Also See:
Tuesday, September 30, 2008
Monday, September 29, 2008
09292008 - Deputy Craig Baker - CSC Dismissed - Benzie County SD
Also See:
Deputy Craig Baker charged with CSC [April 01, 2008]
Judge dismisses charge against sergeant
September 29, 2008
By ART BUKOWSKI
The Record-Eagle
http://webcache.googleusercontent.com/search?q=cache:S-ryu338tGcJ:record-eagle.com/local/x75060936/Judge-dismisses-charge-against-sergeant/print+&cd=6&hl=en&ct=clnk&gl=us
BEULAH -- A fired Benzie County corrections sergeant might try to get his job back after a judge dismissed a criminal sex charge against him.
Benzie Circuit Judge James Batzer on Friday dismissed a single count of fourth-degree criminal sexual conduct against Craig Baker. Baker was suspended in April and later fired after allegations surfaced that he sexually assaulted a teen girl.
But the alleged victim said she lied about the incident in a signed affidavit, court filings show. Batzer granted a motion, made by defense attorney Brett Naumcheff, to dismiss the case based on lack of evidence.
The Benzie sheriff's department asked Michigan State Police for an investigation after hearing Baker allegedly assaulted the girl, then 14, at his residence during the winter of 2005. State police arrested Baker in April, and he was immediately suspended. A week later he was fired.
Baker was fired based on statements he made to state police and sheriff's administrators, Undersheriff Rory Heckman said.
Baker, 37, worked for the department since 1997. He couldn't be reached for comment, and Naumcheff didn't return calls for comment.
The department will defend its firing of Baker if he files a grievance seeking re-employment, despite Batzer's decision, Heckman said.
"We're convinced something still occurred," he said.
The sheriff's department expects Baker will try to get his job back, Heckman said.
Police Officers Association of Michigan representative Pat Spidell had yet to speak with Baker and wasn't sure if the union will work to get the job back, he said.
"We've got to review the court case and some other issues in our office before we make a determination," he said.
Benzie deputy suspended amid CSC charges
Court bailiff accused of sexually assaulting woman
By ALEX PIAZZA
The Record Eagle
Fri Apr 16, 2010, 07:55 AM EDT
http://record-eagle.com/friday/x2074892830/Benzie-deputy-suspended-amid-CSC-charges/print
BEULAH -- Benzie Sheriff Rory Heckman suspended one of his deputies without pay after police said he twice sexually assaulted a woman.
Authorities this week charged Richard "Rick" Lee Zych, 52, of Honor, with two counts of fourth-degree criminal sexual conduct. The high-court misdemeanor charge is punishable by up to two years in prison and/or $500.
He "engaged in non-consensual sexual contact" with a woman "by using force and coercion" on two occasions last year, court records show. The woman was an acquaintance, but they weren't in a relationship, Heckman said.
Zych, a court bailiff who's worked for the department since 1997, was suspended on Wednesday without pay or benefits. His arraignment is scheduled for April 22 in 85th District Court.
A union representing Zych filed a grievance on Thursday, contending the sheriff's department wrongfully suspended him without pay.
"He obviously hasn't been afforded his due process rights to defend himself," said Pat Spidell, a Police Officers Association of Michigan representative.
Heckman said he'll respond to the grievance soon.
The sheriff's department in December suspended Zych with pay pending a Michigan State Police investigation. Zych was required to call the department twice a day while on paid suspension, but because Heckman on Wednesday stripped him of his pay and benefits, he no longer has to check in. He did not return a call for comment.
Zych is the most recent Benzie County sheriff's deputy charged with sexual assault.
The sheriff's department two years ago fired Craig Baker, a corrections sergeant, after allegations surfaced that he sexually assaulted a girl, then 14, in 2005. A judge dismissed the case because the alleged victim said she lied about the incident, but Heckman refused to reinstate Baker.
At least two other Benzie officers this decade were convicted on sexual assault charges.
Heckman said the department must continue to conduct thorough background checks to ensure similar incidents don't occur. The sheriff's department requires its deputies, both for corrections and road patrol, to undergo a psychological examination before they're hired.
"Those weren't always done in the past," Heckman said. "It's a necessary piece of the puzzle.
The more eyes you have looking at it, it's going to help you."
