Monday, September 9, 2013

09092013 - Trooper Paul Butterfield killed - Eric Knysz, son of officer Jack Knysz charged


Why in the hell wasn't Eric Knysz sitting in jail on September 9, 2013?
Twenty minutes into his shift on September 9th, 2013, Trooper Paul Butterfield lay dying in the road from a gunshot wound to the head.

Eric Knysz - son of former police officer Jack Knysz - who is charged with the murder of Trooper Butterfield should have been sitting in jail serving out a 452 day jail sentence for a March 2013 drunk driving offense. But that sentence was suspended.

However, only eight days after that conviction, Eric was arrested for a domestic violence assault. Now, in the real world of daddy not being a cop, Eric should have been thrown in jail to finish out the remainder of his drunk driving sentence. But no, not Eric, son of a cop.

Instead, on September 9th, Eric - who had a suspended driver's license - was driving his officer daddy's pickup truck. And when Eric was pulled over by Trooper Butterfield for a routine traffic stop, Eric reached for his dad's duty gun and shot the trooper in the head.

What the hell?
















Paul Kenyon Butterfield II
Ludington Daily News
Wednesday, September 11, 2013
http://www.ludingtondailynews.com/news/72982-paul-kenyon-butterfield-ii

Paul Kenyon Butterfield II was shot and killed by a gunman while serving as a Michigan State Trooper at the Hart post on Monday, Sept. 9, 2013.

He was born in Grosse Pointe on Feb. 16, 1970. Paul was a graduate of Bridgeport High School in 1988. While in high school he was active in track and cross country still holding several school records and winning the State Class A cross country meet. Upon graduation from high school he continued his studies and running at the University of Tennessee. He was also the winner of the Frankenmuth Volkslauffe (people’s race) in 1989 and competed in the TAC Junior Pan Am games in Argentina. In 1990, he became a member of the SEC Cross Country Championship team.

Paul enlisted in the U.S. Army, serving with the 25th Infantry Division in Hawaii. While there, he was deployed to Haiti for several months. He was also the coach for the Divisions track and cross country team. His running career took him across the United States and to several foreign countries. Following his service with the U.S. Army, he enlisted with the Michigan State Police in 1999, serving at the Manistee and Hart Posts until his death. Paul was trained in Brazilian Jui-Jitsu and enjoyed mixed martial arts. He also enjoyed bike riding, gardening, wine tasting and making others laugh.

He is survived by his father, Paul T. and step-mother Patricia. He was preceded in death by his mother Dawn and his grandfather, Paul K. and grandmother, Elizabeth Butterfield. He leaves behind his fiancée, Jennifer Sielski along with her parents, Paul and Sandy and brother Jessy.

Paul was an avid animal lover and he will be sadly missed by his beloved companions, Sirius, Al, Mau Mau, Blade, Zoey, Jinx and Jax. The remains of his precious feline, Scamper will spend eternity with Paul after she lost her battle with cancer on Sept. 10. Paul is survived by many special friends and colleagues.

Trooper Butterfield joined the Michigan State Police on July 25, 1999, a member of the 118th Trooper Recruit School. Upon graduation Dec. 16, 1999 he was stationed at the Manistee Post. On Oct. 30, 2011 he transferred to the Hart Post. He was assigned to the night shift from the Pere Marquette Township Detachment (Ludington). Trooper Butterfield was also a Distinguished Expert Marksman, Defensive Tactics Instructor, Arson Investigator, and an Evidence Technician. Trooper Butterfield was also awarded the MSP Unit Citation for his role in a murder investigation in 2004.

A Celebration of Life for Trooper Paul Butterfield II will be held at 1 p.m. on Saturday, Sept. 14 at the Manistee High School Gymnasium, 525 12th. Street, Manistee, Michigan, with the Reverend Joel Ehlert officiating. The family will receive friends on Saturday morning, from 10 a.m. until the time of services at 1 p.m. at the school gymnasium.

Final Military Honors will be given by the members of the Walsh Post No. 4499 V.F.W. Ritual Squad of Manistee.

A Michigan State Police Honor Guard will be present throughout the visitation and funeral service.

The family has established memorials in Paul’s name for The Manistee County Humane Society of Manistee and the Michigan State Police Memorial Fund. Envelopes will be available at the funeral home and also at the service on Saturday.

The Herbert Funeral Home of Manistee is in charge of funeral arrangements.





