Friday, June 12, 2009

06122009 - Police Chief John Josten - Sentenced - Bloomingdale PD



June 12, 2009: Bloomingdale Police Chief, John Josten: Pleaded guilty to misdemanor domestic assault [April 2009 assault against his wife, Deputy Joni Josten]. Chief Josten was placed on probation, with the assault being erased from his record after one-year.









Bloomingdale Police Chief John Josten [mug shot for domestic violence arrest]. Chief Josten had a previous conviction for assault in 1978 AND 2004.









Chief John Josten Pleaded Guilty
June 12, 2009 4:30 PM
http://www.wwmt.com/articles/mich-1363525-allegan-newschannel.html

ALLEGAN COUNTY, Mich. (NEWSCHANNEL 3) – John Josten, Chief of Police in Bloomingdale, pleaded guilty Friday at his pretrial hearing in Allegan District Court.

Josten pleaded guilty to misdemeanor domestic assault, and has received a deferred sentencing. This means that Josten must complete a probationary period where he attends counseling, does not contact his wife, and doesn't consume drugs or alcohol.

If Josten successfully completes the probationary period, the misdemeanor will be erased from his record.

It is not clear, however, when John Josten, 53, of Otsego, may return to his job as police chief and sole officer for the village of about 500 people.

Members of the Bloomingdale Village Council were to have met for a regular meeting Tuesday night. However, council President Tom Rock said it was unlikely that court documents about the proceedings would be available then for them to discuss the case.

``We do not know (what happened in court),'' Rock said. ``We have no documentation, no clarification ... no knowledge of anything.

``It's something that's going to be an issue until we the council and the police committee get together and go over it.''

The council voted May 26 to suspend Josten, with pay, until June 19.

Josten pleaded under a law that allows a person who assaults a domestic partner to plead guilty to the charge but have sentencing deferred for up to a year.

As part of his plea on Friday, Josten, like any defendant in a similar case, was ordered by Allegan County District Judge William Baillargeon to attend counseling, get a substance-abuse assessment and have no contact with the victim, District Court Administrator Linda Lenahan said.

The court was working to amend his bond conditions so that he could carry a firearm in the course of his work, she said.

If he is successful during his probation, Josten's charge would be dismissed no later than June 14, 2010, and the case would become nonpublic, Lenahan said.




















Bloomingdale police chief pleads guilty to domestic violence
Wednesday, June 17, 2009
Kalamazoo Gazette
BY LYNN TURNER
http://www.mlive.com/news/kzgazette/index.ssf?/base/news-34/124525024525610.xml&coll=7

BLOOMINGDALE -- Bloomingdale's police chief remains on suspension with pay after pleading guilty to a domestic-violence charge in Allegan County that can be dismissed within a year if he complies with court-ordered sanctions.


Bloomingdale voters retain village council
By Rod Smith
Kalamazoo Gazette
February 23, 2010, 9:58PM

BLOOMINGDALE — With half the voters turning out, the five members of the Bloomingdale Village Council targeted for recall survived by better than 2-to-1.



Vote totals were generally over 100 to retain and about 50 to remove during Tuesday’s election.



President Tom Rock’s numbers were 118 to retain and 45 to remove, President pro tem Tom Barczak 49-115, council member Shirley Noble 52-111; Council member Toni Rankin 40-123 and council member William Rawlings 54-109.



The Kalamazoo Gazette was able to contact only Barczak after the election results were in. He had no comment.



Former council member Steve Spiece ran a successful petition drive against the five after they voted to fire Police Chief John Josten.



The language alleges they had voted against the majority of village opinion, with some trustees having additional allegations against them.



The petitions allege personal bias on the part of Rock, Rankin and Rawlings on the firing and say each should have abstained from voting.



Rock, the petition alleged, was biased “due to his personal bias resulting from his arrest and conviction for assault by Chief Josten.”



Rankin’s personal bias, it alleged, was from the arrest of her grandson by Josten. Rawlings, it alleged, had been arrested by the police chief for domestic violence.



Further, it said, he had been in default on sewer payments for more than 12 months, making him ineligible to serve on the council. However, on Oct. 20 Barczak announced at a meeting, not identifying anyone, that no council member was in arrears now.



Rock, according to South Haven District Court records, had been arrested in Bloomingdale on Sept. 23, 2008, on misdemeanor assault charges as well as disturbing the peace. The assault charge was dropped. Rock pleaded no contest to disturbing the peace.



Council members have been largely silent publicly about the charges, not even formally filing written defenses that would go on the election ballot, as is allowed by election laws.



More recently, Rock said the charges contained untruths and the council has performed in a responsible manner.



Former Police Chief Josten was hired in 1993 and named chief later that year. Last year Josten pleaded guilty to a misdemeanor domestic violence charge in Allegan County. The assault and battery charge can be dropped if he complies with court requirements for a year.



On Sept. 15, the council voted 5-1 for termination. He sued after that, alleging breach of contract.



In a settlement agreement, the village agreed to allow him to submit a letter of resignation dated May 22, 2009. It also agreed to pay $19,000, of which $10,000 was covered by insurance.



Since Josten was suspended and later terminated, the village has been without a police force.



The village council is investigating whether to hire another cop or go some other route.












Village council faces recall vote
WWMT NEWS
February 23, 2010 6:15 PM

VAN BUREN COUNTY, Mich. (NEWSCHANNEL 3) – Tuesday is election day in West Michigan, and voters in a Van Buren County village have a big decision to make.



In Bloomingdale, they're voting on a proposal to recall five village council members.



Those leading the recall say trustees left the village without police protection when they voted to fire the police chief.



In September 2009, after he pleaded guilty to domestic assault, the council voted to fire John Josten. Josten was not only the police chief, but the village's only police officer.



That firing set off a huge debate in Bloomingdale, some questioned if three of the council members were even qualified to vote on the firing.



The battle in the village has been making headlines, and now five members of the village council could well be fired Tuesday night by the voters. It's a major recall election and it seems that one of the fundamental disagreements is whether people are safe in the village.



Bloomingdale has been so divided in its politics that somebody slashed the tires of three of the current board members late in 2009 as the recall movement was going on.



Barbara Fox says it's a good old-fashioned power struggle between two groups, the one group elected, and the other the group who wants to get rid of the elected. Fox says the recall is ludicrous.



“I'm impressed with the job they've done,” said Fox.



One of the main issues in Bloomingdale is that the police chief's office is vacant, the one and only cop in the village is gone and hasn't been replaced. Officer John Josten was fired after he entered a guilty plea to a domestic violence charge.



“I think we're just fine,” said Fox. “I see police officers going through here all the time.”



Others in town are behind the recall, and want to put leaders in who will support a local officers. Some are hoping that Tuesday sees a complete overhaul, a total recall of village leaders.



Bloomingdale has about 300 registered voters, and seventy percent of those voters are expected to turnout and vote. In an election like Tuesday night's a couple of votes could make a huge difference.











Voters head to the polls
WWMT NEWS
February 23, 2010 8:06 AM

MICHIGAN (NEWSCHANNEL 3) - Voters head to the polls in several West Michigan counties Tuesday to decide on a number of important issues.



People in Bloomingdale will decide whether to recall five village trustees over the firing of Bloomingdale Police Chief John Josten.



In Holton voters will choose whether to pay for a road-funding millage request.



Fruitport and Belding School Districts have bond proposals on the ballot.



The Kelloggsville School District is asking for an operating millage renewal.



Look for the results of those elections as soon as the votes are counted online on wwmt.com.











As recall vote nears, Bloomingdale president defends actions:
Village board targeted after firing police chief
By Rod Smith
Kalamazoo Gazette
February 19, 2010, 8:25AM

BLOOMINGDALE — The president of the village of Bloomingdale says that the charges against five of the council members contain untruths and is critical of the way the media reported them.



President Tom Rock was speaking for himself, President pro tem Tom Barczak and trustees Shirley Noble, William Rawlings and Toni Rankin on the allegations contained in recall petitions calling for their ousters.



Village residents will decide Tuesday whether Rock and the other council members should be recalled.



“There is a lot of untruths to the statements and the allegations,” Rock said, “that the news media has failed to respond to.”



“The five of us being recalled would make the statement that we have performed in a responsible manner,” Rock said.



“We have addressed health, safety and welfare of the village residents. We would not rescind any decisions that we have made and we are proud of what we have done for the village of Bloomingdale.”



He made the statement following Tuesday’s village council meeting.



Former council member Steve Spiece ran a successful petition drive against the five after they voted to fire Police Chief John Josten.



The language alleges they had voted against the majority of village opinion, with some trustees having additional allegations against them.



The petitions allege personal bias on the part of Rock, Rankin and Rawlings on the firing and say each should have abstained from voting.



Rock, the petition alleged, was biased “due to his personal bias resulting from his arrest and conviction for assault by Chief Josten.”



According to records in South Haven District Court, Rock was charged in September 2008 with assault and disturbing the peace. He later pleaded no contest to disturbing the peace and the assault charge was dropped.



Rankin’s personal bias, it alleged, was from the arrest of her grandson by Josten. Rawlings, it alleged, had been arrested by the police chief for domestic violence. Further, it said, he had been in default on sewer payments for more than 12 months, making him ineligible to serve on the council.



However, on Oct. 20 Barczak announced at a meeting, not identifying anyone, that no council member was still in arrears.



The subjects of recall elections are given space on ballots to respond to the allegations against them. None of the Bloomingdale council members did so.



Josten was hired in 1993 and named chief later that year. Last year, Josten pleaded guilty to a misdemeanor domestic violence charge in Allegan County.



An assault and battery charge can be dropped if he complies with court requirements for a year. On Sept. 15, the council voted 5-1 terminate Josten. Josten filed a lawsuit alleging breach of contract.



In a settlement agreement, the village agreed to allow him to submit a letter of resignation dated May 22, 2009. It also agreed to pay $19,000, of which $10,000 was covered by insurance. Council member Herbert Van Horn, who did not vote to fire Josten, was not the subject of a recall petition.



The seventh council member, Judy Little, was not on the council when the decision to fire Josten was made. Since Josten was suspended and later terminated, the village has been without a police force.



The village council is investigating whether to hire another cop or go some other route.









