04172013 - Officer Jeff Smith - Acquitted - Eaton Rapids PD

Also See:

Eaton Rapids Officer Jeff Smith charged with domestic violence [Jan 15, 2013]

http://michiganoidv.blogspot.com/2013/01/officer-jeff-smith-charged-with-dv.html

At the trial for the domestic violence incident, Officer Jeff Smith admitted to pulling out his gun and holding it to his head! But the jurors found him not guilty of domestic violence...What were they thinking???

Sgt. Charged of Domestic Violence Found Not Guilty
Posted: Apr 17, 2013 10:37 AM CDT
Updated: Apr 17, 2013 4:15 PM CDT
By Maria Hechanova
http://www.wlns.com/story/22002288/closing-arguments-heard-from-former-sgt-charged-of-domestic-violence

MASON, Mich. (WLNS) - A jury found Sgt. Jeff Smith with Eaton County to be not guilty of charges for domestic violence.

Sgt. Jeff Smith, a sergeant with the Eaton Rapids Police Department was accused of physically harming his ex-wife last summer. The two were married at the time, but court records in Jackson County show they divorced late last year.

04122013 - Officer Dale Malesh - CSC - Warren PD [retired]

Also See:
Officer Dale Malesh preliminary hearing [May 2013] 

http://michiganoidv.blogspot.com/2013/05/officer-dale-malesh-preliminary-exam.html

Officer Dale Malesh sentenced - CSC - November 15, 2013 

http://michiganoidv.blogspot.com/2013/11/officer-dale-malesh-sentenced-csc.html

Retired police officer Dale Malesh was arraigned on two counts of 3rd-degree criminal sexual conduct. He is charged with having a sexual relationship with a student at the highschool where he has been a resource officer for the past 11 years.


The 16 year-old victim claims, that her relationship with officer Malesh was “completely consensual.”

Prosecutors are basing the 15-year felony they have charged Malesh with on state law that prohibits anyone from using their status to gain access to, or establish a relationship with, a student between 16 and 18 years of age.










Ex-Warren police officer pleads no contest to having sex with student
4:25 PM, October 8, 2013
Detroit Free Press
http://www.freep.com/article/20131008/NEWS04/310080116/

A retired Warren police officer accused of having a sexual relationship with a 16-year-old student who attended the school where he was a resource officer pleaded no contest today in Macomb County Circuit Court.

Dale Malesh, 62, pleaded no contest to 14 counts of third-degree criminal sexual conduct, a 15-year felony, on charges out of Warren and Roseville. He is to be sentenced Nov. 15 before Judge Mary Chrzanowski.

His attorney, Steve Kaplan, said Malesh had a "stellar record as a police officer" in Warren and with Sturgis police and was a friend of the family of the victim. Kaplan said the girl was bullied in eighth grade and Malesh intervened and squashed the bullying.

Kaplan said no sex acts were coerced. He said Malesh pleaded no contest "in case (the girl) or her family decided to sue years from now."

The charges involve the one student, with the sexual affair going on between December and March.

The incidents occurred at Malesh’s home in Warren and at Dooley Park in Roseville, authorities said.

Malesh was charged in April with having sexual relations with the Warren girl, who was a junior at Warren Woods-Tower High School in Warren, where Malesh was a school resource officer. He was charged in June with the crimes in Roseville.

Malesh retired from Warren police in January 2011 after 19 years with the department. He was in law enforcement for about 30 years, Warren Police Commissioner Jere Green said after Malesh’s arrest.

After Malesh retired, the school district kept him as a contract employee for the rest of that school year and through the end of the 2012 school year, Green said.

Previously, Green said Warren police received a complaint March 21 about a sexual relationship between the girl and Malesh. The girl came to police with her mother.

Investigators interviewed students and staff at the school in addition to gathering other information, such as text messages and Facebook information, Green said. Police searched Malesh’s house. Green didn’t say how long the relationship was going on, but said the acts did not occur at school.


 










Texts used in former Warren officer's sexual misconduct hearing
NORB FRANZ
Posted: 09/03/13, 10:22 PM EDT
The Oakland Press
http://www.theoaklandpress.com/general-news/20130703/texts-used-in-former-warren-officers-sexual-misconduct-hearing

Transcripts of text messages helped refresh a teenage girl's memory as she testified Wednesday in the case of a former Warren police officer charged with sexual misconduct.

The 16-year-old girl was led through some 308 pages of transcripts of text messages from her cell phone, many of them involving the 62-year-old man with whom she said she had consensual sex.