Tuesday, August 27, 2013

08272013 - Trooper David Morikawa - Appeal Granted - Conviction Overturned

Also See
Trooper David Morikawa - Charged with criminal sexual conduct with his cousin [a minor]
http://michiganoidv.blogspot.com/2009/07/trooper-david-morikawa.html

Trooper David Morikawa - Sentenced - Criminal sexual conduct http://michiganoidv.blogspot.com/2011/08/trooper-david-morikawa-sentenced-iron.html

Trooper David Morikawa - Filed appeal on CSC conviction http://michiganoidv.blogspot.com/2012/01/trooper-david-morikawa-filed-appeal-on.html

Trooper David Morikawa - Paroled
http://michiganoidv.blogspot.com/2013/03/trooper-david-morikawa-paroled.html

Trooper David Morikawa - Appeal granted - conviction overturned http://michiganoidv.blogspot.com/2013/08/trooper-david-morikawa-appeal-granted.html



















New trial for former Iron River trooper
October 30, 2013
The Iron Mountain Daily News
By NIKKI YOUNK - Staff Writer http://www.ironmountaindailynews.com/page/content.detail/id/543075/New-trial-for-former-Iron-River-trooper.html?nav=5002

IRON MOUNTAIN - The Michigan Attorney General's Office will not contest the Michigan Court of Appeals' decision to grant former Michigan State Police trooper David Morikawa a new trial on criminal sexual conduct charges.

In August, the Michigan Court of Appeals found that Morikawa, 39, had ineffective assistance of counsel during his July 2011 trial in Iron County on two felony counts of criminal sexual conduct-second degree.

Judges Michael Talbot, Kathleen Jansen, and Patrick Meter ordered that the case be reversed and remanded for a new trial.

Joy Yearout, spokeswoman for the office of Michigan Attorney General Bill Schuette, said that the office had until Oct. 22 to file an application with the Michigan Supreme Court to request that it hear the case.

However, the office has decided that it will re-try the case in Iron County Trial Court, she said.

"It's still early in the process, we're still waiting on details," said Yearout. "There's no trial date set yet."

She added that an attorney in the Michigan Attorney General's criminal division will prosecute the new case. Iron County Prosecutor Melissa Powell did not handle the original case, due to a conflict of interest.

Following Morikawa's conviction in 2011, he was sentenced to serve a minimum of one year and eight months in prison.

He is currently out of prison and on parole.

Morikawa, who used to work as a trooper at the now-closed Michigan State Police Iron River post, was accused of inappropriately touching a 12-year-old girl at his home in Crystal Falls in July 2009.














Appeals court grants retrial
August 30, 2013
The Mining Journal
http://www.miningjournal.net/page/content.detail/id/590218/Appeals-court-grants-retrial.html?nav=5001

IRON MOUNTAIN -The Michigan Court of Appeals has granted a new trial to a former Michigan State Police trooper who was convicted by jury in Iron County Trial Court in 2011 of two felony counts of criminal sexual conduct-second degree.

David Morikawa, 39, won the appeal on grounds that he had ineffective assistance of counsel.

Grant Carlson of Iron Mountain served as Morikawa's defense attorney during the 2011 trial. Due to a conflict of interest for the Iron County Prosecutor's Office, Special Assistant Attorney General Michael Stein of Traverse City prosecuted the case.

Appeals Judges cited the jury's deadlock and eventual juror substitution and Carlson's failure to "object properly to improper character testimony" from Morikawa's former co-worker F/Lt. Christine Grabowski of the Michigan State Police.













Ex-Michigan state trooper's sex case conviction overturned on appeal
7:20 PM, August 30, 2013
Detroit Free Press
http://www.freep.com/article/20130830/NEWS06/308300089/

A former Michigan State Police trooper convicted of second-degree criminal sexual conduct had his conviction overturned and a new trial ordered by the Michigan Court of Appeals earlier this week.

David Morikawa was convicted in 2011 of two counts of second-degree criminal sexual conduct involving a 12-year-old girl. He was sentenced to 20 months in prison and was granted parole in March. He was a trooper at the Iron County post when convicted.

In its ruling, the court said Morikawa’s attorney during the trial didn’t do his job when the jury initially deadlocked.

According to the ruling, issued Tuesday, the jury deadlocked after several hours of deliberating. Jurors were brought back the next day for more deliberation and then sent the judge a note.