Fired police chief gets $19,000 in settlement
Lawyer thinks Josten will get his job back
Posted: Friday, December 18, 2009 12:00 am
Updated: 8:28 pm, Tue Nov 15, 2011.
By ROD SMITH - H-P Correspondent
The Herald-Palladium

BLOOMINGDALE - Bloomingdale's former police chief will receive $19,000 under terms of a settlement approved this week by the Bloomingdale Village Council.

The council agreed to pay former Chief John Josten that amount in response to Josten's breach of contract lawsuit filed after the council fired him in September.

Mike Bogren, a lawyer for the Michigan Municipal League, the village's insurance company, said the terms include allowing Josten to submit a letter of resignation dated May 22, 2009, which was the last day he actually worked. When people request information about his work record, the village will only give the dates he worked, his position and rate of pay.

"Really the village's hands were tied by the language of the contract," Bogren said.

The council fired Josten on Sept. 15 following a period of suspension after he was arrested for misdemeanor domestic violence in Allegan County. He later pleaded guilty, and if he complies with court requirements for a year, the assault and battery charge can be dropped.

Bogren said Josten's contract required a written statement of charges, which he did not receive when he was suspended. If the village didn't accept the settlement and instead went to court, Bogren said, "he's probably going to end up with more than $19,000."

"It's the best of the worst," Village Vice President Tom Barczak said of the situation.

Josten was not present at Tuesday's meeting, but his lawyer, Douglas Merrow of Kalamazoo, said the $19,000 was what was called for under the contract. Had the case gone to trial, Merrow said, "I was pretty confident that we were going to win the case."

Merrow said he thinks it's likely Josten will be back on the job after February. "Every person that I have spoken to since I've been handling this case has told me what a fantastic job he has done," Merrow said.

Merrow was referring to the February recall election against the five council members who voted to fire Josten. They are Barczak, President Tom Rock and Trustees Toni Rankin, William Rawlings and Shirley Noble.

Josten had worked for the village since 1993 after having worked for the Bangor Police Department for two years and the Allegan County Sheriff's Department Mounted Division. He was named chief the first year he worked for Bloomingdale.

Josten is also a registered nurse.

The $19,000 breaks down into $9,000 from the village and $10,000 from the insurance company.








Bloomingdale to pay former chief $19K
In return, John Josten has to agree to resign
WOODTV 8 NEWS
Updated: Thursday, 17 Dec 2009, 4:11 PM EST
Published : Thursday, 17 Dec 2009, 3:43 PM EST
By Ken Kolker

BLOOMINGDALE, Mich. (WOOD) - The village of Bloomingdale has agreed to pay a $19,000 settlement to its former police chief, who was suspended after a conviction for assaulting his wife.



In exchange, former chief John Josten has agreed to sign a letter of resignation dated May 22, 2009, his last day on the job.



The village will pay $9,000 and its insurance company through the Michigan Municipal League will pay the remaining $10,000, village trustee Thomas Barczak said.



"It's what we offered him in the spring before all this blew up," Barczak told 24 Hour News 8 on Thursday.



The village council approved the settlement Tuesday. It calls for the chief to drop the lawsuit he filed against the village over his suspension.



Josten alleged the council suspended him without the 30-day notice required by his contract.



His attorney, Douglas Merrow, said Josten has agreed to the settlement.



Josten, who has a history of assaults, was suspended without pay after he assaulted his wife -- Allegan County Deputy Jodi Josten -- in April.



He allegedly threw a glass during an argument that hit his wife in the shoulder.



Josten pleaded guilty, was given up to one year probation and ordered to pay $415 in fines and other costs. But the case will be dismissed if he completes court-ordered therapy.



He received a year of probation for assault and battery in 1978 in Portage, and was charged in 2004 with assaulting a man. That case was dismissed after he was placed on prosecutorial probation.



Josten's suspension divided Bloomingdale, a village of 500 people in northern Van Buren County, leading to recall petitions that were approved against three council members. The recall election is set for Feb. 23.



A successful recall could lead to Josten's re-hiring, Merrow said.



"I understand he's got very strong backing in the community," the attorney said. "His performance there has just been stellar."















Bloomingdale ex-police Chief John Josten settles lawsuit with village
By Rod Smith Special to the Kalamazoo Gaz...
December 16, 2009, 11:10PM

BLOOMINGDALE — The village of Bloomingdale has approved a settlement of a lawsuit brought by the former police chief.



The council on Tuesday agreed to pay former Chief John Josten $19,000 if he agrees to drop his lawsuit.



The village is paying $9,000, the insurance company $10,000.



“It will allow Mr. Josten to submit a letter of resignation effective May 22, 2009, which was his last day of work,” said Mike Bogren, an attorney for the Michigan Municipal League, which insures the village.



Bogren said the dispute was over contract language that called for Josten being given a written notice, but instead he was suspended without a written notice.



Josten’s lawyer, Douglas Merrow, said the settlement is the amount called for in the contract.



Merrow said the settlement “is a fair resolution of what his rights were under the contract that he had signed.”



Josten had been arrested and pleaded guilty to a misdemeanor domestic violence in Allegan County. The assault and battery charge can be dropped if he complies with court requirements for a year.



Josten’s firing has brought much criticism against the village council. Five of the seven council members are the subjects of a recall election on Feb. 23.



Targeted are Village President Tom Rock, President Pro Tem Thomas Barczak and Trustees Toni Rankin, Shirley Noble and William Rawlings.



Trustee Herbert Van Horn voted against firing Josten and Trustee Judy Little was not on the council at that time. Neither is being targeted for recall.



Referring to the recall election, Merrow said he was “fairly confident” that Josten would be back on the job after February.



“People just think the world of him,” Merrow said.












Bloomingdale's ex-police chief sues village
By Kalamazoo Gazette staff
October 09, 2009, 10:17PM

BLOOMINGDALE — Bloomingdale’s former police chief has sued the village, claiming the village council lacked cause to fire him and breached his contract.



John Josten was fired last month following his arrest earlier this year on a domestic-violence charge.



A lawsuit filed Monday in Van Buren County Circuit Court alleges Josten was denied due process by the village and seeks that he be reinstated or be awarded least 90 days each of his salary and severance pay, as well as accrued sick pay.



Josten’s suit alleges the village has failed to comply with a request for records under the Freedom of Information Act and seeks costs, attorney fees and punitive damages against the village. It also claims Josten was fired in part for “having made arrests in the past of certain relatives of village council members,” according to a news release by his attorney that accompanied a copy of the lawsuit.



Josten, of Otsego, and his Kalamazoo attorney, Douglas A. Merrow, will not comment further on the suit, the release said.



The Kalamazoo Gazette was unable to reach Mark Manning, the village’s attorney, for comment.



In May, Josten pleaded guilty to a misdemeanor assault and battery charge, which will be dismissed within a year if he complies with court-ordered requirements, stemming from a domestic-assault incident in Allegan County.



The village council voted May 26 to suspend him with pay, then in July began termination proceedings. It voted Sept. 15 to fire Josten.



Some village residents have sought to persuade the council to reinstate Josten and have circulated petition to recall council members. Village President Tom Rock said in September that he believed there will be a recall election in February.



Josten, the village's only police officer, was hired in 1993 and named chief later that year. With his departure, Bloomingdale has relied on police coverage from the Van Buren Sheriff's Office and Michigan State Police.










Three face recall for initiating attempt to fire police chief
John Josten fired Tuesday in a 5-1 vote by the village council
Posted: Friday, September 18, 2009 12:00 am
Updated: 8:30 pm, Tue Nov 15, 2011.
By ANDREW LERSTEN - H-P South Haven Bureau
Correspondent Rod Smith

The Herald-Palladium

BLOOMINGDALE - Three Bloomingdale Village Council members are being targeted for recall for starting the termination process against Police Chief John Josten.

The Van Buren County Election Commission recently approved recall petition wording against President Tom Rock and Trustees Toni Rankin and William Rawlings submitted by former councilman Steven Spiece, county Clerk Tina Leary said.

While the wording varies by petition, the common allegation is that Rock, Rankin and Rawlings should be recalled because they voted to initiate termination proceedings against the police chief, and that action was contrary to the wishes of the majority of the village residents.

"A good chunk of the village believes it's in the best interests of the village (to recall the officials)," Spiece said Tuesday. "I know (Josten) has been a positive influence in the village. He has been for many years."

The Village Council voted Tuesday to fire Josten, who has been police chief since 1993.

President Pro Tem Tom Barczak made the motion to terminate.

"I think this will give us an opportunity to move forward and get the police protection the people want," he said.

In his motion to remove Josten, Barczak cited the recent tire slashings of the vehicles of Rock, Rawlings and Nick Rankin, husband of council member Toni Rankin.

The vote to fire Jostens was 5-1, with council member Herbert Van Horn dissenting

Spiece said more than 130 residents and business owners submitted a petition in July urging the council to reinstate the chief, who had been suspended.

Spiece had also sought to recall two other council members, Barczak and Shirley Noble, but the county elections committee did not approve the petition language on the grounds it was not clear to voters, Leary said.

Rock said the council voted to begin the process to remove Josten this summer following his arrest and guilty plea to a misdemeanor domestic violence charge in Allegan County. If he complies with court requirements for a year, the assault and battery charge will be dropped.

During Tuesday's meeting, council members appointed 19-year resident Judy Little to the council. Little has 24 years of experience in business management.

Little succeeds Nancy Miller, who recently resigned. Little will fill Miller's position until 2010 at which time there will be an election for the two years remaining of Miller's term.













Bloomingdale fires police chief
WWMT NEWS
September 17, 2009 5:07 PM

VAN BUREN COUNTY, Mich. (NEWSCHANNEL 3) – Months of heated debate have come to a head with the firing of Bloomingdale's police chief.



The village council voted to dismiss Chief John Josten.



The firing comes after Josten pleaded guilty to a misdemeanor domestic violence charge in Allegan County in May. That, however, wasn't their only reason.



The debate over Josten's dismissal has been personal.



Three council members, all under threat of recall campaigns connected to the debate over Josten, had their tires slashed in September.



They believe the damage to their vehicles and the debate over Josten are connected.



Josten had been on suspension since May 26th. He was not only the police chief, he was the only cop in the village. In the interim, Michigan State Police and Van Buren County Deputies have taken up the slack.