Dale Wayne Malesh, of Roseville, faces 10 counts of third-degree criminal sexual conduct in Roseville. At the start of Malesh's preliminary exam Wednesday in 39th District Court, the girl said she met Malesh while he still was a Warren police officer assigned as a school resource officer in the Warren Woods Public Schools.

The teen -- whose name is not being published by The Macomb Daily -- testified before Judge Marco Santia that Malesh began helping her after she was bullied at Warren Woods Middle School. That help continued at Warren Woods-Tower High School, where she recently completed her junior year.

The girl said she and Malesh became friends, and that she sent him a picture in June 2012 that included her, other students and Malesh.

She said he asked her to send another photo, so she provided a picture of herself at homecoming last October.

The teen testified that her relationship with Malesh turned sexual last December. She said they "sexted" or spoke daily and that she listed him in her phone as "My QT."

Directed by Macomb County Assistant Prosecutor Nicole Blank through the transcripts, the Warren girl confirmed 10 dates between last December and March in which she claimed she had intercourse with Malesh at his Roseville home or at a local motel.

The preliminary exam -- a probable-cause hearing to determine whether there is sufficient evidence for a defendant to stand trial -- was adjourned until July 24, when the principal of Warren Woods-Tower High School and a teacher are scheduled to testify.

The Macomb County Prosecutor's Office filed the Roseville charges against Malesh in June, after he was bound over to Macomb County Circuit Court on four counts of third-degree criminal sexual conduct in Warren. The offense is punishable by up to 15 years in prison.

The age of consent in Michigan is 16. Prosecutors have based their case against Malesh on a section of the state's criminal sexual conduct laws that prohibits a person from using his or her role as a contractual service provider or non-student volunteer to gain access to, or establish a relationship with, minors between ages 16 and 18 for sexual purposes.

Malesh remains in the Macomb County Jail on bonds totaling $650,000.

As a Warren police officer, he was assigned to the Warren Woods Public Schools as the district's school resource officer. Known to employees and students as "Officer Dale" and "O.D.," he held that post from September 1999 until his retirement from the force in January 2011.

School officials then hired him as security officer, in which he no longer had the power to make arrests. Malesh continued in that job until June 2012.




 









Former Warren school resource officer faces more sex charges
By NORB FRANZ
Macomb Daily Tribune
Posted: 06/12/13, 12:43 PM EDT
Updated: on 06/12/2013
http://www.dailytribune.com/article/DT/20130612/news01/130619861

A former Warren Woods Public Schools resource officer already awaiting trial on sexual misconduct charges now faces several more charges in a neighboring city.

Retired Warren police officer Dale Wayne Malesh, 62, was arraigned Wednesday in a Roseville courtroom on 10 counts of third-degree criminal sexual conduct. The offense is a felony punishable by up to 15 years in prison.

The charges stem from a relationship that police and prosecutors say he had with a 16-year-old girl.

Judge Marco Santia of the 39th District Court set bond for Malesh at $500,000 cash or surety. A preliminary hearing to determine whether the retired officer should stand trial is scheduled for June 19.

Malesh had already been held in the Macomb County Jail on $150,000 bond since April 12, when he was arrested at his home in Roseville and charged in Warren with third-degree criminal sexual conduct.

In a district court hearing in Warren last week, the teenager, who attends Warren Woods-Tower High School, testified she willingly engaged in sexual penetration with Malesh at her home in the city. Judge Dean Ausilio subsequently bound that case over to Macomb County Circuit Court, where Malesh faces four counts of third-degree criminal sexual conduct.

In the latest case, Malesh engaged in sexual penetration with the teenager last December, according to prosecutors and court records. Macomb County Prosecutor Eric Smith said the acts occurred at Malesh’s home and at Roseville’s Dooley Park.

"The facts of this case shock the conscience," Smith said. "This officer was assigned to protect these children, not prey on them."

As a Warren police officer, Malesh was assigned to the Warren Woods Public Schools as the district’s school resource officer. Known to employees and students as "Officer Dale" and "O.D.," he held that post from September 1999 until his retirement from the force in January 2011.

School officials then hired him as security officer, in which he no longer had the power to make arrests. Malesh continued in that job until June 2012.

The teen, who met Malesh during the course of his duties when she attended Warren Woods Middle School, said in April that the relationship was consensual.

The age of consent in Michigan is 16. Macomb County prosecutors have based their case against Malesh on a section of the state’s criminal sexual conduct laws that prohibits a person from using his or her role as a contractual service provider or non-student volunteer to gain access to, or establish a relationship with, minors between ages 16 and 18 for sexual purposes.

The teenager and her mother, whose names are not being published by The Macomb Daily, attended Malesh’s arraignment in Roseville. Following the brief hearing, they declined to comment on the latest charges.