"Approximately an hour later, the court received a note indicating that one of the jurors, Juror K, had disclosed a sexual-misconduct investigation in his past," the court wrote in its ruling. "Juror K revealed that four or five years before the trial, he had been at a Christmas party and had touched a young girl during a group picture. He later learned he had been investigated and cleared of any wrongdoing.

"Juror K did not reveal the incident during (juror questions) because he did not believe it would affect his judgment and he did not want to bring attention to himself. He then indicated that he had received a lot of peer pressure in the jury room, and, without prompting, he volunteered to the court that he was one of the holdouts."

The judge at the original trial dismissed that juror and brought in an alternate. The judge then told the jury to renew deliberations. Morikawa’s attorney didn’t raise any objections.

However, state law says that the judge should have instructed the jury to begin its deliberations anew, and the attorney not pointing that out was an error.

"Given the intense debates and ‘peer pressures’ that had obviously been occurring in the jury room, with numerous individuals arguing for conviction, we find the accession to the improper jury instruction by defense counsel to be below an objective standard of reasonableness. Given the existence of the original two ‘holdouts,’ this was obviously a close case, and when viewed in light of the error ... we find that it could have had an effect on the outcome of the trial if the jury had begun deliberations anew with a new member and the fresh perspective that member would bring."

Morikawa’s new attorney, Mitchell Foster, said his client was pleased with the ruling.

"It’s nice to see that the Court of Appeals will uphold a defendant’s right to a fair trial."













Former state trooper convicted of sex crime gets new trial
by Ty Czarnopis
Posted: 08.28.2013 at 4:17 PM
Updated: 08.29.2013 at 11:30 AM
http://www.uppermichiganssource.com/news/story.aspx?id=939722#.UqeJSOp3uM8


MARQUETTE -- The former Michigan State Police trooper that was originally sentenced for criminal sexual conduct will be getting a new trial due to ineffective legal counsel.

The Michigan Court of Appeals has granted a new trial to 39-year-old David Morikawa. He was originally sentenced to prison on two charges of second degree criminal sexual conduct with a 12-year-old girl.

The court of appeals acknowledges Morikawa's claim that he had "ineffective assistance of counsel and shown a fundamental unreliability with respect to his trial."

The original incident responsible for the charges against Morikawa happened in July 2009. His original sentence was for two concurrent prison terms of 20 months to 15 years. Morikawa was granted parole on March 14, 2013.




Monday, August 26, 2013

08262013 - [Sheriff] William Hackel - Masonic Temple Head of Security - Registered Sex Offender

Also see:


[Sheriff] William Hackel - Registered sex offender - Released from prison
April 24, 2005

[Sheriff] William Hackel - Denied new trial
September 19, 2007
[Sheriff] William Hackel - Appeal
June 6, 2000
[Sheriff]William Hackel - Sentenced
May 15, 2000
Sheriff William Hackel - Trial: Convicted
April 17, 2000
Sheriff William Hackel - Charged w/ CSC
October 11, 1999




In October 1999, Macomb County Sheriff William Hackel was investigated for raping an acquaintance during a Michigan law enforcement convention. Sheriff Hackel maintained that the sex was consensual.
In November 1999, Sheriff William Hackel was charged with rape, after he failed a polygraph exam.
During his trial in April 2000, Sheriff Hackel falsely maintained that the sex had been consensual. The jury convicted Hackel of rape.
In May 2000, Sheriff Hackel was sentenced to at least 3 years in prison for the October 1999 rape. He served 5 years and was released in 2005.
In June 2000, Sheriff Hackel filed an appeal on his rape conviction...He was still falsely claiming that the sex had been consensual. Hackel's appeal was denied.


 In 2007, the Detroit US Federal Court turned down Sheriff Hackel's request for a new trial on his rape conviction. Hackel was still maintaining that the sex had been consensual.






Sheriff William Hackel has been throwing the words "consensual sex" around for years. In 1991, when male jail inmates broke into the female inmate section of the jail, the male inmates did not rape the women: "There's no question that they had sex," Hackel said, "It was consensual".




 
Although former Sheriff William Hackel is a convicted and registered sex offender, he was hired as the head of security for the Detroit Masonic Temple.
?




