Washtenaw County SD Lt. Brian Filipiak
July 21, 2013 - Washtenaw County SD Lt. Brian Filipiak arrived at the Detroit airport to pick up his daughter. She noted that her father/Filipiak appeared to have been drinking and made contact with airport security, stating that she was afraid to leave with her father. Security noted that it was apparent Filipiak was intoxicated. Filipiak made reference to the fact that he was a police officer and security couldn't arrest him. Filipiak left the airport without his daughter.
November 01, 2013 - Pinckney PD officers responded to a domestic at the Filipiak's home. Filipiak informed the responding officers that he is a police officer and that the domestic was only verbal. He admited to the officers that he had been drinking. Filipiak's wife informed the officers that she wanted Filipiak to leave. Officers informed Filipiak's wife that Filipiak is too intoxicated to go somewhere else on his own accord. Filipiak told officers he would go upstairs and sleep. Case closed.
November 13, 2016 - Montmorency County SD dispatchers received multiple 911 calls for reckless driving about 1:18 p.m. Nov. 13 in the area of M-33 near Lockwood Road, with the truck in question reported as almost hitting several vehicles and almost going off the road. Washtenaw County SD Lt. Brian Filipiak was stopped by a Montmorency County SD deputy on suspicion of driving under the influence. Filipiak had blood alcohol content of 0.28 and 0.27.
November 13, 2016 - Filipiak was charged with misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more - imprisonment of up to 180 days, a fine between $200 and $700, and up to 360 hours of community service. Filipiak was placed on administrative leave.
January 31, 2017 - Washtenaw County SD Lt. Brian Filipiak pleaded guilty to a lesser charge of operating while intoxicated.
March 03, 2017 - Washtenaw County SD Lt. Brian Filipiak's sentencing. Filipiak was sentenced to one year of probation and 40 hours of community service. He also received a 93 day deferred jail sentence.
March 03, 2017 - MLive News reported that prior to Filipiak's November 2016 drunk driving arrest, that Filipiak had a history of alcohol abuse that the Washtenaw County SD was aware of and chose to ignore. Sheriff's officer stripped of badge has history with police and alcohol
Former sheriff’s lieutenant had history with police calls involving suspected alcohol use
MLive
July 21, 2013
November 01, 2013
The following are clips from surveillance footage from the Detroit Metropolitan Airport.
First clip:
The recording was taken about 12:30 a.m. July 21, 2013, when the Wayne County Airport Authority was contacted about a girl concerned with leaving with her father, Brian Filipiak, who she believed was intoxicated.
Second clip:
The recording was taken about 9:45 p.m. November 01, 2013, when police were called to a home for a reported verbal domestic situation. The incident involved Brian Filipiak.
Sheriff's officer stripped of badge has history with police and alcohol
MLive
March 3, 2017
PITTSFIELD TOWNSHIP, MI - A former Washtenaw County Sheriff's lieutenant sentenced Friday, March 3 for drunken driving has a history of run-ins with police related to alcohol consumption.
Brian Filipiak, 47, was sentenced to one year of probation, with a deferred jail sentence, for operating while intoxicated in connection with a drunken-driving arrest on Nov. 13, 2016, in northern Michigan. He initially was charged with misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more for the incident, but pleaded guilty to the lesser charge in January.
Though Filipiak remains employed in a support role at the Washtenaw County Sheriff's Office, he was stripped of his title as a lieutenant and sworn law enforcement officer after an internal investigation into the incident.
Police reports obtained by The Ann Arbor News show the November incident was not Filipiak's first contact with police involving alcohol use. Reports show there were at least two incidents in 2013.
Filipiak and his Boyne City-based attorney, Timothy Arner, declined to comment on the prior incidents when asked about them following the sentencing Friday.
Washtenaw County Sheriff Jerry Clayton said the department was aware of the past incidents and investigated them and ordered corrective action as appropriate.
The first incident occurred about 12:30 a.m. July 21, 2013, at the United Airlines Baggage Service Office at Detroit Metropolitan Airport.
Drunk Driving Arrest of Washtenaw County Sheriff's Office Lt. Brian Filipiak
Wayne County Airport Authority officials responded to a report that a juvenile girl was hiding in the office, an airport authority police report showed. The report includes two narratives - one written by Officer Thomas Zahina and one by a Lt. Tavtigian, whose first name was not included.
The girl had told a United employee that she was afraid of someone and told police that she was afraid to leave with her father, the report shows.
The portion of the report written by Zahina said the girl, who was crying and visibly shaken, told him she was supposed to get a ride home from the airport from her father, but thought he was acting strange and appeared intoxicated when she met him in the baggage claim area.
Zahina then approached Filipiak.