"It’s a tough situation," the mother said.




 






Testimony against ex-cop facing sexual misconduct charges delayed
By Norb Franz
Posted: Tuesday, 04/23/13 12:17 pm
Updated: Tuesday, 04/23/13 03:58 pm
http://www.macombdaily.com/article/20130423/NEWS01/130429880/testimony-against-ex-cop-facing-sexual-misconduct-charges-delayed-(with-video)

A court hearing for a retired Warren police officer accused of having sex with a teenager who attends a local high school where he worked was postponed Tuesday because prosecutors only recently received copies of text messages.


The text messages retrieved from the cellphones belonging to the accused ex-officer, Dale Wayne Malesh, 62, and the 16-year-old girl, are key evidence in the case.

Malesh is charged with two counts of third-degree criminal sexual conduct, a felony punishable by up to 15 years in prison. He retired two years ago from the Warren Police Department, having spent the last 11 years of his career as a school resource officer at Warren Woods-Tower High School. After Malesh left the force, district officials kept him as a school security contractor.

Judge Dean Ausilio of the 37th District Court postponed Malesh’s preliminary exam at the request of Macomb County Assistant Prosecutor Nicole Blank, who explained that she had just received transcripts of text messages and needed time to review them and provide copies to Malesh’s lawyer.

Defense attorney Steven Kaplan asked the judge to reduce Malesh’s $150,000 cash or surety bond to a 10 percent bond. He insisted the retired law enforcer will show up for future court hearings and not jump bail.

“He’ll look you in the eye and say, ‘Judge Ausilio, I’m not going anywhere,” said Kaplan, a former longtime Macomb County assistant prosecutor.

Blank urged the judge to not reduce bond, saying Malesh — who also works as a firearms instructor — has an “enormous” amount of guns and has traveled extensively.

UPDATE:

Warren Police Officer Dale Malesh [retired]: April 13, 2013
Charged with two counts of 3rd-degree criminal sexual conduct.

http://michiganoidv.blogspot.com/2013/04/officer-dale-malesh-warren-pd-retired.html


Sturgis Police Officer Dale Malesh: July 29, 1986:
Charged with felonies for the killing / shooting of dogs.
http://michiganoidv.blogspot.com/1986/07/officer-dale-malesh-sturgis-pd.html







Policeman Charged with Shooting Dogs
The Argus- Press
Owosso, MI
Tuesday, July 29, 1986

Sturgis [AP] - A Sturgis police officer will face felony charges in the alleged shooting of four dogs early last month, officials said.

Dale Malesh, 35, is to be charged with malicious destruction of an animal, said Pat Fetherston, an investigator in the Cass County prosecutor's office.

The felony charge carries a maximum penalty of four years in prison and a $2,000 fine, Fetherston said Monday.

Sturgis Police Chief Eugene Alli demoted Malesh from sergeant to patrolman and suspended him without pay for five days last month after an investigation into the shootings of four dogs, two of which died, and the illnesses of two other dogs believed to have been poisoned.

The Cass County prosecutor's office was assigned to investigate the case by a circuit judge after the St. Joseph county prosecutor cited a potential conflict of interest.

Fetherston said Malesh's arraignment is pending.

 

Officer Is Placed Under Supervision

The Argus- Press
Owosso, MI
Thursday, August 14, 1986
Centerville [AP] - A suspended Sturgis police officer accused of shooting two dogs has been placed under supervision for a year after pleading no contest of a reduced charged.

Dale Malesh, 35, pleaded no contest Wednesday to careless use of a firearm resulting in injury to personal property, a misdemeanor. He had been charged with a felony, malicious destruction of an animal.

Under the no-contest plea, accepted by 3rd District Court Judge Wilham McManus, Malesh neither admitted nor denied guilt.

Under supervision, the charge will be erased from Malesh's record if he stays out of trouble for the next year.

Malesh allegedly shot the dogs near his home during a two-week period in early June. He was suspended in late June for five days without pay and was demoted from sergeant to patrolman with a deduction in salary after he was tied to the shootings.

Malesh has been suspended without pay since July 28. It was unknown Wednesday if Malesh would return to the police department.

 

Retired Warren police officer faces teen sex charge
April 13, 2013
Detroit Free Press
By Christina Hall
Detroit Free Press Staff Writer
http://www.freep.com/article/20130413/NEWS04/304130077/Retired-Warren-police-officer-faces-teen-sex-charge

A retired Warren police officer was charged Friday with having sexual relations with a 16-year-old Warren girl, who attends the high school where he worked as a school resource officer.

