OIDV Project Of Michigan - Officer Involved Domestic Violence Project Of Michigan: May 2008

Friday, May 16, 2008

05162008 - Deputy Kevin Haan - Pleaded to May OIDV - Allegan County SD

Also See:

Deputy Kevin Haan charged with domestic violence [March 04, 2008] http://michiganoidv.blogspot.com/2008/03/deputy-haan-allegan-county-sd.html

Deputy Kevin Haan: Violation of PPO [March 13, 2008]

http://michiganoidv.blogspot.com/2008/03/deputy-kevin-haan-allegan-co-sd.html

Deputy Kevin Haan charged with DUI [March 28, 2008] http://michiganoidv.blogspot.com/2008/03/deputy-kevin-haan-allegan-co-sd_28.html

Ex-deputy faces 3rd OWI in chase, crash
Kevin Haan left Allegan Co. Sheriff's Dept in 2008
Updated: Tuesday, 16 Oct 2012, 11:58 PM EDT
Published : Tuesday, 16 Oct 2012, 5:27 PM EDT
WOOD TV
http://www.woodtv.com/dpp/news/local/muskegon_county/Ex-deputy-faces-3rd-OWI-in-chase-crash

MUSKEGON, Mich. (WOOD) - A former sheriff's deputy faces multiple charges after allegedly leading police on a chase and crashing into an old school building while drunk.

Kevin Jay Haan crashed his vehicle into a former Orchard View School building near Apple Avenue and Dangl Road Monday afternoon.

Haan, 47, now faces charges of third-degree fleeing and eluding, operating while intoxicated (third offense) and resisting and obstructing, according to the Muskegon County Prosecutor's Office.

Authorities say a half-empty bottle of vodka was found in the crashed truck. The resisting police charge was because of his actions after the crash.

A woman whose vehicle Haan allegedly hit during the chase told 24 Hour News 8 Tuesday evening that she's "disappointed" a former law enforcement officer would behave recklessly and try to run from police.

His previous drunk driving convictions were in 2008 and 2010, according to the Prosecutor's Office.

In 2008, Haan resigned from the Allegan County Sheriff's Department after 18 years on the force. He had been arrested three times in March of that year for threatening his wife over the phone, violating bond, and drunk driving.

He pleaded guilty in May 2008 to misdemeanor malicious use of a telecommunications device and operating while impaired, according to state records.

He also pleaded guilty to misdemeanor domestic violence after a May 2008 incident.

Haan was arrested again in October 2008 in Kent County for operating while intoxicated, to which he also pleaded guilty.

Thursday, May 15, 2008

05152008 - Deputy Kevin Haan - May 2008 DV - Allegan County SD

Also See:

Deputy Kevin Haan charged with DUI [March 28, 2008] http://michiganoidv.blogspot.com/2008/03/deputy-kevin-haan-allegan-co-sd_28.html

MUSKEGON, Mich. (WOOD) - A former sheriff's deputy faces multiple charges after allegedly leading police on a chase and crashing into an old school building while drunk.

Kevin Jay Haan crashed his vehicle into a former Orchard View School building near Apple Avenue and Dangl Road Monday afternoon.

Haan, 47, now faces charges of third-degree fleeing and eluding, operating while intoxicated (third offense) and resisting and obstructing, according to the Muskegon County Prosecutor's Office.

Authorities say a half-empty bottle of vodka was found in the crashed truck. The resisting police charge was because of his actions after the crash.

A woman whose vehicle Haan allegedly hit during the chase told 24 Hour News 8 Tuesday evening that she's "disappointed" a former law enforcement officer would behave recklessly and try to run from police.

His previous drunk driving convictions were in 2008 and 2010, according to the Prosecutor's Office.

In 2008, Haan resigned from the Allegan County Sheriff's Department after 18 years on the force. He had been arrested three times in March of that year for threatening his wife over the phone, violating bond, and drunk driving.

He pleaded guilty in May 2008 to misdemeanor malicious use of a telecommunications device and operating while impaired, according to state records.

He also pleaded guilty to misdemeanor domestic violence after a May 2008 incident.

Haan was arrested again in October 2008 in Kent County for operating while intoxicated, to which he also pleaded guilty.