"It became immediately apparent that B. Filipiak was intoxicated," Zahina wrote. "There was an odor of intoxicants coming from his breath and his eyes appeared red and glossy. I asked how he got to the airport and he stated that he drove."
After advising Filipiak to arrange for he and his daughter to be picked up, Zahina asked for Filipiak's identification, Zahina wrote in the report. Filipiak repeatedly refused to hand it over and Zahina explained he faced arrest if he didn't comply, according to the report.
"B. Filipiak stated, 'You won't arrest me,' and 'You don't know who I am, do you?'" the report states.
Zahina then requested that another officer come to the location and two others, including Tavtigian, came, he said. A fourth official is later documented as being involved as well.
After further discussion, Filipiak turned over his identification, according to the report. A portion of the report following the reference to identification is redacted in both Zahina's and Tavtigian's statements.
Tavtigian conducted a pat-down of Filipiak, according to his portion of the report. He said Filipiak smelled of intoxicants and admitted to drinking "a few beers."
Filipiak also admitted to driving to the airport and parking at a parking deck, Tavtigian wrote.
Zahina eventually escorted the girl and her stepmother, who came to pick her up, out, according to the report. Zahina then ordered Filipiak to leave the area, but told him he would be arrested if he attempted to drive, Zahina wrote.
Tavtigian wrote that he asked if Filipiak had a credit card to take a taxi or if authorities could call someone for him, and Filipiak responded that he had a credit card and told him "not to worry about it."
Filipiak refused to cooperate and walked toward the parking deck, Tavtigian said. He said he conducted a search of the parking deck, but did not find Filipiak.
Zahina directed Filipiak toward ground transportation and Filipiak left in that direction, by Zahina's account.
"I briefly positioned my patrol vehicle near the parking deck exit to discourage B. Filipiak from driving out in his vehicle," Zahina wrote.
Filipiak appears on airport surveillance footage provided to The Ann Arbor News for about 43 minutes during the incident.
No documentation obtained by The News showed further contact with Filipiak that day.
In a second incident about 9:45 p.m. Nov. 1, 2013, police were called to a home in Pinckney for a reported verbal domestic situation, a police report obtained from the Pinckney Police Department shows. The responding officer, Officer Nate Watson, interviewed Filipiak and his wife separately at the home, according to audio recording from a dashboard camera.
Filipiak can be heard on the recording introducing himself and telling Watson that he and his wife were going through marital problems and that he was a cop from Washtenaw County.
"So, I've had some beers, I'm not going to deny that," he said.
He also told Watson that the argument had not gotten physical and, when asked, said there had not been prior domestic incidents requiring police response to the home.
Filipiak's wife can be heard telling Watson that her husband was seeking alcohol treatment. However, she said he had left the home and come back, was "obviously drunk" that night and wouldn't leave when asked. She claimed Filipiak was being verbally abusive.
When Watson asked about prior incidents, Filipiak's wife said a report had been filed at an airport when Filipiak showed up "highly intoxicated." She asked that a preliminary breath test be done, but Watson said it wouldn't make a difference, because no crime was committed.
She indicated that she did not believe the argument would become physical, but wanted Filipiak to leave and didn't think anyone would let him stay with them.
Watson said officials would typically hope to separate a couple for the night, under the circumstances, but said Filipiak wouldn't be able to go somewhere else on his own accord.
"If he's been drinking - I mean, I can smell it on him - he definitely can't be driving," Watson said.
Filipiak indicated he would immediately go to bed.
The interaction with the couple lasted about eight minutes, according to the audio recording. The case was then closed.
Filipiak has been employed with the Washtenaw County Sheriff's Office for 21 years.
Sheriff Clayton reiterated Friday that Filipiak's actions in the November incident were "unacceptable."
"I am far from comfortable with the incident," he said. "I am far from comfortable with the situation - I'm angered, disappointed and I'm frustrated, but I am more than comfortable with the corrective response that we've put in place, given the circumstance that we had to navigate."
All aspects of employment, including time with the department, past incidents and severity of the situation, are taken into account in corrective action determinations, he said.
He said he could not comment on specific personnel issues or what action was taken in prior incidents, but said when the public or anyone is reviewing the matter, it's important to recognize opinions may differ based on the amount of information known.
"We don't ignore behavior that doesn't meet our expectations," he said. "None of us get a free pass."
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Drunk Driving Arrest of Washtenaw County Sheriff's Office Lt. Brian Filipiak
MLive
November 13, 2016
On November 13, 2016 Lt. Brian Filipiak of the Washtenaw County Sheriff's Office was arrested on suspicion of "super drunk" driving in northern Michigan’s Montmorency County. RELATED STORY
Highlights:
00:15 Montmorency County Sheriff Deputy Zachery Morrison passed the pickup truck driven by Brian Filipiak, an off duty Lieutenant of the Washtenaw County Sheriff's Office and turns around in pursuit.
