GRAND HAVEN - He used his uniform to get sex acts from women he swore to protect and Monday a judge sentenced former Grand Haven Public Safety Officer Tom Carey to 60 days in jail.
In court, Carey apologized to the community.
Carey faced a maximum of 11 years behind bars but struck a plea deal months ago.
The former officer resigned back in August. He admitted to affairs with two women in Grand Haven, one age 43, one 67.
One of the relationships lasted several years.
He built their trust, getting the women to perform oral sex on him.
Carey told the judge he accepts the responsibility of what he's done.
"I apologize to the victims, my family, my profession, and my community," said Carey. "I will continue to work on issues in my life that caused me to make some wrong choices in my life."
The prosecutor says the sex was consensual. These women were not vulnerable according to the letter of the law, but they did have psychological issues.
"The offense that you committed is because you wore a uniform, you were a police officer," said Judge Calvin Bosman.
Carey will spend 60 days in jail, be on probation for two years, and do 150 hours of community service.
Prosecutor William Forsyth, brought in from Kent County, said he thought about pinning Carey with more severe charges, but he didn't want to risk losing a jury trial.
Part of that means Carey will not be put on the sex offender registry. But he'll also never be allowed to serve and protect.
"First and foremost in my mind," said Forsyth. "I wanted to make sure he wasn't a police officer again."
One element that may have played a role in Carey's sentencing is mentioned in the sentencing memorandum: the "personal loss and tragedy" felt by Carey after the death of his partner Scott Flahive 15 years ago that still follows him around like a "shadow and spectre."
Carey was a decorated officer and a volunteer..
There was criticism of Carey receiving preferential treatment.
He was brought into court last month at the end of the day, charged, and allowed to plea in one day.
"Call it what you want, I don't practice law in this county," said Forsyth. "I don't want to make three or four trips over here if I don't have to. We agreed to what the plea was going to be ahead of time, unlike Kent County, you can't walk into the arraignment and plead guilty."
Forsyth said that's normal when a special prosecutor is brought in.
None of the victims spoke in court.
A former Grand Haven police officer was sentenced to a combination of probation, jailtime, community service and fines this morning for using his position for oral sex.
Thomas Carey, the former K-9 officer for the Grand Haven Department of Public Safety, was sentenced to serve 60 days in jail, with one day credited for time served, 24 months probation, 150 hours of community service, and was ordered to pay $645 in fines in 20th Circuit Court.
Carey, 46, a 20-year veteran of the Department of Public Safety, pleaded no contest to one count of gross indecency between male and female, and one count of misconduct in office — both five-year felonies — in Ottawa County's 58th District Court on Sept. 3.
The charges followed an investigation by the Michigan State Police that was conducted in late May and early June. According to Grand Haven Public Safety Director Dennis Edwards, he requested the investigation after a member of the community brought the allegations against Carey.
The case was then transferred to the Kent County Prosecutor's office to avoid a potential conflict of interest.
Court documents later revealed that Carey had used his position as an officer to receive oral sex from two women over a period of several years.
According to the 20th Circuit Court transcript for Tom Carey's plea proceeding before Judge Calvin Bosman, the acts occurred while Carey was investigating certain complaints by the two women, and were performed "under the pretense of furthering those investigations, and showing care and concern, and while dressed as a police officer and holding himself to be a police officer."
Carey resigned from the Department of Public Safety in mid-August after the allegations against him were first brought to light.
Former GH officer to be sentenced MondayWZZM 13 ONLINE
Updated:10/31/2009 3:39:19 PM
Posted: 10/31/2009 3:38:27 PM
http://www.wzzm13.com/news/story.aspx?storyid=115272&catid=14
BY BRIAN KEILEN, bkeilen@grandhaventribune.com) - Former Grand Haven public safety Officer Tom Carey will be sentenced on two felony counts on Monday in Ottawa County 20th Circuit Court.
Carey, 46, pleaded no contest to one count of gross indecency between male and female, and one count of misconduct in office - both five-year felonies - in September.
The charges against Carey came after an investigation by State Police. The investigation was conducted at the request of Grand Haven Department of Public Safety Director Dennis Edwards after a member of the community brought allegations against Carey.
