APRIL 12, 2008: OFFICER DAVID ESSAD, SHELBY TOWNSHIP PD
ASSAULTED WIFE & BROKE WIFE'S NOSE:
ORIGINAL CHARGES: FELONIOUS ASSAULT; AND AGGRAVATED DOMESTIC VIOLENCE. PLED DOWN TO AGGRAVATED MISDEMEANOR ASSAULT
MDOC NUMBER: 699508
CURRENT STATUS: PROBATIONER
LOCATION: OAKLAND/TROY/PROBATION
SECURITY LEVEL:
SUPERVISION BEGIN DATE: 09/09/2008
SUPERVISION DISCHARGE DATE: 09/09/2010
SENTENCE 1:
OFFENSE: DOMESTIC VIOLENCE-AGGRAVATEDMCL #: 750.81A2
COURT FILE # : 08220733-FH
COUNTY: OAKLAND
CONVICTION TYPE: PLEA
MINIMUM SENTENCE:
MAXIMUM SENTENCE: 2 YEARS 0 MONTHS
DATE OF OFFENSE: 04/12/2008
DATE OF SENTENCE: 09/08/2008
SENTENCE 2:
OFFENSE: DOMESTIC VIOLENCE- AGGRAVATED
MCL #: 750.81A2
COURT FILE # : 08220733-FH
COUNTY: OAKLAND
CONVICTION TYPE: PLEA
MINIMUM SENTENCE:
MAXIMUM SENTENCE: 2 YEARS
DATE OF OFFENSE: 04/12/2008
DATE OF SENTENCE: 09/09/2008
SUPERVISION CONDITIONS:
01-NO VIOLATIONS OF ANY CRIMINAL LAW
02-NOT LEAVE STATE W/O PERMISSION
02.0-NOT USE/POSSESS ALCOHOL OR INTOXICANTS
02.1-ALCOHOL TESTING
02.2-DRUG TESTING
02.4-NOT USE OF HAVE ANY CONTROLLED SUBSTANCES OR DRUG ITEMS
02.8-OUTPATIENT SUBSTANCE ABUSE TREATMENT
03-MONTHLY REPORTING
03.3-APPLY TO MENTAL HEALTH TREATMENT PROGRAM
03.4-MUST ATTEND PROGRAMS REQUIRED
04-NOTIFY OF CHANGE OF RESIDENCE
04.18-BEHAVIOR
04.20-NOT OWN OR POSSESS WEAPONS
06.4-MAINTAIN EMPLOYMENT OF AT LEAST 30 HOURS PER WEEK
08.0-SERVE JAIL TIME AS DESCRIBED
08.2-PAY A CRIME VICTIM’S ASSESSMENT
08.3-PAY SUPERVISION FEE PURSUANT TO PA 185 OF 1993
08.4-PAY COURT COST
08.11-ASSIGNMENT OF WAGES UNTIL ORDERED ASSESSMENTS ARE PAID
08.18-STATE COSTS
MARCH 03, 2010 EMAIL, RE: PROBATION VIOLATION CHARGES AGAINST DAVID ESSAD DROPPED.Cloud and Renee',
"...about David Essad's Probation Violation hearing before Judge Kumar...An Oakland County Prosecutor moved to dismiss the Probation Violation. Judge Kumar went along with this and dismissed the Probation Violation against David Essad. Questions remain as to whether or not it this was with our without prejudice. If the dismissal was made without predjudice, the charge could likely be reinstated. After so many continuances and delays which were likely intentional on part of Essad's defense counsel, it appears to me that something is awry here. I have to wonder if elected Oakland County Prosecutor Jessica Cooper is aware of what her Assistant did? No one should be above the law... "
MY RESPONSE/ EMAIL TO OAKLAND COUNTY COUNTY PROSECUTOR JESSICA COOPER AND THE OAKLAND PRESS [03/03/2010]:
From: Renee’ Harrington, Michigan Officer Involved Domestic Violence Project: www.michiganoidv.blogspot.com
ATTENTION: OAKLAND PROSECUTOR JESSICA COOPER
RE: Former Officer David Essad’s most recent assault charges
One of the cases that I have been following, is that of former police officer David Essad [original dv charges, April 2008]:
http://michiganoidv.blogspot.com/2008/04/officer-david-essad-shelby-township-pd.html
I was recently informed that the charges pending against Essad for violating the terms of his probation have been dropped. Under the terms of MCL 769.4a [which Essad pled under, with the April 2008 charges], when he violated his probation, he was to be charged for the original offense [felonious assault and aggravated domestic violence] in addition to the new offense and the violation of the terms of his probation.
However, with your office dropping the new charges, Essad’s record will be clean of all assault charges at the end of his probation.
Why is your office allowing a man who brutally assaulted Julie Essad, to continue to be held above the law? Under MCL 769.4a, David Essad’s record of his brutal attack on Julie will be expunged. David Essad at that point will be able to reapply for a position as a police officer.