00:45 The pickup truck is seen swerving over the fog line, into the shoulder, then back left over the center line.
1:00 Filipiak pulls his truck to the side of the road as he passes a Michigan DNR officer who was also responding to the 9-1-1 calls for a reckless driver.
1:20 Deputy Morrison approaches the driver
1:27 BODYCAM FOOTAGE BEGINS - The assisting DNR officer can be seen on the other side of the truck.
2:54 Deputy Morrison returns to the truck to have Filipiak take a field sobriety test.
11:50 Deputy Morrison beings to physically remove Filipiak from the truck.
13:25 Deputy Morrison and the assisting DNR office attempt to pull Filipiak from the truck.
13:48 Deputy Morrison warns Filipiak he’ll be tasered if he does not exit the truck.
16:53 Filipiak is placed under arrest.
20:08 Filipiak states he wants a “Cop to a Cop” deal
21:17 Both officers struggle to get Filipiak in the back seat of the police cruiser.
Cop arrested for driving with THREE times the legal blood alcohol limit
Flashed his badge and pleaded with responding deputies before he was threatened with a Taser
Daily Mail
December 20, 2016
- Brian Filipiak, a lieutenant in Washtenaw County, Michigan, was pulled over in November in Montmorency County more than 200 miles away
- Police received two reports of a truck that nearly hit several vehicles and almost ran off the road several times, according to an incident report
- Filipiak showed responding cops he was a cop and insisted he could 'sleep it off'
- He did not comply with their orders to get out of the truck and resisted the two cops who tried to pull him out until he was threatened with a Taser
- An open bottle of vodka was recovered in the back seat, incident report stated
- Filipiak had blood alcohol content of 0.28 and 0.27 - legal limit is 0.08
A sheriff's deputy who was arrested for drunk driving flashed his badge and pleaded with the responding officers to let him go, insisting that he could just 'sleep it off'.
Lieutenant Brian Filipiak of Washtenaw County, Michigan, refused a sobriety test after he was pulled over in Montmorency County more than 200 miles away from his home.
A video captured by a responding deputy's body camera shows the cops trying to pull Filipiak out of the car until one officer threatened to taser him.
An open bottle of vodka was recovered in the back seat, and Filipiak was found well over the limits of 0.08 with a blood alcohol content of 0.28 and 0.27, according to an incident report.
Deputy Zachery Morrison received two reports of a truck that nearly hit several vehicles and almost ran off the road several times, according to an incident report.
Filipiak was soon pulled over, and when the cops asked for his driver's license and ID, he also showed them that he was a police officer.
An officer can be heard saying: 'Brian, I'm going to have you step out of the car and do some field sobriety tests.'
When Filipiak was told he couldn't just stay in his car like he asked, he threw his head back in frustration and continued to plead with the cops.
At one point, the officers could be seen trying to pull Filipiak from the car before he was threatened with a taser.
It was then that Filipiak complied and stepped out of the vehicle. Deputies noted that he was staggering, swaying from side to side, and slurring his words, the incident report stated.
Filipiak refused to take sobriety tests, and was arrested and taken back to the sheriff's office, where his blood alcohol content registered at 0.28 and 0.27.
Morrison said in the report: 'During the entire investigation, Brian was very uncooperative. Brian would try and use that he is a Lieutenant for the Washtenaw County Sheriff's Office to try and persuade me by letting him go.'
Filipiak received a citation for Operating While Intoxicated and has been placed on administrative leave.
Washtenaw sheriff's lieutenant accused of 'super drunk' driving
MLive
Dec. 21, 2016
RUST TOWNSHIP, MI - A lieutenant from the Washtenaw County Sheriff's Office is on administrative leave following his arrest in northern Michigan on suspicion of "super drunk" driving.
A Montmorency County Sheriff's Department report shows Lt. Brian Filipiak, 47, was found to have a blood-alcohol level more than three times the legal limit for driving after his arrest on Nov. 13 in Rust Township.
In the report, arresting officer Deputy Zachery Morrison said Filipiak had an open bottle of vodka in his backseat and had to be threatened with a Taser to follow commands.
"During the entire investigation, Brian was very uncooperative," Morrison said in his report. "Brian would try and use that he is a Lieutenant for the Washtenaw County Sheriff's Office to try and persuade me by letting him go (sic)."
Filipiak now faces one count of misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more. Filipiak registered a blood-alcohol level of 0.28 and 0.27 percent on breath tests, according to the report.
Michigan's legal limit for blood-alcohol content while driving is 0.08 percent, and stiffer penalties are in place for those who have a blood-alcohol level of 0.17 or more under the state's so-called "super drunk" driving law.
Filipiak and his attorney could not be reached for comment.
