05232003 - Assist Prosecutor Kevin Floyd - Assault & Battery And Aggravated Stalking - Kent County

On May 23, 2003 Kent County Assistant Prosecutor Kevin Floyd was involved in a domestic altercation with his ex-wife. Floyd pulled his ex-wife towards him; hit her in the chest; and then pushed her to the ground. Floyd was charged with assault and battery and aggravated stalking.

In October 2003, Floyd was jailed for 16 days....Either for criminal contempt charges in his divorce case or for violation of the terms of his pretrial release in the criminal case. Floyd was placed on an electronic tether program after his release from jail in October.

In February 2004, Floyd failed to pay the maintenace fees on the electronic tether and it was turned off. Floyd faced revocation of his pretrial release.

In July 2004, Floyd pled no-contest to the assault and battery charges. In exchange, the stalking charges were dismissed.

On October 29,  2004, Floyd was sentenced to 30 days in jail and 24 months probation [for the May 23, 2003 assault].

On July 12, 2005, Floyd was found to be in violation of the terms of his probation. His probation was revoked and he was ordered to serve 93 days in jail.

In December 30, 2005 Floyd was charged with criminal contempt in a civil case [his divorce case]. He attempted to appeal the decision on April 17, 2006.

On August 21, 2006 the State of Michigan Attorney Discipline Board suspended Floyd from practicing law for 30 days, for the assault and battery conviction.

Floyd attempted to appeal a May 10, 2007 parenting time ruling in his divorce / custody case. [May 31, 2007].






ALSO SEE:
Kent County Assistant Prosecutor Kevin Floyd. October 2003: Jailed for 7 days.
http://michiganoidv.blogspot.com/2003/10/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. February 27, 2004: Pretrial release revocation hearing for failure to pay electronic tether fees.
http://michiganoidv.blogspot.com/2004/02/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. July 12, 2005: Violation of probation.
http://michiganoidv.blogspot.com/2005/07/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. December 30, 2005: Criminal contempt in civil case / divorce case.
http://michiganoidv.blogspot.com/2005/12/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. August 21, 2006: 30 day suspension ordered by State of Michigan Attorney Discipline Board for Floyd's assault and battery conviction.
http://michiganoidv.blogspot.com/2006/08/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. May 31, 2007: Attempted to appeal May 10, 2007, parenting time ruling.
http://michiganoidv.blogspot.com/2007/05/assistant-prosecutor-kevin-floyd-kent.html











Appeal on criminal contempt charges [12/30/05] in civil case / divorce. Filed by Floyd on April 17, 2006:

Appeal Floyd filed on May 10, 2007 parenting time ruling ruling in his custody / divorce case:

State of Michigan Attorney Discipline Board August 21, 2006 decision to suspend Floyd for thirty days [May 23, 2003 assault and battery]:

New procedures will make sure tethers are turned on
Saturday, February 28, 2004
By Doug Guthrie By Doug Guthrie
The Grand Rapids Press
http://www.mlive.com/news/grpress/index.ssf?/base/news-13/107796711258720.xml

New policies are in place to prevent the same shutdown of an electronic tracking tether that occurred when a former Kent County assistant prosecutor -- accused of stalking his estranged wife -- failed to pay required maintenance fees.

The global positioning satellite tracking device that one-time judicial candidate Kevin Floyd was required to wear was ordered shut off Feb. 2 for failure to pay maintenance fees to a Detroit-area electronic surveillance company. It was reactivated two days later.

"It would be bad to have someone get off a tether by just not paying for it," said Kent County Chief Circuit Judge Paul Sullivan. "It's the height of absurdity to have had this happen. From a policy standpoint, this should never happen again."

The county contracts with a leasing company called House Arrest Services for the ankle-attached tracking equipment.

Floyd had been ordered to pay $16 a day for the device. Other tethers in common use are half as expensive.

Court records show Floyd made only an initial payment when he was released from jail and fitted with the device on Oct. 29. Floyd, who resigned from his nearly $90,000-a-year job after 14 years with the Kent County Prosecutor's office, had argued he didn't have the money to pay.

He quit after being charged with aggravated stalking for violating a personal protection order obtained by his estranged wife, Andrea Morgan-Floyd.

The device allows people accused of potentially violent crimes to remain free on bond while awaiting trial.

Unlike standard electronic tethers which warn authorities if a person has left home, the GPS tether sends a signal to a receiver in the hands of the alleged victim, warning that the accused is nearby.

Authorities have said Floyd apparently was unaware that his tether was turned off, until notified by the court after it was turned back on. Floyd avoided returning to jail on Friday when he paid nearly $1,300 in overdue maintenance fees. He also paid an additional $500 for the service through March, according to his lawyer, John Beason.

Sullivan said the Floyd case was unique because it apparently is the only time a GPS tether has been turned off without a judge's order.

Sullivan said there now are procedures in place to ensure failure to pay is addressed in court before any services are turned off.

Jon Ugval, director of operations for House Arrest Services of Eastpointe, near Detroit, said his company turned off the device on orders issued from within the Kent County court's bureaucracy.

"We have never taken them off line without a court's approval," Ugval said. "It was not a House Arrest Services call. All we do is provide information for the court. Decisions are made at that level."

Sullivan said the GPS device rarely has been used in the nearly three years it has been available. He said higher cost is a factor, but the other alternative is to put the person in jail. Given the option, many defendants prefer to pay rather than go to jail, he said.

Floyd, 40, has been free on $40,000 bond since his release after a week in jail in October.

A Kalamazoo County judge assigned to the case last week gave Floyd until noon Friday to pay or go to jail.

"The judge (Kalamazoo Circuit Judge Philip D. Schaefer) was fair and reasonable in giving Kevin a chance to pay," Beason said. "We also appreciate the judge's lifting of a restriction preventing Kevin from seeing his son. The judge was fatherly and compassionate."

Schaefer is handling the case because Kent County's judges declined due to familiarity with Floyd. Kent County's prosecutor also backed away from the case for the same reason.

No date has been set for Floyd's trial. The crime is punishable by up to five years in prison, $7,500 in fines and at least five years of probation. Misdemeanor assault charges also stemming from another alleged domestic incident were dismissed in Kentwood District Court in January.









Kent County assistant prosecutor quits
WOODTV
Grand Rapids
November 26, 2003
http://www.woodtv.com/Global/story.asp?S=1542262

Assistant Kent County Prosecutor Kevin Floyd, who faces felony-stalking charges, has resigned. Floyd was ordered to stand trial earlier this month after a judge ruled he violated a personal protection order taken out against him by his estranged wife. He is free on bond tonight awaiting trial. Floyd was a 14-year veteran of the prosecutor's office and an unsuccessful candidate for circuit court judge last year.








Preliminary Hearing Set For Today For Kent County Prosecutor
WZZM13
Posted: 11/3/2003
http://www.wzzm13.com/news/michigannewsdefault.asp?cmd=view&articleid=9198
A preliminary hearing is scheduled for today for Kent County prosecutor Kevin Floyd. Floyd has been charged with felony stalking. He's accused of stalking his estranged wife who filed for divorce earlier this year. He's also facing misdemeanor charges including assault and battery, and giving false information to police.