Had your office proceeded under 769.4a(2) [Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided in this chapter], David Essad would never again be able to be a police officer, under the Lautenberg Act, [which prevents anyone who had been convicted of a misdemeanor offense from owning, possessing, etc. a firearm]. 769.4a [which Essad pled to] is not a conviction, but a deferment of charges, and with the probation violation charges dropped against him, you will be putting a gun back into his hand on September 10, 2010, instead of putting him behind bars, where he deserves to be.
Reply Requested,
Renee’ Harrington [MIOIDV]
Sur5er1998@aol.com
ATTACHMENTS:
SID NUMBER: 3374711H
NAME: DAVID JOHN ESSAD
DATE OF BIRTH: 10/19/1973 (36)
ORIGINAL CHARGES: FELONIOUS ASSAULT; AND AGGRAVATED DOMESTIC VIOLENCE
MDOC NUMBER: 699508
CURRENT STATUS: PROBATIONER
LOCATION: OAKLAND/TROY/PROBATION
SECURITY LEVEL:
SUPERVISION BEGIN DATE: 09/09/2008
SUPERVISION DISCHARGE DATE: 09/09/2010
SENTENCE 1:
OFFENSE: DOMESTIC VIOLENCE-AGGRAVATED
MCL #: 750.81A2
COURT FILE # : 08220733-FH
COUNTY: OAKLAND
CONVICTION TYPE: PLEA
MINIMUM SENTENCE:
MAXIMUM SENTENCE: 2 YEARS 0 MONTHS
DATE OF OFFENSE: 04/12/2008
DATE OF SENTENCE: 09/08/2008
SENTENCE 2:
OFFENSE: DOMESTIC VIOLENCE- AGGRAVATED
MCL #: 750.81A2
COURT FILE # : 08220733-FH
COUNTY: OAKLAND
CONVICTION TYPE: PLEA
MINIMUM SENTENCE:
MAXIMUM SENTENCE: 2 YEARS
DATE OF OFFENSE: 04/12/2008
DATE OF SENTENCE: 09/09/2008
SUPERVISION CONDITIONS:
01-NO VIOLATIONS OF ANY CRIMINAL LAW
02-NOT LEAVE STATE W/O PERMISSION
02.0-NOT USE/POSSESS ALCOHOL OR INTOXICANTS
02.1-ALCOHOL TESTING
02.2-DRUG TESTING
02.4-NOT USE OF HAVE ANY CONTROLLED SUBSTANCES OR DRUG ITEMS
02.8-OUTPATIENT SUBSTANCE ABUSE TREATMENT
03-MONTHLY REPORTING
03.3-APPLY TO MENTAL HEALTH TREATMENT PROGRAM
03.4-MUST ATTEND PROGRAMS REQUIRED
04-NOTIFY OF CHANGE OF RESIDENCE
04.18-BEHAVIOR
04.20-NOT OWN OR POSSESS WEAPONS
06.4-MAINTAIN EMPLOYMENT OF AT LEAST 30 HOURS PER WEEK
08.0-SERVE JAIL TIME AS DESCRIBED
08.2-PAY A CRIME VICTIM’S ASSESSMENT
08.3-PAY SUPERVISION FEE PURSUANT TO PA 185 OF 1993
08.4-PAY COURT COST
08.11-ASSIGNMENT OF WAGES UNTIL ORDERED ASSESSMENTS ARE PAID
08.18-STATE COSTS
THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
769.4a Assault on spouse, former spouse, individual with child in common, dating relationship, or household resident; plea or finding of guilty; deferral of proceedings and order of probation; previous convictions; adjudication of guilt upon violation of probation; mandatory counseling program; costs; circumstances for entering adjudication of guilt; discharge and dismissal; limitation; nonpublic record; definitions.
Sec. 4a.
(1) When an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of, a violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, and the victim of the assault is the offender's spouse or former spouse, an individual who has had a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing or having resided in the same household as the offender, the court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation as provided in this section. However, before deferring proceedings under this subsection, the court shall contact the department of state police and determine whether, according to the records of the department of state police, the accused has previously been convicted of an assaultive crime or has previously availed himself or herself of this section. If the search of the records reveals an arrest for an assaultive crime but no disposition, the court shall contact the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest for purposes of this section.
(2) Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided in this chapter.
(3) An order of probation entered under subsection (1) may include any condition of probation authorized under section 3 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3, including, but not limited to, requiring the accused to participate in a mandatory counseling program. The court may order the accused to pay the reasonable costs of the mandatory counseling program. The court also may order the accused to participate in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. The court may order the defendant to be imprisoned for not more than 12 months at the time or intervals, which may be consecutive or nonconsecutive and within the period of probation, as the court determines. However, the period of imprisonment shall not exceed the maximum period of imprisonment authorized for the offense if the maximum period is less than 12 months. The court may permit day parole as authorized under 1962 PA 60, MCL 801.251 to 801.258. The court may permit a work or school release from jail.
(4) The court shall enter an adjudication of guilt and proceed as otherwise provided in this chapter if any of the following circumstances exist:
(a) The accused commits an assaultive crime during the period of probation.
(b) The accused violates an order of the court that he or she receive counseling regarding his or her violent behavior.
(c) The accused violates an order of the court that he or she have no contact with a named individual.
5) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(6) There may be only 1 discharge and dismissal under this section with respect to any individual. The department of state police shall retain a nonpublic record of an arrest and discharge and dismissal under this section. This record shall be furnished to a court or police agency upon request pursuant to subsection (1) or to an office of prosecuting attorney for the purpose of showing that a defendant in a criminal action under section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a local ordinance substantially corresponding to section 81 of that act has already once availed himself or herself of this section or for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(5) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.
(7) As used in this section:
(a) "Assaultive crime" means 1 or more of the following:
(i) That term as defined in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90g.
(iii) A violation of a law of another state or of a local ordinance of a political subdivision of this state or of another state substantially corresponding to a violation described in subparagraph (i) or (ii).
(b) "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
History: Add. 1978, Act 353, Imd. Eff. July 14, 1978 ;-- Am. 1980, Act 471, Eff. Mar. 31, 1981 ;-- Am. 1994, Act 68, Eff. July 1, 1994 ;-- Am. 2001, Act 208, Eff. Apr. 1, 2002 ;-- Am. 2004, Act 220, Eff. Jan. 1, 2005 ;-- Am. 2006, Act 663, Imd. Eff. Jan. 10, 2007
*************************
9/12/2009 UPDATE:
I HEAR THAT DAVID ESSAD WILL HAVE A PROBATION VIOLATION HEARING ON DECEMBER 2ND, 2009. BEFORE JUDGE KUMAR at 1:30 PM.
David Essad, former Shelby Township Detective David Essad, was once again arrested for beating his wife. As a consequence his sweetheart plea deal, dropping his Felony assault charge under an agreement where he plead guilty under advisement, to two one year misdemeanor counts of Domestic Violence may lead to him being convicted on record.
A Probation Violation Hearing for for will be held on 12/02/09 at 1:30 PM Lets hope Judge Kumar finally does what's right and sentences David Essad to Jail for his crimes. Prosecutor who secured the plea was Ian Simons of the Oakland County Prosecutors Office.
Shelby Officer Arrested
FROM STAFF REPORTS
Oakland Press
PUBLISHED: Monday, April 14, 2008
http://www.theoaklandpress.com/stories/041408/loc_20080414247.shtml
ROCHESTER HILLS - A Shelby Township police officer was arrested Saturday after a witness reported he assaulted his wife and brandished a gun while threatening he was going to kill her.
An Oakland County Sheriff's deputies said Officer David Essad of Oakland Township has been charged with felonious assault and aggravated domestic violence.
He is being held on a $20,000 bond with a 10 percent surety. If released, Essad must agree to wear a tether and have no contact with firearms.
According to reports, a witness called 9-1-1 after seeing a man and woman laying on the ground next to their vehicle in a parking lot near the intersection of Rochester and Tienken roads. The witness told deputies the two were drunk and that he saw the man assaulting the woman.
When deputies arrived at the parking lot, Essad was laying motionless on the ground with his arms stretched out as if he was surrendering.
The woman, identified as his wife, was sitting in their vehicle. She stepped out of the vehicle when the patrol cars pulled up. Deputies said she had blood in her hair, face and shirt.
The Rochester Hills Fire Department responded to the scene for medical treatment. The woman was taken to an area hospital for her injuries.
Deputies said the couple had spent the evening celebrating her birthday, but got into an argument on the way home. It was at that time Essad allegedly beat his wife and began making threats to kill her, according to deputies.
Shelby cop arrested, accused of beating wife
Couple allegedly fought after her birthday party
By Frank DeFrank
Macomb Daily
PUBLISHED: Tuesday, April 15, 2008
http://www.macombdaily.com/stories/041508/loc_local04.shtml
Shelby Township police officer faces criminal charges and his employment future is uncertain after his arrest over the weekend for allegedly assaulting his wife and threatening her with a gun.
David Essad, 34, an 8-year veteran of the department, is charged with felonious assault and aggravated domestic violence.
Police said Essad beat up his wife early Saturday morning during a quarrel as the couple returned from an evening celebrating her birthday.
Mike McCabe, undersheriff for the Oakland County Sheriff’s Department, said officers responding to a call found the couple in a parking lot on Rochester Road, near Tienken Road, about 12:15 a.m. Saturday.
Mrs. Essad was inside the vehicle. Officers noted her hair, face and shirt were bloodied. Police said her injuries included a broken nose and hair pulled from her scalp. Her injuries were serious enough to require medical attention, and the Rochester Hills fire department transported her to Crittenton Hospital.
Essad was lying on the ground with his arms stretched out as if surrendering, police said.
Bond for Essad was set at $20,000 with a provision that he could post 10 percent of the total to secure his release. He was also ordered placed on an electronic tether and was forbidden to possess any firearms.
A preliminary examination is scheduled for April 22 before 52-3 District Court (Rochester Hills) Judge Nancy Carniak.
Essad was placed on paid suspension by Shelby Township police pending an internal probe, said Capt. Stephen Stanbury. But Essad’s future employment may rest with the results of the criminal case. If convicted of either of the principle charges against him, Essad would be denied the right to possess a weapon, which could effectively end his law enforcement career. “We really have nothing to do with the criminal aspect of it,” said Stanbury.