Saturday, May 10, 2008

05102008 - Officer Renny Shelby - Detroit PD

Detroit Police Officer Renny Shelby. May 10, 2008.

Broke into ex-girlfriend's house and held her at gunpoint.

ORIGINAL CHARGES: ONE COUNT OF 2ND DEGREE HOME INVASION; ONE COUNT OF ASSAULT W/A DANGEROUS.
MDOC NUMBER: 707144
CURRENT STATUS: PROBATIONER
LOCATION: WAYNE/DETROIT LAHSER/PROBATION
SECURITY LEVEL:
SUPERVISION BEGIN DATE: 11/13/2008
SUPERVISION DISCHARGE DATE: 05/13/2010
OFFENSE: ASSAULT W/INTENTION TO CAUSE GREAT BODILY HARM LESS THAN MURDER
MCL #: 750.84
COURT FILE # : 08220998-FH
COUNTY: OAKLAND
CONVICTION TYPE: NOLO CONTENDERE
MINIMUM SENTENCE:
MAXIMUM SENTENCE: 1 YEAR 6 MONTHS
DATE OF OFFENSE: 05/10/2008
DATE OF SENTENCE: 11/13/2008

SUPERVISION CONDITIONS:
01-NO VIOLATIONS OF ANY CRIMINAL LAW
02-NOT LEAVE STATE W/O PERMISSION
03-MONTHLY REPORTING
03.3-APPLY TO MENTAL HEALTH TREATMENT PROGRAM
03.10-COMMUNITY SERVICE
04-NOTIFY OF CHANGE OF RESIDENCE
04.5-NO CONTACT OR BE 500’ AWAY FROM THEIR RESIDENCE
04.18-BEHAVIOR
04.20-NOT OWN OR POSSESS WEAPONS
06.4-MAINTAIN EMPLOYMENT OF AT LEAST 30 HOURS PER WEEK
08.2-PAY A CRIME VICTIM’S ASSESSMENT
08.3-PAY SUPERVISION FEE PURSUANT TO PA 185 OF 1993
08.4-COURT COST
08.11-ASSIGNMENT OF WAGES UNTIL ORDEREDASSESSMENTS ARE PAID
08.18-STATE COSTS
08.19-DNA TESTING

BOARD OF POLICE COMMISSIONERS
Minutes of the Regular Board of Police Commissioners Meeting
Thursday, May 15, 2008
COMMITTEE OF THE WHOLE
The forum of the Detroit Board of Police Commissioners was held on Thursday, May 15, 2008, at 3:00 p.m., at Police Headquarters, 1300 Beaubien, Detroit, Michigan 48226.

ATTENDANCE
Board Members Present
Erminia Ramirez Jim Holley (ABS) Mohamed Okdie Willie Hampton (ABS) Ronald L. Griffin (ABS)
Department Personnel Present
Chief Ella M. Bully-Cummings
AC Robert Dunlap
AC Ralph Godbee
Cmdr. Gail Wilson-Turner
Lt. Charles Wilson
Lt. Robin Kirkwood-Farrah
Lt. Whitney Walton
Lt. Ronda Tillman
Lt. Donna Jarvis
Sgt. Rodney Cox
Sgt. William Sims
PO James Watson
Atty. Grant Ha

Minutes of the Regular BPC Forum Thursday, May 15, 2008 Page 2
Board Staff Present
Dante' L. Goss, Executive Director (ABS)
Denise R. Hooks, Attorney/Supervising Inv.
Lawana Ducker, Personnel Director
Arnold Sheard, Chief Investigator
Leslie J. Griffin, Community Affairs Coordinator
P.O. Kent Cooper

OTHERS PRESENT
Lawanda Hail-Ruffin Ron Scott
RECORDERS
Terence Bell Robert Brown

1. CALL TO ORDER
Chairperson Ramirez called the meeting of the Detroit Board of Police Commissioners to order at 3:10 p.m.

2. APPROVAL OF AGENDA
The Agenda for May 15, 2008, was not presented given the lack of a quorum.

3- APPROVAL OF MINUTES
The Minutes for May 1, 2008, and May 8, 2008 were not presented because of the lack of a quorum.