Bloomingdale fires chief of police
John Josten out on 5-1 vote
WOOD TV-8 NEWS
Updated: Thursday, 17 Sep 2009, 1:24 PM EDT
Published : Thursday, 17 Sep 2009, 1:19 PM EDT

BLOOMINGDALE, Mich. (WOOD) - By a 5-1 vote, John Josten was fired as chief of the Bloomingdale police.



The vote comes after he was suspended for a domestic assault, and amid allegations the village council was targeting him because he arrested some of them.



The vote came after negotiations between attorneys representing the village and the chief.



Among the five voting to remove Josten were t hree who had their tires slashed last week -- the same three who are the target of an ongoing recall effort.















Council fires Bloomingdale police chief
Kalamazoo Gazette
Thursday, September 17, 2009
BY ROD SMITH

BLOOMINGDALE -- The Bloomingdale Village Council has fired Police Chief John Josten, ending months of community debate.



Josten's firing follows his arrest on a misdemeanor domestic-violence charge in Allegan County.



In May, he pleaded guilty to the assault charge, which will be dismissed within a year if he complies with court-ordered requirements.



In making the motion to terminate Josten's employment at Tuesday's council meeting, President Pro Tem Tom Barczak cited actions against council members, including the slashing of tires on some council members' vehicles.



President Tom Rock said the tire slashings occurred Monday.



``I myself had my tires on my truck slashed,'' Rock said. ``Bill Rawlings had his, and Nick Rankin had his.''



Three council members -- Rock, Rawlings and Toni Rankin -- also have been targeted in recall campaigns in connection with Josten's firing.



``The reason that I'm making a motion is that we need to terminate a situation that is dragging on and is getting to be personal,'' Barczak said.



With no discussion, the council voted 5-1 to fire Josten. Trustee Herbert Van Horn cast the dissenting vote.



The council voted May 26 to suspend Josten, the village's only police officer, with pay. During his suspension, the village has relied on officers from the Van Buren County Sheriff's Office and the Michigan State Police.



In July, former Village President Bill Miller presented a petition to the Village Council that sought Josten's reinstatement. The petition contained the names of 130 village residents.



Josten, who attended Tuesday's meeting, declined to comment on his dismissal, saying he'd been advised by his attorney to not comment.



Josten was hired in 1993 and named chief later that year. He had worked for the Bangor Police Department for two years and formerly served with the Allegan County Sheriff's Department Mounted Division.












 Slashed tires believed to have been politically motivated
WWMT NEWS
September 15, 2009 5:39 PM

VAN BUREN COUNTY, Mich. (NEWSCHANNEL 3) – Deputies in Van Buren County want to track down the people who went on a tire-slashing spree.



Three cars had tires slashed around the Village of Bloomingdale on Sunday morning.



One of the victims of the tire slashing say the incidents weren't random. All three victims are village officials in Bloomingdale, and all three are in danger of getting recalled.



"It's just an unfortunate situation all around," said William Rawlings.



Rawlings came outside to go to work on Monday to find an unpleasant discovery.



"I just thought I had a flat, then I got out and both these tires were slashed," said Rawlings.



And Rawlings wasn't alone in seeing his vehicle struck, two tires on Toni Rankin's truck were also slashed. Rankin, like Rawlings, is a village trustee in Bloomingdale. Village president Tom Rock was also made a target.



All three officials face recalls, the county approved petition language at the start of September, and citizens now have about six months to gather 35 signatures for each of them. Then the voters will decide, likely in February of 2010, whether the three will remain in office.



"So I'm sure that has a little bit to do with why we got our tires cut," said Rawlings.



The three all supported the suspension of Village Police Chief John Josten without pay. Josten pleaded guilty to assaulting his wife in April.



William Rawlings has served the village for almost four years, and now he's worried about what village politics will lead to.



"Maybe they were trying to send a message, but my concern is what is going to be next?" asked Rawlings. "Is this going to escalate?"



Anyway with informations about the slashed tires is asked to call the Van Buren County Sheriff's Department at 269-657-3101.














Vandals target Bloomingdale officials
3 officials supported suspension of John Josten
WOOD TV-8 NEWS
Updated: Monday, 14 Sep 2009, 9:03 PM EDT
Published : Monday, 14 Sep 2009, 9:03 PM EDT

BLOOMINGDALE, Mich. (WOOD) - The village president of Bloomingdale and two other councilmembers had their car tires slashed early Monday morning.



The slashings are considered malicious destructions of property, according to the Van Buren County Sheriff's Department.



The victims are village president Tom Rock and councilmembers Bill Rawlings and Toni Rankin.



The incident is "awful strange," Rock told 24 Hour News 8. "The three people from the council being recalled all had their tires slashed. It wasn't ... random. They singled out our three vehicles."



Rock, Rawlings and Rankin all supported the suspension of Bloomingdale police chief John Josten, after he pleaded guilty to assaulting his wife -- Allegan County Deputy Jodi Josten -- in April 2009.



Josten has a history of assaults, and is suspended without pay. He may lose his job after pleading guilty.



Many Bloomingdale residents support Josten and last week circulated a petition to have Rock, Rawlings and Rankin recalled.



"Hopefully, it does not escalate from this, but if (the suspects think) they are going to intimidate any one of the three (of us) by puncturing our tires, they're just in the wrong position," Rock said. "In fact, it proves our point.



"We had some tough decisions to make. We didn't force (Josten) to plead guilty to the assault."



The sheriff's department says "all three cases appear to be related" and asks anyone with information to contact officials. The department can be reached at (269) 657-3101 and Silent Observer's number is (269) 343-2100.

















Bloomingdale, a one-cop town until now
Chief suspended; he claims retaliation
Updated: Thursday, 10 Sep 2009, 6:23 PM EDT
Published : Thursday, 10 Sep 2009, 11:00 AM EDT
WOOD TV 8 NEWS
Ken Kolker

BLOOMINGDALE, Mich. (WOOD) - This is a tiny village with a police department normally half the size of TV's Mayberry. It was a one-cop town -- until now.



And, that has torn apart this village, leaving it without a police chief, and, without a police department.



"He can't patrol," said Village Council Member Thomas Barczak. "We're not paying him."



Chief John Josten blames the Village Council. "I do believe it's a retaliatory motive that they've had," for arrests he's made of village council members or their relatives, Josten told 24 Hour News 8.



Bloomingdale is in northern Van Buren County, southwest of Allegan. Home to slightly more than 500 people -- a farming community, an old railroad town without a railroad.



Josten, who has a history of assaults, is suspended without pay and expects to lose his job after he assaulted his wife -- Allegan County Deputy Jodi Josten -- in April.



He allegedly threw a glass during an argument that hit his wife in the shoulder. He pleaded guilty in June through a domestic diversion program, was placed on up to a year probation and was ordered to pay $415 in fines and costs.



But the case will be dismissed if he completes court-ordered therapy.



Allegan County Judge William Baillargeon amended his probation, allowing Josten to carry a gun for work.



Many in the village support him. Some have signed a petition to force the village to keep Josten, who has worked there nearly 18 years. His contract, obtained by 24 Hour News 8 through the Freedom of Information Act, shows he was paid $38,500 a year to work 40 hours a week.



Van Buren County on Wednesday approved a petition to recall the village president, Thomas Rock, and village council members Tony Rankins and William Rawlings. However, the county denied wording on a petition to recall two other members: Thomas Barczak and Shirley Noble.



Village residents pay 10 mills in property taxes for their own police protection. Right now, they're getting nothing for their money. State police and the Van Buren County Sheriff's Department is responding to complaints, village officials said.



Some question why Josten kept the job as long as he did -- with a 1978 assault conviction in Portage, and an assault arrest in Barry County five years ago. Details in the 1978 case were not available, though State Police records show he was placed on probation for a year and ordered to pay fines.



In the 2004 case in Barry County's Yankee Springs, court records show, he allegedly assaulted a man, threatened witnesses and "acted inappropriately" during the investigation. He was placed on "prosecutorial probation" and the case later was dismissed. Records don't indicate why.



He could lose his job by Friday.



Josten claims he's being targeted by a vindictive Village Council after he arrested two council members and the grandson of another in recent years.



"I arrested Tom Rock for assault and battery and disorderly conduct on a senior citizen," he said.



Van Buren County court records show Josten arrested Village President Thomas Rock for assaulting a man and for disorderly conduct in August 2008 -- months before Josten's most recent arrest.



The president's assault case was dismissed, but he pleaded guilty to disorderly conduct and was ordered to pay fines.



"I've worked for other small towns -- I've worked for Bangor; I've worked for Paw Paw, which is a larger town -- but you usually don't have council members that are getting in trouble with the law," Josten said.



Rock refused to comment about Josten's retaliation allegations, saying that the chief was "suspended and terminated for cause." He says the village has treated the chief fairly.



There are no records available in what Josten claims was the arrest of a second village council member, or the arrest of a council member's grandson. He also claims the grandson has been "following me" and calling his grandmother -- the council member -- "telling her each move I make. I've seen her husband following me all around town, watching everything I do."



Josten said he wants the job back, but not under the current council. "I love this community," he said. "I've been here a long time. I live here. My kids go to school here. But this particular group of council members -- there's been such a breakdown with the relationship between police and them. I don't believe I could effect good law enforcement here."









[WOOD TV 8 NEWS]










Bloomingdale police chief arrested

Charged with midemeanor domestic assault
WOOD TV 8
Updated: Friday, 22 May 2009, 6:18 PM EDT
Published : Friday, 22 May 2009, 11:56 AM EDT
http://www.woodtv.com/dpp/news/local/sw_mich/Bloomingdale_police_chief_arrested

BLOOMINGDALE, Mich. (WOOD) - A Van Buren County police chief was arrested Friday morning on a misdemeanor assault charge.

The Allegan County Sheriff's Department took Bloomingdale Police Chief John Josten into custody.

Josten made an appearance in Allegan District Court on a misemeanor domestic violence charge involving his wife, an Allegan County Sheriff's deputy.

Josten allegedly threw a glass during an argument that hit his wife in the shoulder nearly a month ago.

Bloomingdale is a village of 500-600 people. One resident talked to 24 Hour News 8 and gave the chief credit for shutting down a crack house in the village and gaining the respect of the community.