James Tagnanelli, president of the Police Officers Association of Michigan, the union that represents Shelby Township officers, said Essad will be provided representation in both the criminal proceedings and the department investigation “to make sure justice is served, whatever that might be.”
“Because of the circumstances (Essad was still in jail Monday afternoon), we haven’t really had much chance to talk to him,” Tagnanelli said.Essad is the third Shelby Township police officer to run afoul of the law in the past three years.
In early 2005, a patrolman was found drunk and slumped over the wheel of an idling car in Macomb Township. The officer pleaded guilty to a misdemeanor and was sentenced to one year probation. He subsequently was suspended, but kept his job.
Just three months ago, another officer was fired after she pleaded guilty to illegally disclosing information she obtained from a police computer network. The officer pleaded no contest to a misdemeanor charge and has filed a grievance challenging her discharge.
Despite the incidents, township Supervisor Ralph Maccarone, a former Detroit police officer, praised the department as a whole. “Police officers are human beings like everybody else,” he said. “We hold them to a higher standard.”
Rochester Hills: Cop charged in abuse
Police said David Essad from Oakland Township was found lying on the ground motionless near Rochester and Tienken roads, and his wife was sitting in their vehicle with her hair, face and shirt bloodied. The couple had been celebrating her birthday in Rochester and got into an argument on the way home, investigators said.
Essad was arraigned Saturday on charges of felonious assault and aggravated domestic violence and placed on $20,000 bond with an electronic tether.
Former teacher's porn case delayed again
Court of Appeals issues stay to consider prosecutor's protest
PUBLISHED: Wednesday, April 16, 2008
By Jameson CookMacomb Daily Staff Writer
http://staging.macombdaily.com/stories/041608/loc_local03.shtml
A 2-year-old case that has featured multiple twists, five attorneys and three judges took a couple of sharp turns in the past couple of days.
The trial of Michael S. O'Hanian, a former teacher accused of sending a pornographic image to a former student, was finally scheduled to begin Tuesday in Macomb County Circuit Court. But it was adjourned after the state Court of Appeals issued a stay so it could consider the prosecution's protest of the judge throwing out one of the defendant's statements to police.
Circuit Judge Mark Switalski last week quashed statements O'Hanian made about the computer crimes he is accused of committing when he was questioned by police in the parking lot of the Kmart store at 23 Mile and Van Dyke in September 2005.
Meanwhile, the police officer in charge of the case, David Essad, was suspended from the force Monday after he was arraigned in 52-3 District Court in Rochester Hills, charged with felonious assault and aggravated domestic assault for allegedly beating his wife Saturday.
Essad, who posted 10 percent of a $20,000 bond and was placed on tether, showed up for the trial Tuesday but left quickly after learning the case would be adjourned. Assistant Macomb prosecutor William Harding said the prosecution still plans to use Essad as a witness to testify about the charges against O'Hanian.
"He's a subpoenaed witness, and we intend to use him as such," said Harding, chief of the computer crimes unit.
O'Hanian, 40, a former teacher at Shelby Junior High School, is charged with distributing obscene material to a youth, a 2-year misdemeanor; and using a computer to commit a crime, a 4-year felony, for sending an image of a nude man to a former student, a 16-year-old girl.
He was formally charged in October 2005.
He agreed to plead no contest to a charge but in May 2006 withdrew his plea after probation officials recommended he spend nine months in jail and he learned he would have to register as a sex offender for 25 years.
A third charge, possession of child pornography, was added in January 2007 after computer police say they found seven child-porn images on a storage device on O'Hanian's seized computer.The porn possession case is on hold until after the original case goes to trial.
Defense attorney Steven Rabaut last week won his motion seeking removal of one of O'Hanian's statements to police. Rabaut argued that police followed O'Hanian in his vehicle Sept. 30, 2005, and conducted an illegal stop on him in order to talk to him.
Harding argued police didn't approach O'Hanian until after he parked his vehicle in the Kmart lot and was exiting.
"Our position is the police approached him as he was getting out of his car, like they could with any citizen," he said. "He made certain statements in regard to sending the image."
The statement came four days after police seized his computer from his home and initially questioned him.
An appeals panel of three judges, including former Macomb circuit Judge Pat Donofrio, agreed to hear Harding's appeal and ordered transcripts of the hearing to be completed within two weeks. At that time it could set deadlines for legal briefs.
A pretrial was set for May 15 in front of Switalski.Contributing to delays has been numerous changes of judges and attorneys.
Switalski is the third circuit judge to have the case on his docket. Deborah Servitto was first assigned, but in March 2006 she was elevated to the appeals court. Judge John Foster took over Servitto's docket, but Foster in January 2007 moved from the criminal/civil division to family division.
Rabaut is the third defense attorney, following William Cataldo, who gave up the case shortly after taking it when he took a job as chief homicide attorney for the Macomb Prosecutor's Office, and Dennis Johnston.Harding took over the case after he took over as computer crime prosecutor. Assistant Macomb prosecutor Chad Davis initially handled the case.
