MUSKEGON, MI -- Gerald Paul Thoma, a former Fruitport Township fire captain, has served a jail sentence and is serving a long probation term for felony drunken driving involving a videotaped motorcycle accident that seriously injured him. According to court records, Muskegon County 60th District Judge Andrew Wierengo III last month sentenced Thoma, 49, of Fruitport Township, to jail for 30 days, with credit for 30 days already served. Thoma also was placed on probation for three years, ordered to wear a SCRAM alcohol monitor for 45 days and ordered to pay $948 in fines and costs, according to court records. Thoma pleaded no contest earlier to third-offense driving while intoxicated, a felony. Most felony cases go to circuit court for plea or trial, but Thoma was referred to Wierengo’s Sobriety Court. Thoma was arraigned Oct. 2, 2012. The longtime fire captain submitted his resignation after he was charged with a crime. According to earlier reports, toxicology test results indicated he had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. July 20, 2012, in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon, authorities said. The blood-alcohol limit for driving a motor vehicle in Michigan is 0.08 percent. Thoma struck a concrete parking block while attempting the stunt, police said. A video of the accident was released to the media by the Muskegon County Prosecutor’s Office. Thoma suffered serious injuries and was hospitalized for several weeks after the crash.
JULY 20, 2012: While intoxicated, Firefighter Thoma attempted a stunt on while driving his motorcycle and without his helmet on. Thoma was seriously injured. Thoma was charged with a felony: operating while intoxicated, third offense, which was punishable up to 5 years in prison. In January 2013, Thoma pled nolo contendere to MCL 257.6256D [operating intoxicated / impaired /controlled substance, third offense. Thoma was sentenced to 3 years probation.
2003: Firefighter Gerald Thoma Jr. was charged again for opertaing a motor vehicle while impaired. It was his second DUI offense. During this incident, Thoma rammed his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there. He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the Muskegon County Jail and 24 months of probation. http://michiganoidv.blogspot.com/2003/06/fire-captain-gerald-paul-thoma-jr.html
MUSKEGON, MI -- Gerald Paul Thoma, a former Fruitport Township fire captain, has served a jail sentence and is serving a long probation term for felony drunken driving involving a videotaped motorcycle accident that seriously injured him. According to court records, Muskegon County 60th District Judge Andrew Wierengo III last month sentenced Thoma, 49, of Fruitport Township, to jail for 30 days, with credit for 30 days already served. Thoma also was placed on probation for three years, ordered to wear a SCRAM alcohol monitor for 45 days and ordered to pay $948 in fines and costs, according to court records. Thoma pleaded no contest earlier to third-offense driving while intoxicated, a felony. Most felony cases go to circuit court for plea or trial, but Thoma was referred to Wierengo’s Sobriety Court. Thoma was arraigned Oct. 2, 2012. The longtime fire captain submitted his resignation after he was charged with a crime. According to earlier reports, toxicology test results indicated he had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. July 20, 2012, in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon, authorities said. The blood-alcohol limit for driving a motor vehicle in Michigan is 0.08 percent. Thoma struck a concrete parking block while attempting the stunt, police said. A video of the accident was released to the media by the Muskegon County Prosecutor’s Office. Thoma suffered serious injuries and was hospitalized for several weeks after the crash.
MUSKEGON, MI -- The preliminary examination has been postponed for Gerald Paul Thoma, the former Fruitport Township fire captain charged with felony drunken driving involving a videotaped motorcycle accident. Thoma's hearing, originally scheduled for Monday, was adjourned to Nov. 19 at the request of defense attorney Terry J. Nolan, to allow time for the defense to get medical records. At the hearing, a Muskegon County 60th District judge will hear testimony and view evidence to decide whether the case against Thoma is strong enough to bring to trial in 14th Circuit Court. Thoma, 48, of Fruitport Township, was arraigned Oct. 2 on a charge of operating a motor vehicle while intoxicated, third offense. Thoma, a longtime fire captain, submitted his resignation last month after he was charged. Toxicology test results indicate he had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. July 20 in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon, authorities said. The blood-alcohol limit for driving a motor vehicle in Michigan is 0.08. Thoma struck a concrete parking block while attempting the stunt, police said. A video of the accident was released to the media by the Muskegon County Prosecutor’s Office. Thoma suffered serious injuries and was hospitalized for several weeks following the crash.