It was later revealed through court documents that Carey used his position as a police officer to receive oral sex from two women over a period of several years.
The State Police investigation began early this past summer.
Carey, a 20-year veteran of the Grand Haven department, resigned in August after the allegations against him surfaced.
Carey served as the department's K-9 officer for a number of years. He was honored as the department's Officer of the Year in 1999. He was also known as a supporter of the Michigan Special Olympics and helped organize a golf outing for slain GHDPS Officer Scott Flahive.
GRAND HAVEN, Mich. (WOOD) - A former Grand Haven police officer lost his job and could lose his freedom for his on-duty sexual encounters, but one of his victims says she can't understand why his name won't appear on the state's sex offender registry.
Carey pleaded no contest to misconduct in office and gross indecency, the same kind of charge two consenting adults would face for having sex in public.First-degree sexual assault carries a maximum sentence of life in prison; the most he can get now is 5 years.
Rominger said the officer agreed to gross indecency because it's not among the charges that land people on the sex offender list.
The 43-year-old victim said Carey first targeted her in early 2008, when she called police to report a suspicious person. Officer Carey -- the city's K-9 handler -- responded.
"I'd seen this cop before," she told 24 Hour News 8. "I've had other incidents and he was, you know, I could tell he had a crush on me, you know, that he liked me."
She had been diagnosed with mental health problems -- major depression, a dependent personality -- and other health issues, including insulin dependent diabetes, state police records show.
The officer was especially nice, the woman told police. He hugged her, told her a shower would make her feel better.
An hour or so later, he returned, providing more comfort, she said.
"He was holding me, rubbing my back," she said.
Then, the visits became regular -- Carey tapping on her window late at night, within view of the Grand Haven police headquarters.
Once, he appeared suddenly, in uniform, in her bedroom at 2 or 3 a.m, standing in the dark, she told police.
She couldn't undertand why his bosses didn't know.
"It's evident, I mean he come knocking on my bedroom window at 1 o'clock in the morning," she said. "I mean, how can you hide, you know, a police officer, you know, in his uniform, dressed, banging on someone's bedroom window?"
She felt obligated, she told police, to give him what he wanted: Oral sex -- up to a dozen times during the course of 14 months, almost always while he was in uniform and with a gun on his belt.
Each incident "was pretty much the same," lasting 15 to 20 minutes, and "when he was done, he would leave," the woman told police. He never used force or threatened her, she said.
He called her "his girl," and told her, "You want it, don't you?" she told police.
"When asked why she didn't resist or say no, (her) response was she felt she had to and that he was a figure of authority, a police officer," wrote the state police detective who interviewed the woman.
"He has a gun," the woman told 24 Hour News 8. "I asked him one time: What would happen if his gun was to go off? I said, then you've got some explaining to do."
The victim kept the secret until March 2009, when she told her psychiatrist and her Ottawa County Mental Health caseworker, reports show. The allegations reached Grand Haven Public Safety Chief Dennis Edwards, who asked state police to investigate.
"I blame myself," the woman said. "I mean, I could have said no, but what do you say? He's a cop."
Carey denied the allegations when he met with a state police sergeant on June 4 at the Grand Haven Municipal Marina. The frequent visits with the woman, he said, were good public relations.
State police interviewed neighbors, who thought the officer's frequent visits were to check on the woman.
They also searched Carey's police locker and his Grand Haven Township home. It appears they found no evidence of sexual assault. Among the evidence they sought: Green or blue men's bikini underwear described by the victim.
But it was another detail the victim described -- a blue, oval tattoo -- that convinced state police she wasn't making it up.
State police got a search warrant for Carey's body. And, there it was -- a tattoo.
3rd woman alleges Grand Haven cop sex
Incident happened in 2004Updated: Tuesday, 22 Sep 2009, 2:14 PM EDT
Published : Tuesday, 22 Sep 2009, 10:55 AM EDT
http://www.woodtv.com/dpp/news/local/ottawa_county/3rd_woman_alleges_Grand_Haven_cop_sex
GRAND HAVEN, Mich. (WOOD) - A third woman has come forward in a case of sexual misconduct against a former Grand Haven Public Safety officer.