Accusations fly in Detroit Masonic Temple lawsuits
Aug. 26, 2013 - 7:00 AM
Written by Eric D. Lawrence
Detroit Free Press Staff Writer http://www.tennessean.com/article/C4/20130826/NEWS01/308260041/Masonic-Temple-lawsuit-Detroit



An ugly legal battle that pits the owners of the Detroit Masonic Temple against the building’s former management company has thrust the iconic landmark into the spotlight in the last year, ensnaring several prominent businesspeople in the case and prompting embarrassing headlines for the 87-year-old facility.

The Masonic Temple Association, which owns the Masonic Temple, booted the management company, Halberd Holdings, out of the facility last year. The association claims, among other things, that Halberd was ruining the temple’s reputation by not paying its bills and hiring felons, such as former Macomb County Sheriff William Hackel, who was convicted in 2000 of two counts of criminal sexual conduct and is a registered sex offender, as head of security.

The financial issues led DTE Energy to threaten last year to shut off the entertainment venue’s power, because of a more than $300,000 overdue bill, and required rocker Jack White’s intervention to save the temple from tax foreclosure.

Dueling lawsuits were launched beginning in November, when the association sued Halberd in Wayne County Circuit Court on allegations that included breach of contract and unjust enrichment. Halberd filed a countersuit in January, making its own claims of breach of contract and unjust enrichment. But Halberd also claims it has an ownership stake in the Masonic and wants a judge to force the association to negotiate a purchase agreement with the company.

Jason Abel, the attorney representing the Masonic Temple Association, dismissed Halberd’s claims as bogus.

"I think all of their claims are egregious and without merit. The fact that they’re contending that they have any right to take ownership of the Masonic Temple is wholly baseless," Abel said. "The Masonic Temple is an important fixture in the Detroit community, and it’s unfortunate that certain individuals are trying to undermine its effective operation in an attempt to obtain monies that they’re not entitled to."

Abel filed a motion in Wayne County Circuit Court asking that sanctions be imposed against Halberd and its law firm, Norman Yatooma and Associates, citing delays in turning over documents as part of the discovery process. During a court hearing Friday, the firm was given 30 days to turn over documents. Yatooma, perhaps best known for his spirited advocacy on behalf of the family of slain stripper Tamara Greene, did not respond to multiple requests for comment.

Severed ties
The legal case represents a dramatic undoing of a relationship that was supposed to provide stability to the Masonic Temple’s operations but instead ended up in court. The building is listed on the National Register of Historic Places and touted as the largest Masonic temple in the world.

Halberd, hired in 2011, is accused of having accrued more than $1.2 million in debt related to expenses tied to the Masonic Temple the month before it was booted from the facility, but Masonic officials paint the facility’s current finances as stable.

Halberd, which denied many of the allegations in the initial suit, says in its countersuit that the Masonic owed $900,000 when Halberd took over management and that the company was brought in both to pay down the debt and develop new business for the temple. It says Halberd was entitled to manage the temple for two years, which should have given it until this coming fall.

In addition, Halberd claims that when it was locked out of the temple, the company lost access to production equipment and other items as well as $50,000 in cash in a safe on the premises. Halberd says the equipment is worth $2 million, but Masonic officials say it is worth a fraction of that.

The legal case also hasensnared several prominent individuals, including former Detroit Lions star Mel Farr and Donald Foss, the founder of Southfield-based Credit Acceptance Corp. Both men had ties they have since severed to Halberd — Farr as a named investing member and Foss through another company called Longstock III.

Foss, who was listed by Forbes Magazine among America’s wealthiest people in the 1990s, withdrew Longstock III from Halberd in March 2012.

The date of Farr’s separation from Halberd is unclear. In a brief phone conversation, Farr said he would need to check with some people before he could talk but then did not respond to follow-up requests for comment.

Halberd’s remaining investing membersaccording to court records are attorney Michael J. Smith, who has an office in Mt. Clemens, and Matthew Mazer, a New York filmmaker. In a copy of an April 2012 e-mail sent from Farr to Smith, he lashes out, saying he felt like he had been taken for a fool.

"I want my ... money back," according to Farr’s e-mail. "I want the management of the MTA (the association) to know exactly how you and Matt took them, and the investor I brought to the table, on this horrific ride."

It’s unclear how Smith and Mazer are connected, and neither responded to multiple requests for comment.