Fruitport Township Fire Department captain resigns on heels of criminal charge
Published: Thursday, September 27, 2012, 6:24 AM
Updated: Thursday, September 27, 2012, 8:49 AM
By Heather Lynn Peters
The Muskegon Chronicle http://www.mlive.com/news/muskegon/index.ssf/2012/09/fruitport_township_fire_depart.html FRUITPORT TOWNSHIP, MI – Gerald Paul Thoma Jr., the veteran Fruitport Township firefighter charged with third-offense drunk driving, has resigned from the fire department. Thoma, 48, a longtime Fruitport Township Fire Department captain, turned in his resignation letter Friday to Fruitport Township Supervisor Brian Werschem. On Monday the township board of trustees accepted the resignation, Werschem said. The board, not the public safety director, makes the hiring and firing decisions for the township. Thoma was charged with the five-year felony recently in connection with a July 20 motorcycle accident in which Thoma was seriously injured. It wasn’t clear Thursday whether Thoma had yet been arraigned on the charge, but a warrant was signed last week. Toxicology test results indicate Thoma had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon. The blood-alcohol limit for driving a motor vehicle in Michigan is 0.08. Thoma struck a concrete parking block while attempting the stunt, police said. A video of the accident was released to the media by the Muskegon County Prosecutor’s Office. Thoma suffered serious injuries and was hospitalized for several weeks following the crash. He was not wearing a helmet at the time of the accident, according to the Muskegon police report. Others were doing stunts in the parking lot on July 20 when Thoma tried to do a stunt himself, police said. Thoma was previously charged with operating a motor vehicle while impaired in 1985 and 2003, both in Muskegon County.
FRUITPORT TOWNSHIP, MI – The Muskegon County Prosecutor's Office has released a video showing an incident in July that injured a Fruitport Township fire captain, who was allegedly intoxicated when it occurred.
The six-second video shows Gerald Paul Thoma Jr., who has been charged with a felony, moving past another motorcyclist in an empty Office Max parking lot in the 1700 block of East Sherman Boulevard in the city of Muskegon on July 20. The video shows him falling off his bike as sparks fly. Thoma has been charged for operating while intoxicated third offense, after toxicology test results indicated that he had a blood-alcohol level of 0.10 percent. The legal blood-alcohol limit for driving a motor vehicle in Michigan is 0.08. Thoma had not been arraigned in Muskegon County 60th District Court as of Thursday evening. Police said others had been doing stunts in the parking lot that night when Thoma attempted one himself. He was seriously injured when he hit a concrete block and has only recently been released from the hospital, according to family and friends. He was not wearing a helmet at the time, according to a police report. It is unclear if the incident will affect his job at the fire department. Court records show that Thoma has previous drunk driving convictions in Muskegon County. He was charged with operating a motor vehicle while impaired in 1985 and 2003. He also pleaded guilty to misdemeanor domestic violence for punching his then-16-year-old son in the nose three times in 2007.
Gerald Paul Thoma Jr., 48, a captain with the Fruitport Township Fire Department was charged for an alleged drunken driving accident incident, depicted in this video, that happened while he was trying to do a stunt on his motorcycle in July, according to police. Thoma, shown in this video as the motorcyclist in the back, was seriously injured in the crash was just released from the hospital, according to friends and family.
MUSKEGON, Mich. (WOOD) - A Fruitport Township fire captain could spend five years behind bars if convicted of his third drunk driving charge.
A warrant for Gerald Thoma Jr. was issued, according to Muskegon County Chief Assistant Prosecutor Brett Gardner, but he has not yet been arraigned on a count of operating while intoxicated (third offense). The charge stems from a July 20 incident that happened in the parking lot of the Office Max on E. Sherman Boulevard in Muskegon.