"In this particular village he's done well," said Michael Cosby. "Because the crime rate's low and he's caught four or five people who have done breakins so he does his job."

The problem for the village is that Josten may not be able to continue as police chief because the judge today told him he had to stay away from firearms. He can't carry a weapon.

That could quickly end his law enforcement career no matter the outcome of the domestic violence allegation.

The village president today had just heard about the charge and had no comment but said Josten's future as chief is up to the village council.

If found guilty Josten could serve a maximum of 93 days in jail.

A look at Josten's criminal background reveals an assault conviction in 1978.

Chief John Josten, Bloomingdale PD [MI]. [WOOD TV 8 NEWS]








Police chief suspended in Bloomingdale after being charged with assault
Posted by Rex Hall Jr. Kalamazoo Gazette
May 28, 2009 01:00AM
http://www.mlive.com/news/kalamazoo/index.ssf/2009/05/police_chief_suspended_in_bloo.html

BLOOMINGDALE -- Bloomingdale's police chief has been suspended from his duties pending the outcome of an assault charge against him.

John Josten, 53, of Otsego, is scheduled to be arraigned Friday in Allegan County on a misdemeanor charge of assault and battery against a family member, authorities said.

The Bloomingdale Village Council during a special meeting Tuesday suspended Josten, with pay, from his duties as police chief through June 19, council President Tom Rock said.

"We're all awaiting the outcome," Rock, reached Wednesday, said of the charge against Josten. "We have no more information than you do on the situation."

Josten turned himself in at the Allegan County Sheriff's Office last Friday after the prosecutor's office authorized a warrant based on an investigation by the Michigan State Police, Lt. Dave Greydanus said.

Police began investigating Josten on May 15 after troopers received a report alleging he had been involved in an assault on a family member, Greydanus said. He declined to give the exact relationship between Josten and the family member.

Josten was hired as a Bloomingdale police officer in 1993 and promoted to chief that same year. He is Bloomingdale's only police officer, but Rock said the village will not seek additional police support during the time the chief is suspended.

"We have total coverage as any other village does in the county," the council president said, referring to coverage from the Van Buren County Sheriff's Office and Michigan State Police.

Bloomingdale, in Van Buren County, is about 15 miles north of Paw Paw.

An Allegan County District Court official said Josten is scheduled to appear at 10 a.m. Friday for arraignment on the assault charge.

Kalamazoo Gazette Staff Writer Lynn Turner contributed to this report. She can be reached at (269) 388-8564 or
lturner@kalamazoogazette.com.
Bloomingdale Police Department [WOOD TV 8 NEWS]









Police Chief enters guilty plea




Bloomingdale, Michigan [WOOD TV 8 NEWS]







Bloomingdale Police Department [MI]. [WOOD TV 8 NEWS]




1978: John Josten received a year probation for an assault and battery in Portage Michigan.
http://michiganoidv.blogspot.com/1978/01/chief-john-josten-bloomingdale-pd.html

1993: John Josten hired by the Bloomindale PD and named as police chief later that year.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

2004: Chief John Josten was charged with assaulting a man in Barry County Yankee Springs. Josten was placed on prosecutorial probation and case was later dismissed.
http://michiganoidv.blogspot.com/2004/01/chief-john-josten-bloomingdale-pd.html

May 2009: Chief Josten was arrested for a domestic violence assault against his wife, an Allegan County Sheriff deputy.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

May 2009: Chief Josten pleaded guilty to a misdemeanor assault and battery charge, which will be dismissed within a year.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

May 2009: Chief Josten was supsended from the Bloomingdale PD.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

September 14, 2009: Council members who had supported the supension of Chief Josten, following his pleading guilty to domestic violence charges, had their car tires slashed on the same day.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

September 17, 2009: Chief Josten was fired from the Bloomingdale PD.
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html

June 2010: Chief Josten's domestic violence assault case would become nonpublic [under MCL 769.4a]
http://michiganoidv.blogspot.com/2009/05/chief-john-josten-bloomingdale-pd.html



Michigan Officer Involved Domestic Violence

Friday, May 29, 2009

05282009 - Officer Robert Vargas - Sentenced - Lansing PD




Officer Robert Vargas sentenced for stalking police officer who arrested him for May 2007 stalking incident.










Lansing police officer sentenced to probation for stalking officer in Jackson County
by Danielle Quisenberry
Jackson Citizen Patriot
Thursday May 28, 2009, 3:27 PM
http://www.mlive.com/news/jackson/index.ssf/2009/05/lansing_police_officer_sentenc.html

A former Lansing police officer convicted of stalking a Blackman Township public safety officer was sentenced Thursday to five years probation.

As a condition of his probation, Robert Vargas, 39, is not to have any contact with Officer Joseph Merritt or his family, said Jackson County Circuit Judge Thomas Wilson.

A jury convicted Vargas, who recently retired as an officer after he was given a duty disability pension, of misdemeanor stalking and acquitted him on a charge of malicious use of a telephone.

Merritt testified at the trial that Vargas twice called him and made threatening statements after Merritt arrested Vargas in 2007 on misdemeanor charges of domestic violence and telephone harassment.

In that case, Vargas was convicted of telephone harassment and was sentenced in October 2007 to 15 months probation.

Four days after his probation ended, Vargas first called Merritt and said, "You are going to need an attorney ... you're dead," according to testimony.

Thursday, Vargas turned to Merritt, who was sitting in the courtroom, and apologized. "Joe, I am truly sorry that things got to this point," he said. "I wish you all the best in the future."

His lawyer, Fred Blackmond, said Vargas is "changing his life."

Merritt said it did not seem as though Vargas had gotten over Merritt arresting him.

According to you, I have some general disdain for you. That's not true," Merritt said.

He said he never wanted to arrest a police officer, but had to make a difficult decision, which, as a former police officer, Vargas should understand.

Merritt said Vargas deserved jail time, but asked Wilson not to send him to jail. "I would ask Mr. Vargas to move on with his life and get past all this."

Wilson said he had planned to order Vargas to jail for "impact purposes," but did not.

A few years down the road, if Vargas has done well, Wilson said he may consider taking Vargas off probation.

Vargas was placed on paid administrative leave from the police department after he was first charged with crimes in 2007. Since then he was granted the pension.

In April 2004, Vargas was shot four times and killed one suspect during what authorities said was a robbery in progress.












Jackson County jury finds former Lansing police officer guilty of misdemeanor stalking
by Danielle Quisenberry
Jackson Citizen Patriot
Tuesday April 21, 2009, 5:23 PM
http://www.mlive.com/news/jackson/index.ssf/2009/04/jackson_county_jury_finds_form.html

A jury found a former Lansing police officer guilty on Tuesday of stalking a Blackman Township public safety officer who arrested him in 2007.

After nearly a day of deliberations, jurors acquitted Robert Vargas, 39, of Mason of aggravated stalking, a felony, and convicted him of the lesser charge of misdemeanor stalking.

They also found him not guilty of malicious use of a telephone, a misdemeanor.

Circuit Judge Thomas Wilson is to sentence Vargas May 28. His crime is punishable by up to a year in jail and a $1,000 fine.

Public Safety Officer Joseph Merritt testified that Vargas twice called him in April 2008 and made threatening statements.

The threats occurred after Merritt arrested Vargas in 2007 in Blackman Township on a domestic violence charge.

A Jackson County jury found Vargas not guilty of domestic violence, but guilty of harassing his former girlfriend with a telephone. He was sentenced to probation.

Soon after his probation ended, Vargas called Merritt, according to Merritt and cell phone and court records.

Chief Assistant Prosecutor Mark Blumer argued the threats "terrified" Merritt, who sent his wife and children from their home after he received the first call.

Merritt testified he worried often about Vargas, who lives within a half mile of Merritt's home.

"I think about it when I am out plowing snow, I think about it when I am weeding flower beds. I think about it all the time," Merritt testified.

Defense lawyer Fred Blackmond argued Merritt was not really afraid of Vargas.

Blackmond said the elements to prove the felony charge of aggravated stalking "weren't really there."

Blackmond said Vargas, who suffers from post-traumatic stress disorder, is retired from the Lansing Police Department. He received a duty disability pension after he was shot four times and killed one of the suspects during a robbery in progress in April 2004.









Jury deciding if former Lansing police officer was stalking Blackman Township officer
Published: Tuesday, April 21, 2009, 7:53 AM
Updated: Tuesday, April 21, 2009, 7:55 AM
By Mike D. Lammi
The Jackson Citizen Patriot
http://www.mlive.com/news/jackson/index.ssf/2009/04/jury_deciding_if_former_lansin.html

When Blackman Township Officer Joseph Merritt picked up his cell phone in April 2008, a male voice told him, "You are going to need an attorney. ... You're dead."

He was so bothered by the threat, Merritt sent his wife and two daughters away from their home, he testified Monday at the trial for Robert Vargas, who is accused of stalking Merritt.

Both sides rested their cases Monday. A jury is to continue deliberations today.

Vargas, 39, a retired Lansing police officer, is charged with aggravated stalking, a felony punishable by up to five years in prison, and malicious use of a telephone, a misdemeanor.

Merritt said Vargas twice called him on his personal cell phone and made foreboding statements, first on April 21, 2008, and again four days later.

In the second call, Vargas said, "Judgment day is coming, Joe," and hung up the phone, Merritt testified.

Merritt arrested Vargas in spring 2007 in Blackman Township, where Vargas' former girlfriend lived. He was arraigned in May 2007 on misdemeanor charges of domestic violence and telephone harassment. A jury acquitted Vargas of domestic violence but found him guilty of telephone harassment, and he was sentenced in October 2007 to 15 months probation.

Four days after Vargas' probation ended, Merritt received the first call, said Chief Assistant Prosecutor Mark Blumer, who showed court and telephone records to the jury.

Prior to that call, Merritt said Vargas followed him around Meijer in Mason while Merritt, who lives in Mason, shopped there with his family.

When questioned by defense lawyer Fred Blackmond, Merritt said he was not intimidated by Vargas at that time. "He was being a jerk," Merritt said.

Blackmond contended Merritt was not seriously threatened by Vargas, who Merritt learned during his domestic violence investigation lived within a half mile of Merritt's home.

Merritt said Monday he did not know if Vargas still lived in such close proximity.

