapo must submit to daily breath tests, not consume alcohol and have no contact with his wife after being charged with domestic violence.
Csapo, 52, pleaded not guilty today to a charge of misdemeanor domestic violence following a June 23 incident in downtown Traverse City.
Witnesses told police Csapo and his wife argued along West Front Street and Csapo allegedly forced the back of her head into a large plate glass window.
During Csapo's arraignment today defense attorney Clarence Gomery asked 86th District Court Judge Thomas Phillips to remove an order prohibiting Csapo from having contact with his wife.
After reviewing police reports, Phillips asked to hear from Csapo's wife.
"He never assaulted or hurt or hit me, ever," she told Phillips, but assistant state attorney general Erin House said a "number of witnesses" allege Csapo's wife attempted to run away and urged them to call 911.
But House told Phillips of the existence of past allegations against Csapo.
"There have been police interventions between him and a former spouse," House said.
Phillips denied Gomery's request to drop the no-contact requirement.
"We take this very seriously," Phillips said. "I will continue the no-contact provision until we have no fear for the safety of the alleged victim."
Csapo is a retired Grand Traverse County sheriff's deputy. He was elected to the city commission in 2001, and last week said the alleged incident was a "misunderstanding of the facts."
Csapo wasn't arrested that evening, nor required to submit to tests to determine whether he'd consumed alcohol, despite witness statements that he was inebriated.
Both Traverse City police Capt. Steve Morgan and another officer reported Csapo appeared "highly intoxicated."
But Morgan "concluded" there wasn't enough evidence at the scene to merit an arrest and allowed Csapo and his wife to "continue their walk home," according to his report.
Police Chief Michael Warren said Csapo's political position didn't influence the decision. State police are now leading the investigation.
"There was a warrant issued for his arrest," Warren said. "If he had all kinds of influence, then maybe he wouldn't have been charged. We don't play the game that way."
"The only time we test is if there is a driver involved, underage drinking or to determine there is a medical issue because the person could be so highly intoxicated," said Warren.
Warren said he wouldn't review Morgan's decision not to arrest Csapo.
"I am very satisfied with the decision he made," he said.







Deputy mayor is charged in fight
Rick Csapo faces misdemeanor after dispute
07/01/2006
BY IAN C. STOREY and VANESSA McCray
http://www.record-eagle.com/2006/jul/01csapo.htm
TRAVERSE CITY — Traverse City's deputy mayor faces a misdemeanor domestic violence charge for allegedly slamming his wife's head into a window of a downtown building during what police said appeared to be a drunken public dispute.
But Traverse City police did not arrest city commissioner Ricky Csapo, 52, during the incident late June 23, despite eyewitness accounts of the alleged physical encounter outside the former Grand Traverse Auto building on West Front Street.
Nor did police demand that Csapo submit to a preliminary breath test for alcohol, despite indications he'd been drinking.
An arrest warrant was issued for Csapo Friday, according to 86th District Court records.
Csapo commented only briefly when contacted by the Record-Eagle on Friday.
"There's been a total misunderstanding of the facts," said Csapo, a retired Grand Traverse County sheriff's deputy who was first elected to the city commission in 2001.
Brett Lyons, of Mt. Pleasant, said he was one of about 20 young people who witnessed the alleged assault and told police, but to no avail.
"I was absolutely infuriated that he was not arrested," he said. "He had 20 some kids saying he hit his wife and we were all dry sober. You don't scream 'call 9-1-1' and run away from your husband when you are playing around."
Police said they responded to a crowd located near Front and Pine streets just before 10:30 p.m. to find Csapo in a "heated" argument with several younger people.
Two witnesses told police they saw Csapo and his wife walking along West Front Street, arguing back and forth, before Csapo allegedly grabbed his wife's face and forced the back of her head into a large plate glass window.
An officer who spoke with Csapo at the scene reported "it was obvious" the deputy mayor was "highly intoxicated" and very agitated.
The officer reported that Csapo during the interview asked "why aren't you doing something about these (expletive) kids out on the street? You (expletive) city police don't do (expletive)," according to records.
Despite witness testimony to the contrary, city police Capt. Steve Morgan said he "concluded" there was not enough evidence of an assault to make an arrest. He allowed the couple "to go on their way and continue their walk home," according his report.
Morgan reported that during his discussions with the wife she said she was "in no way" assaulted by Csapo and didn't appear to be injured, "distressed or upset" in any way.
Another officer's report said the woman did not deny witness statements that she'd been assaulted.
Csapo repeatedly denied the assault during his discussions with police on the scene, according to records.
Erin House, an assistant state attorney general who handles domestic violence cases in northern Michigan, said her review of the witness testimony warranted the charge despite Morgan's conclusion.
"People believe there are mandatory arrest laws for domestic assault when police respond, but that is not true," said House.
Traverse City attorney Clarence Gomery said witnesses' "perception" was not based on all the facts of the situation.
Gomery also said Csapo denies he was "highly intoxicated" and police did not document or take evidence to prove he had been drinking.
Lyons, the witness from Mt. Pleasant, said Csapo was "obliterated."
"Mr. Csapo would state that it is unfortunate that this family, mutual family argument took place in public," said Gomery. "We need the opportunity for the parties to clarify the facts that happened that night, not the initial police interpretation."
The misdemeanor count against Csapo, who works as an independent representative for the Police Officers Association of Michigan police union, is punishable by up to 93 days in jail and a $500 fine.
Csapo would not say if he planned to resign his seat on the city commission.
"What kind of question is that?" he asked.
City attorney W. Peter Doren said there is nothing in the city charter that details what happens if a city commissioner is charged with or convicted of a misdemeanor.
The seat would be vacated if the commissioner is convicted of a felony, he said.
The city charter discusses a commissioner's activities "inside the operations of the city" but not "with a person's private or business life," Doren said.
"I don't think that there is anything in the city charter that deals with this," he said.
Mayor Linda Smyka said the city manager notified her of Csapo's troubles on Thursday. Smyka declined to say if she thought Csapo should resign.
"You know this has been a very unfortunate situation, and it is very hard to pass judgement on it when you do not know any of the details," she said. "I would hope that the mayor pro tem would do the right thing, and I have seen him do that in the past."