Sunday, September 28, 2008
09282008 - Firefighter Joel Abernathy - Sterling Heights FD
Firefighter accused of assault at bar
DEANNA ROSE
Source Staff Writer
PUBLISHED: Sunday, October 5, 2008
http://www.sourcenewspapers.com/stories/100508/loc_story4001.shtml
A Sterling Heights firefighter was arrested for allegedly hitting a woman with his gun while at a bar after arguing with his wife, witnesses said.
Harper Woods Police Chief Randolph Skotarczyk said St. Clair Shores resident Joel Abernathy, 44, was arrested following the incident, which occurred at 9 p.m. on Sept. 29 at the Ugly Duckling, 20912 Harper Ave., north of 8 Mile Road in Harper Woods.
Police received a call about a man inside the bar, wearing a firefighter’s uniform, who reportedly pointed a .45-caliber handgun at a woman. Skotarczyk said the man was gone by the time police arrived.
The barmaid told police the man was a known person who frequented the bar and he was seen leaving the establishment after arguing with his wife. Forty minutes later, the witness reported, the man returned and was dressed in a firefighter’s uniform.
Skotarczyk said the man then approached a woman and hit her in the back of her head with a gun, then demanded his keys from the barmaid. He grabbed the purse of his wife - who was playing pool - and dumped out its contents so he could get his keys, then left in a black SUV.
Since he was a known customer at the bar and had used a credit card there, police were able to obtain Abernathy’s address and went to his house. Skotarczyk said Abernathy was not home at that time, but his wife was. She told police he did not hurt her.
Police located Abernathy’s vehicle a short time later at Eastlawn and Salisbury streets in St. Clair Shores, and found Abernathy walking nearby, where they arrested him. He had no handgun on him, but police did locate a 9mm bullet in his pocket
Skotarczyk said he had no information about Abernathy’s blood-alcohol content, but that alcohol and drugs did not seem to be factors in the incident. He also said Abernathy had no prior incidents on his record.
“This appears to be very out of character,” Skotarczyk said.
Warrants were obtained from the Wayne County Prosecutor’s Office, and Abernathy was charged with felonious assault and felony firearm possession on Sept. 30. His bond was set at $10,000 and Skotarczyk said he remains in custody at the Harper Woods Police Department. A preliminary exam has not been set.
Sterling Heights Fire Chief Steve Kovalcik could not be reached for comment.
St. Clair Shores: Firefighter faces charges
Thursday, October 2, 2008DEANNA ROSE
Source Staff Writer
PUBLISHED: Sunday, October 5, 2008
http://www.sourcenewspapers.com/stories/100508/loc_story4001.shtml
A Sterling Heights firefighter was arrested for allegedly hitting a woman with his gun while at a bar after arguing with his wife, witnesses said.
Harper Woods Police Chief Randolph Skotarczyk said St. Clair Shores resident Joel Abernathy, 44, was arrested following the incident, which occurred at 9 p.m. on Sept. 29 at the Ugly Duckling, 20912 Harper Ave., north of 8 Mile Road in Harper Woods.
Police received a call about a man inside the bar, wearing a firefighter’s uniform, who reportedly pointed a .45-caliber handgun at a woman. Skotarczyk said the man was gone by the time police arrived.
The barmaid told police the man was a known person who frequented the bar and he was seen leaving the establishment after arguing with his wife. Forty minutes later, the witness reported, the man returned and was dressed in a firefighter’s uniform.
Skotarczyk said the man then approached a woman and hit her in the back of her head with a gun, then demanded his keys from the barmaid. He grabbed the purse of his wife - who was playing pool - and dumped out its contents so he could get his keys, then left in a black SUV.
Since he was a known customer at the bar and had used a credit card there, police were able to obtain Abernathy’s address and went to his house. Skotarczyk said Abernathy was not home at that time, but his wife was. She told police he did not hurt her.
Police located Abernathy’s vehicle a short time later at Eastlawn and Salisbury streets in St. Clair Shores, and found Abernathy walking nearby, where they arrested him. He had no handgun on him, but police did locate a 9mm bullet in his pocket
Skotarczyk said he had no information about Abernathy’s blood-alcohol content, but that alcohol and drugs did not seem to be factors in the incident. He also said Abernathy had no prior incidents on his record.
“This appears to be very out of character,” Skotarczyk said.