Thoma, 48, was allegedly trying to perform a stunt on his motorcycle when he was seriously injured. He was not wearing a helmet and recovered in a hospital for more than a month. His blood-alcohol content ( BAC) level was 0.10 at the time, according to a toxicology report -- .02 higher than the legal limit in Michigan. Thoma's previous drunk driving charges were from 1985 and 2003 -- both in Muskegon County.
FRUITPORT TOWNSHIP, MI – A Fruitport Township fire captain has been charged with a felony for an alleged drunken driving incident that police say happened while he was trying to do a stunt on his motorcycle in July. Muskegon County Chief Assistant Prosecutor Brett Gardner confirmed Wednesday that a warrant has been signed for Gerald Paul Thoma Jr., 48, of the Fruitport Township Fire Department for operating while intoxicated, third offense. That’s a felony punishable up to five years in prison if convicted, Gardner said. As of late Wednesday afternoon, Thoma hadn't yet been arraigned in Muskegon County 60th District Court. Toxicology test results indicate Thoma had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. on July 20 in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon. The legal blood-alcohol limit for driving a motor vehicle in Michigan is 0.08. Thoma was seriously injured in the crash and only recently released from the hospital, according to friends and family. It wasn't clear what condition Thoma was in as of late Wednesday. He was not wearing a helmet at the time of the accident, according to the Muskegon police report. Others were doing stunts in the parking lot on July 20 when Thoma tried to do a stunt himself, police said. A woman had been on the back of Thoma’s motorcycle just prior to the crash, but wasn’t on the bike when he crashed, police said. Thoma struck a concrete parking block in the parking lot while attempting the stunt, police said. Fruitport Township Public Safety Director Ken Doctor said Wednesday that he was unaware of the charges filed against Thoma. Doctor could not say whether the charge will affect Thoma's job at the fire department. It will be up to the township board to decide whether Thoma will keep his job, Doctor said, adding that he doesn’t do the “hiring or the firing” at the fire department. “That decision will rest with the township board,” Doctor said. Thoma has had previous drunken driving convictions in Muskegon County, court records show. Thoma was previously charged with operating a motor vehicle while impaired in 1985 and 2003, both in Muskegon County. The 2003 incident occurred when Thoma rammed his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there, according to police. He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the Muskegon County Jail and 24 months of probation. In 2007 Thoma pleaded pleaded guilty to misdemeanor domestic violence for punching his then-16-year-old son in the nose three times. According to a police report, Thoma and his son got into an argument that escalated into an assault at their home. The son called 911. A judge sentenced Thoma to probation, fines, court costs and anger-management class for that offense.
MUSKEGON, MI – A longtime Fruitport Township firefighter was seriously injured Friday night while attempting a stunt on his motorcycle in the parking lot of a business along Sherman Boulevard.
Jerry Thoma Jr., 48, a captain with the Fruitport Township Fire Department, was injured shortly after 11 p.m. Friday while he was doing a “burn-out” in the parking lot of Office Max, 1700 E. Sherman Boulevard, according to authorities. He was not wearing a helmet at the time, according to the Muskegon Police report. Others were doing stunts in the parking lot and then Thoma tried to do a stunt himself, police said. A woman had been on the back of Thoma’s motorcycle just prior to the crash, but wasn’t on the bike when he crashed, police said. Thoma struck a concrete pole in the parking lot while attempting the stunt, police said. When authorities arrived to the scene a woman was holding Thoma's head and neck. He is currently at Spectrum Health in Grand Rapids. A Facebook page has been started to keep friends and family updated on his status. As of Monday morning, a friend of Thoma said he was in a coma and unable to speak. Thoma has been a Fruitport Township firefighter for 22 years, according to Fruitport Township Public Safety Director Ken Doctor.
FRUITPORT TOWNSHIP -- A Fruitport Township fire captain has pleaded guilty to misdemeanor domestic violence for punching his 16-year-old son in the nose. Gerald Paul Thoma Jr., 43, entered the plea Tuesday before 60th District Judge Michael J. Nolan. Nolan sentenced Thoma to probation, fines and costs and anger-management class. According to a police report, Thoma and his 16-year-old son got into an argument June 2 that escalated into an assault at their home at 3148 E. Pontaluna. The son called 911. Police said Thoma punched the teen in the nose three times. It's not Thoma's first criminal conviction. In June 2003, Thoma was arrested for ramming his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there. He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the county jail and 24 months of probation.
