FYI: Under MCL 722.623 law enforcement officers are LEGALLY MANDATED to report an act of child abuse/suspected child abuse. PERIOD!
Judge: No separate trials for accused Warren ex-cop
Macomb Daily
Macomb Daily
Nov 13, 2014
https://www.macombdaily.com/news/nation-world-news/judge-no-separate-trials-for-accused-warren-ex-cop/article_619788c3-0ce7-5d24-9c13-81221140aede.html
A fired Warren police commander will not get separate jury trials on charges of assaulting a man and retaliating two months later against a fellow officer who reported the alleged confrontation, a judge ruled Thursday.
Former patrol sergeant Arthur Gill's lawyer, however, plans to appeal 37th District Judge Matthew Sabaugh's decision.
'We believe that due process requires Art Gill to have separate trials,' defense attorney Steven Kaplan said. 'We were hopeful that the judge would grant him separate trials for the two different alleged incidents. We believe the Circuit Court is likely to grant our relief.'
Gill faces three misdemeanor charges: assault or assault and battery; false report of a misdemeanor; and intentional filing of a false report of child abuse. Each offense is punishable by up to 93 days in jail.
The charges are rooted in a January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads.
Gill ordered Carlton Torres from the home to the porch where he 'asked Mr. Torres something about some dogs,' according to a lawsuit filed against Gill by Torres. 'Then without warning, provocation or justification, Gill slugged Mr. Torres in the chest with his fist,' the lawsuit states.
Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. After reviewing police reports, the Macomb County Prosecutor's Office refused to issue any charges against Torres for the incident.
Torres says Gill lied on a police report by saying that Torres 'swatted my right hand from him' before striking Torres in the chest, according to the lawsuit, filed in U.S. District Court in Detroit.
Torres' version was backed by Warren police officer Anwar Khan, who was at the scene.
Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against the officer to Child Protective Services.
Kaplan believes evidence would be prejudicial if applied by one jury weighing Gill's fate on all three counts.
Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when Police Commissioner Jere Green fired him in April.
Gill has told The Macomb Daily the charges are 'retribution' for complaints he has made in the Warren Police Department over the years.
A Circuit Court decision on whether Gill should receive separate trials may not come for another 90 days, Kaplan said. Another hearing in district court is expected to be held before then. A jury trial is scheduled for March 16, 2015.
The charges are a blemish on his Gill's reputation, said Kaplan, a former assistant Macomb County prosecutor.
'He does miss police work,' Kaplan said. 'He was a successful command officer. He wishes to
return to his vocation.' Gill's wife also works as a Warren police officer. She returned to work last week after giving birth eight weeks ago, Kaplan said.
Torres' civil lawsuit accuses Gill of excessive force, unlawful arrest and assault. He claims he suffered scrapes and bruises, humiliation, embarrassment, mental anguish, humiliation, outrage, and also indignity of being arrested and incarcerated for something he did not commit.
https://www.macombdaily.com/news/nation-world-news/judge-no-separate-trials-for-accused-warren-ex-cop/article_619788c3-0ce7-5d24-9c13-81221140aede.html
A fired Warren police commander will not get separate jury trials on charges of assaulting a man and retaliating two months later against a fellow officer who reported the alleged confrontation, a judge ruled Thursday.
Former patrol sergeant Arthur Gill's lawyer, however, plans to appeal 37th District Judge Matthew Sabaugh's decision.
'We believe that due process requires Art Gill to have separate trials,' defense attorney Steven Kaplan said. 'We were hopeful that the judge would grant him separate trials for the two different alleged incidents. We believe the Circuit Court is likely to grant our relief.'
Gill faces three misdemeanor charges: assault or assault and battery; false report of a misdemeanor; and intentional filing of a false report of child abuse. Each offense is punishable by up to 93 days in jail.
The charges are rooted in a January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads.
Gill ordered Carlton Torres from the home to the porch where he 'asked Mr. Torres something about some dogs,' according to a lawsuit filed against Gill by Torres. 'Then without warning, provocation or justification, Gill slugged Mr. Torres in the chest with his fist,' the lawsuit states.
Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. After reviewing police reports, the Macomb County Prosecutor's Office refused to issue any charges against Torres for the incident.
Torres says Gill lied on a police report by saying that Torres 'swatted my right hand from him' before striking Torres in the chest, according to the lawsuit, filed in U.S. District Court in Detroit.
Torres' version was backed by Warren police officer Anwar Khan, who was at the scene.
Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against the officer to Child Protective Services.
Kaplan believes evidence would be prejudicial if applied by one jury weighing Gill's fate on all three counts.
Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when Police Commissioner Jere Green fired him in April.