Warrants were obtained from the Wayne County Prosecutor’s Office, and Abernathy was charged with felonious assault and felony firearm possession on Sept. 30. His bond was set at $10,000 and Skotarczyk said he remains in custody at the Harper Woods Police Department. A preliminary exam has not been set.
Sterling Heights Fire Chief Steve Kovalcik could not be reached for comment.
St. Clair Shores: Firefighter faces charges
Macomb briefs
http://www.detnews.com/apps/pbcs.dll/article?AID=/20081002/METRO03/810020394/1409/METRO
A Sterling Heights firefighter accused of hitting a woman in the head with the barrel of a gun in a Harper Woods bar on Sunday has been charged with felonious assault and carrying a weapon without a permit. Joel Eric Abernathy, 44, of St. Clair Shores was arraigned in 32-A District Court in Harper Woods on Tuesday and was released from jail on bond Wednesday, Harper Woods Police Chief Randolph A. Skotarczyk said. He was placed on leave from his job.
Police say Abernathy got into an argument with his wife at the Ugly Duckling Saloon on Harper near Eight Mile. Police allege Abernathy left the bar, went home, changed into his firefighter's uniform and returned to the bar. He mistook a waitress for his wife, hit her in the back of the head with the gun and demanded his car keys, Skotarczyk said.
HARPER WOODS: Firefighter arraigned in bartender incident
Wayne County news briefs:
OCTOBER 1, 2008
http://www.freep.com/apps/pbcs.dll/article?AID=/20081001/NEWS02/810010348/
A Sterling Heights firefighter was arraigned Tuesday, accused of hitting a bartender in the back of the head with a handgun when he was wearing his dress uniform, Harper Woods Police Chief Randolph Skotarczyk said.
Joel Abernathy, 44, of St. Clair Shores is charged with one count each of felonious assault and a firearms offense in the incident about 9 p.m. Sunday at the Ugly Duckling Saloon on Harper. He was being held in the city lockup pending 10% of a $10,000 bond after arraignment in 32A District Court in Harper Woods, Skotarczyk said.
Abernathy is on administrative leave. Whether he will be on leave with or without pay is under review.
Michigan Firefighter Cracks Up
Fire Geezer on 01 Oct 2008 10:40 am
http://firegeezer.com/2008/10/01/michigan-firefighter-cracks-up/
A STERLING HEIGHTS, MICHIGAN, FIREFIGHTER HAS BEEN taken into custody by police following a bizarre incident Sunday night. Joel Abernathy, 44, was arraigned Monday and charged with felonious assault and a firearms offense after an altercation with his wife and an off-duty bartender.
Abernathy and his wife were patrons at the Ugly Duckling bar in nearby Harper Woods when they got into an argument. He then stormed out of the bar, but returned 40 minutes later suddenly clothed in his fire department dress uniform and carrying a large handgun.
While he was gone, his wife moved to another area in the bar to play a game of pool. When Abernathy returned he mistook another woman sitting at the bar, an off-duty employee, for his wife and accosted her with the gun. Holding the gun to her head, he demanded that she “give me the keys!” After realizing his mistake, he sought out his wife in the bar, grabbed her purse and left.
When the police arrived, other patrons identified him and his credit card receipt confirmed it. Driving to his house, they found him walking along the street and arrested him.
Police: Firefighter Threatens Woman At BarFirefighter Mistakes Waitress For Wife
POSTED: 8:02 am EDT October 1, 2008
UPDATED: 12:34 pm EDT October 1, 2008
http://www.clickondetroit.com/news/17596456/detail.html
HARPER WOODS, Mich. -- A Sterling Heights firefighter was taken into police custody after he allegedly threatened a woman he thought was his wife at a local bar.
Police said the firefighter, Joel Abernathy, was inside the Ugly Duckling bar in Harper Woods when he pulled out a gun and pointed it at the back of a woman's head.
Police Chief Randolph Skotarczyk said it appeared Abernathy was going to confront his wife, who was near the entrance playing pool, but mistakenly confronted another woman he thought was his wife.
The other woman was an off-duty waitress.
"He put the gun up to the back of her head and demanded the keys. She said, 'I don't have the keys,'" said Skotarczyk.
He noticed his mistake, found his wife, and took her purse and left, Skotarczyk said.