Dale Malesh, 62, was ordered held on a $150,000 bond on two counts of third-degree criminal sexual conduct, a 15-year felony, during arraignment in 37th District Court in Warren, Police Commissioner Jere Green said.

He said if Malesh posts bond, he is to wear a GPS tether, not to have contact with anyone younger than 18 and to turn in his passport.

Malesh's attorney, Steven Kaplan, said late Friday that he had not yet seen the police reports in the case. He said the officer denies the allegations.

Malesh retired from Warren police in January 2011 after 19 years with the department. Green said Malesh was in law enforcement for about 30 years.

Malesh was a school resource officer at Warren Woods Tower High School in Warren, where the victim is a junior.

Green said Warren police received a complaint March 21 of a sexual relationship between the girl and Malesh. The girl came to police with her mother.

Investigators interviewed students and staff at the school in addition to gathering other information, such as text messages and Facebook information, Green said. Police searched Malesh's house, but Green declined to say what was recovered.

He said a Warren police investigation turned up information that will be forwarded to Roseville police for a possible investigation in that city.

Green declined to say how long the relationship was going on or where it occurred, but said the acts did not occur at the school.

After Malesh retired, the school district kept him as a contract employee for the rest of that school year and through the end of the 2012 school year, said Green, who also is president of the Warren Woods Public Schools Board of Education.

He said the district decided to have a school resource officer in the school this school year.

                         










Retired Warren police officer accused of having sex with a high school student
Teen says 62-year-old is her boyfriend
By Bill Proctor
Posted: 04/12/2013
WXYZ TV News, Detroit
http://www.wxyz.com/dpp/news/local_news/investigations/retired-warren-police-officer-accused-of-having-sex-with-a-high-school-student

WARREN, Mich. (WXYZ) - Retired Warren police officer, Dale Wayne Malish, of Roseville was arraigned Friday afternoon in 37th District Court on two charges of 3rd degree criminal sexual conduct for allegedly having a sexual relationship with a 16-year old high school student.

For at least two school terms, 62-year-old Malish worked as a security officer at Warren Woods Tower High School where he met the 16-year-old junior. He was known as “OD” for Officer Dale to the students and staff and was well-liked.

But school officials called police to investigate when rumors of the forbidden relationship spread.

At his arraignment Friday afternoon, Malish pleaded not guilty and told 37th District Court Judge Dean Ausilio that the accusations against him “are without merit.”

The 16-year-old has spoken exclusively to 7 Action News and insists that Malish was her boyfriend and that they were in love, but now that Malish is charged, the relationship--she says--has ended.

The charges stem from Michigan law, which says an adult in a position of authority cannot have a sexual relationship with a student.

The victim says she has known officer Malish since she was in middle school and that their relationship grew into in early December.

Malish was formerly charged with two counts of criminal sexual conduct that carry 15 year maximum prison sentences each.

At his video arraignment, the 16-year-old high school junior, who says she was his girlfriend, sat crying in the courtroom. In an exclusive interview with the investigators, she read a prepared statement she had written in her cell phone:

“Everything that ever happened between us was always totally up to me, nothing was ever forced. I never felt obligated to do anything with him. It was completely consensual. If I said stop he did right away with no questions asked. He always made sure I was aware of what’s going on and that I was comfortable with it. I am not a victim and he is not a predator,” the student told 7 Action News.

What made the investigation somewhat difficult is the fact that some of the alleged sexual activity took place at the retired officer's Roseville home.

The 7 Action News investigators have learned the investigation into Malish’s activities has been expanded.

The Warren police say they will turn over their investigation to Roseville police to determine if more charges are warranted against the former cop.














Retired Warren police officer charged with criminal sexual conduct
Ex-police officer accused of having sexual relationship with 16-year-old girl
Published On: Apr 12 2013 05:38:23 PM EDT
http://www.clickondetroit.com/news/Retired-Warren-police-officer-charged-with-criminal-sexual-conduct/-/1719418/19731296/-/9s3orjz/-/index.html

WARREN, Mich. - Retired Warren police officer Dale Malesh is being charged with 3rd degree criminal sexual conduct after allegedly having a sexual relationship with a 16-year-old girl.

Malesh, of Roseville, was working as a security officer at Warren Woods Tower High School when he met the 16-year-old student.

He was arraigned in the 37th district court Friday afternoon and was placed on a $150,000 bond. His next court date is scheduled for April 25.

His charges carry a possible 15-year felony sentence.