Minutes of the Regular BPC Forum Thursday, May 15, 2008 PageS
SUSPENSION WITHOUT PAY OF POLICE OFFICER RENNY SHELBY, BADGE 1439, ASSIGNED TO NARCOTICS ENFORCEMENT

On May 11, 2008, the Internal Affairs Alert Team was directed to respond to the Southfield Police Department regarding the arrest of Police Officer Renny Shelby, badge 1439, assigned to Narcotics Enforcement.

On May 10, 2008, at approximately 3:10 A.M., at a private residence in Southfield, Michigan, officers responded to a possible home invasion in progress. Upon arrival the officers observed Officer Shelby standing near his vehicle. He walked around his vehicle with his hands in the air and informed the officers that he was a Detroit police officer and that his handgun was in his left front pocket. Officer Shelby then stated, "I just ruined my career." When the officers asked why, he advised them to talk to the complainant.

The officers approached the residence and observed damage to the front door of the location and part of the lock was lying on the floor. The complainant stated that she was lying in bed with her friend when her cellular telephone began to ring. A short time later she heard knocking at her front door and then kicking. The complainant called 911. As the complainant was talking to the operator, her ex-boyfriend, Officer Shelby entered her bedroom and pulled out a black handgun and pointed it at her. The complainant informed Officer Shelby that she was on the telephone with the police.

Officer Shelby grabbed the telephone and threw it to the floor. After exchanging a few more words with the complainant, Officer Shelby walked out of the bedroom and proceeded to the living room to take his son. Officer Shelby returned to the complainant's bedroom, grabbed her by the arms and threw her onto the bed. Officer Shelby lifted the complainant's nightgown up and advised her friend that he had been intimate with her two weeks prior. The complainant pushed Officer Shelby away and continued to argue with him. Officer Shelby advised the officers that he had finished work at 2:00 A.M., and was hanging out around the complainant's home because he was concerned about his son and the fact the complainant was seeing other men. He stated that he knocked on the door and the complainant did not answer so he kicked it in. The officers noted that Officer Shelby appeared to be intoxicated. Officer Shelby was arrested and conveyed to the Southfield Police Department for processing.

On May 11, 2008, the Oakland County Prosecutor's Office issued felony warrant #08-46500 charging Officer Shelby with one (1) count of Home Invasion - Second Degree and one (1) count of Assault with a Dangerous Weapon (Felonious Assault]

Minutes of the Regular BPC Forum Thursday, May 15, 2008 Page 6
On this same date, Officer Shelby was arraigned before Magistrate Kay Spinx, of the 46th District Court, he entered a plea of not guilty and bond was set at $50,000. Officer Shelby was scheduled to appear on May 15, 2008, 8:30 A.M., for a Pre-Examination Hearing.

Also on May 11, 2008, the Alert Team suspended Officer Shelby.

It should be noted that Officer Shelby's department issued weapon remains on evidence with the Southfield Police Department.

Based upon the above facts and circumstances, it is recommended that Officer Shelby be charged with, but not limited to, the following violation of the department Rules and Regulations:
CHARGE: CONDUCT UNBECOMING AN OFFICER,
CONTRARY TO THE LAW ENFORCEMENT CODE OF ETHICS; THIS BEING IN VIOLATION OF THE 2003 DETROIT POLICE DEPARTMENT MANUAL SERIES 100, DIRECTIVE 102.3 - 7.9, CONDUCT UNPROFESSIONAL, COMMAND 1.

Atty. Hooks indicated she had not spoken to Atty. Goldpaugh on this matter, so did not know whether or not he planned to contest this petition next week.
Due to the seriousness of the conduct, I am requesting your concurrence with the suspension of Police Officer Renny Shelby without pay, effective May 15, 2008. Unless contravened by this Board the suspension without pay shall stand. There were no contraventions.

Michigan Commission on Law Enforcement Standards
Commission Meeting Minutes
April 22, 2009
Gaylord Police Department – City Hall, Gaylord, Michigan
http://www.michigan.gov/documents/mcoles/1_April_22_2009__Meeting_Minutes_279856_7.pdf

Renny Shelby – Mr. Shelby was convicted by a plea of nolo contendere of Assault with Intent to do Great Bodily Harm, less than Murder (MCL 750.84). MCL 750.84 defines
Assault with Intent to do Great Bodily Harm, Less than Murder, as a felony. Mr. Shelby’sconviction was issued and entered on October 8, 2008.