Customers identified Abernathy to the police, who went to his home and found him.
Abernathy has been a firefighter for Sterling Heights for the past 12 years.
He has been placed on administrative leave.
The woman was not injured.
Abernathy remains in police custody.
Investigators said Abernathy told them he threw the gun in a trashcan as he walked home.
Uniformed Firefighter Holds Gun To Woman's Head
Man Mistakes Waitress For Wife
POSTED: 10:30 pm EDT September 30, 2008
UPDATED: 11:19 pm EDT September 30, 2008
http://www.clickondetroit.com/news/17594955/detail.html
A Sterling Heights firefighter is accused of holding a gun to the head of a woman in a bar, mistaking her for his wife.
Harper Woods Police said Joel Abernathy and his wife got into an argument at the Ugly Duckling Bar on Harper Monday night.
Witnesses said he left the bar and returned 40 minutes later armed and dressed in his formal uniform with patches.
“It’s like something you see on TV or in the movies,” a witness identified only as Geoff said “A gentlemen a regular came in with what seemed like a large .45 caliber semi-auto handgun.”
Investigators said Abernathy’s wife had been sitting at the bar but moved to play pool when Abernathy had left.
Police said Abernathy walked up to the bar, put the gun to the woman’s head and demanded she give him keys.
The woman, an off-duty waitress who works at the bar, was no hurt.
Witnesses said when Abernathy realized the woman was not wife, he combed the bar for her, grabbed her purse and took off.
Police said witnesses in the bar were able to identify Abernathy and authorities arrested him at his home in St. Clair Shores.
“They located him walking down the street, he was arrested,” said Chief Randolph Skotarczyk Harper Woods Police Department.
Abernathy has worked for the Sterling Heights Fire Department for 12 years and has been placed on administrative leave.
Police have not recovered the gun Abernathy used. Police said they believe he discarded it after the incident.
Sterling Heights firefighter accused of hitting bartender with gun
By CHRISTINA HALL •
FREE PRESS STAFF WRITER •
September 30, 2008
http://www.freep.com/apps/pbcs.dll/article?AID=/20080930/NEWS04/80930114
A Sterling Heights firefighter was arraigned today, accused of hitting a bartender in the back of the head with a handgun when he was wearing his dress uniform, Harper Woods Police Chief Randolph Skotarczyk said.
Joel Abernathy, 44, of St. Clair Shores is charged with one count each of felonious assault and a firearms offense in the incident about 9 p.m. Sunday at the Ugly Duckling Saloon on Harper. He was being held in the city lockup pending 10% of a $10,000 bond after arraignment in 32A District Court in Harper Woods, Skotarczyk said.
Abernathy is on administrative leave pending criminal and internal investigations. Whether he will be on leave with or without pay is under review.
Police said Abernathy got into an argument with his wife, left the bar and returned about 40 minutes later in his dress uniform and armed with a handgun. He is accused of hitting a bartender in the back of the head with the gun and demanding keys, which the bartender did not have. He then left in a sport-utility vehicle.
Police located Abernathy’s home through his credit card, which he used at the bar. They found the SUV in the area of Eastlawn and Salisbury in St. Clair Shores and saw Abernathy walking down the street, still wearing part of his uniform. The rest of the uniform was in the SUV, Skotarczyk said.
He said Abernathy was cooperative with officers, who found a 9 mm bullet in his pants pocket. They have not found the gun, but said it might have been thrown into the garbage.
09282008 - Officer David Cobb - Suicide - Detroit PD
KIMBERLY P. MITCHELL/Detroit Free PressDisplaying a photo of the late Rose Cobb are her family members, clockwise from left, Adrian Gary, 34; Taneeka Gary, 35; Sheryl Gary, 54, and Elizabeth Haygood, 50, all of Detroit. They believe her husband's family is in denial over his role in her killing.