On September 3, Thomas Carey pleaded no contest to charges of misconduct in office and gross indecency between a male and a female and was released on a $5,000 personal recognizance bond after his arraignment. Carey said he pleaded to avoid a civil lawsuit.
In this alleged incident, the woman said Carey, at the time a uniformed officer, used influence to have sex with her in 2004. She made a complaint to the Grand Haven police after seeing the other incidents reported on television.
A Michigan State Police spokesperson told 24 Hour News 8 this incident was forwarded to the Kent County prosecutor to determine if charges are warranted. The prosecutor previously said in court Carey's plea agreement only applied to the two women in the original case.
The Kent County prosecutor is handling this case to avoid any conflict of interest in Ottawa County.
24 Hour News 8 will continue to follow this story.
Transcripts: Former officer used women for sexual favorsSat, Sep 5, 2009
BY BRIAN KEILEN
bkeilen@grandhaventribune.com
http://www.grandhaventribune.com/paid/307137866534730.bsp
A former Grand Haven Department of Public Safety officer who was arrested and charged with two felonies Thursday used his position to receive oral sex from two women over a period of several years, court documents show.
According to the 20th Circuit Court transcript for Tom Carey's plea proceeding before Judge Calvin Bosman, the acts occurred while Carey was investigating certain complaints by the two women, and were performed "under the pretense of furthering those investigations, and showing care and concern, and while dressed as a police officer and holding himself to be a police officer."
The transcripts also note that the acts took place "in locations where it is possible that an unsuspecting public could be exposed to view the act" between March 1, 2005, and Feb. 29, 2009.
Carey, 46, pleaded no contest to one count of gross indecency between male and female, and one count of misconduct in office — both five-year felonies. His sentencing has been scheduled for Nov. 2.
According to the transcripts, a plea deal was reached where no more charges will be brought against Carey in exchange for the plea.Carey also agreed to surrender his certification as a police officer. The 20-year veteran of the Grand Haven Department of Public Safety resigned from his job in mid-August.
No further charges would be brought in respect to the two victims, according to the court transcripts, but could be brought if other victims came forward. However, Kent County Prosecuting Attorney William Forsyth said in the court hearing Thursday that he was not aware of any other victims.
Attorney: Grand Haven Public Safety Officer Thomas Carey took advantage of 'vulnerable' womanBy Lee Lupo The Muskegon Chronicle
September 04, 2009, 4:31PM
http://www.mlive.com/news/muskegon/index.ssf/2009/09/attorney_grand_haven_public_sa.html
GRAND HAVEN -- One of two women connected to allegations of misconduct by former Grand Haven Public Safety Officer Thomas M. Carey says she was forced to perform sex acts on him while he was on duty, according to her attorney.
Ottawa County 20th Circuit Court records indicate two women are involved in the alleged misconduct that occurred some time between March 1, 2005, and Feb. 28.
Muskegon attorney David P. Shafer said his client -- whom he says was a victim of domestic violence and who suffers from a "precarious" medical condition -- is in the process of exploring her legal options against 46-year-old Carey.
Carey -- who resigned in August after allegations of misconduct surfaced -- has been charged with two five-year felonies, including one count of gross indecency between male and female, and one count of misconduct in office.
Carey entered a no contest plea on Thursday to both charges in Ottawa County 20th Circuit Court and is scheduled to be sentenced Nov. 2.
The court documents indicate that Carey, while on duty "investigating certain complaints" by two women, "did engage both women at different times in sexual activity, more specifically, where the women would perform oral sex upon Mr. Carey...in the city of Grand Haven and in locations where it is possible that an unsuspecting public could be exposed to view the act."
The documents indicate Carey engaged in the alleged sexual activity "under the pretense of furthering those investigations and showing care and concern and while dressed as a police officer."
Shafer said, according to his client, Carey abused his power as a police officer.
"Mr. Carey utilized his authority as a law enforcement officer to coerce and force my client into committing numerous sexual acts on him both when he was on duty and off duty," he said. "The majority of the time he was on duty, serving as a public safety officer, protecting the citizens of Grand Haven."
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A Grand Rapids-based attorney representing Carey, Charles Rominger, said allegations made by Shafer's client are false.
"It's categorically untrue," Rominger said. "He didn't force anyone to do anything."