FROM CITY WEBSITE
Rick Csapo, Mayor Pro Tem
Dec 2001 to Nov 2009
Residence: 218-XXXX
Having dedicated over 30 years of my life to public service, it is both an honor and a privilege to continue serving the citizens of Traverse City.
As your City Commissioner, I pledge to be a solid individual with the highest ethical standards and a force for positive change. Have two daughters and two grandsons.
Retired Deputy Sheriff from Grand Traverse County Sheriff's Office. Currently a Business Agent with the Police Officer's Association of Michigan. A graduate of Davenport University with a BAS degree in Business. Served on numerous boards and committees. Enjoy reading, golf and most importantly interaction with people.





Friday, June 16, 2006

06162006 - Officer Ronald Dupuis - Dupuis wins unemployment claim after being fired for tasering partner - Highland Park PD


OFFICER RONALD DUPUIS' [Former Ecorse Police Officer; Former Southgate Police Officer; Former Highland Park Police Officer; AND Former Hamtramck Police Officer; Current Highland Police Department]


SCROLL DOWN TO BOTTOM OF PAGE FOR DUPUIS' HISTORY.


Also See:

Southgate police officer Ronald Dupuis accused of stalking a woman while on duty. Before Dupuis could be fired, he quit the department. Criminal charges were not filed against Dupuis
[March 16, 1999]





Dupuis wins Unemployment dispute
Posted on June 16, 2006 by Hillary
Hamtramck Star
http://www.hamtramckstar.com/dupuis_wins_unemployment_dispute/

ACQUITTED TASER OFFICER EXONERATED, AGAIN

Last month, an administrative law judge ruled that former Hamtramck Police Officer Ronald Dupuis did not tase his partner, in November 2005. Administrative Law Judge Douglas G. Wahl specifically ruled as a finding of fact: “The claimant performed a “function test” of his taser while he was in the passenger seat of the patrol car and did not tase his partner.” (Ex. 1)

Dupuis was accused of tasing his partner, Officer Prema Graham, in November 2005 while the two were riding in a patrol car. Dupuis was quickly fired by Chief James Doyle within days and later charged with assault and battery. The termination and charges came even before all the evidence was collected, including a read out from a taser computer chip that Doyle did not download until 30 days later. The taser chip showed that the taser was fired one time for a period of one second, consistent with a function test according to Certified Taser Instructor and Hamtramck Police Officer John Aiello during his testimony at the trial. (Ex. 2) Graham’s version accused Dupuis of firing the taser at least two times and for longer durations into her thigh. She also alleged that Dupuis grabbed the steering wheel and she fought him off, yet the patrol car videotape was not introduced to the jury. The Detective in charge of the case, Sgt. Vincent Bielecki testified that there was no evidence a crime was committed contained on the videotape in question. (Ex. 3) A Hamtramck jury took only 20 minutes to acquit Dupuis after the trial was held in March, in the 31st District Court in Hamtramck, MI.

This latest hearing was conducted pursuant to an Unemployment Claim dispute between Dupuis and the city of Hamtramck. In addition to the finding of fact exonerating Dupuis, again, Dupuis prevailed in that action and received a check for over $5,000 for lost unemployment compensation. The city filed for a re-hearing and was denied a re-hearing by the judge.

Strangely, the city only produced Chief James Doyle and Lt. Craig Serafino to testify. Noticeably absent from the hearing was Officer Graham herself, even though she was readily available and was on patrol on the day of the hearing. Lt. Serafino told the judge that he could not explain why Graham was not there. Chief Doyle told the judge that he did not get enough notice to have Graham present. However, the city received notice two weeks prior to the hearing, which is much more notice than most police officers get when they appear in criminal court.

This Unemployment hearing is now the second victory (after the acquittal) for Dupuis between he and the city of Hamtramck. An arbitration hearing is scheduled for July 2006 in which the Hamtramck Police Union is asking for reinstatement and backpay for Dupuis.

Dupuis who has maintained his innocence since the incident stated after receiving the latest award, “I feel great. Not only has a jury found me not guilty of a crime that I did not commit, but now a judge has found specifically as a fact that I did not tase anyone on that day.”

I hope the arbitrator is able to see what’s really happened as well,” Dupuis stated about the upcoming arbitration, “I really want to get back to work and put this unbelievable nightmare behind me.”

Dupuis was represented by Attorney Paul Wright during the unemployment hearing.




*************


DUPUIS' LAW ENFORCEMENT EMPLOYMENT HISTORY:




OFFICER RONALD DUPUIS' [Former Ecorse Police Officer; Former Southgate Police Officer; Former Highland Park Police Officer; AND Former Hamtramck Police Officer; Current Highland Police Department]








Also See:

Feb. 17, 1997: Officer Ronald Dupuis written up for careless driving while on duty. Ecorse Police Department.


Between 1997 and 1998: Officer Ronald Dupuis leaves the Ecorse PD and becomes an officer with the Southgate PD.


October 08, 1998: Officer Ronald Dupuis allegedly beat up a mentally disabled man. Southgate PD.