Links to news articles on Officer David Cobb found hanged:
Links to news articles Rose Cobb's murder and the murder investigation:
http://michiganoidv.blogspot.com/2008/04/in-memory-of-rose-cobb.html
http://michiganoidv.blogspot.com/2007/12/officer-david-cobb-detroit-pd-421-42208.html
http://michiganoidv.blogspot.com/2007/12/officer-david-cobb-april-23-2008-news.html
http://michiganoidv.blogspot.com/2007/12/unsolved-murder-of-ross-cobb-wife-of.html
http://michiganoidv.blogspot.com/2007/12/officer-david-cobb-detroit-pd-42408.html
http://michiganoidv.blogspot.com/2008/05/officer-david-cobbs-solicitation-of-sex.html
http://michiganoidv.blogspot.com/2007/12/officer-david-cobbs-suspension-for.html
http://michiganoidv.blogspot.com/2007/12/officer-david-cobb-detroit-pd-421-42208.html
http://michiganoidv.blogspot.com/2007/12/officer-david-cobb-april-23-2008-news.html
http://michiganoidv.blogspot.com/2007/12/unsolved-murder-of-ross-cobb-wife-of.html
http://michiganoidv.blogspot.com/2007/12/officer-david-cobb-detroit-pd-42408.html
http://michiganoidv.blogspot.com/2008/05/officer-david-cobbs-solicitation-of-sex.html
http://michiganoidv.blogspot.com/2007/12/officer-david-cobbs-suspension-for.html
Wednesday, September 24, 2008
09242008 - Officer Kenneth Pappas - Charges Dropped - Sterling Heights PD
Also See:
Sterling Heights Officer Kenneth Pappas charged with domestic violence [Aug. 23, 2008]
Domestic violence charges dropped against officer
By DEANNA ROSE
Source Staff Writer
PUBLISHED: Sunday, October 5, 2008
http://www.sourcenewspapers.com/stories/100508/loc_story1001.shtml
A judge dismissed a domestic violence charge against a Sterling Heights police officer accused of engaging in a physical altercation with his wife, after the alleged victim and another witness failed to show up in court for the trial.
Kenneth Pappas, 34, was placed on routine paid administrative leave after his arrest at his Macomb Township home on Aug. 24, but was reinstated after the dismissal by Judge Douglas Shepherd at 41-A District Court in Shelby Township on Sept. 29.
Macomb County assistant prosecutor Erika Breitfeld told Shepherd that the prosecution had reluctant witnesses in Pappas’ wife, Kelly Pappas, and an eyewitness, and asked for an adjournment to a later date.
David Griem, Pappas’ attorney, asked Shepherd that the charges against Pappas be dismissed because Kelly Pappas was not in the courtroom.
Shepherd sided with Pappas and dismissed the charges, but told the prosecution he would grant reauthorization of the case if the victim brought charges.
Griem said Kelly Pappas did not show up because she did not want to press charges against her husband, from whom she is separated, and that it was the Macomb County Sheriff’s Department who brought the charges following the August incident. Deputies arrested Kenneth Pappas after responding to a domestic violence call at the home where Kelly Pappas is currently living.
“Kelly Pappas made it crystal clear twice in the police report that she did not want to prosecute,” Griem said. “Many times in cases like this, once the anger has subsided the case turns out to be something very different from what was first described to police, when one or both of the individuals were under the influence of their emotions.”
Griem said Kenneth Pappas and Kelly Pappas wanted the no-contact stipulation removed so the two could spend time at their child’s birthday party the following weekend. The couple has three children, ages 6, 8 and 10.
“Their only concern is the well-being of their three children. They both want to be the best parents they can possibly be,” Griem said. “When one speaks from their heart, many times things don’t come out the way they should. Both Kelly and Ken want to put this behind them.”
Griem said it was his understanding that Kelly Pappas was not in court that day because she was attending a field trip with their 6-year-old child.
Sterling Heights Police Lt. Robert Henigan said Pappas was able to return to work after the charge was dismissed, but an administrative investigation is ongoing with regard to any violation of department rules.