Dispatchers received multiple 911 calls for reckless driving about 1:18 p.m. Nov. 13 in the area of M-33 near Lockwood Road, with the truck in question reported as almost hitting several vehicles and almost going off the road, Morrison said in his report.
Based on the license plate number and description of the suspect vehicle, Morrison was able to find the vehicle driving on eastbound M-32, west of Ulshaffer Road, he reported. The vehicle could not maintain one lane of travel and veered into gravel on the shoulder of the road before Morrison conducted a traffic stop. He reported he then saw the driver, Filipiak, reach around to the back passenger seat.
When Morrison approached, he asked Filipiak for his driver's license, registration and proof of insurance, he said in the report.
"Brian first showed me a badge and a police ID from Washtenaw County Sheriff's Department," Morrison stated. "As Brian was showing me his police ID, Brian was having a hard time sitting still. I could also smell a strong odor of intoxicants emitting from inside the vehicle."
Morrison said that Filipiak didn't answer when asked why he reached around to the backseat when he was stopped, but Department of Natural Resources Officer Brad Belleville, who was assisting Morrison, spotted an open container of vodka in the backseat, the report states.
Morrison said Filipiak told him he was traveling to his deer camp near Rogers City and refused to get out of his truck to take field sobriety tests, the report states.
"Brian kept stating that he would, 'Just sleep it off,'" according to the report.
Morrison and Belleville had to open the vehicle door and grab Filipiak to attempt to get him out of the truck, but Filipiak only got out when Morrison pulled out his Taser, according to the report. However, Filipiak still refused to take field sobriety tests and refused to place his hands behind his back to be handcuffed - Morrison and Belleville forced his hands instead, the report indicates. He also refused to get into Morrison's patrol car, and was eventually forced inside, the report said.
He was described in the police report as swaying side to side while standing, having slurred speech, and staggering while walking during his encounter with Morrison.
Once at the Montmorency County jail, Filipiak was administered a breath test three times, because "he kept on stopping to blow on the second test," Morrison reported.
Derrick Jackson on the Washtenaw County Sheriff's Office confirmed Filipiak is on unpaid administrative leave while an internal investigation into the incident takes place. An internal investigation could result in any number of outcomes, up to termination, he said.
Jackson said the department does not comment on personnel matters, which Sheriff Jerry Clayton reiterated in a statement released Monday, Dec. 19.
"I am extremely disappointed in this situation," Clayton said, according to the statement. "However, I am not commenting on an ongoing investigation. I anticipate commenting at the conclusion of the investigation and final organizational action."
Filipiak has been employed with the Washtenaw County Sheriff's Office for 21 years. He faces imprisonment of up to 180 days, a fine between $200 and $700, and up to 360 hours of community service.
According Montmorency County court records, Filipiak is scheduled for a pretrial conference on Jan. 6, 2017, in Montmorency County's 88-2 District Court.
He was released from jail on Nov. 14 after posting 10 percent of his $3,000 bond, records show.
Video shows drunken-driving arrest of Washtenaw police lieutenant
MLive
Dec. 23, 2016
RUST TOWNSHIP, MI - Washtenaw County Sheriff's Office Lt. Brian Filipiak pleaded with his arresting officer for more than 10 minutes before being forcefully removed from his truck with a Taser pointed at him when he was arrested on suspicion of drunken driving in November, police body camera footage shows.
Filipiak, 47, registered a blood-alcohol level of 0.28 and 0.27 percent on breath tests after being arrested on Nov. 13 in Rust Township in northern Michigan, according to a Montmorency County Sheriff's Department report written by his arresting officer, Deputy Zachery Morrison.
Now, Filipiak is on unpaid administrative leave pending internal investigation by his department. He also faces a charge of misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more.
Morrison pulled Filipiak over about 1:18 p.m. Nov. 13 on eastbound M-32, west of Ulshaffer Road after multiple people called 911 about reckless driving in the area, Morrison stated in his report.
Morrison said Filipiak was uncooperative, had an open bottle of vodka in his backseat and had to be threatened with a Taser to follow commands. He also said in his report that Filipiak repeatedly attempted to use his position as a lieutenant to persuade Morrison to let him go.
The body camera footage, as well as in-car video footage obtained from the Montmorency County Sheriff's Department, shows Filipiak repeatedly asked to be allowed to continue on or "sleep it off."
In the video, his pleas continued while standing outside the patrol vehicle, after resisting being handcuffed, where Morrison explained that Filipiak would be taken to the county jail so a breath test could be administered or a search warrant for his blood would be obtained.
"Alright so, let's make a deal, 'kay?" Filipiak said on the video.