November 04, 1998: Officer Ronald Dupuis reprimanded by the Southgate Police Department for the October 8th beating incident.


Dec. 24, 1998: Officer Ronald Dupuis accused of falsifying overtime slips. Southgate PD.


March 16, 1999: Officer Ronald Dupuis accused of stalking a woman and repeatedly pulling her over while he was on duty. Southgate PD.


March 30, 1999: Officer Ronald Dupuis was informed that he would be fired from the Southgate PD [Stalking incident].


April 02, 1999: Officer Ronald Dupuis resigned from the Southgate PD, to avoid being fired for stalking incident.


Sometime after April 02, 1999: Officer Ronald Dupuis was hired by the Highland Police Department [after resigning from the Southgate PD, to avoid being fired for stalking incident].


Nov. 7, 2000: Officer Ronald Dupuis was laid off by the Highland Park Public Safety department.


Sometime after November 07, 2000: Officer Ronald Dupuis was hired by the Hamtramack PD, after being laid off by the Highland PD.


April 21, 2002: Officer Ronald Dupuis was accused of assaulting a man during a traffic stop. Hamtramck PD. Resulted in a lawsuit, which was settled for $20,000 on November 05, 2005. Dupuis was not fired from the Hamtramack PD. for this incident.
http://michiganoidv.blogspot.com/2002/04/officer-ronald-dupis-hamtramck-pd.html


2004: Hamtramck police officer Dupuis was sued by a man who alleged Dupuis wrongfully arrested him and had him jailed for no reason. The man was released without being charged. His lawsuit was settled for an undisclosed amount.


Nov. 3, 2005: Officer Ronald Dupuis was accused of discharging a Taser stun gun and striking his female partner, Officer Prema Graham, in the leg with the weapon. [Hamtramack PD]


Nov. 10, 2005: Officer Ronald Dupuis was fired from the Hamtramck Police Department for tasering Officer Prema Graham.


Sometime after November 10, 2005: Officer Ronald Dupuis won legal challenges related to the tasering incident Officer Prema Graham, and the Hamtramck PD's firing of him.


Sometime after November 10, 2005: Officer Ronald Dupuis returned to duty at the Highland Police Department [previously laid off from department in November 2000].


Dec. 7, 2005: Officer Ronald Dupuis charged with misdemeanor assault and battery in connection with the Taser incident.


April 01, 2006: Officer Ronald Dupuis found not guilty at trial of November 2005 taser incident against Officer Prema Graham


June 16, 2006: Officer Ronald Dupuis won an unemployment claim dispute against the City of Hamtramck for their firing of him after the November 2005 taser incident Officer Prema Graham. Chief of Police also refused to reinstate Dupuis.


2006: Officer Ronald Dupuis filed a lawsuit against the City of Hamtramck and Officer Prema Graham [November 2005 taser incident]


August 2006: City of Hamtramck lost appeal on Officer Ronald Dupuis' unemployment. 


November 01, 2006: Officer Ronald Dupuis filed a lawsuit against the City of Hamtramck: Civil Rights / Employment. Police Chief refused to reinstate him. [November 2005 taser incident of Officer Graham].


January 2007: Officer Ronald Dupuis filed suit to be reinstated to Hamtramck PD, following his being terminated after November 2005 taser incident against Officer Prema Graham. 


October 31, 2008: Officer Ronald Dupuis filed suit against City of Hamtramck.


2012: Officer Ronald Dupuis was accused of choking a woman who was in custody.


February 28, 2012: Officer Ronald Dupuis filed a suit against Highland Park: Civil Rights / Employment. 


May 22, 2012: Officer Ronald Dupuis' gun "accidently" went off outside the department's cell block. Dupuis was shot in the leg. Sources at the Highland PD said there would be no disciplinary action taken against Dupuis.


January 12, 2014: An online video surfaced showing Officer Dupuis beating a hancuffed man during an arrest. "Highland Park city attorney Todd Perkins said he's aware of Dupuis' checkered past, although he said he will "draw no conclusions" from it."







Emma Craig https://www.facebook.com/video.php?v=589843441146681

Saturday, May 13, 2006

05132006 - Deputy Michael Harvey - Antrim County SD

May 13, 2006: Deputy Michael Harvey, Antrim County Sheriff Department




DEPUTY MICHAEL HARVEY:THREATENED TO KILL HIS WIFE; THREATENED HIS WIFE W/GUN & PULLED TAZER GUN ON TODDLER SON[WHILE HE WAS ON DUTY]
http://michiganoidv.blogspot.com/2006/05/may-13-2006-deputy-michael-harvey.html



ORIGINAL CHARGES: TWO COUNTS OF FELONIOUS ASSAULT.










ALSO SEE:
DEPUTY MICHAEL HARVEY: INVOLVED IN DOMESTIC ARGUMENT AT SHERIFF DEPARTMENT. FEBRUARY 21, 2006.

http://michiganoidv.blogspot.com/2006/02/deputy-michael-harvey-antrim-sd.html


DEPUTY MICHAEL HARVEY: INTOXICATED PRIOR TO REPORTING TO WORK. [FEBRUARY 23, 2006]
http://michiganoidv.blogspot.com/2006/02/deputy-michael-harvey-antrim-sd_23.html






















Michigan Commission on Law Enforcement Standards
March 14, 2007
Kettering University
Flint, Michigan
CALL TO ORDER:
The Commission Meeting was called to order by Sheriff Gene Wriggelsworth on March 14, 2007, at 9:30 a.m. at Kettering University in Flint, Michigan.