***** 257.625 THIS SECTION IS AMENDED EFFECTIVE MARCH 31, 2013: See 257.625.amended *****
257.625 Operating motor vehicle while intoxicated; operating motor vehicle when visibly impaired; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; requirements; controlled substances; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; “prior conviction” defined.
Sec. 625.
(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, "operating while intoxicated" means any of the following:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person's ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(3) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state when, due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor vehicle causes the death of another person is guilty of a crime as follows:
(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(b) If, at the time of the violation, the person is operating a motor vehicle in a manner proscribed under section 653a and causes the death of a police officer, firefighter, or other emergency response personnel, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. This subdivision applies regardless of whether the person is charged with the violation of section 653a. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(5) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor vehicle causes a serious impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(6) A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content. As used in this subsection, "any bodily alcohol content" means either of the following:
(a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
(7) A person, whether licensed or not, is subject to the following requirements:
(a) He or she shall not operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a crime punishable as follows:
(i) Except as provided in subparagraph (ii), a person who violates this subdivision is guilty of a misdemeanor and shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.
(B) Community service for not less than 30 days or more than 90 days.
(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:
(A) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
(B) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.
(b) He or she shall not operate a vehicle in violation of subsection (6) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows:
(i) Except as provided in subparagraph (ii), a person who violates this subdivision may be sentenced to 1 or more of the following:
(A) Community service for not more than 60 days.
(B) A fine of not more than $500.00.
(C) Imprisonment for not more than 93 days.
(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.
(B) Community service for not less than 30 days or more than 90 days.
(c) In the judgment of sentence under subdivision (a)(i) or (b)(i), the court may, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (a)(ii) or (b)(ii), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.
(d) This subsection does not prohibit a person from being charged with, convicted of, or punished for a violation of subsection (4) or (5) that is committed by the person while violating this subsection. However, points shall not be assessed under section 320a for both a violation of subsection (4) or (5) and a violation of this subsection for conduct arising out of the same transaction.
(8) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.
(9) If a person is convicted of violating subsection (1) or (8), all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating subsection (1)(c), imprisonment for not more than 180 days.
(iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating subsection (1)(c), a fine of not less than $200.00 or more than $700.00.
(b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
(ii) Community service for not less than 30 days or more than 90 days.
(c) If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:
(i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
(ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
(d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.
(e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.
(f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.
(10) A person who is convicted of violating subsection (2) is guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100.00 or more than $500.00, or both.
(b) If the person operating the motor vehicle violated subsection (4), a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,500.00 or more than $10,000.00, or both.
(c) If the person operating the motor vehicle violated subsection (5), a felony punishable by imprisonment for not more than 2 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.
(11) If a person is convicted of violating subsection (3), all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not more than $300.00.
(b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00, and 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
(ii) Community service for not less than 30 days or more than 90 days.
(c) If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and either of the following:
(i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
(ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
(d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.
(e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.
(f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.
(12) If a person is convicted of violating subsection (6), all of the following apply:
(a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following:
(i) Community service for not more than 360 hours.
(ii) A fine of not more than $250.00.
(b) If the violation occurs within 7 years of 1 or more prior convictions, the person may be sentenced to 1 or more of the following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.00.
(iii) Imprisonment for not more than 93 days.
(13) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.
(14) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(15) If the prosecuting attorney intends to seek an enhanced sentence under this section or a sanction under section 625n based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in district court, circuit court, municipal court, or family division of circuit court, a statement listing the defendant's prior convictions.
(16) If a person is charged with a violation of subsection (1), (3), (4), (5), (7), or (8) or section 625m, the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (6) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.
(17) A prior conviction shall be established at sentencing by 1 or more of the following:
(a) A copy of a judgment of conviction.
(b) An abstract of conviction.
(c) A transcript of a prior trial or a plea-taking or sentencing proceeding.
(d) A copy of a court register of actions.
(e) A copy of the defendant's driving record.
(f) Information contained in a presentence report.
(g) An admission by the defendant.