When questioned by Morrison, who repeatedly expressed frustration with Filipiak putting a fellow officer in the position to have to arrest him, about what kind of deal he meant, Filipiak responded, "A cop to a cop, that's what the deal's about."
Shortly after, Morrison and Department of Natural Resources Officer Brad Belleville forced the resistant Filipiak into the patrol vehicle.
Michigan's legal limit for blood-alcohol content while driving is 0.08 percent, but stiffer penalties are in place for individuals whose blood-alcohol level is 0.17 or more under the state's so-called "super drunk" law.
If convicted under the "super drunk" law, Filipiak faces imprisonment of up to 180 days, a fine between $200 and $700, and up to 360 hours of community service.
Filipiak has been employed with the Washtenaw County Sheriff's Office for 21 years. According Montmorency County court records, he is scheduled for a pretrial conference on Jan. 6, 2017, in Montmorency County's 88-2 District Court. He was released from jail on Nov. 14 after posting 10 percent of his $3,000 bond.
Filipiak, his attorney and the Montmorency County prosecutor could not be reached for comment.
Sheriff’s lieutenant accused of ‘super drunk’ driving
Ann Arbor News, The (MI)
December 25, 2016
https://infoweb.newsbank.com/
RUST TOWNSHIP — Washtenaw County Sheriff’s Office Lt. Brian Filipiak pleaded with his arresting officer for more than 10 minutes before being forcefully removed from his truck with a Taser pointed at him when he was arrested on suspicion of drunken driving in November, police body camera footage shows.
Filipiak, 47, registered a blood-alcohol level of 0.28 and 0.27 percent on breath tests after being arrested Nov. 13 in Rust Township in northern Michigan, according to a Montmorency County Sheriff’s Department report written by his arresting officer, Deputy Zachery Morrison.
Now, Filipiak is on unpaid administrative leave pending internal investigation by his department. He also faces a charge of misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more.
Morrison pulled Filipiak over at 1:18 p.m. Nov. 13 on eastbound M-32, west of Ulshaffer Road after several people called 911 about reckless driving in the area, Morrison said in his report.
Morrison said Filipiak was uncooperative, had an open bottle of vodka in his backseat and had to be threatened with a Taser to follow commands. He also said in his report that Filipiak repeatedly attempted to use his position as a lieutenant to persuade Morrison to let him go.
The body camera footage, as well as in-car video footage obtained from the Montmorency County Sheriff’s Department, shows Filipiak repeatedly asked to be allowed to continue on or “sleep it off.”
In the video, his pleas continued while standing outside the patrol vehicle, after resisting being handcuffed, where Morrison explained that Filipiak would be taken to the county jail so a breath test could be administered or a search warrant for his blood would be obtained.
“All right. So, let’s make a deal, ’kay?” Filipiak said on the video.
When questioned by Morrison, who repeatedly expressed frustration with Filipiak putting a fellow officer in the position to have to arrest him, about what kind of deal he meant, Filipiak responded, “A cop to a cop, that’s what the deal’s about.”
Michigan’s legal limit for blood-alcohol content while driving is 0.08 percent, but stiffer penalties are in place for individuals whose blood-alcohol level is 0.17 percent or more under the state’s so-called “super drunk” law.
If convicted under the “super drunk” law, Filipiak faces imprisonment of up to 180 days, a fine from $200 to $700, and up to 360 hours of community service.
Filipiak has been employed with the Washtenaw County Sheriff’s Office for 21 years. According Montmorency County court records, he is scheduled for a pretrial conference Jan. 6 in Montmorency County’s 88-2 District Court. He was released from jail Nov. 14 after posting 10 percent of his $3,000 bond.
Filipiak, his attorney and the Montmorency County prosecutor could not be reached for comment.
Washtenaw sheriff's lieutenant takes plea in 'super drunk' driving case
MLive
Jan. 31, 2017
RUST TOWNSHIP, MI - A lieutenant from the Washtenaw County Sheriff's Office has pleaded guilty to operating while intoxicated in connection with a drunken-driving arrest in northern Michigan.
Lt. Brian Filipiak, 47, was charged with misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more for an incident on Nov. 13, 2016, but pleaded guilty to the lesser charge on Friday, Jan. 27, according to Montmorency County's 88-2 District Court office.
Filipiak was found to have a blood-alcohol level of 0.28 and 0.27 percent - more than three times the legal limit for driving - during breath tests after his November arrest, a police report showed.
Body camera footage of the arrest showed Filipiak resisted arrest that day and his arresting officer stated in his report that "Brian would try and use that he is a Lieutenant for the Washtenaw County Sheriff's Office to try and persuade me by letting him go (sic)."
Michigan's legal limit for blood-alcohol content while driving is 0.08 percent, and stiffer penalties are in place for those with a blood-alcohol level of 0.17 or more under the state's so-called "super drunk" driving law.