NEW BUSINESS Continued:
Commission Revocations – Mr. Furtaw presented the following cases recommending the Commission consider the proofs, finding of facts, and conclusions of law found in the “Proposals for Decision” issued by Administrative Law Judge Michael Zimmer in the cases as grounds to issue a final decision and order revoking the law enforcement licenses of these officers.Page 8

NEW BUSINESS Continued:
Michael Harvey, Docket # 2006-960 – Mr. Harvey was convicted of felonious assault a four -year felony in August of 2006 in a domestic violence incident. He was sentenced in Antrim County Circuit Court.A MOTION was made by Deputy Chief Robinson and supported by Sheriff Pickell to adopt the Proposal for Decision and revoke the law enforcement license of Mr. Michael
Harvey.

A VOTE was taken. The MOTION carried.







Former deputy sent to prison for assaulting wife
Grand Haven Tribune, MI
http://www.grandhaventribune.com/paid/287490498780529.bsp

BELLAIRE (AP) — A judge imposed extra prison time on a former Antrim County sheriff's deputy who assaulted his wife and threatened to kill her.

Michael Harvey, 34, pleaded guilty last month to felonious assault and misdemeanor domestic violence. Under state sentencing guidelines, he would have gone to jail for a year. But Circuit Judge Thomas G. Power said that wasn't enough, ordering Harvey to prison for two to four years.

Power also ruled Harvey ineligible for "boot camp" rehabilitation — a military-style program that can lead to early release.

"This is not a boot camp case," Power said during a hearing Monday. "Mr. Harvey needs to sit for two years."

Harvey's wife testified her husband "has held a gun to my head a total of five times."

The final time was May 13, when Harvey drove to his Central Lake home while on duty and pulled his service weapon during an argument about pending divorce proceedings. It happened in front of the couple's youngest son.

"The most heartbreaking thing was hearing my 2-year-old son saying, 'Daddy, don't shoot mommy,"' Trish Harvey said. "I'd like Mike to know he'll never hurt me again."

Harvey offered a brief, tearful apology to his wife and family.







Deputy headed to prison
Harvey pulled a gun on his wife while on duty
Traverse City Record Eagle, MI
By CRAIG McCOOL
09/12/2006
http://www.record-eagle.com/2006/sep/12harvey.htm

BELLAIRE — A former Antrim County sheriff's deputy will spend at least two years in prison for assaulting his wife and threatening to kill her.

Sentence guidelines called for Michael Harvey to go to jail for 12 months, but Antrim Circuit Judge Thomas G. Power said that wasn't adequate and ordered Harvey to prison for two to four years.

Harvey's wife told Power during Monday's hearing that her husband "has held a gun to my head a total of five times."

The final time was May 13, when Harvey drove to his Central Lake home while on duty and pulled his service weapon during an argument about pending divorce proceedings. It happened in front of the couple's youngest son.

"The most heartbreaking thing was hearing my two-year-old son saying 'Daddy, don't shoot mommy,'" Trish Harvey said. "I'd like Mike to know he'll never hurt me again."

Harvey, 34, pleaded guilty last month to felonious assault and misdemeanor domestic violence charges.

Power sentenced Harvey to three months behind bars on the latter conviction, though that time will be served concurrently with the longer sentence. The domestic violence charge stems from an incident involving another woman with whom Harvey was romantically involved.

Some prison inmates, generally first-time offenders, are eligible for state "boot camp" programs — state-run, military-style rehabilitation programs that can lead to early release. Power made a point to exclude Harvey, though.

"This is not a boot camp case," Power said. "Mr. Harvey needs to sit for two years."

Harvey offered a brief apology to his wife and family Monday, and wiped tears from his face with the front of his shirt.

The judge described how Harvey pointed his handgun at his wife's head so close that "the barrel touched her hair" and then threatened to kill her, their children and her mother.

"The pre-sentence report says (Harvey has) 'uncontrollable anger issues,'" Power said. "I guess that's the understatement of the day. It's hard to understand what he was thinking on any level."







Former Deputy Sent To Prison For Assault

tv7-4.comAntrim County
Sep 11, 2006
http://www.tv7-4.com/Global/story.asp?S=5392202&nav=1vrj

A former Sheriff's Deputy will spend up to four years behind bars for threatening his wife and child.

Investigators say in May, while Antrim County Deputy Michael Harvey was on duty, he went home and threatened his wife with a gun and pointed a taser gun at his two year old son. In August Harvey pled guilty to felonious assault and domestic violence. He was sentenced to two to four years Monday on the felonious assault charge and three months for domestic violence.







Former deputy pleads guilty

He was accused of threatening his wife
By CRAIG McCOOL
Record-Eagle staff writer
08/19/2006
http://www.record-eagle.com/2006/aug/19harvey.htm

BELLAIRE — A former Antrim County deputy pleaded guilty to assault charges for threatening his wife with his service weapon while on duty.

Michael Harvey, 34, likely will face less than a year in jail when sentenced next month on felonious assault and domestic violence charges.

Defense attorney Douglas Gutscher said he believed the sentencing guidelines would fall between zero and nine months.

Harvey pleaded guilty Aug. 10 to one count of assault with a dangerous weapon — a four-year felony — for the May 13 incident at his home in Central Lake.

Police said the six-year Antrim County Sheriff's Department veteran threatened to kill his wife because she initiated divorce proceedings.

"I will kill you, your mother and then myself," Harvey allegedly told his wife, according to police reports.

"You need to stop the attorney, stop the divorce, stop everything."

Harvey also pleaded guilty to a misdemeanor count of domestic violence.

He initially was charged with two counts of felonious assault. The Grand Traverse County Prosecutor's Office, which was appointed special prosecutor in Harvey's case, later added a felony firearm charge — for allegedly using a gun during the commission of a felony — and two additional counts of domestic violence against Harvey.