Mazer’s Internet Movie Database page credits him with being a producer and writer on "Buried Prayers" in 2010 and "Keepers of Eden" in 2007, and it lists him as co-executive producer on the 1994 animated film, "The Swan Princess." Mazer’s personal life was in the news after his nanny, Patricia Francois, sued him in 2009, saying he had attacked her for telling him to stop berating his daughter about her preparation for a holiday skit. Mazer filed a counterclaim, alleging an assault by Francois, who was eventually awarded almost $14,000 as well as attorney fees for the assault and associated overtime claims.

The case, according to various news outlets, sparked a protest outside Mazer’s Manhattan apartment over the treatment of domestic workers.

A list of accusationsHalberd’s claims to an ownership stake in the Masonic Temple rest on whether it is allowed to assume the role of Longstock III. The Masonic Temple Association and Longstock III had held out the possibility that the Masonic could eventually have been sold to Longstock III under certain conditions. That never happened, and Halberd, which was only the management company, announced that it was stepping into Longstock III’s shoes after Foss pulled Longstock out of Halberd. But Masonic officials say such a sale is off the table when it comes to Halberd.

Halberd had set up its own company, Detroit Masonic Temple Theatre Co., to manage the Masonic, which the association claims was not authorized and was designed to shield Halberd from its creditors. DMTTC was incorporated in November 2011, with Smith as the incorporator. In January 2012, Foss sent a letter to Smith asking that Halberd dissolve itself. The letter cited "a number of recent unauthorized activities" and a failure to provide certain financial reports. In March, after Smith replied that Halberd could not dissolve, Foss withdrew Longstock III from its membership in Halberd.

DMTTC filed for bankruptcy protection in June of this year. News of that filing prompted a flurry of news reports that incorrectly assumed the owners of the Masonic Temple were the ones filing for bankruptcy protection. DMTTC also was sued by the temple owners but its involvement in the lawsuits is likely sidelined by the bankruptcy filing.

The lawsuits themselves are a treasure trove of accusations. In making its case that Halberd failed to manage the Masonic as a first-class entity, the temple referenced a performance in the Masonic parking lot in May 2012 by DJ Pauly D, whose real name is Paul DelVecchio. The suit claims that Halberd investing member Smith tried to force DJ Pauly D to provide a private concert afterward but let him go when Smith realized he could not legally hold the performer.

The suit also claims that Halberd failed to pay payroll taxes for its employees regularly and that Halberd replaced whistle-blowers with felons. The suit says at least one member of Halberd is believed to have taken Masonic Temple revenue for his own personal account.




Wednesday, July 31, 2013

07312013 - [IN] Amanda Bach Murder Case - Amanda's family filed lawsuit against Officer McCowan



******
[IN] Amanda Bach Murder Case - 
Dustin McCowan's Appeal
http://michiganoidv.blogspot.com/2014/04/in-amanda-bach-murder-case-dustin.html




******








The sheriff department, prosecutor, and Amanda's parents believe that Officer Joseph Elliot McCowan [Crown Point Indiana PD] played a role in covering up his son's murder of Amanda Bach:

Amanda Bach Murder Case - Investigation of Officer Joseph Elliott McCowan [Crown Point Indiana PD] - September 2011 - April 2013  











Dustin McCowan's father files for bankruptcy
April 24, 2014
NWI Times
Bob Kasarda
http://m.nwitimes.com/news/local/porter/portage/dustin-mccowan-s-father-files-for-bankruptcy/article_03ab43a1-32ea-55a8-9acf-ae5e57e89e1b.html?mobile_touch=true

HAMMOND | Joseph McCowan, father of convicted murderer Dustin McCowan, has filed for bankruptcy, according to federal court records.

The filing comes on the heels of a federal lawsuit filed by American Family Mutual Insurance Co. arguing it should not be held liable as part of a civil legal battle stemming from Dustin McCowan's 2011 murder of Portage resident and former girlfriend Amanda Bach.

The company targets the parents of the deceased woman and the McCowans, arguing that while it had provided a homeowner policy at the time to the family of Dustin McCowan, the coverage did not apply to incidents of intentional bodily injury or injury arising out of criminal behavior resulting in a conviction.

The insurance company is not named in the July lawsuit filed at the county level by the parents of Amanda Bach against Dustin McCowan and Joseph Elliott McCowan.

Yet the company is asking a federal judge to determine it has no financial or other responsibility in the civil dispute.