No information on Filipiak's scheduled sentencing was immediately available and his attorney and the Montmorency County prosecutor could not be reached for comment Monday.
Filipiak remains on unpaid leave as an internal investigation takes place, said Derrick Jackson of the Washtenaw County Sheriff's Office.
The department has declined to comment further on the matter while it remains under investigation. Jackson said the time frame of the investigation is dictated by the department's labor contract.
Misdemeanor operating while intoxicated is punishable by up to 93 days in jail and a $500 fine. Conviction under the "super drunk" law is punishable by up to 180 days in jail and a $700 fine.
Sheriff’s lieutenant pleads guilty
Ann Arbor News, The (MI)
February 1, 2017
https://infoweb.newsbank.com/
RUST TOWNSHIP — A lieutenant from the Washtenaw County Sheriff’s Office has pleaded guilty to operating while intoxicated in connection with a drunken-driving arrest in northern Michigan.
Sheriff’s Lt. Brian Filipiak, 47, was charged with misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more for an incident Nov. 13, but pleaded guilty to the lesser charge Friday, according to Montmorency County’s 88-2 District Court office.
Filipiak was found to have a blood alcohol level of 0.28 and 0.27 percent — more than three times the legal limit for driving —during breath tests after his arrest, police report show.
Body camera footage of the arrest showed Filipiak resisted arrest. His arresting officer reported, “Brian would try and use that he is a lieutenant for the Washtenaw County Sheriff’s Office to try and persuade me by letting him go (sic).”
Michigan’s legal limit for blood-alcohol content while driving is 0.08 percent, and stiffer penalties for those with a blood-alcohol level of 0.17 or more under the state’s so-called “super drunk” driving law.
No information on Filipiak’s scheduled sentencing was immediately available, and his attorney and the Montmorency County prosecutor could not be reached for comment Monday.
Filipiak remains on unpaid leave during an internal investigation, said Derrick Jackson, of the Washtenaw County Sheriff’s Office.
The department has declined to comment further on the matter while it remains under investigation. Jackson said the time frame of the investigation is dictated by the department’s labor contract.
Officer caught drunk driving loses badge, stays with sheriff's office
MLive
February 28, 2017
PITTSFIELD TOWNSHIP, MI - A lieutenant from the Washtenaw County Sheriff's Office who pleaded guilty to operating while intoxicated in northern Michigan has lost his title and position as a sworn police officer.
Brian Filipiak, 47, is still employed by the Washtenaw County Sheriff's Office, but "he is no longer a lieutenant, holds no command responsibility, and is no longer a sworn law enforcement officer," according to an emailed statement from the Washtenaw County Sheriff's Office.
The decision follows an internal investigation into Filipiak's drunken driving arrest on Nov. 13, 2016, in Montmorency County's Rust Township.
Filipiak was found to have a blood-alcohol level of 0.28 and 0.27 percent - more than three times the legal limit for driving - during breath tests after his November arrest, a police report showed.
Body camera footage showed Filipiak resisted arrest and his arresting officer stated that "Brian would try and use that he is a Lieutenant for the Washtenaw County Sheriff's Office to try and persuade me by letting him go (sic)," in his report.
Washtenaw sheriff's lieutenant takes plea in 'super drunk' driving case
Filipiak initially was charged with misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more for the incident, but pleaded guilty to a lesser charge of operating while intoxicated on Jan. 27, according to Montmorency County's 88-2 District Court office. He scheduled for sentencing on March 3.
The county prosecutor could not be reached for comment.
Washtenaw County Sheriff Jerry Clayton commended the Montmorency County Sherriff's Office deputy who handled the case for the quality of his work, and condemned Filipiak's actions, according to the statement.
"Whether a community member or police services professional, one cannot view the video of this off-duty incident and not be extremely disappointed," Clayton said. "Such conduct in no way reflects the values of the Sheriff's Office or the behaviors that we expect from our staff. It dishonors the exceptional and compassionate service provided daily by members of the Sheriff's Office and other police service professionals."
Clayton declined further comment.
Filipiak was placed on unpaid administrative leave during the internal investigation and is now employed on a conditional basis working in a support capacity at reduced compensation, according to the department.
Washtenaw County Sheriff's Office spokesman Derrick Jackson said support roles include managing property, supplies and equipment, and a number of other duties. Filipiak's duties will be assigned by the police services commander.
Filipiak is now being compensated at the level of a deputy, Jackson said.
Washtenaw County Sheriff's lieutenants were paid $79,017.23 in 2016 and deputies were paid between $41,903.88 and $62,917.78, according to the county's 2016 Salary Report.
When asked about the decision to retain Filipiak, Jackson said labor law provides for fair treatment through "due process considerations." He said that an employee's years of service and overall history would be taken into account, for example.