The domestic violence charges didn't involve Harvey's wife, but a second woman, Gutscher said.

To be dismissed as part of the plea agreement are: one count of felonious assault; one felony firearm charge; and a second domestic violence charge. Sentencing is scheduled for Sept. 11 in Antrim Circuit Court.

Harvey was suspended from the sheriff's department without pay immediately after he was charged and was subsequently fired.







Accused deputy's personnel file shows recent problems

Traverse City Record Eagle, MI
By CRAIG McCOOL
06/23/2006
http://www.record-eagle.com/2006/jun/23harvey.htm

BELLAIRE — An Antrim County sheriff's deputy who faces assault and weapons charges seemed a model employee for most of his six years with the department.

Until this year, Michael Harvey, who allegedly threatened to kill his wife with his service gun while on duty in May, received raises and promotions. From the time he was hired in 2000 through the end of 2005, Harvey did not receive a disciplinary letter or citation.

But this February, the deputy with the squeaky-clean record was disciplined twice, including once for drinking heavily the night before he was to work an early shift.

The Record-Eagle obtained a copy of Harvey's personnel file through a state Freedom of Information Act request.

Harvey, 34, was hired in 2000. Between then and the start of this year, he was promoted from the jail to various road patrol assignments.

Shortly after his promotion to the road, a citizen sent a letter to Sheriff Terry Johnson noting Harvey's kindness and "dedication to the community."

Accolades came from superiors, too, but disciplinary warnings began early this year. The first occurred Feb. 21, when Harvey argued with a woman in the county's 911 dispatch area.

Other county employees witnessed the incident and called Michigan State Police, who investigated but did not seek charges. Johnson issued Harvey a warning.

Another incident occurred two days later. On Feb. 23, Harvey was observed drinking in Central Lake, prior to his scheduled 4 a.m. shift.

Johnson wrote that Harvey drove that night to Bellaire, where he was confronted by another Antrim deputy and made to take a preliminary breath test.

Harvey blew a 0.169, more than double the legal driving limit, though the letter addressed no specific concern about drinking and driving.

"In the report it states that you felt you would have been OK to go to work" at 4 a.m., Johnson wrote. "I find this to be a ridiculous statement."

Harvey received a single-day suspension without pay for the drinking incident.

Harvey has been suspended without pay following his arrest May 14.

He faces two felonious assault charges, punishable by up to four years in prison. Prosecutors also recently added a third charge, using a firearm in the commission of a felony, punishable by up to two years in prison, said Harvey's attorney Douglas Gutscher.







GT to prosecute deputy

Case reassigned because of potential witness
Traverse City Record Eagle, MI
By craig mccool
05/31/2006
http://www.record-eagle.com/2006/may/31harvey.htm

BELLAIRE — Prosecution of an assault case against an Antrim County sheriff's deputy has been reassigned to a different county because the witness list could include another Antrim County employee with whom the defendant may have been personally involved, officials said.

Michael Harvey, 34, is accused of threatening his wife with his service handgun while on duty May 13 at the couple's home in Central Lake.

Antrim Prosecutor Charles Koop said he asked the felony assault case against Harvey be reassigned to Grand Traverse County because the witness list includes an employee in his office.

"I made the decision not because he (Harvey) was a county officer, but ... one of my employees might be a witness, Koop said.

The employee is Melissa Rogers, a clerical worker in the prosecutors office. Antrim Sheriff Terry Johnson said he thinks she and Harvey had a personal relationship.

Harvey was reprimanded after a Feb. 21 incident during which he and Rogers argued in the sheriff's department parking lot. Things got so heated that other sheriff's personnel called state police, who investigated, Johnson said.

State police in Kalkaska confirmed they responded to "a domestic argument" involving Harvey that evening at the Antrim dispatch center. Koop said the incident did not lead to charges.

Following the incident, Rogers was warned to stay away from Harvey during work hours unless there was something work-related to discuss, Koop said.

Johnson said Harvey had a "written warning" placed in his personnel file after the incident.

Harvey has been suspended without pay since his arrest.

He recently waived his right to a preliminary examination and was bound over on two counts of felonious assault, Antrim District Court officials said.







Officials: Deputy threatened to kill wife

He allegedly pulled gun on her while on duty
Traverse City Record Eagle, MI
by ian c. storey and craig mccool
05/16/2006
http://www.record-eagle.com/2006/may/16harvey.htm

TRAVERSE CITY — An on-duty Antrim County sheriff's deputy allegedly pulled his service handgun on his estranged wife and threatened to kill her and the couple's children unless she stopped divorce proceedings.

Michael Harvey, a six-year department veteran, was arraigned Monday on two counts of felonious assault before 86th District Court Judge James R. McCormick. The alleged assault occurred at the couple's Central Lake home Saturday, authorities said.

Antrim County Prosecutor Charles Koop said Harvey was on duty when he went to the house at 10 p.m. and allegedly argued with his wife over divorce proceedings she'd initiated.

Koop said Harvey, 34, allegedly pushed his wife to the ground and struck her in the face. As the argument escalated, Harvey allegedly pointed his handgun at his wife and threatened to kill her.

"I will kill you, your mother and then myself," Harvey allegedly told his wife, according to police reports. "You need to stop the attorney, stop the divorce, and stop everything."

Koop said the argument spilled into the home, where in front of the couple's children Harvey allegedly pointed his gun again and made additional threats.

"If I get the (expletive) papers in the mail, I am going to (expletive) kill you and your mother, and I'm going to kill these two boys and then I am going to kill myself," Harvey said, according to police reports.

During the altercation, county dispatch officials contacted Harvey about a criminal complaint and he left the house, Koop said.