Gill has told The Macomb Daily the charges are 'retribution' for complaints he has made in the Warren Police Department over the years.
A Circuit Court decision on whether Gill should receive separate trials may not come for another 90 days, Kaplan said. Another hearing in district court is expected to be held before then. A jury trial is scheduled for March 16, 2015.
The charges are a blemish on his Gill's reputation, said Kaplan, a former assistant Macomb County prosecutor.
'He does miss police work,' Kaplan said. 'He was a successful command officer. He wishes to
return to his vocation.' Gill's wife also works as a Warren police officer. She returned to work last week after giving birth eight weeks ago, Kaplan said.
Torres' civil lawsuit accuses Gill of excessive force, unlawful arrest and assault. He claims he suffered scrapes and bruises, humiliation, embarrassment, mental anguish, humiliation, outrage, and also indignity of being arrested and incarcerated for something he did not commit.
Former Warren cop jailed for allegedly threatening psychologist
Macomb Daily
Jun 14, 2019
A former Warren police commander is being held in jail in lieu of a $1 million bond accused of threatening a potential witness in his criminal case, according to a media report.
Arthur Gill, 54, was jailed Wednesday by a St. Clair Shores judge in connection with his criminal case in which he is accused of assaulting a man while working as a Warren cop and retaliating against a fellow officer who witnessed the incident by making false report with state Child Protective Services.
Gill’s criminal case dates to 2014, and the case at one point was transferred to 40th District Court in St. Clair Shores.
Last weekend, Gill showed up at a psychologist's office in Birmingham and threatened the doctor, who is set to testify in his case, according to the report aired by WJBK-TV (Fox 2). Macomb County Prosecutor Eric Smith, who has yet to respond to inquiries from The Macomb Daily about the case, said in the report also found on the TV news station's website that Gill told the psychologist, "Your reputation is going to be ruined" and "nothing good is going to come out of this.”
Gill appeared in district court for intimidating witnesses and violating his bond, which was reset at $1 million.
The case dates back to January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads. Gill is accused of punching Carlton Torres in the chest “without warning, provocation or justification,” according to a federal lawsuit by Torres.
Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. The county Prosecutor's Office refused to issue any charges against Torres.
Torres says Gill lied on a police report by saying that Torres “swatted my right hand from him” before striking Torres in the chest, according to the lawsuit. Torres' version was backed by Warren police officer Anwar Khan, who was at the scene. Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against him to Child Protective Services.
Torres' lawsuit was voluntarily dismissed in 2015, according to court records.
Gill is charged with assault and battery, filing a false police report and filing a false report of child abuse, all misdemeanors. His trial was scheduled to start Monday but will be delayed, the report says.
Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when then-police commissioner Jere Green fired him in April 2014.
Gill has told The Macomb Daily the charges are “retribution” for complaints he has made in the Warren Police Department over the years.
Felony assault charge dropped against suspended Warren police officer
Macomb Daily
Aug 12, 2020
A felony charge was dismissed from the criminal case against a suspended Warren police officer who still faces four misdemeanors for a recent incident at his Washington Township home.
Judge Denis LeDuc of 42 Court in Romeo on Wednesday dismissed a charge of assault with a dangerous weapon against Anwar Khan, 48, who was accused of pointing a gun at his ex-wife’s boyfriend, Stephen Wright. The incident occurred during an altercation July 4 outside of Khan’s Washington Township home.
The dismissal came following a preliminary examination for the lone felony charge against Khan.
“The judge said he found the complaining witness’s testimony not credible,” said Khan’s attorney, John Dakmak. “There was conflicting statements about how the gun was use and the type of gun used.”
Wright gave two statements to police prior to his testimony.
The hearing was held remotely by video.
The assistant Macomb County prosecutor handling the case could not be immediately reached for comment Wednesday.
Wright claimed Khan punched and pointed a gun at him that morning after he went outside to find his teenage daughter in a wooded area with Wright and another man.
Khan denies he had a gun when he went to confront Wright and the second man, who ran away, Dakmak said.
LeDuc agreed to add a misdemeanor assault-and-battery charge against Khan for the alleged punch. Khan still faces two domestic assault charges for allegedly assaulting his wife and daughter around the same time. He also faces a misdemeanor for refusing to provide a DNA sample.
A pretrial in the case is set for Sept. 15.
Khan’s divorce from his wife, Melissa, was finalized in January, and he has custody of their three children, Dakmak said. Khan’s wife typically lives separately but was staying there for the weekend to visit her children, he said.
Khan, a 20-year police veteran, is on unpaid administrative leave from the Warren Police Department, Dakmak added.
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