Filipiak has been employed with the Washtenaw County Sheriff's Office for 21 years.
Former officer arrested for 'super drunk' driving gets probation
MLive
March 3, 2017
ATLANTA, MI -- A former Washtenaw County Sheriff's Office lieutenant was sentenced Friday, March 3, to one year of probation and 40 hours of community service for drunken driving.
A northern Michigan judge also gave Brian Filipiak a 93-day deferred jail sentence, which means he will only serve the time if he violates probation.
Dressed in a black suit, Filipiak chose to let his attorney do the talking at the sentencing, which took place before 88-2 District Court Judge Benjamin Bolser in Atlanta, the seat of Montmorency County, where the former lieutenant was arrested last November.
"This trip to deer camp on Nov. 13 of last year has had a significant impact on my client's life," said Timothy Arner, Filipiak's Boyne City-based attorney. " ... He's accepted full responsibility for his actions. There's no one to blame but himself. He was thankful, and is thankful, that there were no injuries to anyone on that day or as the result of his driving."
Filipiak was arrested in Rust Township with a blood-alcohol level of 0.28 - more than three times the legal limit. A deputy's body camera footage showed Filipiak trying to talk his way out of the arrest based on his position as a lieutenant in Washtenaw County.
The incident took place for more than half an hour before authorities got the clearly inebriated Filipiak out of his truck and into the back of a patrol car.
Arner told Judge Bolser that Filipiak has acknowledged the deputy's fine police work during the arrest.
"He has contacted and complimented and commended the arresting officer in this case for his professionalism and how (Filipiak) was treated by him," Arner said.
Drunk Driving Arrest of Washtenaw County Sheriff's Office Lt. Brian Filipiak
Filipiak was initially charged with misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more - commonly referred to as the "super drunk" law. He later pleaded guilty to a lesser charge of operating while intoxicated on Jan. 27, according to court records.
Since the arrest, Filipiak has undergone extensive alcohol rehabilitation, according to Arner.
The terms of his probation include no drinking and frequent alcohol testing. Judge Bolser also ordered Filipiak to perform 40 hours of community service and to pay $1,266 in fines and costs.
"This case is concerning to the court based on your background and your employment history ... and the very high level of blood alcohol content at the time. And the appearance of what occurred at the arrest," Bolser said before passing sentence. "I understand that this event, in essence, has destroyed your life. It ... has had everlasting effects, at least, on your career and on your status in your community, at least based on what I saw in this ... report. My hope is that this has brought you to realize that you have a severe alcohol addiction and a disease that you're going to have to (address) the rest of your life."
Filipiak has lost the title and pay of a lieutenant, but remains employed at the Washtenaw County Sheriff's Office. He no longer is a sworn officer, the department said.
He was placed on unpaid administrative leave during the internal investigation and is now employed on a conditional basis working in a support capacity at reduced pay, officials said.
As a lieutenant, he was being paid in the ballpark of $79,000, but is now receiving deputy wages, officials said, which range from around $42,000 and $63,000, according to the county's salary report.
Filipiak and Arner did not have any comment about his sentencing on Friday.
Sheriff's officer stripped of badge has history with police and alcohol
MLive
March 3, 2017
PITTSFIELD TOWNSHIP, MI - A former Washtenaw County Sheriff's lieutenant sentenced Friday, March 3 for drunken driving has a history of run-ins with police related to alcohol consumption.
Brian Filipiak, 47, was sentenced to one year of probation, with a deferred jail sentence, for operating while intoxicated in connection with a drunken-driving arrest on Nov. 13, 2016, in northern Michigan. He initially was charged with misdemeanor operating while intoxicated with a blood-alcohol level of 0.17 or more for the incident, but pleaded guilty to the lesser charge in January.
Though Filipiak remains employed in a support role at the Washtenaw County Sheriff's Office, he was stripped of his title as a lieutenant and sworn law enforcement officer after an internal investigation into the incident.
Police reports obtained by The Ann Arbor News show the November incident was not Filipiak's first contact with police involving alcohol use. Reports show there were at least two incidents in 2013.
Filipiak and his Boyne City-based attorney, Timothy Arner, declined to comment on the prior incidents when asked about them following the sentencing Friday.
Washtenaw County Sheriff Jerry Clayton said the department was aware of the past incidents and investigated them and ordered corrective action as appropriate.
The first incident occurred about 12:30 a.m. July 21, 2013, at the United Airlines Baggage Service Office at Detroit Metropolitan Airport.
Drunk Driving Arrest of Washtenaw County Sheriff's Office Lt. Brian Filipiak
Wayne County Airport Authority officials responded to a report that a juvenile girl was hiding in the office, an airport authority police report showed. The report includes two narratives - one written by Officer Thomas Zahina and one by a Lt. Tavtigian, whose first name was not included.