(18) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of alcoholic liquor and a controlled substance in violation of subsection (1) or a local ordinance substantially corresponding to subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of alcoholic liquor and a controlled substance at the time of the violation.
(19) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance in violation of subsection (3) or a local ordinance substantially corresponding to subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance, the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.
(20) A special verdict described in subsections (18) and (19) is not required if a jury is instructed to make a finding solely as to either of the following:
(a) Whether the defendant was under the influence of a controlled substance or a combination of alcoholic liquor and a controlled substance at the time of the violation.
(b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance at the time of the violation.
(21) If a jury or court finds under subsection (18), (19), or (20) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and an alcoholic liquor, the court shall do both of the following:
(a) Report the finding to the secretary of state.
(b) On a form or forms prescribed by the state court administrator, forward to the department of state police a record that specifies the penalties imposed by the court, including any term of imprisonment, and any sanction imposed under section 625n or 904d.
(22) Except as otherwise provided by law, a record described in subsection (21)(b) is a public record and the department of state police shall retain the information contained on that record for not less than 7 years.
(23) In a prosecution for a violation of subsection (6), the defendant bears the burden of proving that the consumption of alcoholic liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
(24) The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under sections 625k and 625l.
(25) Subject to subsection (27), as used in this section, "prior conviction" means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(a) Except as provided in subsection (26), a violation or attempted violation of any of the following:
(i) This section, except a violation of subsection (2), or a violation of any prior enactment of this section in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(c) Section 601d or 626(3) or (4).
(26) Except for purposes of the enhancement described in subsection (12)(b), only 1 violation or attempted violation of subsection (6), a local ordinance substantially corresponding to subsection (6), or a law of another state substantially corresponding to subsection (6) may be used as a prior conviction.
(27) If 2 or more convictions described in subsection (25) are convictions for violations arising out of the same transaction, only 1 conviction shall be used to determine whether the person has a prior conviction.
Compiler's Notes: Section 2 of Act 309 of 1982 provides: “All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or initiated before the effective date of this amendatory act, or initiated after the effective date of this amendatory act for an offense committed before that effective date.”
FRUITPORT TOWNSHIP -- A Fruitport Township fire captain has pleaded guilty to misdemeanor domestic violence for punching his 16-year-old son in the nose. Gerald Paul Thoma Jr., 43, entered the plea Tuesday before 60th District Judge Michael J. Nolan. Nolan sentenced Thoma to probation, fines and costs and anger-management class. According to a police report, Thoma and his 16-year-old son got into an argument June 2 that escalated into an assault at their home at 3148 E. Pontaluna. The son called 911. Police said Thoma punched the teen in the nose three times. It's not Thoma's first criminal conviction. In June 2003, Thoma was arrested for ramming his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there. He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the county jail and 24 months of probation.
A Fruitport Township fire captain convicted of assaulting his son will keep his job as long as he completes anger management classes, according to the fire chief. "He continues to work with the department," Fire Chief Ken Doctor said Wednesday. Jerry Thoma Jr., 43, pleaded guilty last week to the misdemeanor domestic assault charge and was sentenced to anger management classes, probation and fines and costs. The assault stemmed from a June incident involving his 16-year-old son. Police arrested Thoma June 2 after they said he punched his son in the nose three times at their home at 3148 E. Pontaluna following a heated argument. Township officials decided they wouldn't review his job status until after his sentencing. On Monday, the township board of trustees held a closed session -- requested by Thoma -- to review the issue. Thoma was not present, but Doctor was. Doctor said Thoma will remain on the job as long as he "successfully completes the court's requirements."
A Fruitport Township fire captain with a criminal record has been charged with domestic assault for allegedly punching his 16-year-old son.