 











 Accused ex-cop says charges ‘are without merit’
By Norb Franz
Posted: Friday, 04/12/13 01:15 pm
Updated: Friday, 04/12/13 09:33 pm
http://www.macombdaily.com/article/20130412/NEWS01/130419832/0/SEARCH/accused-ex-cop-says-charges-are-without-merit

A former Warren police officer, who spent years working in schools, was charged Friday with sexually molesting a 16-year-old girl.
Dale Wayne Malesh, 62, of Roseville, was arraigned on two counts of 3rd-degree criminal sexual conduct — a felony punishable by up to 15 years in prison. Malesh, arrested hours earlier outside his home on Loreto Street, asked 37th District Judge Dean Ausilio to release him on a personal recognizance bond and promised he would show up for future court hearings.

“Although the accusations are without merit, I have no intention of leaving,” said Malesh via video from the Warren Police Department lockup, adding he had plans to move to Florida. “I am not a flight risk. I can assure your honor (of that). Although the allegations against me are serious, I have no problem staying here and preparing my defense with my attorney.”

In urging the judge to set a high bond, Macomb County Assistant Prosecutor Nicole Blank said law enforcement officials were concerned Malesh might attempt suicide.

RELATED ASSETS
“I am not a suicide risk. I am too narcissistic for that,” Malesh said.

Judge Ausilio ordered Malesh held in lieu of $150,000 cash or surety bond. The judge told the former police officer that if he manages to post bail, he must wear a tether, cannot leave Macomb County and must surrender his passport and enhanced driver license. Malesh also was ordered to have no contact with anyone under age 18.

The teenage girl, accompanied by friends in the court, cried as she left the courtroom. She later told The Macomb Daily that the accusations are “overblown.”

“The charges are ridiculous,” said the teen, whose name is not being published by the newspaper. She said her alleged relationship with Malesh was “completely consensual.”

According to court records, the alleged sexual penetration occurred in February and March. The teen turned age 16 — the age of consent under Michigan law — last August. However, prosecutors are basing the 15-year felony on state law that prohibits anyone from using their status to gain access to, or establish a relationship with, a student between 16 and 18 years of age.

Malesh spent the past 19 years of his law enforcement career as a Warren police officer, including the last 11 as a school resource officer. Prior to retirement, he worked as an officer at Warren Woods Tower High School. After he left the police force, Warren Woods Public Schools officials hired him as a contractual security worker.

Warren Woods Superintendent Stacey Denewith-Fici did not immediately return phone calls seeking comment Friday.

Warren police, including Special Operations officers carrying semiautomatic rifles, converged on Malesh’s home in the area of Common and Hayes roads, at approximately 11:20 a.m. Friday. He emerged in front a short time later, raised his hands above his head and was handcuffed without a struggle. Moments later, another man was briefly handcuffed as detectives began searching the two-story house.

Investigators spent approximately two hours inside the house. One detective carried out a large box.

Warren Police Commissioner Jere Green said the arrest culminated a 3-week investigation in which police seized several cellphones, including phones belonging to Malesh and the 16-year-old girl.

“A lot of the investigation involved text messages and Tweets and Facebook,” Green said. The Macomb Area Computer Enforcement team assisted with that part of the investigation, he said.

Green said Malesh was interviewed by police on March 29. The city’s top-ranking police administrator called the alleged actions by one of his former officers “disappointing.”

“You would still expect a high level of behavior you’d expect from current employees,” Green said. “Based on the evidence that I reviewed, the evidence that’s been presented to date is disturbing.”

The police commissioner said additional evidence will be turned over to Roseville police for further investigation.

Malesh is scheduled to return to Warren’s district court for a preliminary hearing on April 25.

On LinkedIn, Malesh said he is a training officer for St. John Health and president of Protection Professionals Inc., providing security for schools and health care facilities. He also is president of Malesh Associates Inc., offering security training.

Prior to his retirement in Warren, he conducted a firearms training class for members of Warren’s Citizen Emergency Response Team. He also heads A2 Guns and Gear, which holds classes to help handgun owners obtain a concealed pistol permit.

04112013 - [IN] Amanda Bach Murder Case - Officer Joseph Elliot McCowan - FB support page

******

[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  

http://michiganoidv.blogspot.com/2011/09/in-amanda-bach-murder-case.html 

This was the support page for Officer McCowan that was created on April 11, 2013 during the midst of the Porter County SD's investigation of McCowan.