If he was seriously frightened of Vargas, he would know this, Blackmond said.

"He is not scared of Mr. Vargas; he thinks he is a jerk," Blackmond said in his closing argument.

Merritt said he knew, through his work on the domestic violence case, Vargas had a cabinet full of guns in his home.

Vargas was placed on paid administrative leave after he was first charged with the crime in May 2007. He is now retired, his lawyer said. Vargas applied last year for a duty disability pension.

On April 29, 2004, Vargas was shot four times and killed one suspect in what authorities called a robbery in progress in Lansing.









Former police officer's fate in hands of jury
Tuesday, April 21, 2009
By Danielle Quisenberry
http://www.mlive.com/news/citpat/index.ssf?/base/news-28/1240322711224300.xml&coll=3

When Blackman Township Officer Joseph Merritt picked up his cell phone in April 2008, a male voice told him, ``You are going to need an attorney. ... You're dead.''

He was so bothered by the threat, Merritt sent his wife and two daughters away from their home, he testified Monday at the trial for Robert Vargas, who is accused of stalking Merritt.

Both sides rested their cases Monday. A jury is to continue deliberations today.

Vargas, 39, a retired Lansing police officer, is charged with aggravated stalking, a felony punishable by up to five years in prison, and malicious use of a telephone, a misdemeanor.

Merritt said Vargas twice called him on his personal cell phone and made foreboding statements, first on April 21, 2008, and again four days later.

In the second call, Vargas said, ``Judgment day is coming, Joe,'' and hung up the phone, Merritt testified.

Merritt arrested Vargas in spring 2007 in Blackman Township, where Vargas' former girlfriend lived. He was arraigned in May 2007 on misdemeanor charges of domestic violence and telephone harassment. A jury acquitted Vargas of domestic violence but found him guilty of telephone harassment, and he was sentenced in October 2007 to 15 months probation.

Four days after Vargas' probation ended, Merritt received the first call, said Chief Assistant Prosecutor Mark Blumer, who showed court and telephone records to the jury.

Prior to that call, Merritt said Vargas followed him around Meijer in Mason while Merritt, who lives in Mason, shopped there with his family.

When questioned by defense lawyer Fred Blackmond, Merritt said he was not intimidated by Vargas at that time. ``He was being a jerk,'' Merritt said.

Blackmond contended Merritt was not seriously threatened by Vargas, who Merritt learned during his domestic violence investigation lived within a half mile of Merritt's home.

Merritt said Monday he did not know if Vargas still lived in such close proximity.

If he was seriously frightened of Vargas, he would know this, Blackmond said.

``He is not scared of Mr. Vargas; he thinks he is a jerk,'' Blackmond said in his closing argument.

Merritt said he knew, through his work on the domestic violence case, Vargas had a cabinet full of guns in his home.

Vargas was placed on paid administrative leave after he was first charged with the crime in May 2007. He is now retired, his lawyer said. Vargas applied last year for a duty disability pension.

On April 29, 2004, Vargas was shot four times and killed one suspect in what authorities called a robbery in progress in Lansing.









Lansing officer arrested for stalking
WWMT News, Channel 3
July 9, 2008 - 8:08AM
http://www.wwmt.com/news/lansing_1351025___article.html/officer_side.html

LANSING, Mich. (NEWSCHANNEL 3) - A Lansing police officer has found himself on the wrong side of the law.

It's not the first time he's been there.

Officer Rob Vargas, an eleven year veteran of the LPD, is accused of aggravated stalking and making harassing phone calls.

He was placed on paid administrative leave last year after being arrested on similar charges. At that time he was charged with domestic assault, but the court only found him guilty of verbally abusing his girlfriend.

Lansing Police Chief Mark Alley says he can't discuss any specifics of the case while it's in the courts, but he is very disappointed by what has happened.

Officer Vargas is out on a $5,000 personal bond. He is expected back in court later this month.








Reaction to Officer Arrested
WLNS NEWS, TV 6 Lansing Michigan
Posted: July 9, 2008 06:52 AM CDT
http://www.wlns.com/Global/story.asp?S=8645553&nav=0RbQ

Instead of being out on the streets stopping crimes, one local police officer is charged with one.

It's not the first time the Lansing officer has had a brush with the law. Officer Rob Vargas faces stalking and harassing charges. It all stems back to another incident that happened last year. That's when Vargas was arrested after an altercation with his girlfriend and was later convicted of a misdemeanor harassment charge. Now the Jackson County assistant prosecutor says Vargas stalked the same officer that originally arrested him.

He wore the badge for 11 years, and even became a hero when he was shot 4 times during a robbery gone bad. Now Lansing Police Officer Rob Vargas is on the other side of the law.

Chief Mark Alley, Lansing Police Department: "Obviously not only myself, but the organization are very disappointed that we find ourselves in this position."

It's a position not many are used to. The Jackson County Prosecutor's Office says they've never seen a case like it.

Mark Blumer, Assistant Prosecutor: "Handled a number of cases against corrupt police officers, and I've never had one alleging stalking by a police officer, that's a new one."

It might be unusual, but officials say they're treating it like just any other case.

Chief Mark Alley: "I'm not here to make a judgement about Officer Vargas, other than we're disappointed that he's been charged by the Jackson County prosecutor, but once again, we know that we need to do an investigation to get all the facts before we make judgements about what happened."

While the Lansing police department conducts its own investigation, Vargas is on paid administrative leave. Meantime, he's expected back in court on July 29th for his preliminary hearing.




Lansing cop faces charges of stalking, threatening officer who arrested him
Jackson Citizen Patriot
Wednesday, July 09, 2008
By Danielle Quisenberry
http://www.mlive.com/jackson/stories/index.ssf?/base/news-25/1215612316178030.xml&coll=3

A Lansing police officer is facing charges he stalked a Blackman Township public safety officer who arrested him last year on a domestic violence charge.

Robert Vargas, 38, of Mason was arraigned late last week in Jackson County District Court on charges of aggravated stalking, a felony punishable by up to five years in prison, and malicious use of a telephone, a misdemeanor.

Vargas, who is on paid administrative leave, is accused of making life-threatening phone calls to Blackman Township Public Safety Officer Joseph Merritt.

Merritt arrested him last spring in Blackman Township, where Vargas' former girlfriend lived; Vargas was arraigned May 23, 2007, on misdemeanor charges of domestic violence and telephone harassment.

In September, a Jackson County jury acquitted him of domestic violence, but found him guilty of telephone harassment; he was sentenced in October to 15 months probation.

Jackson County Chief Assistant Prosecutor Mark Blumer said Tuesday that Vargas' probation was reduced to six months, and he began calling Merritt in mid-April, shortly after he came off probation.

Merritt, through Blackman Township Public Safety Director Mike Jester, declined comment.

Michigan State Police Lt. Jim Shaw, who commands the Jackson post, which handled the investigation, said the calls were ``threatening in nature.''

As defined in the Michigan statute, aggravated stalking involves threats to kill another individual or inflict physical injury.

At one time, Merritt, who has been a public safety officer for five years, ran into Vargas in a store and had concerns Vargas was following him, Shaw said.

Lansing Police Chief Mark Alley said Vargas has been on paid administrative leave since he was first charged with crimes in May 2007.

At that time, the department launched an internal investigation, but Vargas has since applied for a duty disability pension, which is under review by the department pension board.

The investigation was put on hold pending the board's review of his application. A decision is expected this month, Alley said.

If his request is granted, he will no longer be employed by the Lansing Police Department, Alley said. If the application is accepted, the investigation will resume, the chief said.

On April 29, 2004, Vargas was shot four times and killed one of the suspects, Alley said.

Vargas had interrupted what authorities called a robbery in progress at a town home in Lansing, according to news reports at the time.










Policeman accused of stalking another cop
Lansing officer faces felony charge in Jackson Co.
July 9, 2008
Christine Rook
Lansing State Journal
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=/20080709/NEWS01/807090347

A Lansing police officer is accused of stalking and harassing a Blackman Township police officer who arrested him on a criminal complaint in 2007.

Robert Vargas, 38, was arraigned July 3 on one count of felony aggravated stalking and one count of misdemeanor telephone harassment, according to prosecutors in Jackson County.

He has been released on a personal bond of $5,000.

The accusations come less than a year after Vargas was convicted of misdemeanor telephone harassment involving a former girlfriend and sentenced to probation.

During that September conviction, Vargas was acquitted of a misdemeanor domestic violence charge in the May 2007 incident, Jackson County officials said.

Vargas completed his probation in that case.

Mark Blumer, chief assistant prosecutor for Jackson County, said that in April, Vargas began harassing the Blackman Township police officer who had arrested him on the previous case.

Authorities wouldn't comment further about what form the harassment took.

"We're disappointed that we find ourselves in the position of these charges being filed," Lansing police Chief Mark Alley said Tuesday.

Vargas has been on paid administrative leave since the original incident with his former girlfriend in May 2007. Vargas and union representatives could not be reached for comment Tuesday evening.

Vargas has worked for the Lansing Police Department since the summer of 1997.

Following his conviction, he had applied for duty disability pension, the chief said, and was awaiting an official ruling on both the pension and possible disciplinary action from the department.

Vargas' preliminary exam on the new charges is set for July 29 before 12th District Court Judge R. Darryl Mazur in Jackson.

The felony stalking charge carries a possible maximum sentence of five years in prison, Blumer said. The harassment charge carries a maximum of six months.

In addition, a police internal affairs review is likely to go over the entire series of events and determine how it might affect Vargas' work status, said Lansing police spokesman Lt. Noel Garcia.

"It has to be determined on a case-by-case basis," Garcia said.

Vargas made headlines as an officer in 2004 when he was shot four times after he interrupted a robbery.

While wounded, he shot and killed one of two men involved in the break-in. It was determined that Vargas' use of deadly force was justified.







LANSING COP ARRESTED FOR STALKING
WKHM 970AM, Jackson Michigan
July 09, 2008
http://www.wkhm.com/story.php?more_group=83&more_block=news&more_item=70540

AN ELEVEN YEAR VETERAN OF THE LANSING POLICE DEPARTMENT IS FACING UP TO FIVE YEARS IN PRISON FOR ALLEGEDLY STALKING JOSEPH MERRITT, AN OFFICER WITH THE BLACKMAN TOWNSHIP DEPARTMENT OF PUBLIC SAFETY.