Gerald Paul Thoma Jr., 43, was charged with the misdemeanor stemming from a June 2 incident in which he is accused of punching his son in the face during an argument. Fire Chief Ken Doctor said Thursday that Thoma, who has been on the department for more than 20 years, is not suspended from his job and will continue to work as a fire captain on a full-time basis "for now." He declined further comment. According to the police report, Thoma and his son got into an argument just before 11 p.m. that escalated into an alleged assault at their home at 3148 E. Pontaluna. The argument apparently was over whether the son could go to a skate park with friends, said Police Chief Paul Smutz. Thoma's wife, Geraldine Thoma, told police she was at the home when the incident occurred but did not witness it, Smutz said. The son called 911. The veteran fire captain -- who is 6 feet 1 inch tall, and weighs 230 pounds -- is accused of punching the teen in the nose three times, Smutz said. When officers arrived at the scene, "they saw blood coming from (the son's) nose, and it was swollen," Smutz said. Township Supervisor Ron Cooper said Thoma's job is not in jeopardy at this time because he is "not convicted of anything.""If he is found to be guilty, then that could have an effect on his job," Cooper said. "I don't see why we would take a man's job away from him because he's been accused of something." Cooper said he had not read the police report."It's an accusation," he said of the punching allegations."The kid may have fallen on the floor, for all I know. It's a domestic thing. It's a discipline thing." It was not clear whether the teen indicated he wanted to press charges against his father, but in domestic assault cases, if there is physical evidence to support it "an arrest has to happen," Smutz said. Thoma was arrested and lodged the same night in the Muskegon County Jail. A jury trial is slated for 9 a.m. Aug. 20 in 14th Circuit Court. Thoma's June 2 arrest came about four years after his last run-in with the law. In June 2003, Thoma was charged with a five-year felony for malicious destruction of a building causing more than $1,000 in damages. Connie Smith, who was township supervisor at the time, did not take the incident lightly. Thoma was placed on a 30-day unpaid suspension and had to sign a "last chance agreement" to keep his jobThe agreement indicated Thoma couldn't use illegal substances or alcohol or become involved in any criminal activities for the "lifetime of his career" at the Fruitport Township Fire Department. It also required Thoma to continue a substance abuse treatment program he began after the June 14, 2003, incident. Cooper said he has looked at that agreement, but other township officials agreed no action should be taken at this time. Thoma was arrested for ramming his Dodge truck into an acquaintance's house at 1479 S. Mill Iron in Muskegon Township. He also rammed the acquaintance's vehicle that night and returned to the same home days later to offer the victim money to "settle the matter" to reduce his criminal charge, police said. Thoma pleaded no contest to two misdemeanors: operating a vehicle while impaired and malicious destruction of property causing $200 or more in damages stemming from that incident. He was sentenced to 45 days in the county jail and 24 months of probation and was ordered to pay court costs and fines.
June 02, 2007: Firefighter Gerald Thoma Jr. , Fruitport Fire DepartmentAfter Firefighter Gerald Thoma was arrested for punching his teenage son in the face/nose, Fruitport Township Supervisor Ron Cooper (on the right in this photo) defended Thoma. "The kid may have fallen on the floor for all I know. It's a domestic thing. It's a discipline thing," Cooper stated, in making it clear to the public that Thoma's job was not at jepordy.Fruitport Fire Department Fire Chief Kenneth A. Doctor along with Township Supervisor Cooper refused to reprimand/ suspend / or dismiss Firefighter Thoma from the department, following Thoma's arrest for assaulting his son. Although Thoma had signed a "Last Chance Agreement" with the department a few years prior (due to a previous run in with the law), Fire Chief Kenneth Doctor refused to hold Firefighter Thoma to that agreement after his latest dv arrest.
June 02, 2007: Firefighter Gerald Thoma Jr., Fruitport Township Fire Department Original Charge: Misdemeanor domestic violence.
Sentence: Plea agreement. Pled guilty to misdemeanor domestic violence. Sentenced to probation, fines and costs and anger-management class.
Employment status: Violated the "Last Chance Agreement" he signed with the City after his 2003 arrest by violating a criminal law. City officials made it clear after Thoma's 2007 arrest that they were not going to fire him for the domestic violence crime.
A Fruitport Township fire captain with a criminal record has been charged with domestic assault for allegedly punching his 16-year-old son.
Gerald Paul Thoma Jr., 43, was charged with the misdemeanor stemming from a June 2 incident in which he is accused of punching his son in the face during an argument.