The girl had told a United employee that she was afraid of someone and told police that she was afraid to leave with her father, the report shows.
The portion of the report written by Zahina said the girl, who was crying and visibly shaken, told him she was supposed to get a ride home from the airport from her father, but thought he was acting strange and appeared intoxicated when she met him in the baggage claim area.
Zahina then approached Filipiak.
"It became immediately apparent that B. Filipiak was intoxicated," Zahina wrote. "There was an odor of intoxicants coming from his breath and his eyes appeared red and glossy. I asked how he got to the airport and he stated that he drove."
After advising Filipiak to arrange for he and his daughter to be picked up, Zahina asked for Filipiak's identification, Zahina wrote in the report. Filipiak repeatedly refused to hand it over and Zahina explained he faced arrest if he didn't comply, according to the report.
"B. Filipiak stated, 'You won't arrest me,' and 'You don't know who I am, do you?'" the report states.
Zahina then requested that another officer come to the location and two others, including Tavtigian, came, he said. A fourth official is later documented as being involved as well.
After further discussion, Filipiak turned over his identification, according to the report. A portion of the report following the reference to identification is redacted in both Zahina's and Tavtigian's statements.
Tavtigian conducted a pat-down of Filipiak, according to his portion of the report. He said Filipiak smelled of intoxicants and admitted to drinking "a few beers."
Filipiak also admitted to driving to the airport and parking at a parking deck, Tavtigian wrote.
Zahina eventually escorted the girl and her stepmother, who came to pick her up, out, according to the report. Zahina then ordered Filipiak to leave the area, but told him he would be arrested if he attempted to drive, Zahina wrote.
Tavtigian wrote that he asked if Filipiak had a credit card to take a taxi or if authorities could call someone for him, and Filipiak responded that he had a credit card and told him "not to worry about it."
Filipiak refused to cooperate and walked toward the parking deck, Tavtigian said. He said he conducted a search of the parking deck, but did not find Filipiak.
Zahina directed Filipiak toward ground transportation and Filipiak left in that direction, by Zahina's account.
"I briefly positioned my patrol vehicle near the parking deck exit to discourage B. Filipiak from driving out in his vehicle," Zahina wrote.
Filipiak appears on airport surveillance footage provided to The Ann Arbor News for about 43 minutes during the incident.
No documentation obtained by The News showed further contact with Filipiak that day.
In a second incident about 9:45 p.m. Nov. 1, 2013, police were called to a home in Pinckney for a reported verbal domestic situation, a police report obtained from the Pinckney Police Department shows. The responding officer, Officer Nate Watson, interviewed Filipiak and his wife separately at the home, according to audio recording from a dashboard camera.
Filipiak can be heard on the recording introducing himself and telling Watson that he and his wife were going through marital problems and that he was a cop from Washtenaw County.
"So, I've had some beers, I'm not going to deny that," he said.
He also told Watson that the argument had not gotten physical and, when asked, said there had not been prior domestic incidents requiring police response to the home.
Filipiak's wife can be heard telling Watson that her husband was seeking alcohol treatment. However, she said he had left the home and come back, was "obviously drunk" that night and wouldn't leave when asked. She claimed Filipiak was being verbally abusive.
When Watson asked about prior incidents, Filipiak's wife said a report had been filed at an airport when Filipiak showed up "highly intoxicated." She asked that a preliminary breath test be done, but Watson said it wouldn't make a difference, because no crime was committed.
She indicated that she did not believe the argument would become physical, but wanted Filipiak to leave and didn't think anyone would let him stay with them.
Watson said officials would typically hope to separate a couple for the night, under the circumstances, but said Filipiak wouldn't be able to go somewhere else on his own accord.
"If he's been drinking - I mean, I can smell it on him - he definitely can't be driving," Watson said.
Filipiak indicated he would immediately go to bed.
The interaction with the couple lasted about eight minutes, according to the audio recording. The case was then closed.
Filipiak has been employed with the Washtenaw County Sheriff's Office for 21 years.
Sheriff Clayton reiterated Friday that Filipiak's actions in the November incident were "unacceptable."
"I am far from comfortable with the incident," he said. "I am far from comfortable with the situation - I'm angered, disappointed and I'm frustrated, but I am more than comfortable with the corrective response that we've put in place, given the circumstance that we had to navigate."
All aspects of employment, including time with the department, past incidents and severity of the situation, are taken into account in corrective action determinations, he said.
He said he could not comment on specific personnel issues or what action was taken in prior incidents, but said when the public or anyone is reviewing the matter, it's important to recognize opinions may differ based on the amount of information known.
"We don't ignore behavior that doesn't meet our expectations," he said. "None of us get a free pass."
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