Koop said Harvey's wife drove to the Michigan State Police post in Cadillac to report the incident. She feared her husband would have been able to monitor a local call to emergency officials, he said.

"He got off at midnight and it was reported to the Cadillac post," said Koop. "The post contacted the (Kalkaska) post and he was arrested."

Harvey was arrested around 6 a.m. Sunday at his residence without incident, Koop said.

Douglas Gutscher, an attorney with the Police Officers Association of Michigan, asked McCormick to reduce the $500,000 bond set for Harvey, who will remain in the Grand Traverse County Jail.

"These are simply allegations of a person in the middle of a divorce," he said. "The allegations are serious, but that is all they are now."

Koop told McCormick the alleged threat was not an isolated incident, referencing other allegations of threats in recent months that Harvey made to his wife.

"In an interview with the defendant yesterday he indicated that not only did he threaten his wife (in the past), but also took his duty Taser and pointed it during this time period at his two-year-old son," said Koop.

Koop said 57 firearms, both loaded and unloaded, were confiscated from Harvey's home.

McCormick did not lower the bond.

He also ordered Harvey to have no contact with his wife, children, her family or any witnesses if he is freed.

"If true, this is a major threat of injury or perhaps even fatal injury to the alleged victim," said McCormick. "I don't think the court wants to risk being responsible for the defendant being out on the street."

Harvey, who faces up to four years in prison, is scheduled for a preliminary examination in Antrim County on May 25.

Koop said he will ask that a special prosecutor be appointed because a member of his staff may be a witness in the case.

The task will likely fall to Grand Traverse County prosecutor's office, which had representatives present during Harvey's arraignment.

Antrim County Sheriff Terry L. Johnson, who accompanied Koop to the hearing in Traverse City, said Harvey was suspended without pay beginning Sunday.

Johnson said Harvey started with the department in 2000 as a corrections officer before becoming a deputy in 2003.

"It is certainly not a proud moment for our department," he said.








Antrim County Deputy Faces Assault Charges
WPBN-TV, MI
8 hours ago
May 16, 2006
http://www.tv7-4.com/Global/story.asp?S=4909574&nav=1vrj
An Antrim county deputy is behind bars after prosecutors say he threatened his wife, with a gun.

Michael Harvey was in court Monday in Grand Traverse county on two counts of felonious assault.

The Antrim county sheriff says while deputy Harvey was on duty Saturday night he went to his home and threatened his wife with a gun and pointed a taser gun at his two year old son. The sheriff says the deputy told his wife he would kill her, their children and his mother in law.

The Antrim county prosecutor says the deputy has had three prior insistences that the department knows of.

Deputy Harvey is currently suspended without pay, and in the Grand Traverse county jail.

Friday, May 5, 2006

05052006 - Officer Dahood Ali - Detroit Police Department

May 05, 2006: Officer Dahood Ali, Detroit Police Department.

Michigan Commission on Law Enforcement Standards
Commission Meeting Minutes June 5, 2007
MCOLES Offices, Lansing, Michigan
MCOLES MEMBERS PRESENT:
Sheriff Gene Wriggelsworth, representing the Michigan Sheriffs’ Association
Mr. John Buczek, representing the Fraternal Order of Police
Mr. Jim DeVries, representing the Police Officers Association of Michigan
Lt. Col. Timothy Yungfer, representing Colonel Peter C. Munoz, Michigan State Police
Mr. Bill Dennis, representing the Attorney General Mike Cox
Chief Richard Mattice, representing the Michigan Association of Chiefs of Police
Mr. David Morse, representing the Prosecuting Attorneys Association of Michigan
Deputy Chief Deborah Robinson, representing Chief Ella M. Bully-Cummings, Detroit
Police Department
Mr. Raymond Beach, Executive Director
Mr. Tom Furtaw, Commission Counsel
MCOLES MEMBERS PRESENT BY TELEPHONE:Chief Doreen Olko, representing the Michigan Association of Chiefs of Police
Director Kurt Jones, representing the Michigan Association of Chiefs of Police
Trooper Michael Moorman, representing the Michigan State Police Troopers Association
Sheriff Robert Pickell, representing the Michigan Sheriffs’ Association
COMMISSION MEMBERS EXCUSED:Prof. Ron Bretz, representing the Criminal Defense Attorneys of Michigan
Sheriff James Bosscher, representing the Michigan Sheriffs’ Association
Officer Richard Weaver, representing the Detroit Police Officers Association
COMMISSION STAFF PRESENT:Ms. Hermina Kramp Ms. Cheryl Hartwell
Mr. David King
Michigan Commission on Law Enforcement Standards Commission Meeting, Lansing June 5, 2007 Page 2GUESTS (signing in):There were no guests.
CALL TO ORDER:
The Commission Meeting was called to order by Chairman Gene Wriggelsworth at 10:04 a.m. at the MCOLES Offices in Lansing, Michigan.
A roll call attendance was taken to establish attendance for Commission action during the meeting.
NEW BUSINESS:
Revocations/Contested Cases
Dahood Ali, Docket #2007-118 – Mr. Dahood was convicted by jury on May 5, 2006 of two counts of Criminal Sexual Conduct 2nd Degree (MCL 750.520c) and one count of Child/Accost/Immoral Purposes (MCL 750.145a). He was convicted in the 3rd Circuit Court in Wayne County.
A MOTION was made by Lt. Colonel Yungfer and supported by Mr. Dennis to concur with the finding of facts and conclusion of law by administrative law Judge Zimmer in this case and to issue a Final Decision and Order revoking the law enforcement license of Mr. Dahood Ali.
A roll-call VOTE was taken.
Director Kurt Jones – yes
Chief Doreen Olko – yes
Trooper Michael Moorman – yes
Sheriff Robert Pickell – yes
Sheriff Gene Wriggelsworth – yes
Lt. Colonel Timothy Yungfer – yes
Mr. Bill Dennis – yes
Deputy Chief Deborah Robinson – yes
Chief Richard Mattice – yes
Mr. Jim DeVries – yes
Mr. David Morse – yes
Mr. John Buczek - yes
The MOTION carried unanimously.