Tuesday, September 23, 2008
09232008-- Former Officer Phillip Bal - Appeal COA 280601 - OPINION - Conviction Affirmed - Iron Mountain PD
Also See:
1995 - Officer Phillip Bal - CSC allegation - Iron Mountain PD
04012004 - Officer Phillip Bal - Home invasion and CSC - Iron Mountain PD
04012005 - Officer Phillip Bal - CSC - Iron Mountain PD
04212006 - Officer Phillip Bal - CSC - Iron Mountain PD
04222006 - Officer Phillip Bal - Suspended - Iron Mountain PD
07112006 - Officer Phillip Bal - Terminated - Iron Mountain PD
08152007 - Former Officer Phillip Bal - Appeal Filed - COA 280009 - Iron Mountain PD
09172007 - Former Officer Phillip Bal - Appeal Filed - COA 280601 - Iron Mountain PD
10182007 - Former Officer Phillip Bal - COA Appeal 280009 - Dismissed - Iron Mountain PD
11082007 - Former Officer Phillip Bal - LE license revoked - Iron Mountain PD
05242020 - Former Officer Phillip Bal - Released From Prison - Iron Mountain PD
05242020 - Former Officer Phillip Bal - Registered Sex Offender - Iron Mountain PD
Thursday, September 18, 2008
09182008 - Officer Keith Walker - Suspension - Detroit PD
On September 18, 2008, Detroit Police Officer Keith Walker was suspended from the department for his Setember 13th arrest for domestic violence.
Also See:
Officer Keith Walker charged with domestic violence [Sept. 13, 2008]
Saturday, September 13, 2008
09132008 - Officer Keith Walker - Detroit PD
Detroit Police Officer Keith Walker
Original Charge: felonious assault / domestic violence and assault and battery / domestic violence. [September 13, 2008]
Sentence: ????
Original Charge: felonious assault / domestic violence and assault and battery / domestic violence. [September 13, 2008]
Sentence: ????
Thursday, September 11, 2008
09112008 - Undersheriff Bruce Gualtiere - Acquitted - Kalkaska County SD
Also See:
Kalkaska Undersheriff Bruce Gualtiere charged with domestic violence
[ June 28, 2008]
http://michiganoidv.blogspot.com/2008/06/undersheriff-bruce-gualtiere-kalkaska.html
[ June 28, 2008]
http://michiganoidv.blogspot.com/2008/06/undersheriff-bruce-gualtiere-kalkaska.html
Kalkaska undersheriff returns to duty after cleared of domestic violence charge
by The Grand Rapids Press
Friday September 12, 2008, 6:24 PM
KALKASKA COUNTY
http://www.mlive.com/grpress/news/index.ssf/2008/09/kalkaska_undersheriff_returns.html
-- Undersheriff Bruce Gualtiere returned to work Friday after he was cleared of a misdemeanor domestic violence charge alleging he assaulted his 17-year-old stepson by pushing him into a garage door.
Gualtiere had been on administrative leave since the June 28 complaint was filed. Sheriff Bill Artress said the system worked and that a jury, which found Gualtiere not guilty on Thursday, came to the right conclusion.
Sheriff William Artress announced on Friday that the case was closed and Gualtiere would be returning to work on Friday.WPBN News, Michigan
Friday, September 12, 2008 at 11:54 a.m.
http://upnorthweather.com/news/news_story.aspx?id=190071
Kalkaska County's Undersheriff is found not guilty in an assault case involving his step son.
The trial for Bruce Gualtiere took place Thursday in Grand Traverse County.
Investigators say on June 28th the Undersheriff had an argument with his 17- year- old step son that led to what was called "a small pushing and shoving incident."
Gualtiere was on paid leave pending the outcome of the trial. Sheriff William Artress announced on Friday that the case was closed and Gualtiere would be returning to work on Friday.
KALKASKA COUNTY UNDERSHERIFF CLEARED ON ALL CHARGES
WWUP News, Michigan
Posted: 9/12/2008
http://www.9and10news.com/category/story/?id=142196
Kalkaska County Undersheriff Bruce Gualtiere will be headed back to work after a Grand Traverse County jury found him not guilty on assault charges.
Gualtiere was charged for an alleged dispute with his stepson back in June.
Since the incident, Gualtiere was placed on paid suspension from his job at the Kalkaska Sheriff's Department.
We'll have more on this story coming up on 9 &10 News at five and six..