Elliot McCowan Support - Facebook page

https://www.facebook.com/ElliottMccowanSupport?filter=1

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 
http://michiganoidv.blogspot.com/2011/09/in-amanda-bach-murder-case.html 

Amanda Bach Murder Case - Dustin McCowan Trial and Conviction- Feb 04, 2013
http://michiganoidv.blogspot.com/2013/02/in-amanda-bach-murder-case-dustin.html 

Amanda Bach Murder Case - Dustin McCowan Sentenced - March 28, 2013
http://michiganoidv.blogspot.com/2013/03/in-amanda-bach-murder-case-dustin.html 

Amanda Bach Murder Case - Videos 
http://michiganoidv.blogspot.com/2011/09/in-amanda-bach-murder-case-videos.html

04042013 - Officer Ryan McClimans - Grand Rapids PD

GR cop pleads guilty, plans to retire
Lt. Ryan McClimans pleads guilty in domestic case
Updated: Friday, 26 Apr 2013, 10:39 PM EDT
Published : Friday, 26 Apr 2013, 10:39 PM EDT
http://www.woodtv.com/dpp/news/local/ottawa_county/gr-cop-pleads-guilty-plans-to-retire

HOLLAND, Mich. (WOOD) - A Grand Rapids police lieutenant has entered a plea in a case involving domestic violence.

On April 4, police said Lt. Ryan McClimans, 43, was involved in a domestic dispute in Holland while he was off duty.

Holland police began investigating the incident, and McClimans turned himself in on April 11 after the Ottawa County Prosecutor’s Office issued a misdemeanor warrant against him.

According to the Grand Rapids Police Department, McClimans was arraigned, released on a personal recognizance bond and put on administrative leave from GRPD.

On Friday, McClimans’ attorney told 24 Hour News 8 that his client had entered a guilty plea on Thursday under the Michigan Spousal Abuse Act, which allows first-time offenders to be put on probation where a judge can include conditions like mandatory counseling or a jail time of up to 12 months.

If McClimans successfully completes his probation, his record will be sealed and the guilty plea will not show on his record unless he re-offends.

McClimans’ attorney also said his client told the Ottawa County Prosecutor’s Office that he intended to retire from his position with GRPD.

Sentencing for McClimans is scheduled for May 28.













Grand Rapids police lieutenant pleads guilty to domestic violence

The Grand Rapids Press
John Tunison
April 26, 2013 at 4:40 PM
Updated April 26, 2013 at 4:42 PM

GRAND RAPIDS, MI -- A Grand Rapids police lieutenant has pleaded guilty to domestic violence involving a Holland woman.

Lt. Ryan McClimans, 43, is expected to be sentenced May 28 in Holland District Court on the misdemeanor. He pleaded guilty on Thursday, April 25, court records show.

McClimans is an 18-year veteran with the Grand Rapids Police Department,

He is accused of pushing the Holland woman he was dating, causing her to hit her head on a tool box.

The incident happened April 4.

McClimans, who filed for divorce in February to end a 10-year marriage, has been on paid leave with Grand Rapids police since April 5.

His status with the department today was not immediately known.

McClimans is assigned to the police Special Response Team.














Grand Rapids police lieutenant charged with domestic violence made a death threat, woman alleges
By Heidi Fenton
The Grand Rapids Press
April 12, 2013 at 7:36 PM
Updated April 12, 2013 at 7:57 PM
http://www.mlive.com/news/grand-rapids/index.ssf/2013/04/grand_rapids_police_lieutenant_1.html

OTTAWA COUNTY, MI -- A Holland woman claims she was physically abused by the Grand Rapids police lieutenant she was dating.

But the officer's attorney on Friday, April 12, described the case -- involving a domestic violence charge -- as a "he said, she said," event.

"I'm not sure a crime occurred," said Terry Tobias, the attorney for Lt. Ryan McClimans, an 18-year veteran officer.

"It's two people saying different things about what happened," he said.

McClimans, 43, was charged with the domestic violence misdemeanor in Holland District Court and has been on paid administrative leave with the Grand Rapids Police Department since April 5.

The alleged victim, Sarah Ritsema, 32, detailed her claims against McClimans in a personal protection order filed April 5, the day after she was allegedly abused.

McClimans allegedly told her “I’m going to kill you” following a haircut she gave him, she wrote in a statement. The episode ended with an argument and her pushed to the ground, court records allege.

In a nine-page affidavit filed for the protection order, Ritsema said: “I want nothing more than for him to stay as far away as possible from me and my children.” Her account is riddled with instances of verbal and mental abuse in addition to property damage that includes allegations of kicking in doors and punching holes in walls.

Ottawa County Circuit Court Judge Edward Post approved the protection order without testimony or a chance for McClimans to respond to the allegations. It is standard practice for that to occur and the subject of the order can later request an opportunity to contest the claims.

On the morning of April 4, Ritsema said McClimans was upset after a haircut she gave him did not turn out as he liked. McClimans looked in the mirror, grew angry and allegedly began to scream, saying “I made him look bad on purpose,” Ritsema wrote.