S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
UNPUBLISHED December 6, 2007
v
No. 271063
Wayne Circuit Court
DAHOOD ALI,
LC No. 06-001505-01
Defendant-Appellant.
Before: Saad, P.J., and Jansen and Beckering, JJ.
PER CURIAM.

Defendant appeals as of right his jury trial convictions of two counts of second-degree criminal sexual conduct (CSC), MCL 750.520c(1)(b)(iii) (sexual contact by an actor with position of authority over a minor between the ages of 13 and 16), and one count of accosting a child for immoral purposes, MCL 750.145a.

Defendant was acquitted of two additional counts of second-degree CSC. Defendant was sentenced to 2 ½ to 15 years’ imprisonment for the CSC convictions and one to four years’ imprisonment for the accosting a child for immoral purposes conviction. We affirm.

Defendant, a former Detroit police officer, contends that he received ineffective assistance of counsel. Specifically, defendant contends that his trial counsel failed to call four proposed witnesses to establish his habit and routine, pursuant to MRE 406, of giving his business card and cellular telephone number to people in need of assistance. According to defendant, this evidence was necessary to rebut the prosecution’s argument that he gave his cellular telephone number to the complainant, a 13-year-old girl, with the intention of engaging in an inappropriate relationship. Defendant requests a new trial or, in the alternative, a remand for an evidentiary hearing.

A claim of ineffective assistance of counsel should be raised by a motion for a new trial or an evidentiary hearing pursuant to People v Ginther, 390 Mich 436, 443; 212 NW2d 922 (1973). This Court previously denied defendant’s motion to remand for a Ginther hearing.

People v Ali, unpublished order of the Court of Appeals, entered April 6, 2007 (Docket No. 271063). Therefore, our review of this issue is limited to the existing record. People v Rodriguez, 251 Mich App 10, 38; 650 NW2d 96 (2002).

To establish ineffective assistance of counsel, defendant must show that defense counsel’s performance was so deficient that it fell below an objective standard of reasonableness

Page 2and denied him a fair trial. People v Henry, 239 Mich App 140, 145-146; 607 NW2d 767
(1999).

Furthermore, defendant must show that, but for defense counsel’s error, it is likely that the proceeding’s outcome would have been different. Id. at 146. Effective assistance of counsel is presumed; therefore, defendant must overcome the presumption that defense counsel’s performance constituted sound trial strategy. Id.

Defense counsel’s failure to investigate and call a witness does not amount to ineffective assistance of counsel unless the defendant shows prejudice as a result. People v Caballero, 184 Mich App 636, 640-642; 459 NW2d 80 (1990).

In other words, defense counsel’s failure to call the proposed witnesses in this case can only constitute ineffective assistance of counsel if it deprived defendant of a substantial defense. People v Dixon, 263 Mich App 393, 398; 688 NW2d 308 (2004); People v Hyland, 212 Mich App 701, 710; 538 NW2d 465 (1995), vacated in part on other grounds 453 Mich 900 (1996).

A substantial defense is one which might have made a difference in the outcome of the trial. Id. at 710. Moreover, the decision whether to call a witness is presumed to be a matter of trial strategy, Dixon, supra at 398, and we will not substitute our judgment for that of counsel regarding matters of trial strategy, People v Matuszak, 263 Mich App 42, 58; 687 NW2d 342 (2004).

Evidence of habit and routine is admissible pursuant to MRE 406, which provides: Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

In Laszko v Cooper Laboratories, Inc, 114 Mich App 253, 255; 318 NW2d 639 (1982), this Court held that “evidence of habit or routine practice is admissible to show like conduct on the occasion in question.” The proffered evidence “must establish a set pattern or show that something is done routinely or has been performed on countless occasions.” Id. at 256. Before a witness may testify to a defendant’s habit or routine, the defendant must make an offer of proof establishing that the witness has sufficient knowledge to testify to the routine nature of the practice. Id.

“Character” and “habit” are similar concepts. Pursuant to MRE 404(a), evidence of a defendant’s character is generally not admissible to establish “action in conformity therewith on a particular occasion.” A defendant may, however, offer “[e]vidence of a pertinent trait of character” and the prosecution may offer rebuttal character evidence when the defendant “opens the door.”

MRE 404(a)(1). In general, a defendant may offer character evidence only by testimony regarding the defendant’s reputation or by opinion testimony. On cross-examination, however, the prosecution may inquire into specific instances of conduct. MRE 405(a). The defense may only present evidence of specific instances of conduct to establish a defendant’s character when the character trait is “an essential element” of the charged offense. MRE 405(b).

Black’s Law Dictionary (6th ed) defines “character” using the term “habit.”

The aggregate of the moral qualities which belong to and distinguish an individual person; the general result of the [sic] one’s distinguishing attributes. That moral predisposition or habit, or aggregate of ethical qualities, which is

Page 3-3- believed to attach to a person, on the strength of the common opinion and report concerning him. A person’s fixed disposition or tendency, as evidenced to others by his habits of life, through the manifestation of which his general reputation for the possession of a character, good or otherwise, is obtained. . . .