A MOTION was made by Sheriff Pickell and supported by Sheriff Wriggelsworth to accept the Proposal for Decision of the Administrative Law Judge and revoke the law enforcement license of Mr. Renny Shelby.

A VOTE was taken. The MOTION carried

MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE
Michigan Officer Involved Domestic Violence

Thursday, May 1, 2008

05012008 - Firefighter Matthew Cook - Appeal

OIDV OFFENDER: FIREFIGHTER MATTHEW COOK [FIREFIGHTER WAYLAND FIRE DEPARTMENT]

See also Cook's second appeal [OV scoring of Cook as a sexual delinquent]: http://michiganoidv.blogspot.com/2009/11/oidv-offender-appeal-firefighter.html

CHARGED WITH CHILD PORNOGRAPHY WHILE ON PROBATION FOR DOMESTIC VIOLENCE ASSAULT:[ http://michiganoidv.blogspot.com/2004/03/firefighter-matthew-cook-wayland-fd.html ]. COOK WAS CONVICTED OF ASSAULT WITH INTENT TO COMMIT SEXUAL PENETRATION; 2 COUNTS OF 3RD DEGREE CRIMINAL SEXUAL CONDUCT; GROSS INDECENCY; AND 1ST DEGREE CRIMINAL SEXUAL CONDUCT.

ON 04/04/2008, COOK WAS SENTENCED 9 YEARS TO LIFE IN PRISON.

ON 04/28/2008, Cook filed an appeal to have the CSC thrown out, and argued that the Court erred in scoring an offense variable to reflect prolonged pain and humiliation inflicted by Cook towards his victim.

ON 05/28/2009, the Michigan Court of Appeals affirmed the trial court's sentencing of Cook:
"...However, the trial court made clear that the scoring decision was based on complainant’s testimony generally, not just the knife incident. The evidence that defendant engaged in a prolonged pattern of sexual abuse, which routinely involved choking complainant, pulling her hair, and subjecting her to abusive language, well supported the conclusion that defendant had treated complainant with conduct “designed to substantially increase the fear and anxiety,” or subjecting her to “extreme or prolonged . . . humiliation . . . inflicted to produce suffering or for the offender’s gratification.” That a knife threat eventually capped this campaign of intimidation and humiliation indicates neither that a fact from one offense was erroneously scored for another, nor that the trial court overly relied on that single evidentiary particular in reaching its scoring decision.
For these reasons, we conclude that the evidence well supported the trial court’s decision to score OV 7 at 50 points. "

MDOC NUMBER: 496094
CURRENT STATUS: PRISONER
LOCATION: MACOMB CORRECTIONAL FACILITY
SECURITY LEVEL: II
EARLIEST RELEASE DATE: 07/18/2017
MAXIMUM DISCHARGE DATE: LIFE
SENTENCE 1:
OFFENSE: CSC- ASSAULT W/ INTENT TO COMMIT SEXUAL PENETRATION
MCL #: 750.520G1
COURT FILE # : 07015431-FH-C
COUNTY: ALLEGAN
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 5 YEARS 7 MONTHS
MAXIMUM SENTENCE: 10 YEARS 0 MONTHS
DATE OF OFFENSE: 04/01/2004
DATE OF SENTENCE: 04/04/2008

SENTENCE 2:
OFFENSE: CRIMINAL SEXUAL CONDUCT, 3RD DEGREE [FORCE OR COERCION]
MCL #: 750.520D1B
COURT FILE # : 07015431-FH-C
COUNTY: ALLEGAN
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 10 YEARS 0 MONTHS
MAXIMUM SENTENCE: 15 YEARS 0 MONTHS
DATE OF OFFENSE: 04/01/2004
DATE OF SENTENCE: 04/04/2008

SENTENCE 3:
OFFENSE: CRIMINAL SEXUAL CONDUCT, 3RD DEGREE [FORCE OR COERCION]
MCL #: 750.52D1B
COURT FILE # : 07015431-FH-C
COUNTY: ALLEGAN
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 10 YEARS 0 MONTHS
MAXIMUM SENTENCE: 15 YEARS 0 MONTHS
DATE OF OFFENSE: 04/01/2004
DATE OF SENTENCE: 04/04/2008