The exchange escalated as Ritsema allegedly told McClimans to move out because she had taken enough. He tried to initiate emotional contact, she wrote, and she said “no,” pushing him away.

Ritsema alleged McClimans then pushed her down on a bed where he had placed tools while he removed a TV from a wall. The bed slid and hit the wall. Ritsema said she fell to the ground and she hit her head on a toolbox.

Moments later, in the bathroom, McClimans tried to grab a necklace from her neck and then “screamed in my face … ‘I’m going to kill you,'" Ritsema wrote.

Tobias said his McClimans offers a different account.

"There was definitely arguing by the parties that went back and forth," Tobias said. "(McClimans) tried to calm the argument down by giving her a hug. She gave him a push and they both tumbled backwards, falling on the bed.

"He had no intent to ever harm her. I think it's one of those things where two people see things differently," he said.

After the incident, Ritsema went to work and did not report the trouble to police until later in the day, he said.

Tobias said McClimans has an exemplary record with the Grand Rapids police force and he hopes it stays unblemished.

"He's pretty well decorated and seems to have done some pretty heroic things," he said.

In the lengthy affidavit, Ritsema told how her year-and-a-half long dating relationship with McClimans was riddled with verbal abuse and anger. She recounts allegations but offers no time frame for the arguments.

She wrote of other incidents, one about six months ago in which McClimans drove her home from Boatwerks Restaurant in Holland in his police cruiser, then became angry with texts on her phone.

He said the couple was breaking up that night, Ritsema wrote, but “he was getting one more round out of me,” then allegedly tried to force her to engage in sexual contact.

Records show McClimans filed for divorce from his wife in February 2013, citing a breakdown in the 10-year marriage.

McClimans was promoted to lieutenant in March 2012. He played an integral role in the July 2011 standoff with Rodrick Dantzler, who killed seven people in Grand Rapids before taking his own life.

Grand Rapids police Chief Kevin Belk said McClimans will remain on leave pending the outcome of an internal investigation and a determination of what departmental rule violations happened, if any.

                












 Grand Rapids officer charged with domestic violence, on leave
4:30 PM, Apr 12, 2013
http://www.wzzm13.com/news/article/252335/14/Grand-Rapids-officer-charged-with-domestic-violence-on-leave

GRAND RAPIDS (WZZM) - A Grand Rapids Police lieutenant has been placed on administrative leave after an alleged domestic violence incident in Holland.

Lieutenant Ryan McClimans was placed on leave pending the outcome of the investigation of the complaint. Based on investigations by the Holland Police Department, the Ottawa County Prosecutor issued a misdemeanor warrant charging McClimans with Domestic Violence. According to Grand Rapids Police, McClimans turned himself in to Holland Police Thursday, was arraigned, and released on bond.

Lt. McClimans is part of the Grand Rapids Special Response Team.



           









Grand Rapids police lieutenant on leave after domestic violence charge
By John Tunison
The Grand Rapids Press
April 12, 2013 at 11:38 AM
Updated April 12, 2013 at 7:38 PM
http://www.mlive.com/news/grand-rapids/index.ssf/2013/04/grand_rapids_police_lieutenant.html

UPDATE: Grand Rapids police lieutenant charged with domestic violence made a death threat, woman alleges

GRAND RAPIDS, MI -- An 18-year Grand Rapids police lieutenant is on administrative leave after he was charged with domestic violence in Ottawa County.

Lt. Ryan McClimans, 43, was arraigned April 11 in Holland District Court on the charge, a misdemeanor. An April 25 pretrial is scheduled in the case.

McClimans was placed on paid leave April 5, a day after the alleged domestic violence incident happened in Holland.

McClimans is assigned to the police Special Response Team. After he was arraigned, he was released on a personal recognizance bond.

He was promoted to lieutenant in March 2012.

McClimans played an integral role in the July 2011 standoff with Rodrick Dantzler, who killed seven people before entering a home on Rickman Ave. NE and taking hostages.

He ended up taking his own life after a four-hour standoff.

               











GR Lt charged in domestic violence case

43-year-old Ryan McClimans
Updated: Friday, 12 Apr 2013, 11:32 AM EDT
Published : Friday, 12 Apr 2013, 10:54 AM EDT
http://www.woodtv.com/dpp/news/ottawa_county/gr-lt-charged-in-domestic-violence-case

HOLLAND, Mich. (WOOD) - A Grand Rapids police lieutenant was placed on administrative leave as an investigation continues regarding his alleged off-duty involvement in a domestic violence case.

The incident is alleged to have happened in Holland on April 4, and the Holland Police Department began working on the case.