Cop on tether after alleged assault on wife
Mirror News
David Essad will be back in 52-3 District Court May 6 for a pre-exam conference before Judge Nancy Carniak on charges of felonious assault and aggravated domestic violence. He is free on $20,000 bond (cash 10 percent) and was ordered to wear a tether.
The Oakland County Sheriff's Office was called to a parking lot on Rochester near Tienken April 12 around 12:15 a.m. after a witness called 9-1-1 to report a man and a woman lying on the ground near a car, possibly intoxicated. The witness later reported that he saw the man assault the woman.
When deputies arrived they found Essad, who is a Shelby Township police officer, lying motionless on the ground with his arms stretched out as if surrendering. His wife was sitting in the couple's car, her hair, face and shirt bloodied. She was taken to Crittenton Hospital.
Police said the couple were on their way home when an argument began. They allege Essad assaulted his wife, brandished a handgun and threatened to kill her.
Officer accused of assault seeks home access
By SHAUN BYRON
The Oakland Press
May 07, 2008
http://www.theoaklandpress.com/stories/050708/pol_20080507346.shtml
A Shelby Township officer accused of beating his now-estranged wife must continue borrowing clothes until she returns with their two children from a cruise.
David Essad's attorney, Douglas Gutscher, requested 52-3 District Court Judge Nancy Tolwin Carniak allow his client to get clothing and other items from the home he had shared with his wife, who has been living with her sister, but is now out of the country.
The request was made Tuesday when Essad and his attorney appeared before Carniak in Rochester Hills to set a date for a preliminary examination, which will be May 13.
Essad, Gutscher said, has been borrowing his brother's clothes and needed to pay the utility and mortgage bills on the couple's home as per the preliminary agreement for their pending divorce.
Carniak said while Essad has complied with the restrictions placed against him, she wanted to wait until his wife returns from a cruise -- which had been scheduled prior to the alleged assault -- before anything is removed from the home.
Essad, an Oakland Township resident, is being charged with felonious assault and aggravated domestic violence.
According to Oakland County Sheriff's deputies, Essad was arrested shortly after midnight April 12 in a parking lot on Rochester Road, near Tienken Road.
Police said he was lying on the ground and appeared to be surrendering when they arrived at the scene in response to a 9-1-1 call.
Essad's wife, who got out of a nearby vehicle when deputies arrived, had blood in her hair, face and shirt, said police. The couple had been out celebrating a birthday when they got into an argument, allegedly leading to Essad assaulting his wife and brandishing a handgun while making threats to kill her.
The eight-year veteran of the Shelby Township Police Department remains on unpaid suspension pending an investigation into the charges. Aside from being unable to retrieve clothing and personal items, Essad also hasn't had any contact with his two children.
Gutscher told the court that while his client has been given permission to see the children with a third party, Essad has not been granted such an opportunity and should be given that chance.
"I understand the allegations against him, but he should have contact with his kids," he said.
Carniak said while he has been given permission, the court has not required his wife to make the children available for visitation.
Officer to face trial in assault case
By ANN ZANIEWSKI
The Oakland Press
May 14, 2008
http://www.theoaklandpress.com/stories/051408/loc_20080514256.shtml
A woman tearfully testified Tuesday that her husband, a Shelby Township police officer, slammed her head on the ground and threatened to kill her while holding a gun after the couple left a Rochester bar in April.
David Essad, 34, has been charged with felonious assault with a gun, a four-year felony, and aggravated domestic violence, a one-year misdemeanor. His preliminary exam in 52-3 District Court concluded with a judge binding the case over to circuit court.
The sole witness in the exam was Julie Essad, David Essad's wife of 5 1/2 years.
She has filed for divorce.
The couple visited Gus O'Connor's in Rochester on April 11 to celebrate her birthday. Julie Essad testified that David Essad drank heavily and, apparently upset because she spoke to an ex-boyfriend, began yelling and swearing at her in the car as they drove home later that night. The couple lived in Oakland Township.
Julie Essad said she was behind the wheel heading north on Rochester Road when her husband repeatedly pulled her hair and banged her head against the driver's side window. She said she pulled into a parking lot at Tienken and Rochester roads, and David Essad continued to scream and bit her ear.
Julie Essad said her husband pulled out his .45-caliber semiautomatic handgun. She said he held the gun up, but didn't point it directly at her, and said, "You need to f------ die."
Julie Essad said David Essad pulled the magazine out of the gun and threw the gun on the car floor.
Julie Essad said she ran from the car and David Essad threw her to the ground and repeatedly banged her head on the pavement.
A passerby called 9-1-1.
"I said, 'Please stop because I feel like you're going to crush my skull," Julie Essad said.
Julie Essad suffered a closed head injury, a broken nose, bruises and other injuries.
David Essad's defense attorney, Jerome Sabbota, noted during questioning that Julie Essad didn't mention in her written statement to deputies that David Essad threatened her while holding the gun.
He said that detail first came out as Julie Essad filed a lawsuit against her estranged husband.
Sabbota told 52-3 District Court Judge Nancy Tolwin Carniak that David Essad unloaded the gun and never pointed it at Julie Essad, so there's no evidence that he committed felonious assault with a dangerous weapon.