ACCORDING TO POLICE REPORTS MERRITT ARRESTED ROBERT VARGAS IN MAY OF 2007 FOR A DOMESTIC VIOLENCE INCIDENT INVOLVING HIS GIRLFRIEND.

HE WAS LATER ACQUITTED OF THE DOMESTIC VIOLENCE CHARGES, BUT HE WAS CONVICTED ON THE MALICIOUS USE OF A TELEPHONE CHARGE.

ONCE HE COMPLETED HIS PROBATION FROM THAT CASE, IT IS ALLEGED THAT VARGAS STARTED STALKING MERRITT WITH PHONE CALLS. A COMPLAINT WAS FILED AND VARGAS TURNED HIMSELF INTO THE MICHIGAN STATE POLICE LAST WEEK.

HE IS NOW FACING THE SAME CHARGES HE WAS CONVICTED OF LAST YEAR. VARGAS WAS RELEASED ON $5,000 BOND. HIS PRELIMINARY HEARING IS SCHEDULED FOR THE END OF THE MONTH. CURRENTLY VARGAS IS ON PAID LEAVE FROM THE LANSING POLICE DEPARTMENT SINCE HIS FIRST ARREST IN 2007.









Lansing Police Officer Charged With Stalking
WLJA News, Lansing Michigan
July 8, 2008 - 8:18PM
http://www.wlaj.com/news/officer_12501___article.html/vargas_lansing.html

ABC 3 News has learned a Lansing Police officer has been charged with stalking.

Officer Rob Vargas was arrested in Jackson County.

Here is a statement from the Lansing Dept:
On July 1, 2008 the Jackson County Prosecutor issued an arrest warrant for Lansing Police Officer Rob Vargas. On July 3, 2008 Officer Vargas was arraigned on charges of Felony Aggravated Stalking and Misdemeanor Malicious Use of Telecommunications.

Officer Vargas was hired on August 22, 1997 and was most recently assigned to the uniform patrol division. Officer Vargas was placed on paid administrative leave on May 23, 2007 due to a criminal investigation in Jackson County. Since that time Officer Vargas has applied for a duty disability pension. The Pension Board is currently reviewing his request.

Lansing Police Chief Mark Alley said today that the Lansing Police Department does not tolerate criminal misconduct by any of its members and that allegations of wrongdoing by any member of the agency are thoroughly investigated.

"We have and will continue to hold ourselves to the highest possible standards of integrity and professional conduct in law enforcement," Chief Alley said. "We will not compromise our core values and will assure that those values are applied to all our personnel on or off duty. The Lansing Police Department will maintain the integrity of our disciplinary process by following the policies, procedures and union contract, which details the disciplinary process."

Chief Alley noted that Officer Vargas's situation remains in the criminal justice system and therefore it would be inappropriate to discuss the details of his case.







Lansing Police Officer Charged with Stalking Another Officer
Posted: 5:24 PM Jul 8, 2008
Last Updated: 11:54 PM Jul 8, 2008
Reporter: Jamie Edmonds
http://www.wilx.com/news/headlines/24079909.html

Thirty-eight year old Robert Q Vargas - a Lansing police officer for 11 years - was charged Thursday in Jackson County with felony stalking and illegal use of a telephone... a misdemeanor.

The alleged victim in this case? Another police officer.

"The victim of the alleged stalking is the Blackman Township police officer who arrested Mr. Vargas," Jackson County Prosecutor Mark Blumer said.

Back in May 2007, Vargas was arrested and charged with domestic violence and malicious use of a telephone - the same misdemeanor charge he faces this time around.

The victim that case was his girlfriend.

"He was convicted by a jury on the malicious use of a telephone," Blumer said, "but he was acquitted on the domestic violence charge."

Blumer said Vargas had just completed his probation from that case in April when he began stalking the arresting officer from Blackman Township.

"Part of the stalking crime occurred here in Jackson," he said. "If I call you and your in Jackson, then part of the crime occurred in Jackson."

Vargas was on paid administrative leave from the Lansing Police Department since his previous criminal case, but before the Lansing Police Department made any decision on his future, Vargas filed for medical pension relating to a shooting in 2004.

"The most appropriate thing to do was to put a hold on the internal investigation until the medical doctors could do a review of Mr. Vargas," Lansing Chief Mark Alley said.

Which means Vargas is still on paid leave from the department.

He's also out on $5,000 bond in Jackson County until his preliminary hearing on the new charges at the end of this month.

Vargas could face up to five years in prison.








Lansing cop facing charges he stalked Blackman officer
Jackson Citizen Patriot
Posted by Danielle Quisenberry
July 08, 2008 23:32PM
http://blog.mlive.com/citpat/2008/07/lansing_cop_facing_charges_he.html

A Lansing police officer is facing charges he stalked a Blackman Township public safety officer who arrested him last year on a domestic violence charge.

Robert Vargas, 38, of Mason, was arraigned late last week in Jackson County District Court on charges of aggravated stalking, a felony punishable by up to five years in prison, and malicious use of a telephone, a misdemeanor.

Vargas, who is on paid administrative leave, is accused of making life-threatening phone calls to Blackman Township Public Safety Officer Joseph Merritt.













Lansing police officer charged
WLNS NEWS
Posted: July 8, 2008 05:13 PM CDT
http://www.wlns.com/Global/story.asp?S=8643322&nav=0RbQ

Vargas is free on a $5,000 dollar bond and will have a preliminary hearing on July 29th.












Lansing Police Officer Charged with Stalking Another Officer
WILX News, Lansing Michigan
Posted: 4:24 PM Jul 8, 2008
Last Updated: 10:54 PM Jul 8, 2008
Reporter: Jamie Edmonds
http://www.wilx.com/news/headlines/24079909.html

Thirty-eight year old Robert Q Vargas - a Lansing police officer for 11 years - was charged Thursday in Jackson County with felony stalking and illegal use of a telephone... a misdemeanor.

The alleged victim in this case? Another police officer.

"The victim of the alleged stalking is the Blackman Township police officer who arrested Mr. Vargas," Jackson County Prosecutor Mark Blumer said.

Back in May 2007, Vargas was arrested and charged with domestic violence and malicious use of a telephone - the same misdemeanor charge he faces this time around.

The victim that case was his girlfriend.

"He was convicted by a jury on the malicious use of a telephone," Blumer said, "but he was acquitted on the domestic violence charge."

Blumer said Vargas had just completed his probation from that case in April when he began stalking the arresting officer from Blackman Township.

"Part of the stalking crime occurred here in Jackson," he said. "If I call you and your in Jackson, then part of the crime occurred in Jackson."

Vargas was on paid administrative leave from the Lansing Police Department since his previous criminal case, but before the Lansing Police Department made any decision on his future, Vargas filed for medical pension relating to a shooting in 2004.

"The most appropriate thing to do was to put a hold on the internal investigation until the medical doctors could do a review of Mr. Vargas," Lansing Chief Mark Alley said.

Which means Vargas is still on paid leave from the department.

He's also out on $5,000 bond in Jackson County until his preliminary hearing on the new charges at the end of this month.Vargas could face up to five years in prison.









Lansing officer faces stalking charge
Midday update
Lansing State Journal
July 8, 2008
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=/20080708/NEWS01/807080365/1002/NEWS01

JACKSON - A Lansing police officer is accused of stalking and harassing a Blackman Township officer.

Robert Vargas, 38, was arraigned July 3 on one count of felony aggravated stalking and one count of misdemeanor telephone harassment, according to prosecutors in Jackson County.

Vargas also was found guilty in 2007 of verbally abusing his former girlfriend over the telephone and was sentenced to 15 months of probation.

Vargas now is accused of harassing the Blackman Township officer who investigated the case against him last year.

Since 2007, Lansing police said, he has been on paid administrative leave. Vargas has since applied for a duty disability pension.

Vargas could not be reached for comment.











Wednesday, May 13, 2009

05132009 - BlogTalk Radio - "Married To A Cop? No Place To Turn For Help?" With Cloud/Behind The Blue Wall AND Renee' Harrington/MI OIDV

"Married to A Cop? No Place To Turn For Help?"
Where Do You Turn When Your Husband is A Cop?
Susan Murphy Milano
on Blogtalk Radio
Wednesday, May 13, 2009
Call-in Number: (347) 326-9337
http://www.blogtalkradio.com/SusanMurphyMilano

[OIDV OFFICER INVOLVED DOMESTIC VIOLENCE RADIO RENEE HARRINGTON CLOUD WRITER]



Tuesday, May 5, 2009

05052009 - Deputy Carl Jones - Sentenced - Berrien County SD

Also See:
Deputy Carl Jones - Charged with domestic violence [Jan 15, 2009]



DEPUTY SENTENCED TO PROBATION FOR ASSAULT

St. Joseph Herald Palladium
May 5, 2009
[Excerpt] A Berrien County sheriff's deputy was sentenced Monday to serve nine months on probation for assaulting a man in a domestic violence situation. As part of the sentence, Carl E. Jones, 46, of St. Joseph Township was ordered to pay a fine, costs and restitution totaling $1,426. Jones was sentenced under a law that provides for the misdemeanor offense to be erased from his record if all probation terms are met...
http://behindthebluewall.blogspot.com/2009/05/mi-deputy-carl-jones-who-escaped-dv.html










Sheriff's deputy found guilty of assault

Posted: Saturday, April 4, 2009 12:00 am
Updated: 8:18 pm, Tue Nov 15, 2011.
By SCOTT AIKEN - H-P Staff Writer
The Herald-Palladium
http://www.heraldpalladium.com/localnews/sheriff-s-deputy-found-guilty-of-assault/article_d5b92f20-07cf-5904-b58f-ea40df1e4f8c.html

ST. JOSEPH - A jury on Thursday found a Berrien County sheriff's deputy guilty of assault and battery for shoving the son of a woman he was dating.

Carl Jones, 46, was acquitted of a related charge of domestic violence against the woman, Linda Smith, during a Jan. 15 altercation in the garage of his residence in St. Joseph Township.







