Friday, December 19, 2003

12192003 - Commissioner Roland Fraschetti - Macomb County

Also See:

Commissioner Roland Fraschetti - Car collision during domestic



Macomb County official to undergo counseling
Detroit Free Press
December 23, 2003
BY ALEXA CAPELOTO
http://www.freep.com/news/locmac/comm23_20031223.htm

A Macomb County commissioner is to spend 30 weeks in domestic violence counseling under a plea deal stemming from a June confrontation with his girlfriend that ended in a car collision.

Roland Fraschetti, a St. Clair Shores Republican, pleaded guilty Friday to reckless driving, a 90-day misdemeanor. The charge will be reduced to careless driving, a civil infraction, if he successfully completes the counseling.

Fraschetti was accused of backing his SUV into his girlfriend's Saturn sedan with such force that it rolled onto the hood of the smaller car. The two had just argued and were in the driveway of a St. Clair Shores home owned by Fraschetti. No one was seriously injured.

"The victim didn't want me to charge him at all," said Joseph McCarthy Jr. of the St. Clair County Prosecutor's Office, which handled the case because of Fraschetti's position in Macomb County. "I told her I have to do something to make sure this doesn't happen again."

A judge will take Fraschetti's guilty plea under advisement while the commissioner attends weekly group counseling sessions run by Catholic Social Services of St. Clair County. Any failure to finish the program could result in a reckless driving conviction.

Sebastian Lucido, Fraschetti's attorney, said his client considers the deal a proper end to what essentially was a car accident. "They got into an argument and it got heated, but he never laid a finger on her," Lucido said. "The man does not have a violent bone in his body."

What really happened, Lucido said, is that "she was in a car behind him and just pulled up. When he hit the car, he was at fault."

With the careless driving infraction, Fraschetti faces three points on his driving record and a $100 fine. He must also pay $750 for the counseling program, which is the same one Commissioner Kurt Kramer was ordered into after pleading no contest to assaulting his wife in June.
Contact ALEXA CAPELOTO at 586-469-4935 or capeloto@freepress.com.


Thursday, December 11, 2003

12112003 - Firefighter Gerald Paul Thoma Jr. - Sentenced - Fruitport FD

Also See:

Firefighter Gerald Paul Thoma Jr. charged with domestic violence [June 02, 2007]













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.







Fire captain again faces a criminal charge
Muskegon Chronicle
By Heather L. VanDyke hvandyke@...
Friday, August 03, 2007
http://www.mlive.com/news/chronicle/index.ssf?/base/news-12/1186155959184030.xml&coll=8

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.

Wednesday, December 3, 2003

12032003 - Buena Vista State C.O. Ronald Mielcarek - Shot/Wounded Wife


Buena Vista State C.O. Ronald Mielcarek - Assault With Intent To Commit Murder


On December 03, 2003, Buena Vista State Corrections Officer Ronald Mielcarek shot and wounded his wife. Mielcarek was charged with assault with intent to commit murder and possessing a firearm while committing a felony.


 
 
 
 
 
 
 
 
Mielcarek's mistress claimed that Mielcarek had vowed to kill his wife with a hammer...
 
 
 
 
 
 
 
 
....Or set her house on fire with her inside....










....And that he mentioned getting members of a motorcycle gang to slay her.
















Corrections officer charged Saginaw News
December 6, 2003
DARRYL Q. TUCKER
The wife of a state corrections officer says she feared for her life when her husband jostled her from her sleep and shot at her twice, leaving her with superficial wounds, court papers indicate.

In a personal protection order request, Danelle I. Mielcarek, 28, wrote that her husband, Ronald S. Mielcarek, arrived at their Freeland home from work about 5:30 a.m. Wednesday and demanded to know about an affair that was not taking place, the document says.

Ronald Mielcarek is a corrections officer at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township.