"I think his intent is clear," countered Oakland County Assistant Prosecutor Ian Simons.
Carniak said the gun didn't have to be pointed directly at Julie Essad to constitute felonious assault. She bound David Essad over to circuit court on both charges.
David Essad is free on bond. He has been ordered to wear a tether and have no contact with Julie Essad. Sabbota asked that the tether be removed because of the cost to maintain it, and Carniak denied the request.
Sabbota said David Essad, who formerly worked for the Detroit Police Department, was suspended from the Shelby Township Police Department pending the trial's outcome.
Essad will be arraigned by Oakland Circuit Judge Shalina Kumar on the criminal charges. A date has not yet been set.
Wife testifies at cop’s exam
By CHRIS WILLIAMS
Source Staff Writer
May 18, 2008
http://www.sourcenewspapers.com/stories/051808/loc_story2002.shtml
The preliminary examination of a Shelby Township police officer accused of assaulting his wife took place May 13 in 52-3 District Court in Rochester.
Shelby Township Police Officer David Essad was arrested shortly after midnight April 12 by Oakland County Sheriff’s deputies in a Rochester Hills parking lot after a passerby reported seeing a man and woman lying on the ground near a car. Essad was taken into policy custody, and charged later that morning on charges of felonious assault and aggravated domestic violence.
At the preliminary examination May 13, Julie Essad testified before Judge Nancy Carniak that her husband had grown violent with her on the way home from a bar the evening of April 11.
The couple had been celebrating Julie Essad’s birthday with friends at Gus O’ Connor’s in Rochester and left shortly after 11 p.m.
Julie Essad said the couple left because her husband had too much to drink. During the evening, she said, he had consumed beer, scotch and a Long Island iced tea. He also had allegedly become aggravated when Julie Essad spoke briefly with an old boyfriend.
Julie Essad said her husband’s temper escalated during the drive home.
“He said, "You don’t love me,’” she testified. “At first it was just anger and then it got violent.”
Julie Essad said that as she sat in the driver’s seat, her husband began to pull her hair so violently that it began to come out in clumps. She said he also grabbed her head and slammed it against the driver’s side window several times, causing the vehicle to swerve.
“I told him to calm down,” Essad testified. “He would not stop.”
Julie Essad said she pulled into a parking lot near the intersection of Rochester and Tienken roads, hoping her husband would calm down. David Essad then allegedly continued screaming at his wife and bit her ear; photographs were admitted into evidence that showed Julie Essad’s bruised ear.
Julie Essad testified that once the car was in the parking lot, her husband continued his outburst and allegedly punched in the car’s dashboard, knobs, vents and digital display. She said he then reached back and pulled out his service revolver.
“He said, "You’re a (expletive)-ing (expletive) and you just need to (expletive)-ing die,’” Julie Essad testified. “I thought he was going to kill me with his gun.”
Attorneys for David Essad said no mention of the gun was in initial police reports. Julie Essad said she was suffering from injuries at that time and may have left it out of preliminary interviews with police officers, although she said she did discuss it with several people shortly afterward.
Julie Essad also testified that at no time did her husband point the gun at her, but banged it against the window before taking out the magazine and putting the gun on the floor. She said David Essad had the gun out for less than five minutes before he put it on the floor.
“He never told me that he was going to kill me,” she said. “But I felt threatened when he took the gun out and said that I should (expletive)-ing die.”
Julie Essad testified that she kicked off her shoes and, fearing for her life, ran from the car. David Essad then allegedly pursued her, pushed her to the ground and continued to beat her, smashing her head into the pavement several times. Julie Essad grew emotional as she testified about the incident.
“I said, 'Please stop because I think you’re crushing my skull.’ I said What about the kids?’” she said. “Nothing fazed him and he continued to beat me into the ground.”
Oakland County Sheriff’s deputies arrived shortly afterward and arrested David Essad. Julie Essad was taken to a nearby hospital where she was treated for a fat lip, black eye, a broken nose and a bruise on her neck; she was readmitted the next week when it was determined she had suffered a closed-head injury.
David Essad’s attorney, Jerome Sabbota, argued that because his client never made a verbal threat to kill or injure Julie Essad with his gun and never pointed the weapon at her, that there was no intent to injure her with it. Carniak, however, said the gun did constitute a threat and bonded the case to Oakland County Circuit Court.
David Essad has been a Shelby Township police officer for eight years; he is currently on unpaid suspension from the department. Julie Essad has also filed for divorce and is suing her husband for more than $50,000.
Macomb County news briefs
Detroit Free Press
May 30, 2008
http://www.freep.com/apps/pbcs.dll/article?AID=/20080530/NEWS04/805300354/1006
SHELBY TOWNSHIP: Supervisor wants authority to discipline cop
Township Supervisor Ralph (Skip) Maccarone will ask the Board of Trustees at a regularly scheduled meeting Tuesday to grant him permission to discipline or fire a police officer who is on unpaid leave and charged in the beating of his wife last month.
"It's a routine request for authority," Maccarone said Thursday.