Monday, September 8, 2008
09082008 - Officer David Essad - Sentenced - Shelby Township PD
Also See:
Officer David Essad charged with felonious assault and domestic violence [April 12, 2008]
Officer David Essad : Assaulted wife And
broke her nose
ORIGINAL CHARGES: FELONIOUS ASSAULT; AND AGGRAVATED DOMESTIC VIOLENCE. PLED DOWN TO AGGRAVATED MISDEMEANOR ASSAULT
CURRENT STATUS: PROBATIONER
LOCATION: OAKLAND/TROY/PROBATION
SECURITY LEVEL:
SUPERVISION BEGIN DATE: 09/09/2008
SUPERVISION DISCHARGE DATE: 09/09/2010
SENTENCE 1:
OFFENSE: DOMESTIC VIOLENCE-AGGRAVATEDMCL #: 750.81A2
COURT FILE # : 08220733-FH
COUNTY: OAKLAND
CONVICTION TYPE: PLEA
MINIMUM SENTENCE:
MAXIMUM SENTENCE: 2 YEARS 0 MONTHS
DATE OF OFFENSE: 04/12/2008
DATE OF SENTENCE: 09/08/2008
SENTENCE 2:
OFFENSE: DOMESTIC VIOLENCE- AGGRAVATED
MCL #: 750.81A2
COURT FILE # : 08220733-FH
COUNTY: OAKLAND
CONVICTION TYPE: PLEA
MINIMUM SENTENCE:
MAXIMUM SENTENCE: 2 YEARS
DATE OF OFFENSE: 04/12/2008
DATE OF SENTENCE: 09/09/2008
SUPERVISION CONDITIONS:
01-NO VIOLATIONS OF ANY CRIMINAL LAW
02-NOT LEAVE STATE W/O PERMISSION
02.0-NOT USE/POSSESS ALCOHOL OR INTOXICANTS
02.1-ALCOHOL TESTING
02.2-DRUG TESTING
02.4-NOT USE OF HAVE ANY CONTROLLED SUBSTANCES OR DRUG ITEMS
02.8-OUTPATIENT SUBSTANCE ABUSE TREATMENT
03-MONTHLY REPORTING
03.3-APPLY TO MENTAL HEALTH TREATMENT PROGRAM
03.4-MUST ATTEND PROGRAMS REQUIRED
04-NOTIFY OF CHANGE OF RESIDENCE
04.18-BEHAVIOR
04.20-NOT OWN OR POSSESS WEAPONS
06.4-MAINTAIN EMPLOYMENT OF AT LEAST 30 HOURS PER WEEK
08.0-SERVE JAIL TIME AS DESCRIBED
08.2-PAY A CRIME VICTIM’S ASSESSMENT
08.3-PAY SUPERVISION FEE PURSUANT TO PA 185 OF 1993
08.4-PAY COURT COST
08.11-ASSIGNMENT OF WAGES UNTIL ORDERED ASSESSMENTS ARE PAID
08.18-STATE COSTS
Former cop gets probation in assault trial
By CHRIS WILLIAMS
Source Staff Writer
PUBLISHED: Sunday, September 14, 2008
http://www.sourcenewspapers.com/stories/091408/loc_story19001.shtml
A former Shelby Township police officer arrested last April for domestic violence has been sentenced to two years probation by an Oakland County Judge. The Honorable Shalina Kumar sentenced David Essad on two counts of aggravated domestic violence in Oakland County Circuit Court on Sept. 9. Essad had been arrested in Rochester in April after a fight with his wife resulted in her receiving a black eye, bruised lip, broken nose and a closed-head injury that was discovered later. Essad pleaded guilty to the charges in front of Kumar on Aug. 5.
Essad, an 8-year veteran of the Shelby Township Police Department, had initially been charged with felonious assault, which could have resulted in jail time, but the charges were lowered when his wife submitted a letter to the court stating that the situation was an isolated incident that happened because both she and Essad had been drinking.
Essad, who has been in alcohol treatment since the incident, briefly addressed Kumar at the sentencing.
“This unfortunate incident was a direct result of my abuse of alcohol,” he said. He informed Kumar that he and his wife are undergoing marital counseling, and said he will do what it takes to become an upstanding citizen.
Kumar agreed to sentence Essad to two years probation for each count. Kumar also ordered Essad to have no alcohol in his system, submit to alcohol and drug testing, and continue his participation in an alcohol treatment program. He is not to carry a firearm except for his employment; during the fight with his wife, he had taken his gun out of the holster and banged it on his car’s window.
Essad, who is currently working as a security guard, was terminated from his position with the police department June 16. Police Chief Robert Leman stated in a letter to Essad that his behavior on April 12 tarnished the reputation of the Shelby Township Police Department. With the charges lowered from a felony to misdemeanors, Essad will be able to appeal the termination through his union representative, said his lawyer, Jerome Sabbota.