William and Sandra Bach are seeking an unspecified amount of money in the suit, which targets Dustin McCowan's intentional acts under the Indiana Child Wrongful Death statute.

The civil suit further accuses Joseph McCowan of contributing to the murder by not properly securing his firearms, one of which Dustin McCowan is believed to have used to shoot and kill 19-year-old Bach on Sept. 16, 2011.










Elliott McCowan's insurance company wants out of Bach's wrongful death suit 

By KEVIN NEVERS

Posted 2/18/2014

Chesterton Tribune



Elliott McCowan’s homeowner’s insurance company has filed suit in federal court seeking a judge’s determination that it has no obligation to cover either McCowan or his son, Dustin--the convicted murderer of Amanda Bach--for any claims which might arise from the wrongful death suit filed last year by Bach’s parents.

The American Family Mutual Insurance Company filed that suit on Friday. It names Elliott and Dustin McCowan and Bach’s parents, William and Sandra.

According to the suit, at the time of Bach’s death by gunshot wound, on or about Aug. 16, 2011, Elliott McCowan was the holder of a homeowner’s insurance policy with a liability limit of $500,000 per occurrence of bodily injury or properly damage.

However, the suit argues, exclusions from liability coverage include the following:
* When the bodily injury is caused intentionally.
* When the bodily injury arises out of a violation of any criminal law.

Also excluded from coverage: any punitive or exemplary damages.

American Family is thus asking the court to “declare and determine” the following: that its policy does not cover either McCowan for any claims arising out of the murder; and that the company has no obligation to defend or indemnify either McCowan against any claims made in the Bachs’ suit, no obligation to compromise or settle any such claim, and no obligation to pay in any part any judgment rendered against either or both.

McCowan was convicted on Feb. 26, 2012, of Bach’s murder and is serving a 60-year sentence in the Pendleton Correction Facility in Madison County.

Count I of the Bachs’ suit notes that on or about Aug. 16, 2011, Dustin McCowan “negligently, carelessly, recklessly, and/or intentionally shot Amanda Bach”; that she “suffered a horrific, terrible, untimely, wrongful death”; and that her parents, under the Indiana Child Wrongful Death statute, are “entitled to recover for the loss of love, affection, and companionship, attorney fees, costs of this action, burial, and funeral bills.”

Count II names Elliott McCowan and hinges on the enduring mystery of the case: what firearm did Dustin McCowan use to shoot Bach? and what became of that weapon?

Prosecutors suggested at trial that the murder weapon was Elliott McCowan’s Smith & Wesson .38 caliber Airlite revolver, which he testified at trial he kept under a sofa in the living room but which he reported missing shortly after Bach’s body was discovered.

That revolver has never been found.

“Upon information and belief,” the suit alleges, Dustin McCowan “used his father’s firearms to fatally shoot Amanda Bach.”

Those firearms “were not properly secured” and “were accessible to his minor son,” according to the suit, although Elliott McCowan “had a duty to properly secure his firearms when he was not home.”

The suit concludes that a “direct and proximate cause of Amanda Bach’s death and fatal shooting” was Elliott McCowan’s “carelessness and negligence.”

The suit does not specify the amount sought by the Bachs.










Slain woman's parents sue convicted killer, dad
August 07, 2013
NWI Times
http://www.nwitimes.com/news/state-and-regional/indiana/slain-woman-s-parents-sue-convicted-killer-dad/article_25d8200e-871e-5363-9425-7dc1fae47dd0.html

The parents of a northern Indiana woman fatally shot in 2011 are suing the man convicted in her killing and his father.

William and Sandra Bach's civil suit seeks an unspecified amount of money from Dustin McCowan and his father, Joseph Elliott McCowan.

Dustin McCowan was sentenced in March to 60 years in prison in the fatal September 2011 shooting of his 19-year-old ex-girlfriend, Amanda Bach of Portage.

The Bachs' suit accuses Joseph McCowan of contributing to the murder by not properly securing his firearms, one of which Dustin McCowan is believed to have used to kill Bach.

The Times of Munster reports ( http://bit.ly/11K9Sj8) police have said they believe Joseph McCowan, a Crown Point police officer, may have helped his son try to cover up the murder.