If the board approves it, he will review the personnel file of David Essad, 34, who has worked for the police force since June 12, 2000, according to the Human Resources Department.
The supervisor will then decide whether to terminate Essad's employment.
Essad was arrested by Oakland County sheriff's deputies in the Rochester Hills substation on charges of felonious assault and aggravated domestic violence.
Compiled by Dan Cortez, Christy Arboscello and Steve Neavling.
Shelby cop accused of beating his wife is fired
Behavior 'tarnishes' department, says police chief
By Frank DeFrank
Macomb Daily Staff Writer
David Essad, 34, was notified recently by township police Chief Robert Leman that his arrest in Oakland County on charges of felonious assault and domestic violence will cost Essad his job.
"Your conduct on April 11, 2008, violates state law and department guidelines,"
Leman wrote in a memo dated June 26, 2008. "Your behavior also tarnishes the police department's mission to serve and protect the citizens of Shelby Township."
Essad, an 8-year-veteran of the Shelby Township Police Department, is awaiting trial in Oakland County Circuit Court. He's due back in court July 15 for a pre-trial conference.
Jerome Sabbota, who represents Essad on the criminal charges, said the case "could be resolved" on that date. Asked if that meant a plea bargain, Sabbota replied, "Could be."
Sabotta also said he expects the officer's union will appeal Leman's decision.
"I think it (the discharge) is jumping the gun," Sabbota said. "(Essad) is still in court. The case could be resolved in his favor."
Essad is accused of beating his wife, Julie, as the two drove home from a night celebrating Julie's birthday. He also is accused of threatening his wife with a gun.
Oakland County deputies found the couple in a parking lot on Rochester Road, near Tienken Road about 12:30 a.m. April 12.
Mrs. Essad was inside the vehicle, suffering from a broken nose and other injuries, police said.
The Shelby Township officer, who was intoxicated, was lying on the ground near the car.
In recapping the allegations against Essad, Leman cited several department rules and policies the officer violated, including: Excessive use of alcohol while off duty; Conduct unbecoming of an officer; Carrying a firearm in a manner not in accordance with law and departmental procedures; Misconduct.
Leman also cited the "violent and criminal nature" of Essad's actions and wrote, "I find no mitigating factors to warrant against my decision to terminate your employment."
Essad's discharge was expected. Following his arrest, he was suspended with pay. The department subsequently changed his status to suspended without pay.
Essad is entitled to appeal Leman's decision, either to the police and fire Civil Service Commission or through binding arbitration.
Officer accused of assault pleads guilty
By SHAUN BYRON
The Oakland Press
http://www.theoaklandpress.com/stories/080608/pol_20080806405.shtml
A former Shelby Township police officer could face jail time after pleading guilty to two counts of aggravated domestic violence and admitting to assaulting his wife.
David Essad, 34, appeared Tuesday morning before Oakland County Circuit Court Judge Shalina Kumar on charges that he beat his wife, Julie Essad, and threatened to kill her while holding a gun last April. She has since filed for divorce.
David Essad had been charged with felonious assault with a gun, a four-year felony, and aggravated domestic violence, a one-year misdemeanor.
The Oakland County Prosecutor's Office made an agreement with his attorney, Jerome Sabbota, to amend the charges in exchange for a plea.
The prosecutor's office and Kumar also had received a letter from Julie Essad, stating David Essad had been complying with court-ordered treatment for alcohol abuse and has remained sober.
Kumar also granted requests to lift a no-contact order and cancel the tether, which were all part of his bond requirements.
The requests were made by David Essad and included in his wife's letter.
David Essad will return before Kumar to be sentenced Sept. 9.
In May, Julie Essad testified at a preliminary exam in 52-3 District Court that she and her husband of 51Ú2 years had been at Gus O'Connor's in Rochester on April 11 to celebrate her birthday.
She told the court that David Essad drank heavily, became upset because she spoke to an ex-boyfriend, and began yelling and swearing at her in the car as they drove home.
Julie Essad said he repeatedly pulled her hair and banged her head against the driver's side window.
She said she pulled into a parking lot, where David Essad continued to scream and bit her ear.
David Essad, she said, then brandished his gun and making threats to kill her.
Sabbota said if his client continues to abide by the court's requirements, he will be allowed to continue working as an officer because the felony charge was dropped.
David Essad, he said, is looking forward to settling the issue and continuing with his life.
Fired Shelby cop pleads guilty to misdemeanors
By Shaun Byron
Journal Register News Service
David Essad, 34, appeared Tuesday morning before Oakland County Circuit Court Judge Shalina Kumar on charges that he beat his wife, Julie Essad, and threatened to kill her while holding a gun last April. She has since filed for divorce.
David Essad had been charged with felonious assault with a gun, a 4-year felony, and aggravated domestic violence, a 1-year misdemeanor.
The Oakland County Prosecutor's Office made an agreement with his attorney, Jerome Sabbota, to amend the charges in exchange for a plea.
The prosecutor's office and Kumar also had received a letter from Julie Essad, stating David Essad had been complying with court-ordered treatment for alcohol abuse and has remained sober.
Kumar also granted requests to lift a no-contact order and cancel the tether, which were all part of his bond requirements.