SENTENCE 4:
OFFENSE: GROSS INDECENCY BETWEEN MALE & FEMALE- COMMITTING / PROCURRING
MCL #: 750.338B / 750.10A
COURT FILE # : 0702979-FH
COUNTY: KENT
CONVICTION TYPE: PLEA
MINIMUM SENTENCE: 7 YEARS 0 MONTHS
MAXIMUM SENTENCE: LIFE
DATE OF OFFENSE: 03/01/2007
DATE OF SENTENCE:08/28/2007

SENTENCE 5:
OFFENSE: CRIMINAL SEXUAL CONDUCT, 1ST DEGREE [PERSON UNDER 13] -SOLICIT
MCL #: 750.520B1A / 769.10
COURT FILE # : 0702979-FH
COUNTY: KENT
CONVICTION TYPE: PLEA
MINIMUM SENTENCE: 3 YEARS 0 MONTHS
MAXIMUM SENTENCE: 5 YEARS 0 MONTHS
DATE OF OFFENSE: 03/01/2007
DATE OF SENTENCE: 08/28/2007

**********
Matthew Cook appeals possible life sentenceBy Advance Newspapers
December 21, 2009, 11:27AM
http://www.mlive.com/penaseeglobe/index.ssf/2009/12/matthew_cook_appeals_possible.html
Court of Appeals has ruled for Cook’s resentencing. Cook is currently in prison after attempting to hire a Grand Rapids prostitute to bring him a child between the ages of 10 and 12, for sexual purposes.

Cook pleaded guilty to solicitation to commit first-degree criminal sexual conduct and attempting to procure and act of gross indecency between a male and female. According to the Court of Appeals, Cook was sentenced as a “sexually delinquent person,” for seven years to life on the gross indecency conviction and as a second habitual offender, to a concurrent prison sentence of three to five years for the solicitation conviction. He was sentenced for the March 1, 2008 offense on Aug. 28, 2008.

On Dec. 10, the State of Michigan Court of Appeals ruled in favor of Cook’s resentencing because of errors in procedural requirements regarding Cook’s sexual delinquency determination.

A former Wayland volunteer firefighter, Cook served jail time for using a computer at the city’s Public Safety Building to access child sexually abusive material on the Internet.

Cook also has three active prison sentences for Allegan County CSC offenses committed on April 1, 2004, for which he was sentenced on April 4, 2008 after a jury trial. He is serving up to 10 years for CSC assault with intent to commit sexual penetration, up to 15 years for CSC 3rd degree (force or coercion) and up 15 years for CSC 3rd degree (force or coercion).

**********

MICHIGAN COURT OF APPEALS
PEOPLE OF MI
V
MATTHEW THOMAS COOK
COA Case Number: 285211

1 PEOPLE OF MIOral Argument: N
Timely: Y
PL-AE
PRS
(26934) ASTLE JUDY HUGHES
113 CHESTNUT ST
ALLEGAN MI 49010
269-673-0280

2 COOK MATTHEW THOMAS
Oral Argument: Y
Timely: Y
DF-AT
SAD
(67095) PAGAC CHRISTINE A
645 GRISWOLD
3300 PENOBSCOT BUILDING
DETROIT MI 48226-4281
313-256-9833

Status: Case Concluded; File Archived

05/01/08: - 1 – Claim of Appeal- Criminal
Proof Of Service Date: 4/28/2008
Jurisdictional Checklist: N
Register of Actions: Y
Fee Code: PI
Attorney:1284 - STATE APPELLATE DEFENDER

04/07/08 – 2 – Order Appealed From
From: ALLEGAN COUNTY CIRCUIT COURT
Case Number: 07-015431-FH
Trial Court Judge: 12239 CORSIGLIA GEORGE R
Nature of Case:
CSC-3 2 COUNTS
Criminal Miscellaneous

05/01/2008 – 4 – Transcript Ordered by Trial Court
Date: 4/28/2008
Reporter: 1344 - MEADE DEBRA J
Hearings:
11/29/2007
3/3/2008
4/4/2008

05/01/08: - 5 – Steno Certificate- Tr Request Received
Date: 4/28/2008
Timely: Y
Reporter: 1344 - MEADE DEBRA J
Hearings:
11/29/2007
3/3/2008
4/4/2008