“He would have to have a hearing in front of the union,” said Shelby Township Police Capt. Stephen Stanbury. “He has already filed a grievance, so that’s where it starts.”
Stanbury said Essad’s record with the police department was previously clear of any outstanding violations.
“He didn’t have anything egregious on there,” he said. “His record was pretty clean, but that’s really all I can say.”
Fired Shelby cop pleads guilty to misdemeanors
PUBLISHED: Friday, August 8, 2008
By Shaun Byron
Journal Register News Service
http://www.macombdaily.com/stories/080808/loc_local06.shtml
A former Shelby Township police officer could face jail time after pleading guilty to two counts of aggravated domestic violence and admitting assaulting his wife.
David Essad, 34, appeared Tuesday morning before Oakland County Circuit Court Judge Shalina Kumar on charges that he beat his wife, Julie Essad, and threatened to kill her while holding a gun last April. She has since filed for divorce.
David Essad had been charged with felonious assault with a gun, a 4-year felony, and aggravated domestic violence, a 1-year misdemeanor.
The Oakland County Prosecutor's Office made an agreement with his attorney, Jerome Sabbota, to amend the charges in exchange for a plea.
The prosecutor's office and Kumar also had received a letter from Julie Essad, stating David Essad had been complying with court-ordered treatment for alcohol abuse and has remained sober.
Kumar also granted requests to lift a no-contact order and cancel the tether, which were all part of his bond requirements.
David Essad will return before Kumar to be sentenced Sept. 9.
Essad has been fired from his job as a Shelby Township police officer. He has filed a grievance over the discharge and the issue is headed to arbitration.
In May, Julie Essad testified at a preliminary exam in 52-3 District Court that she and her husband had been at Gus O'Connor's in Rochester on April 11 to celebrate her birthday.
She told the court that David Essad drank heavily, became upset because she spoke to an ex-boyfriend, and began yelling and swearing at her in the car as she drove them home.
Julie Essad said he repeatedly pulled her hair and banged her head against the driver's side window.
She said she pulled into a parking lot, where David Essad continued to scream and bit her ear.
David Essad, she said, then brandished his gun and made threats to kill her.
Sabbota said if his client continues to abide by the court's requirements, he will be allowed to continue working as an officer because the felony charge was dropped.
David Essad, he said, is looking forward to settling the issue and continuing with his life
Officer accused of assault pleads guilty
By SHAUN BYRON
The Oakland Press
August 06, 2008
http://www.theoaklandpress.com/stories/080608/pol_20080806405.shtml
A former Shelby Township police officer could face jail time after pleading guilty to two counts of aggravated domestic violence and admitting to assaulting his wife.
David Essad, 34, appeared Tuesday morning before Oakland County Circuit Court Judge Shalina Kumar on charges that he beat his wife, Julie Essad, and threatened to kill her while holding a gun last April. She has since filed for divorce.
David Essad had been charged with felonious assault with a gun, a four-year felony, and aggravated domestic violence, a one-year misdemeanor.
The Oakland County Prosecutor's Office made an agreement with his attorney, Jerome Sabbota, to amend the charges in exchange for a plea.
The prosecutor's office and Kumar also had received a letter from Julie Essad, stating David Essad had been complying with court-ordered treatment for alcohol abuse and has remained sober.
Kumar also granted requests to lift a no-contact order and cancel the tether, which were all part of his bond requirements.
The requests were made by David Essad and included in his wife's letter.
David Essad will return before Kumar to be sentenced Sept. 9.
In May, Julie Essad testified at a preliminary exam in 52-3 District Court that she and her husband of 51Ú2 years had been at Gus O'Connor's in Rochester on April 11 to celebrate her birthday.
She told the court that David Essad drank heavily, became upset because she spoke to an ex-boyfriend, and began yelling and swearing at her in the car as they drove home.
Julie Essad said he repeatedly pulled her hair and banged her head against the driver's side window.
She said she pulled into a parking lot, where David Essad continued to scream and bit her ear.
David Essad, she said, then brandished his gun and making threats to kill her.
Sabbota said if his client continues to abide by the court's requirements, he will be allowed to continue working as an officer because the felony charge was dropped.
David Essad, he said, is looking forward to settling the issue and continuing with his life.
Michigan Officer Involved Domestic Violence
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