Fire Chief Ken Doctor said Thursday that Thoma, who has been on the department for more than 20 years, is not suspended from his job and will continue to work as a fire captain on a full-time basis "for now." He declined further comment.
According to the police report, Thoma and his son got into an argument just before 11 p.m. that escalated into an alleged assault at their home at 3148 E. Pontaluna. The argument apparently was over whether the son could go to a skate park with friends, said Police Chief Paul Smutz.
Thoma's wife, Geraldine Thoma, told police she was at the home when the incident occurred but did not witness it, Smutz said.
The son called 911. The veteran fire captain -- who is 6 feet 1 inch tall, and weighs 230 pounds -- is accused of punching the teen in the nose three times, Smutz said. When officers arrived at the scene, "they saw blood coming from (the son's) nose, and it was swollen," Smutz said.
Township Supervisor Ron Cooper said Thoma's job is not in jeopardy at this time because he is "not convicted of anything.""If he is found to be guilty, then that could have an effect on his job," Cooper said. "I don't see why we would take a man's job away from him because he's been accused of something."
Cooper said he had not read the police report."It's an accusation," he said of the punching allegations."The kid may have fallen on the floor, for all I know. It's a domestic thing. It's a discipline thing."
It was not clear whether the teen indicated he wanted to press charges against his father, but in domestic assault cases, if there is physical evidence to support it "an arrest has to happen," Smutz said.
Thoma was arrested and lodged the same night in the Muskegon County Jail.
A jury trial is slated for 9 a.m. Aug. 20 in 14th Circuit Court. Thoma's June 2 arrest came about four years after his last run-in with the law. In June 2003, Thoma was charged with a five-year felony for malicious destruction of a building causing more than $1,000 in damages.
Connie Smith, who was township supervisor at the time, did not take the incident lightly. Thoma was placed on a 30-day unpaid suspension and had to sign a "last chance agreement" to keep his jobThe agreement indicated Thoma couldn't use illegal substances or alcohol or become involved in any criminal activities for the "lifetime of his career" at the Fruitport Township Fire Department.
It also required Thoma to continue a substance abuse treatment program he began after the June 14, 2003, incident.
Cooper said he has looked at that agreement, but other township officials agreed no action should be taken at this time. Thoma was arrested for ramming his Dodge truck into an acquaintance's house at 1479 S. Mill Iron in Muskegon Township. He also rammed the acquaintance's vehicle that night and returned to the same home days later to offer the victim money to "settle the matter" to reduce his criminal charge, police said.
Thoma pleaded no contest to two misdemeanors: operating a vehicle while impaired and malicious destruction of property causing $200 or more in damages stemming from that incident. He was sentenced to 45 days in the county jail and 24 months of probation and was ordered to pay court costs and fines.
Fire captain pleads to domestic violence charge
Posted by mlive.com
From local reports
October 11, 2007 01:27AM http://blog.mlive.com/chronicle/2007/10/fire_captain_pleads_to_domesti.html FRUITPORT TOWNSHIP -- A Fruitport Township fire captain has pleaded guilty to misdemeanor domestic violence for punching his 16-year-old son in the nose.
Gerald Paul Thoma Jr., 43, entered the plea Tuesday before 60th District Judge Michael J. Nolan. Nolan sentenced Thoma to probation, fines and costs and anger-management class.
According to a police report, Thoma and his 16-year-old son got into an argument June 2 that escalated into an assault at their home at 3148 E. Pontaluna. The son called 911.
Police said Thoma punched the teen in the nose three times. It's not Thoma's first criminal conviction. In June 2003, Thoma was arrested for ramming his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there. He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the county jail and 24 months of probation.
Fireman's job depends on anger management
Posted by Heather L. VanDyke
October 24, 2007 22:32PM http://blog.mlive.com/chronicle/2007/10/firemans_job_depends_on_anger.html
A Fruitport Township fire captain convicted of assaulting his son will keep his job as long as he completes anger management classes, according to the fire chief. "He continues to work with the department," Fire Chief Ken Doctor said Wednesday.
Jerry Thoma Jr., 43, pleaded guilty last week to the misdemeanor domestic assault charge and was sentenced to anger management classes, probation and fines and costs.