Suit targets convicted murderer Dustin McCowan, his father
August 06, 2013  - 12:40 pm
Bob Kasarda
NWI Times
http://www.nwitimes.com/news/local/porter/wheeler/suit-targets-convicted-murderer-dustin-mccowan-his-father/article_80df615e-ac4c-5dab-b7d4-521a1f522b7c.html



VALPARAISO - The parents of murder victim Amanda Bach have filed a civil lawsuit against the young man responsible for her death and his father.

William and Sandra Bach are seeking an unspecified amount of money in their suit against Dustin McCowan and his father, Joseph Elliott McCowan.

The Bachs are claiming they are entitled to reasonable compensation from Dustin McCowan for their loss.

The suit accuses Joseph McCowan of contributing to the murder by not properly securing his firearms, one of which Dustin McCowan is believed to have used to shoot and kill 19-year-old Bach on Sept. 16, 2011.

"Defendant, Joseph Elliott McCowan, had a duty to properly secure his firearms when he was not home," the suit states.

The Bachs cite the Indiana Child Wrongful Death statute to justify their claim against Joseph McCowan.

Dustin McCowan was sentenced in March to 60 years in prison for murdering the Portage resident, who was a former girlfriend.

A jury heard evidence for nearly a month before finding him guilty of shooting Bach in the throat during the early morning hours after she showed up at the Union Township home he was living in at the time with his father. Bach's partially clothed body was found the following day less than 300 yards from the house in a wooded area along County Road 625 West at the Canadian National Railroad tracks.

County police have said they believe Joseph McCowan, a Crown Point police officer, may have aided his son in attempting to cover up the murder.

Dustin McCowan failed in his first shot at overturning his sentence and conviction in May. Porter Superior Court Judge Bill Alexa tossed out claims that he erred by not stepping aside after learning about a telephone call with McCowan from the jail that included derogatory and threatening remarks about prosecutors, police and their family members.

An appeal is expected in the case.











Amanda Bach’s parents suing murderer and father
By James D. Wolf Jr.
Post-Tribune correspondent
August 5, 2013  6:38PM
http://posttrib.suntimes.com/news/porter/21744326-418/amanda-bachs-parents-suing-murderer-and-father.html






VALPARAISO — The parents of Amanda Bach are suing both the man who killed their daughter on Sept. 16, 2011, and his father.

A lawsuit filed in Porter County on July 31 names both Dustin McCowan, now 20, and Joseph Elliott McCowan, a police officer with the Crown Point Police Department.

Dustin was convicted of 19-year-old Bach’s murder on Feb. 26 after an almost month-long trial.

Porter Superior Court Judge William Alexa sentenced the younger McCowan to 60 years in prison March 28 for the death of the Portage girl.

The attorney for William and Sandra Bach, David E. Woodward of Woodward and Blaskovich, said his clients did not want to comment on the matter.

John Vouga of Vouga and Associates, who with Nick Barnes defended Dustin McCowan, said that he has an appointment to meet with the elder McCowan on Friday.

"Our official stance is it’s not worth commenting on right now," Vouga said.

Dustin McCowan’s appeal is now being handled by a public defender.

The Bachs’ suit states that the parents are suing under the Indiana Child Wrongful Death statute and "are entitled to recover for loss of love, affection and companionship, as well as all other damages permitted."

They included the father in the suit because he "failed to properly secure his firearms in which his son, Defendant, Dustin McCowan, had access," the suit states.

"A direct and proximate cause of Amanda Bach’s death and fatal shooting, was the carelessness and negligence of the Defendant, Joseph Elliott McCowan," according to the suit.

Police were made aware of Bach’s death when her car was found abandoned in downtown Wheeler, north of where the McCowans lived then.

Search parties found her body Sept. 17 in a copse of trees near tracks, close to where the McCowans lived and where Dustin was known to dispose of trash from parties.

She had been shot in the neck by a .38 caliber gun, and the elder McCowan’s .38 pistol that was kept under a sofa was discovered to be missing shortly after the body was found.










Also See: 
Amanda Bach Murder - Dustin McCowan charged with murder http://michiganoidv.blogspot.com/2011/09/in-amanda-bach-murder-case_16.html 

Amanda Bach Murder Case - Investigation of Officer Joseph Elliott McCowan [Crown Point Indiana PD] - September 2011 - April 2013 

Amanda Bach Murder Case - Dustin McCowan Trial and Conviction- Feb 04, 2013

Amanda Bach Murder Case - Dustin McCowan Sentenced - March 28, 2013

Amanda Bach Murder Case - Videos