Shafer said the incidents involving his client were reported to authorities a few months ago.
Carey "was called to her house on more than one occasion because of her medical condition and because she was a victim of domestic violence. Once he realized she was a vulnerable person, he took advantage of her," Shafer said.
"I think it's absolutely disgusting that a person we entrust with protecting human lives goes out and takes advantage of the most vulnerable."
It is too soon to say whether the woman will sue Carey, Shafer said.
Former Grand Haven Officer Arrested And ArraignedCarey Is Charged With Felony Misconduct And Sex CountsCarl Gustin FOX 17 Weekend Assignment Editor
September 3, 2009
http://www.fox17online.com/news/fox17-former-grand-haven-officer-arrested-and-,0,3755488.story
The Kent County Prosecutor's Office issued a two-count warrant Wednesday for Thomas M. Carey, 46.
Carey was arrested Thursday and arraigned in 58th District Court in Grand Haven on charges of 1) gross indecency between a male and a female and 2) misconduct in office.
Edwards wanted to ensure the public that any alleged illegal act by an officer will always be investigated promptly and thoroughly.
"Our response to calls for service to the residents of, and visitors to the city of Grand Haven will continue to meet the highest standards possible," said Edwards.
Ex-GHDPS Officer Thomas Carey arrestedThu, Sep 3, 2009
http://www.grandhaventribune.com/paid/295336767542586.bsp
A Grand Haven Department of Public Safety officer was arrested Thursday.
The State Police said in a press release that Thomas M. Carey, 46, was arrested and arraigned in Ottawa County 58th District Court in Grand Haven on Thursday after an extensive investigation. He was charged with gross indecency between a male and female, a five-year felony or $2,500 fine; and misconduct in office, a five-year felony and/or $10,000 fine.
GHDPS Director Dennis Edwards requested the State Police conduct the investigation after learning of allegations of misconduct on the part of one of his employees.
Lt. Curt Schram of the Michigan State Police said the investigation began in late May or early June.
Ottawa County Prosecutor Ron Frantz referred the case to an outside prosecutor for review in order to avoid any conflict of interest issues. The results of the State Police investigation were turned over to the Kent County prosecutor for review.
The Kent County prosecutor's office issued a two-count warrant on Wednesday.
Carey was an employee of the Grand Haven department for 20 years. Edwards announced Aug. 25 that Carey had resigned from his job in the wake of the investigation.
The first is a felony punishable by up to five years in prison or a $2,500 fine while the second is a felony punishable by up to five years in prison and/or a $10,000 fine.
The Ottawa County Prosecutor's Office requested that the case be referred to an outside prosecutor for review to avoid any conflict of interest issues. The results of the investigation then were turned over to the Kent County Prosecutor's Office for review.
Grand Haven Public Safety Director Chief Dennis S. Edwards received information earlier Thursday from Detective First Lieutenant Curt Schram of the Michigan State Police, who the department asked to investigate allegations of misconduct by Carey. Schram informed Edwards that Carey had been arrested and arraigned.
Edwards said he was deeply disturbed by the investigation of alleged misconduct by a member of the Grand Haven Department of Public Safety. He said an illegal act by a Public Safety Officer reflects only on the integrity of that individual and not that of the organization as a whole.
She thinks Thomas Carey belongs there to warn other women.
"He's just a sick person that takes advantage of women that can't help themselves," the woman told 24 Hour News 8.
Carey, 47, a 20-year veteran and one-time Grand Haven Officer of the Year, could face up to five years in prison when sentenced on Nov. 2 in Ottawa County.
But it was a deal worked out between Carey's attorney, Charles Rominger, and Kent County Prosecutor William Forsyth that will keep him from the sex offender registry.
Rominger said his client, who is married, is not a predator and doesn't belong on the list.
"I think it does a disservice to characterize this as a renegade police officer who was using his badge and authority to obtain sexual favors from non-consenting adult women," Rominger said.
That's not how state police saw it -- at least originally.
They investigated the case as first-degree sexual assault involving two vulnerable women -- ages 43 and 67 -- and an officer abusing his authority for sex, according to state police reports obtained by 24 Hour News 8 through the Freedom of Information Act.
The reports provide new details on the investigation -- and raise new questions.