SHERIFF'S DEPUTY FOUND GUILTY OF ASSAULT
St. Joseph Herald Palladium
By Scott Aiken - H-P Staff Writer
Published: Saturday, April 4, 2009 1:08 PM EDT

ST. JOSEPH - A jury on Thursday found a Berrien County sheriff's deputy guilty of assault and battery for shoving the son of a woman he was dating. Carl Jones, 46, was acquitted of a related charge of domestic violence against the woman, [LS], during a Jan. 15 altercation in the garage of his residence in St. Joseph Township
http://behindthebluewall.blogspot.com/2009/05/mi-deputy-carl-jones-who-escaped-dv.html
Michigan Officer Involved Domestic Violence

Friday, May 1, 2009

05012009 - Deputy Steven Fresorger - Saginaw County SD


DEPUTY FRESORGER'S PLEA BARGAIN AND SENTENCING ON ALL LEIN CHARGES:


SAGINAW DEPUTY STEVEN FRESORGER: ALL L.E.I.N. CHARGES
http://michiganoidv.blogspot.com/2009/05/deputy-steven-fresorger-all-lein-charges.html









DEPUTY STEVEN T. FRESORGER, SAGINAW COUNTY SD : MAY - JULY 2009
Between May and July 2009, Deputy Fresorger ran John Warner on the Saginaw County Sheriff Department LEIN system. At the time, Warner was dating Fresorger's ex-girlfriend.

In June 2011, criminal charges were filed against Deputy Fresorger for his missue of the LEIN system. Fresorger faces five counts of unlawfully using the LEIN system; felony charge for using a computer to commit a crime; and five misdemeanor charges for forgery of a motor vehicle certificate. To date, those criminal charges are still pending.

In March 2012, Fresorger's attorney asked the court to drop the felonycriminal charges against the Deputy.














"Elizabeth Canfield, a state police analyst of LEIN, testified that Fresorger...searched for a “John Warner” once between May and July 2009 and followed that by searching more specifically for John A. Warner and John P. Warner.
John P. Warner testified that he has never been to Saginaw County and didn’t know Fresorger, while John A. Warner now lives in San Francisco, Moore said.






"Fresorger’s ex-girlfriend, Tracy Moore, testified that she dated John A. Warner in 2009..."


ALSO SEE:

DEPUTY STEVEN FRESORGER, SAGINAW COUNTY SD: JULY 17, 2010.
Criminal charges for misuse of the LEIN. July 17, 2010.
http://michiganoidv.blogspot.com/2010/07/deputy-steven-fresorger-saginaw-county.html




DEPUTY STEVEN FRESORGER, SAGINAW COUNTY SD: SEPT. 6 - 7, 2010
Criminal charges for misuse of the LEIN. September 6 - 7, 2010.
http://michiganoidv.blogspot.com/2010/09/deputy-steven-fresorger-saginaw-county.html




DEPUTY STEVEN FRESORGER, SAGINAW COUNTY SD: MAY 07, 2011
Allegation of domestic violence assault.
http://michiganoidv.blogspot.com/2011/05/deputy-steven-fresorger-saginaw-county.html




DEPUTY STEVEN FRESORGER, SAGINAW COUNTY SD: JUNE 2011
Stalking charges filed against Deputy Fresorger.
http://michiganoidv.blogspot.com/2011/06/deputy-steven-fresorger-saginaw-county.html







Attorney for suspended Saginaw sheriff's deputy asks judge to dismiss felony LEIN use charges

Published: Tuesday, March 27, 2012, 7:19 AM
By Andy Hoag
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2012/03/attorney_for_suspended_saginaw.html

SAGINAW, MI — The attorney for a former Saginaw County sheriff's deputy Monday asked a judge to dismiss charges that he improperly used a statewide computerized information system for personal use.

Steven T. Fresorger, 41, appeared along with his attorney, James F. Piazza, before Saginaw County Circuit Judge James T. Borchard, who heard arguments on Piazza's motion to “quash,” or dismiss, the six felonies that Fresorger faces.

The Saginaw Township resident is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Piazza argued that testimony from Fresorger's preliminary hearing in August did not indicate that he accessed information about his ex-girlfriend's new boyfriends — as well as two individuals with similar names as the new boyfriends — for personal use and did not indicate what, if anything, Fresorger did with the information.

Borchard, who said he was only “halfway” through the transcripts from the two-part hearing and would make a decision once he finishes reading them, indicated that his impression was that Fresorger was accessing the information to find out more about the men with whom his ex-girlfriend was bringing their child into contact. Piazza argued that there also was no indication of that from the testimony.

Piazza added that while Fresorger's ex-girlfriend, Tracy Moore, testified that Fresorger told her of her new boyfriends' past drug use, that type of information, including criminal history, is not accessible through in-car LEIN consoles, which Fresorger used.

County Assistant Prosecutor Jon Sahli countered that testimony showed that some in-car LEIN consoles can access criminal history, while others cannot.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.







Trial ordered for sheriff's deputy charged with improper LEIN use

Published: Monday, November 07, 2011, 9:24 AM
By Andy Hoag
 The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2011/11/trial_ordered_for_sheriffs_dep.html

SAGINAW — A suspended Saginaw County sheriff’s deputy accused of improperly using a statewide computerized information system for personal use will stand trial on six felonies and five misdemeanors.

Saginaw County District Judge Terry L. Clark on Wednesday concluded the second part of the preliminary hearing for Steven T. Fresorger, 41, by ruling that prosecutors had shown probable cause to take him to trial in Circuit Court.

Fresorger, who lives in Saginaw Township, is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Fresorger is accused of using LEIN to access information about his ex-girlfriend’s new boyfriends as well as two individuals with similar names as the new boyfriends.

Fresorger remained free today on a $1,000 or 10 percent bond.









Witness: Saginaw County sheriff's deputy ran names of ex-girlfriend's new boyfriends through LEIN system; discipline hearing coming soon

Published: Monday, August 22, 2011, 4:39 PM
Updated: Monday, August 22, 2011, 8:42 PM
http://www.mlive.com/news/saginaw/index.ssf/2011/08/witness_saginaw_county_sheriff.html

SAGINAW — A Saginaw County sheriff’s deputy ran the names of his child’s mother’s new boyfriends through a statewide computerized information system, a witness testified today.

A decision on whether Steven T. Fresorger will stand trial on six felonies and seven misdemeanors for, prosecutors say, improperly running the names will have to wait until a later date, though.

Saginaw County District Judge Terry L. Clark this afternoon heard testimony from six witnesses in the preliminary hearing for Fresorger, 41, of Saginaw Township. Because Fresorger’s attorney, James F. Piazza, had another scheduled hearing, Clark postponed the remainder of the hearing until a later date.

The hearing is intended for a judge to determine whether probable cause exists for trial in Circuit Court.

Fresorger is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Elizabeth Canfield, a state police analyst of LEIN, testified that Fresorger — or, at least, someone using Fresorger’s user identification and password — used LEIN terminals to run information checks, but not criminal history checks, on John A. Warner, John P. Warner, Michael Stoll, Michael M. “Marty” Stoll, and Brandon Wakeman.

Fresorger’s ex-girlfriend, Tracy Moore, testified that she dated John A. Warner in 2009 and “Marty” Stoll and Wakeman in 2010. Moore said that Fresorger told her that each of the three men had drug charges.

Canfield testified that Fresorger searched for a “John Warner” once between May and July 2009 and followed that by searching more specifically for John A. Warner and John P. Warner. John P. Warner testified that he has never been to Saginaw County and didn’t know Fresorger, while John A. Warner now lives in San Francisco, Moore said.

Fresorger on July 17, 2010, searched 11 times for “Marty” Stoll and once for Michael Stoll, Canfield said. On Sept. 6 and Sept. 7, he searched for Wakeman’s name four times, Canfield said.

“Marty” Stoll testified he knew of Fresorger “through mutual friends” but never had contact with him a sheriff’s deputy. Stoll testified that he possessed marijuana with Moore at one time, but Clark did not allow him to answer further questions from Piazza to avoid incriminating himself.

Somebody from either the Saginaw Police Department or Michigan State Police searched for Wakeman on Sept. 4, Canfield said. Wakeman, who said he never met or had contact with Fresorger, said he was arrested for drunken driving by a state police trooper that day.

Piazza said one of Fresorger’s defenses will be that as a deputy, he could check on Stoll’s and Wakeman’s backgrounds. A defense regarding Warner was not mentioned today, but Piazza likely will address it at the continuation of the hearing.

Canfield testified that the searches Fresorger conducted were only for driver’s license information, such as date of birth and an individual’s driver’s operator code — information protected through the state LEIN statute.

Days after Fresorger filed an “emergency petition” for sole custody of their 5-year-old son, based on accusations that Moore sexually assaulted the child, Moore sent a letter to county Sheriff William L. Federspiel, claiming that Fresorger was stalking her.

Fresorger was charged in late June. Joan Hogenson, who provides custody and parenting recommendations for the Saginaw County Friend of the Court, testified she interviewed Fresorger and Moore. When she asked Fresorger if he used LEIN to research Warner, he said, “I’ll check on people my son is around,” Hogenson said.

Hogenson acknowledged, however, that Fresorger did not actually admit to using LEIN to “check on” those people.

Federspiel on June 24 suspended Fresorger without pay in connection with the charges.

That suspension was pending the completion of an internal investigation, Federspiel said. He gave Fresorger notice of possible discipline earlier this month, he said, to which Fresorger had 14 days to respond.

Those 14 days expired “late last week,” Federspiel said, and Fresorger did not respond. The sheriff now must conduct a “Loudermill hearing” to “determine what I’m going to do with any type of discipline,” he said.

Federspiel said he will conduct the hearing “in the next 10 days” and will “make a decision based on the outcome of the internal investigation.” Discipline could include termination, he said.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond







Hearing delayed for Saginaw County sheriff's deputy accused of improper use of statewide data

Published: Tuesday, July 05, 2011, 3:44 PM
Updated: Wednesday, July 06, 2011, 8:47 AM
By Andy Hoag
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2011/07/hearing_delayed_for_saginaw_co.html

SAGINAW — A Saginaw County sheriff’s deputy accused of using a statewide computerized information system for personal use will have to wait longer to see if he’ll stand trial on six felonies and seven misdemeanors.

Saginaw County District Judge Terry L. Clark this afternoon postponed the preliminary hearing for Steven T. Fresorger, 41, of Saginaw Township.