The assault stemmed from a June incident involving his 16-year-old son. Police arrested Thoma June 2 after they said he punched his son in the nose three times at their home at 3148 E. Pontaluna following a heated argument.
Township officials decided they wouldn't review his job status until after his sentencing.
On Monday, the township board of trustees held a closed session -- requested by Thoma -- to review the issue. Thoma was not present, but Doctor was. Doctor said Thoma will remain on the job as long as he "successfully completes the court's requirements."
MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE
Fire Captain Gerald Paul Thoma Jr. [Fruitport Township FD]
Original Charges: Charged with felony malicious destruction of a building. June 2003. Sentence: Plea bargain. Pleaded no contest to two misdemeanors: operating a vehicle while impaired and malicious destruction of property causing $200 or more in damages stemming from that incident. He was sentenced to 45 days in the county jail and 24 months of probation Reprimand from City of Fruitport/ FD: Placed on a 30-day unpaid suspension and had to sign a "last chance agreement" to keep his job. The agreement indicated Thoma couldn't use illegal substances or alcohol or become involved in any criminal activities for the "lifetime of his career" at the Fruitport Township Fire Department.
A Fruitport Township fire captain with a criminal record has been charged with domestic assault for allegedly punching his 16-year-old son. Gerald Paul Thoma Jr., 43, was charged with the misdemeanor stemming from a June 2 incident in which he is accused of punching his son in the face during an argument. Fire Chief Ken Doctor said Thursday that Thoma, who has been on the department for more than 20 years, is not suspended from his job and will continue to work as a fire captain on a full-time basis "for now." He declined further comment. According to the police report, Thoma and his son got into an argument just before 11 p.m. that escalated into an alleged assault at their home at 3148 E. Pontaluna. The argument apparently was over whether the son could go to a skate park with friends, said Police Chief Paul Smutz. Thoma's wife, Geraldine Thoma, told police she was at the home when the incident occurred but did not witness it, Smutz said. The son called 911. The veteran fire captain -- who is 6 feet 1 inch tall, and weighs 230 pounds -- is accused of punching the teen in the nose three times, Smutz said. When officers arrived at the scene, "they saw blood coming from (the son's) nose, and it was swollen," Smutz said. Township Supervisor Ron Cooper said Thoma's job is not in jeopardy at this time because he is "not convicted of anything.""If he is found to be guilty, then that could have an effect on his job," Cooper said. "I don't see why we would take a man's job away from him because he's been accused of something." Cooper said he had not read the police report."It's an accusation," he said of the punching allegations. "The kid may have fallen on the floor, for all I know. It's a domestic thing. It's a discipline thing."It was not clear whether the teen indicated he wanted to press charges against his father, but in domestic assault cases, if there is physical evidence to support it "an arrest has to happen," Smutz said. Thoma was arrested and lodged the same night in the Muskegon County Jail. A jury trial is slated for 9 a.m. Aug. 20 in 14th Circuit Court. Thoma's June 2 arrest came about four years after his last run-in with the law. In June 2003, Thoma was charged with a five-year felony for malicious destruction of a building causing more than $1,000 in damages. Connie Smith, who was township supervisor at the time, did not take the incident lightly. Thoma was placed on a 30-day unpaid suspension and had to sign a "last chance agreement" to keep his job. The agreement indicated Thoma couldn't use illegal substances or alcohol or become involved in any criminal activities for the "lifetime of his career" at the Fruitport Township Fire Department. It also required Thoma to continue a substance abuse treatment program he began after the June 14, 2003, incident. Cooper said he has looked at that agreement, but other township officials agreed no action should be taken at this time. Thoma was arrested for ramming his Dodge truck into an acquaintance's house at 1479 S. Mill Iron in Muskegon Township. He also rammed the acquaintance's vehicle that night and returned to the same home days later to offer the victim money to "settle the matter" to reduce his criminal charge, police said. Thoma pleaded no contest to two misdemeanors: operating a vehicle while impaired and malicious destruction of property causing $200 or more in damages stemming from that incident. He was sentenced to 45 days in the county jail and 24 months of probation and was ordered to pay court costs and fines.