In turn, Black’s Law Dictionary (6th ed) defines “habit” as follows:
A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function. The customary conduct, to pursue which one has acquired a tendency, from frequent repetition of the same acts. . . .

A regular practice of meeting a particular kind of situation with a certain type of conduct, or a reflex behavior in a specific set of circumstances. . . .

There is no relevant, published Michigan case law describing the relationship between
“character” and “habit” evidence. However, we find the following reasoning of the Arkansas Supreme Court to be persuasive:

The state urges that evidence of a person’s good habits naturally leads to an assumption of good character, but that does not preclude its introduction. As stated in McCormick on Evidence § 195 (2nd Ed. 1972):

“Character and habits are close [sic] akin. Character is a generalized description of one’s disposition, or of one’s disposition in respect to a general trait, such as honesty, temperance, or peacefulness.

‘Habit,’ in modern usage, both lay and psychological, is more specific. It describes one’s regular response to a repeated specific situation . . . A habit . . . is the person’s regular practice of meeting a particular kind of situation with a specific type of conduct . . .

Character may be thought of as the sum of one’s habits though doubtless it is more than this.” [Derring v State, 273 Ark 347, 352; 619 SW2d 644 (1981).]

The commentary accompanying MRE 406 notes that the Michigan rule is identical to its federal counterpart. MRE 406 Comments. The commentary accompanying FRE 406 states that:

Courts have generally proceeded cautiously in permitting the admission of a pattern of conduct as habit, “because it necessarily engenders the very real possibility that such evidence will be used to establish a party’s propensity to act in conformity with its general character, thereby thwarting Rule 404’s prohibition against the use of character evidence except for narrowly prescribed purposes.”

Simplex, Inc v Diversified Energy Sys, 847 F2d 1290, 1293 ([CA 7], 1988). That is, Courts are concerned that the rule admitting evidence as habit will swallow the rule that excludes character evidence. . . . [FRE 406, Commentary, Character Distinguished.]

In determining whether evidence establishes an individual’s character or habit, the commentary reasons:
Page 4-4-
“[H]abit refers to the type of non-volitional activity that occurs with invariable regularity. It is the non-volitional character of habit evidence that makes it probative.” Weil v Seltzer, 873 F2d 1453, 1460 (DC Cir[,] 1989).

Thus, activity that is extremely complicated is unlikely to be considered habit, since such activity would ordinarily be dependent on a significant thought process, as well as a number of contingencies, and all of this is inconsistent with the notion of habit as reflexive and semiautomatic. . . . [FRE 406, Commentary, Character Distinguished.]

At trial, before opening statements, defense counsel moved to admit testimony from four witnesses regarding defendant’s “reputation in the community with respect to truth and honesty” and his “good moral character.”

Defense counsel admitted that the prosecution would be free to rebut the witnesses’ proposed testimony during cross-examination. The trial court postponed its ruling on the motion. Defense counsel did not, however, attempt to call the witnesses later in the proceedings.

On appeal, defendant submitted an offer of proof regarding defense counsel’s trial strategy and the affidavits of four proposed defense witnesses.

1
In their affidavits, the witnesses averred that defendant frequently gave his time and money to help youth in need of assistance.

Generally, we do not review documents that are not part of the lower court record. MCR
7.210(A)(1); People v Eccles, 260 Mich App 379, 384 n 4; 677 NW2d 76 (2004). We will, however, review the documents for the purpose of deciding defendant’s request for a remand. See MCR 7.211(C)(1)(a)(ii).

According to defendant, his trial counsel should have introduced the witnesses’ proposed testimony because it was relevant to establish his habit and routine, pursuant to MRE 406, of giving his business card and cellular telephone number to people in need of assistance.

We note, however, that the majority of the statements in the witnesses’ affidavits relate to defendant’s caring and generous behavior toward youth in general. In fact, only one of the proposed witnesses stated that she personally observed defendant give his business card and cellular telephone number to people he considered “needy.”

We find that the proposed testimony does not describe the type of simple conduct that could be defined as “reflexive” or “non-volitional” as anticipated in the commentary to FRE 406.

Thus, it is unlikely that the trial court would have admitted the testimony as evidence of routine or habit under MRE 406. It is more likely that the testimony falls into the category of general character evidence under MRE 404, the admission of which would open the door to rebuttal character evidence. Bearing this in mind, we cannot find that defense counsel’s failure to call the four proposed witnesses, and to keep the door closed to potential rebuttal evidence, was anything but sound trial strategy. Dixon, supra at 398; Henry, supra at 146.

Moreover, defendant has not shown that he was denied a substantial defense by defense counsel’s failure to call the proposed witnesses. Dixon, supra at 398; Hyland, supra at 710.

Defendant claims that the witnesses’ proposed testimony was necessary to rebut the prosecution’s argument that he gave his cellular telephone number to the complainant in order to

Page 5-5- engage in an inappropriate relationship. But, evidence of defendant’s alleged habit of helping youth in need and handing out his cellular telephone number does not counter the allegations of his particular conduct toward the complainant. The complainant testified that defendant “fondled” her breasts and that she masturbated defendant when he asked her to do so.

Additional testimony at trial established that there were at least 48 telephone calls between the complainant and defendant over several months, 34 of which were initiated from defendant’s telephone.

In light of this evidence, we cannot conclude that the jury would have acquitted defendant if presented with the proposed testimony. Henry, supra at 146; Hyland, supra at 710.

A new trial is not warranted. Moreover, because defendant has failed to demonstrate that facts elicited during an evidentiary hearing would support his claim, we decline to order a remand. See MCR 7.211(C)(1)(a)(ii).
Affirmed.
/s/ Henry William Saad
/s/ Kathleen Jansen
/s/ Jane M. Beckering


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