Fresorger is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

The deputy, whom county Sheriff William L. Federspiel suspended without pay June 24 in connection with the charges, appeared today before Clark for a conference to prepare for a preliminary hearing, intended for the judge to hear evidence and decide whether probable cause exists for trial.

The hearing was scheduled for Wednesday, but Fresorger’s attorney, James F. Piazza, will be in Saginaw County Circuit Judge Fred L. Borchard’s courtroom for the continuation of the trial against brothers Ronald and Steven Owens.

Piazza said Fresorger would waive his right to have the hearing within 14 days of his arraignment. The attorney also said he still is receiving discovery materials.

Fresorger’s arrest warrant states the crimes he’s charged with committing occurred between June 29, 2009, and Sept. 7, 2010.

Federspiel said investigators believe five individuals had their information compromised by Fresorger. The sheriff has not revealed a motive.

Federspiel said the investigation began after a citizen filed a complaint against the deputy April 6. The citizen was not one of the five people whose information was compromised, according to the sheriff.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.














 
 
 
 
 
 
Sheriff's deputy charged for misusing department's computers

by Dan Armstrong
Posted: 06.24.2011 at 5:30 PM
http://www.minbcnews.com/news/story.aspx?id=633667







Today the Saginaw County sheriff puts one of his own on unpaid leave while that deputy is investigated internally and criminally.


Deputy Steve Fresorger has been charged with six felonies and five misdemeanors.

The investigation started months ago.

He's accused of unlawfully using the LEIN system, a database of public criminal records run by law enforcement.

The prosecutor says the deputy used it for personal use and not official business.

"We must maintain a high level of professionalism when using LEIN and if it's alleged that someone has abused or utilized it for personal use it is our duty, my duty as sheriff especially, to look into that matter," says Saginaw County Sheriff William Federspiel.

Some county commissioners have criticized the sheriff's handling of the case because the deputy has been paid from May 10th until June 24.

The sheriff says that's because he has to follow proper procedure and collective bargaining agreements






UPDATE: Saginaw County deputy suspended without pay, faces up to seven years in prison if convicted of using computers to commit crime

Published: Friday, June 24, 2011, 4:25 PM Updated: Friday, June 24, 2011, 4:36 PM
By Tom Gilchrist
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2011/06/update_saginaw_county_deputy_f.html








SAGINAW — Saginaw County Sheriff William Federspiel today suspended Deputy Steven T. Fresorger without pay after the deputy was charged with six felonies and five misdemeanors on Wednesday.


"This is a sad day for Saginaw County, but we're doing what is right," said Federspiel, announcing the change in the status of Fresorger, 41, who was suspended May 10 but had been receiving pay since then.

"It's a form of discipline when you suspend a person without pay, and in order to impose discipline, I like to follow everything to the letter in the collective bargaining agreement (with unionized officers)," Federspiel said.

Fresorger is accused of five counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN system.

He also faces five counts of unauthorized disclosure of information from the LEIN system, and one count of using computers to commit a crime.

Prosecutors allege the acts occurred between June 29, 2009, and Sept. 7 of last year.

The LEIN system is a statewide computerized information system established to serve Michigan’s criminal justice agencies. It is designed to provide a computerized filing system of accurate and timely documented criminal justice information. The system contains information such as addresses and dates of birth of motorists, owners of vehicles and driving records.

"We are looking at five individuals we believe had their information compromised" by Fresorger, the sheriff said. Federspiel didn't reveal Fresorger's motive in allegedly using the information, but said he would disclose that eventually.

Federspiel said the investigation of Fresorger began after a citizen filed a complaint against the deputy on April 6. The citizen was not one of the five people who had their information compromised, according to the sheriff.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

In arraigning Fresorger on Wednesday, Saginaw County District Judge M.T. Thompson entered a not guilty plea on his behalf and held him on a $1,000 or 10 percent bond. Fresorger posted the bond Wednesday.

Fresorger’s July 6 preliminary hearing is scheduled before District Judge Terry L. Clark.

Sheriff's Department Lt. Robert B. Phelps said that before the sheriff could suspend Fresorger without pay, Federspiel was required to follow protocol related to the collective bargaining agreement and fair labor standards.

 
 
 
 
 




Saginaw County Commissioners









County Commissioners: Deputy should be suspended without pay

Posted: Jun 24, 2011 8:47 AM CDT
Updated: Jul 22, 2011 9:00 AM CDT
By Tom Plahutnik, Web Editor/Produce
http://www.wnem.com/story/14970163/commissioners-call-for-sheriffs-deputy-to-be-suspended-without-pay

County Commissioners Tim Kelly and Kirk Kilpatrick said in a news release Friday that they disagree with the Saginaw County Sheriff's Department's decision to pay Steven T. Fresorger while he is suspended from his job.

County prosecutors have charged Fresorger with six felonies and five misdemeanors for allegedly forging motor vehicle certificates and using government property to commit those crimes.

"I don't care what collective bargaining agreement or union contract this guy is working under, taxpayers should not have to pay for this guy to sit at home while he builds a defense for defrauding us all," Kelly said. "We have thousands of law abiding people out of work, trying to scrape a life together and somehow they see fit to continue to pay this guy?"

The commissioners said it appears there was a lengthy and ongoing investigation leading up to Mr. Fresorger being charged with six felonies and five misdemeanors.

"Law enforcement personnel are paid quite well for their service, partially to avoid this kind of behavior," said Kilpatrick. "I do not believe we should be paying criminals to protect us from criminals"

Kelly and Kilpatrick said they understand that an investigation is pending, but believe that Fresorger, while presumed innocent, should nevertheless be suspended without pay.

According to Sheriff William Federspiel, Fresorger has been on paid administrative leave since early May while the Sheriff Department's Internal Affairs unit investigated. He will have a hearing Friday and his employment status may change at that hearing.

Fresorger is due back in court on July 6.







Saginaw County Sheriff's deputy charged and arraigned
Posted: Jun 23, 2011 1:16 PM CDT
Updated: Jul 21, 2011 1:49 PM CDT
By Doug Moiles, Assignment Manager
http://www.wnem.com/story/14964825/saginaw-county-deputy-charged-and-arraigned?clienttype=printable

A Saginaw County Sheriff's deputy has been charged with six felonies and five misdemeanors following an internal investigation by the department.

Deputy Steve Fresorger was charged with five counts of unlawfully using the LEIN system, a database of public and criminal records run by law enforcement in a Saginaw courtroom Wednesday. The other felony charge was for using a computer to commit the alleged crime. The five misdemeanor charges are for "forgery of a motor vehicle certificate."

The police database crime charge means the deputy may have accessed the system for a use other than law enforcement purposes. The system may only be used for official business and for nothing of a personal nature.

According to Sheriff William Federspiel, Fresorger has been on paid administrative leave since early May while the Sheriff Department's Internal Affairs unit investigated. He will have a hearing tomorrow and his employment status may change at that hearing.

Fresorger is due back in court on July 6.















 
 
 
 
 
 
 
Sheriff's deputy could face 11 criminal charges

Friday, June 24, 2011
http://abclocal.go.com/ktrk/story?section=news/local&id=8213379

SAGINAW COUNTY -- (06/24/11) -- A Saginaw County sheriff's deputy could be fired now that he is facing 11 criminal charges.

He's accused of using a state-wide Law Enforcement Information Network for personal purposes, but he might also be charged in another case.

Steve Fresorger was formally charged on Wednesday, but the Saginaw County prosecutor is reviewing another criminal complaint involving the deputy.

In 2008, Fresorger was featured in an ABC12 story for helping save the life of a man who collapsed in a meeting. But now, the 41-year-old deputy is free on bond after being charged with six felonies and five misdemeanors.

"It's very difficult. It's never easy for anyone, but especially for one of your own. It's a sad day for Saginaw County," said Saginaw County Sheriff Bill Federspiel.

All of the criminal charges pertain to Fresorger's alleged personal use of the state's Law Enforcement Information Network, or LEIN, a system used by law enforcement agencies across the state.

"Run secretary of state information, license plates, we can find out owner information on vehicles. It must be utilized for professional purposes only, it cannot be utilized for personal purposes at all," Federspiel said.

While the sheriff won't disclose what Fresorger was allegedly looking for in the LEIN system, Fresorger is also under investigation for a domestic situation involving an ex-girlfriend at a Saginaw Township little league field on May 7.

"She alleges that there was a confrontation on the field between him and her and he grabbed her right arm and pulled her off the field," said Saginaw Township Police Chief Don Pussehl.

That incident was investigated by the Saginaw Township Police Department.

"This is a separate incident that was reported to us. It was investigated and this case has been turned over to the prosecutor for review," Pussehl said.

Federspiel says Fresorger will be put on unpaid administrative leave today, and a decision on whether he will be fired will be made next week following an internal affairs investigation.

 
 
 
 
 
 
 






 
 
 
 
 
 
Saginaw County deputy charged with six felonies, accused of forging motor vehicle certificates

Published: Thursday, June 23, 2011, 4:08 PM
Updated: Friday, June 24, 2011, 8:26 AM
By Tom Gilchrist
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2011/06/saginaw_county_deputy_charged.html

SAGINAW — Prosecutors have charged a Saginaw County Sheriff’s Department deputy with six felonies and five misdemeanors in connection with allegations he forged motor vehicle certificates and committed unauthorized use of a statewide computerized information system.

Steven T. Fresorger, 41, of Saginaw Township was arraigned on the charges Wednesday in front of Saginaw County District Judge M.T. Thompson.

Fresorger faces five felony counts of forging motor vehicle certificates and one felony count of using a computer to commit those crimes.

He also faces five misdemeanor counts of unauthorized use of the Law Enforcement Information Network, a statewide computerized information system established to serve Michigan’s criminal justice agencies.

Fresorger is suspended with pay, said department Lt. Robert B. Phelps. The department's Internal Affairs officers investigated Fresorger and the probe continues, according to Phelps.

Thompson set bond at $1,000. Fresorger posted bond and remains free awaiting a July 6 hearing on the evidence before Saginaw County District Judge Terry L. Clark.

The Law Enforcement Information Network, known as LEIN, is designed to provide a computerized filing system of accurate and timely documented criminal justice information.

The system also contains driver information.



Michigan Officer Involved Domestic Violence