David Essad will return before Kumar to be sentenced Sept. 9.
Essad has been fired from his job as a Shelby Township police officer. He has filed a grievance over the discharge and the issue is headed to arbitration.
In May, Julie Essad testified at a preliminary exam in 52-3 District Court that she and her husband had been at Gus O'Connor's in Rochester on April 11 to celebrate her birthday.
She told the court that David Essad drank heavily, became upset because she spoke to an ex-boyfriend, and began yelling and swearing at her in the car as she drove them home.
Julie Essad said he repeatedly pulled her hair and banged her head against the driver's side window.
She said she pulled into a parking lot, where David Essad continued to scream and bit her ear.
David Essad, she said, then brandished his gun and made threats to kill her.
Sabbota said if his client continues to abide by the court's requirements, he will be allowed to continue working as an officer because the felony charge was dropped.
David Essad, he said, is looking forward to settling the issue and continuing with his life
Former cop gets probation in assault trial
Source Staff Writer
PUBLISHED: Sunday, September 14, 2008
http://www.sourcenewspapers.com/stories/091408/loc_story19001.shtml
A former Shelby Township police officer arrested last April for domestic violence has been sentenced to two years probation by an Oakland County Judge. The Honorable Shalina Kumar sentenced David Essad on two counts of aggravated domestic violence in Oakland County Circuit Court on Sept. 9.
Essad had been arrested in Rochester in April after a fight with his wife resulted in her receiving a black eye, bruised lip, broken nose and a closed-head injury that was discovered later. Essad pleaded guilty to the charges in front of Kumar on Aug. 5.
Essad, an 8-year veteran of the Shelby Township Police Department, had initially been charged with felonious assault, which could have resulted in jail time, but the charges were lowered when his wife submitted a letter to the court stating that the situation was an isolated incident that happened because both she and Essad had been drinking.
Essad, who has been in alcohol treatment since the incident, briefly addressed Kumar at the sentencing.
“This unfortunate incident was a direct result of my abuse of alcohol,” he said. He informed Kumar that he and his wife are undergoing marital counseling, and said he will do what it takes to become an upstanding citizen.
Kumar agreed to sentence Essad to two years probation for each count. Kumar also ordered Essad to have no alcohol in his system, submit to alcohol and drug testing, and continue his participation in an alcohol treatment program. He is not to carry a firearm except for his employment; during the fight with his wife, he had taken his gun out of the holster and banged it on his car’s window.
Essad, who is currently working as a security guard, was terminated from his position with the police department June 16. Police Chief Robert Leman stated in a letter to Essad that his behavior on April 12 tarnished the reputation of the Shelby Township Police Department. With the charges lowered from a felony to misdemeanors, Essad will be able to appeal the termination through his union representative, said his lawyer, Jerome Sabbota.
“He would have to have a hearing in front of the union,” said Shelby Township Police Capt. Stephen Stanbury. “He has already filed a grievance, so that’s where it starts.”
Stanbury said Essad’s record with the police department was previously clear of any outstanding violations.
“He didn’t have anything egregious on there,” he said. “His record was pretty clean, but that’s really all I can say.”
*************Many thanks to the commenter, who brought to my attention about Officer David Essad training and expertise in self-defense. As Cloud said, after I read her Essad's bio: "his hands need to be classified as deadly weapons".
http://www.icsda.org/ICSDACombatives/temp_images/cursoicsda.pdf
2008 ICSDA COMBAT ARTS CONFERNECE
May 23rd through the 25th 2008
EXCELLENCE IN COMBATIVES, DEFENSIVE TACTICS, & COMBAT MARTIAL ARTS
LOCATION:D.W. Ram Building“Team One” MMA School18530 S. Spring Creek Drive,Tinley Park, IL
Friday Night: 7pm to 10pm
11 Instructors, 14 Topics, 3 Days of Intense TrainingLearn from an expert team with decades of experience in the fields of Combatives,Police Defensive Tactics, & Combat Martial ArtsCOURSES INCLUDE:
-Ground Survival
-Military Knife Combatives
-Applied Principles of Self Defense
-Combat Entries
-Tactical Police Baton
-Close Quarter Combat Clinch
-Law Enforcement Control & Compliance Holds
-Military Stick Combatives
-The Combatives Blue Print
-Combat Machete
-Close Quarter Hand to Hand Combatives
-Fire Arms Defense
2008 Conference Presenters*Card Subject to Change With Out Notice*
DAVID ESSAD
David Essad is a veteran police officer who began his career as a Detroit Police Officer in 1994. Mr. Essad has worked as a Patrol Officer, Detective, Undercover Officer, Mountain Bike Patrol, Use of Force Instructor and as a Firearms Instructor. Mr. Essad currently is a primary police combative trainer for his agency. Mr. Essad is a certified instructor of PPCT Defensive Tactics Instructor, Police grappling, OC Spray, & Taser. Mr. Essad also holds a black belt in Kenpo Karate. Mr. Essad is the founder and president of Citizen Defense Training. Mr. Essad is the current Michigan State director of the International Combatives Self Defense Association Training.