08/07/2008 – 8 – Transcript Overdue- Notice to Reporter
Mail Date: 8/7/2008
Reporter: 1344 - MEADE DEBRA J

08/11/2008 –9 – Notice of Filing Transcript
Date: 8/7/2008
Reporter: 1344 - MEADE DEBRA J
Hearings:
11/29/2007
3/3/2008
4/4/2008

09/22/2008: - 10 – Motion: Extend Time- Appellant
Proof Of Service Date: 9/22/2008
Filed By Attorney: 67095 - PAGAC CHRISTINE A
For Party: 2 COOK MATTHEW THOMAS DF-AT
Requested Extension: 1/5/2009
Answer Due: 9/29/2008

09/30/2008: - 11 – Submitted On Administrative Motion Docket
Event: 10 Extend Time - Appellant
District: G
Item #: 0

10/08/2008: - 12- Order: Extend Time – Appelant Brief – Grant
Event: 10 Extend Time - Appellant
Panel: CMM
Attorney: 67095 - PAGAC CHRISTINE A
Extension Date: 1/5/2009
Comments: motion for further extension is discouraged and will be granted only on a showing of good cause.

01/05/2009: - 13 – Brief: Appellant
Proof Of Service Date: 1/5/2009
Oral Argument Requested: Y
Timely Filed: Y
Filed By Attorney: 67095 - PAGAC CHRISTINE A
For Party: 2 COOK MATTHEW THOMAS DF-AT

01/05/2009: - 14 – Presentence Investigation Report – Confidential
Date: 1/5/2009
For Party: 2 COOK MATTHEW THOMAS DF-AT
Attorney: 67095 - PAGAC CHRISTINE A

01/20/2009: - 15 – Stips: Extend Time- AE Brief
Extend Until: 3/9/2009
Filed By Attorney: 10172 - ANDERSON FREDERICK L
For Party: 1 PEOPLE OF MI PL-AE
P/S Date: 1/16/2009

02/09/2009: - 16 – Brief: Appellee
Proof Of Service Date: 2/6/2009
Oral Argument Requested: N
Timely Filed: Y
Filed By Attorney: 26934 - ASTLE JUDY HUGHES
For Party: 1 PEOPLE OF MI PL-AE

02/10/2009: - 17 – Noticed
Record: REQST Mail Date: 2/11/2009

02/19/2009: - 18 – Record Filed
Comments: FILE; 5 TRNS

05/12/2009: - 27 – Submitted W/O Argument Per 7.214[E]
Item #: 27
Panel: ETF,MJT,DBS

05/28/2009: -34 – Opinion – Per Curiam – Unpublished
[SEE BELOW]
Pages: 3
Panel: ETF,MJT,DBS
Result: L/Ct Judgment/Order Affirmed

08/20/2009: - 35 – Remittitur & Record Returned – Close Out
File Location: F
Comments: lcf;5 tr--allegan circ

Case Listing Complete

**********

**********

STATE OF MICHIGAN COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,Plaintiff-Appellee,

V.

MATTHEW THOMAS COOK,Defendant-Appellant.

UNPUBLISHED
May 28, 2009

No. 285211
Allegan Circuit Court
LC No. 07-015431-FH

Before: Fitzgerald, P.J., and Talbot and Shapiro, JJ.
PER CURIAM.

A jury convicted defendant of two counts of criminal sexual conduct in the third degree (CSC III), MCL 750.520d(1)(b) (force or coercion), and one count of assault with intent to commit CSC involving penetration, MCL 750.520g(1). The trial court sentenced defendant to concurrent prison terms of ten to 15 years for each CSC conviction, and five years, seven months to ten years for the assault conviction. Defendant appeals as of right. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

Complainant testified that she had had a romantic relationship with defendant from 2001 to 2004, but that from the time defendant’s father died in March 2003 and when she left the area in April 2004, defendant sexually assaulted her, by way of vaginal and oral penetration, too many times to count. Complainant additionally described defendant choking her, pulling her hair forcibly, and calling her such epithets as “slut,” “whore,” and “bitch” during such violence, adding that defendant, “liked it when I was fighting him”. She further testified that, on the occasion that finally drove her away, defendant threatened her with a knife, his designs of sexually exploiting her on that occasion being thwarted only because she screamed and caused defendant’s mother to enter the room. Complainant added, “He knows I am deathly scared of knifes.” [Sic.]