The Ottawa County Prosecutor's Office then issued a misdemeanor warrant against Lt. Ryan McClimans.

The 43-year-old turned himself into the Holland Police Department on April 11 and was arraigned afterward.

He was then released on a personal recognizance bond, according to a news release from the Grand Rapids Police Department.

McClimans began his career with GRPD in 1994 and was assigned the Special Response Team.










Grand Rapids Officer Being Investigated
April 12, 2013
by Carl Gustin
Assignment Editor
http://fox17online.com/2013/04/12/grand-rapids-officer-being-investigated/#axzz2QTu7ztxu

GRAND RAPIDS, Mich. — A Grand Rapids police lieutenant has been placed on leave while he is being investigated.

Lt. Ryan McClimans, 43, was placed on administrative leave April 5 while the department looks into an April 4 domestic violence allegation in Holland. The Ottawa County Prosecutor’s Office issued a warrant for misdemeanor domestic violence for McClimans, who surrendered Thursday and was arraigned in 58th District Court.

He was released on personal recognizance.

McClimans has been an officer with the Grand Rapids Police Department since 1994.

04012013 - MCL 769.4a Amended - Senate Bill 0633 Of 2012/ Public Act No. 550 - Enacted - Cases and disposition of criminal DV charges closed to public inspection

DV/OIDV cases tried under MCL 769.4a are closed to public inspection

MCL 769.4a

Sec. 4a. (6)"Unless the court enters an adjudication of quilt under this section, all proceedings regarding the disposition of the criminal charge shall be closed to the public inspection..."

Also See:

Lautenberg DV Gun Ban - US Representative Bart Stupak's attempt to have police officers exempt from Lautenberg Amendment

18 U.S.C. § 921: Lautenberg Amendment; Federal Domestic Violence Gun Ban

MCL 769.4A: Michigan's Loophole To The Lautenberg Amendment - Federal DV Gun Ban - 18 U.S.C. § 921

MCL 769.4a and ACT 550: Closed criminal proceedings

BULLARD-PLAWECKI ACT: Internal Investigation Of Criminal Complaints - OIDV

MCL-769-4a--Amended--Senate-Bill-0633-2011--Public-Act-550-2012--Enacted-01022013--Effective-04012013

MCL 769.4a

Michigan State Senators Rick Jones, Tonya Schuitmaker, Steven Bieda, and Virgil Smith sponsored Senate Bill 633, which was aimed at closed proceedings in domestic violence cases which were pleaded and dimissed under MCL 769.4a.

SB633 was passed / enacted and became ACT 550. MCL 769.4a was amended to reflect the closed proceedings / non-public records of proceedings, in paragraphs 6 and 7 under ACT 550.

MCL 769.4a allows the expungment of domestic violence offenses. It is used in a majority of officer involved domestic violence cases, because it allows the officer to retain his gun after a DV incident. Thus, MCL 769.4a is known as Michigan's Loophole to the  Lautenberg Amendement [18 U.S.C. §922(g)(9) : bans access to firearms by people convicted of crimes of domestic violence].

Through the prolific use of MCL 769.4a by Michigan police officers and officials arrested for domestic violence [officer involved domestic violence / OIDV], the media exposed the epidemic of officer involved domestic violence, [as state officials, legislators, and even domestic violence agencies remained silent about this horrific crime of OIDV].

The only way to silence the only voice OIDV victims in Michigan have [the media], was by silencing the media.; Michigan state legislators and the Governor did so, when they enacted ACT 550.

There was outrage over the closed OIDV proceedings under MCL 769.4a. So, Michigan officials responded by removing the amended paragraphs of MCL 769.4a which reflected SB633 / ACT 550. BUT, Michigan did not repeal ACT 550: it's still there; it still allows the state to have closed hearings and non-public records for OIDV cases pleaded under MCL 769.4a.

Michigan officials have succeeded in closing the door on OIDV victims, under ACT 550.



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18 U.S.C.§ 922(g)(9)

definition of 'convicted' can be found in the chapter 18 U.S.C. § 921(a)(33)(B)(ii) and has exceptions:


(33) (B)

(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—


(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside...

------------

This is how amended MCL 769.4a with ACT 550 enclosed appeared on March 14, 2013 [effective April 01, 2013]:

ACT 550 [closed proceedings] is enclosed in pargraphs 6 and 7 of the amended MCL 769.4a:

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Since the outrage over closed criminal proceedings under MCL 769.4a , Michigan has amended MCL 769.4a by removing pargraphs 6 and 7 / ACT 550 [closed proceedings]:    

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  SB 633 / ACT 550: closed proceedings in cases pleaded under MCL 769.4a is still in effect...It's just hidden.