Complaining of the lack of specificity concerning when the alleged incidents of sexual abuse took place, defendant moved before trial to quash the information. The trial court in response reduced the charges to a single count of CSC III involving vaginal penetration, a single count of CSC III based on oral penetration, and a single count of assault based on the knife incident. The trial court denied a motion made at the close of the prosecutor’s proofs for a directed verdict predicated on that lack of specificity.

On appeal, defendant argues that the trial court erred in proceeding with the case in light of complainant’s inability to specify distinct times for her numerous allegations of sexual aggression, and also that the trial court erred in scoring an offense variable to reflect prolonged pain or humiliation.

I. Specificity
A trial court’s decision concerning the degree of specificity required of criminal charges is reviewed for an abuse of discretion. People v Naugle, 152 Mich App 227, 233; 393 NW2d 352 (1986).

MCL 767.45(1)(b) requires that a criminal indictment or information contain “[t]he time of the offense as near as may be,” while further providing that “[n]o variance as to time shall be fatal unless time is of the essence of the offense.” This Court has held that “time is not of the essence in criminal sexual conduct cases . . . .” People v Stricklin, 162 Mich App 623, 635; 413 NW2d 457 (1987). Accordingly, CSC cases may proceed where the best the victim can do is to describe in general terms repeated sexual abuse taking place over several weeks or months. See id. at 634-635.

Defendant points out that the case law allowing CSC prosecutions notwithstanding the
victim’s inability to match acts to dates with great specificity involved child victims, and suggests that such an approach is appropriate for child victims only. We disagree. An adult victim of repeated sexual misconduct, taking place over significant time in the context of a close relationship, may also not be able to differentiate the multitude of unlawful acts with great clarity, and to catalogue them on a day-by-day basis, when speaking to the police years after the fact.

In addition, the trial court properly avoided the possibility of defendant’s being convicted of multiple counts on the basis of evidence that poorly distinguished between multiple offenses by reducing the charges to three reflecting distinct factual theories—one each of forced vaginal penetration, forced oral penetration, and assault with a knife.

We further note that the nature of the allegations against which defendant would be obliged to defend was made plain to defendant, that the prosecuting attorney endeavored to narrow the time frame involved as best as could be achieved, and that defendant does not explain how his defense might have been otherwise changed had specific acts been ascribed to specific dates. See Stricklin, supra at 633-634; Naugle, supra at 233-234.

Defendant argues that the lack of specificity in this instance exposes him to successive prosecutions for what could be the same alleged conduct, in violation of double jeopardy principles. However, any such argument is premature unless and until such a successive prosecution occurs. Only in the event of such a development would it become necessary to compare the instant proceedings with the new ones to determine whether defendant was being subjected to multiple prosecutions for the same criminal allegations.

For these reasons, we conclude that the trial court did not abuse its discretion in allowing this case to go forward despite complainant’s inability more closely to narrow the possible dates of the assaultive conduct of which she complained.

II. Offense Variable 7
The trial court scored offense variable (OV) 7, which addresses aggravated physical abuse, at 50 points, the amount prescribed where the offender treated the victim “with sadism, torture, or excessive brutality or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense . . . .” MCL 777.37(1)(a). Subsection (3) of that statute in turn defines “sadism” as “conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender’s gratification.”
Defendant objected at sentencing, but the trial court stated, “based on the victim’s
testimony I’m satisfied that . . . the objected to Offense Variable[ was] correctly scored by the Court, and is substantiated by the testimony that the victim gave during the course of the trial.” (4/4/08 sentencing transcript, p 4.)

“This Court reviews a sentencing court’s scoring decision to determine whether the trial court properly exercised its discretion and whether the record evidence adequately supports a particular score.” People v McLaughlin, 258 Mich App 635, 671; 672 NW2d 860 (2003). However, to the extent that a scoring issue calls for statutory interpretation, review is de novo. Id.

Defendant emphasizes that the knife attack stemmed from the assault charge, not the CSC allegations, and suggests that it thus could not be used as a factor in scoring the CSC offenses.
However, the trial court made clear that the scoring decision was based on complainant’s testimony generally, not just the knife incident. The evidence that defendant engaged in a prolonged pattern of sexual abuse, which routinely involved choking complainant, pulling her hair, and subjecting her to abusive language, well supported the conclusion that defendant had treated complainant with conduct “designed to substantially increase the fear and anxiety,” or subjecting her to “extreme or prolonged . . . humiliation . . . inflicted to produce suffering or for the offender’s gratification.” That a knife threat eventually capped this campaign of intimidation and humiliation indicates neither that a fact from one offense was erroneously scored for another, nor that the trial court overly relied on that single evidentiary particular in reaching its scoring decision.

For these reasons, we conclude that the evidence well supported the trial court’s decision to score OV 7 at 50 points.
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Michael J. Talbot
/s/ Douglas B. Shapiro

MIOIDV. Renee' Harrington. Michigan Officer Involved Domestic Violence.

05012008 - Deputy Kevin Haan - Pleaded - DV - Allegan County SD

Also See:

Deputy Kevin Haan charged with DUI [March 28, 2008] http://michiganoidv.blogspot.com/2008/03/deputy-kevin-haan-allegan-co-sd_28.html

MUSKEGON, Mich. (WOOD) - A former sheriff's deputy faces multiple charges after allegedly leading police on a chase and crashing into an old school building while drunk.

Kevin Jay Haan crashed his vehicle into a former Orchard View School building near Apple Avenue and Dangl Road Monday afternoon.

Haan, 47, now faces charges of third-degree fleeing and eluding, operating while intoxicated (third offense) and resisting and obstructing, according to the Muskegon County Prosecutor's Office.

Authorities say a half-empty bottle of vodka was found in the crashed truck. The resisting police charge was because of his actions after the crash.

A woman whose vehicle Haan allegedly hit during the chase told 24 Hour News 8 Tuesday evening that she's "disappointed" a former law enforcement officer would behave recklessly and try to run from police.

His previous drunk driving convictions were in 2008 and 2010, according to the Prosecutor's Office.

In 2008, Haan resigned from the Allegan County Sheriff's Department after 18 years on the force. He had been arrested three times in March of that year for threatening his wife over the phone, violating bond, and drunk driving.

He pleaded guilty in May 2008 to misdemeanor malicious use of a telecommunications device and operating while impaired, according to state records.

He also pleaded guilty to misdemeanor domestic violence after a May 2008 incident.

Haan was arrested again in October 2008 in Kent County for operating while intoxicated, to which he also pleaded guilty.

05012008 - Deputy Kevin Haan - Sentenced DUI - Allegan County SD

Also See:

Deputy Kevin Haan charged with DUI [March 28, 2008] http://michiganoidv.blogspot.com/2008/03/deputy-kevin-haan-allegan-co-sd_28.html

MUSKEGON, Mich. (WOOD) - A former sheriff's deputy faces multiple charges after allegedly leading police on a chase and crashing into an old school building while drunk.

Kevin Jay Haan crashed his vehicle into a former Orchard View School building near Apple Avenue and Dangl Road Monday afternoon.

Haan, 47, now faces charges of third-degree fleeing and eluding, operating while intoxicated (third offense) and resisting and obstructing, according to the Muskegon County Prosecutor's Office.

Authorities say a half-empty bottle of vodka was found in the crashed truck. The resisting police charge was because of his actions after the crash.

A woman whose vehicle Haan allegedly hit during the chase told 24 Hour News 8 Tuesday evening that she's "disappointed" a former law enforcement officer would behave recklessly and try to run from police.

His previous drunk driving convictions were in 2008 and 2010, according to the Prosecutor's Office.

In 2008, Haan resigned from the Allegan County Sheriff's Department after 18 years on the force. He had been arrested three times in March of that year for threatening his wife over the phone, violating bond, and drunk driving.

He pleaded guilty in May 2008 to misdemeanor malicious use of a telecommunications device and operating while impaired, according to state records.

He also pleaded guilty to misdemeanor domestic violence after a May 2008 incident.

Haan was arrested again in October 2008 in Kent County for operating while intoxicated, to which he also pleaded guilty.