"He pulled his gun on me and shot at me twice; once shooting the phone when I was holding it to my head and once on my way to running out the door, grazing my left ear," the papers say. "I would not be here today if those bullets were on target. I fear that I might not be as lucky next time."

Mielcarek said she fled the home and hid in the neighborhood until deputies arrived. Police arrested Ronald Mielcarek at a home in Carrollton Township about two hours after the shooting.

Doctors at Covenant HealthCare treated Danelle Mielcarek for wounds to her ear and nose and released her.

A Saginaw County Sheriff's report indicated that deputies found a hole in a phone at the couple's house and hair hanging from the hole that Danelle Mielcarek said the bullet made.

Saginaw County Probate Judge Patrick J. McGraw granted Danelle Mielcarek the protection request in effect until Jan. 4, 2006. The order also means that Ronald Mielcarek must not visit his wife's parents' home in Saginaw.

A violation could result in 93 days in jail and $500 in fines.Meanwhile, Ronald Mielcarek, 33, faces charges of assault with intent to commit murder and possessing a firearm while committing a felony.

Prosecutors will present evidence to District Judge M. Randall Jurrens, who will determine whether Ronald Mielcarek should stand trial in Circuit Court. A conviction could lead to a sentence of up to life in prison, with the possibility of parole.

Ronald Mielcarek is free on a $50,000 cash bond.













He accuses wife of affair, talks to his mistress about it
Saginaw News (MI)
June 23, 2005
A state corrections officer tried to kill his wife in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers, a prosecutor says.

Ronald S. Mielcarek arrived home about 5 a.m. Dec. 3 and argued with his wife, Danelle I. Hoffman, Saginaw County Assistant Prosecutor Jeffrey D. Stroud told a jury of eight men and six women during Mielcarek's trial.

"He took a gun, pointed it at her head and fired, taking a portion of her ear off," Stroud said.

Mielcarek then chased his wife, now 29, down the stairs and fired another shot, he said.

"She got out of the house," Stroud said. "She survived."

After the incident, Mielcarek, 35, drove to the home of a woman with whom he was having an extramarital affair and told her what happened, Stroud said.

The Saginaw resident faces charges of assault with intent to commit murder and possessing a firearm while committing a felony.

Defense attorney James F. Gust told jurors his client fired the shots but wasn't trying to kill his wife. The couple was married for two years before they divorced.

Mielcarek worked at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township, before administrators suspended him the day he faced criminal charges. A Department of Corrections spokeswoman said Mielcarek is not an active state employee.

He is in jail on a $50,000 cash or surety bond.

On Dec. 2, Mielcarek called his wife, a Delphi Corp. employee, and told her he was going out with friends, which upset her, Stroud said. Hoffman got off work, bought a six-pack of beer and drove home.

She drank five of the six beers and fell asleep, he said. About 5 a.m., Mielcarek came into the house and began screaming at her.

Mielcarek accused Hoffman of having an affair, which she denied, Stroud said.

"He had a .380 semiautomatic pistol pointed right at her," the prosecutor said.

Hoffman began dialing 911 while telling Mielcarek to put the gun down, Stroud said. When she raised the phone to her ear, he fired.

"The bullet goes through the phone, shattering the phone," which took a chunk off her ear, Stroud said.

With the destroyed phone in her hand, Hoffman fled the bedroom, went downstairs to the kitchen and got another phone, he said. As she neared the front door, Mielcarek fired another shot, Stroud said.

A hysterical Hoffman told 911 dispatchers what happened, Stroud said. She also ran to neighbors' homes and pounded on doors, but no one came out, Stroud said.

A short time later, a sheriff's deputy arrived.

Later in the day, police found Mielcarek at the home of his mistress and arrested him, Stroud said.

The woman at first denied knowledge of the incident but later said Mielcarek told her he believed he had killed his wife when he shot at her, Stroud said.

The other woman will testify that Mielcarek had vowed to kill his wife with a hammer or set her house on fire with her inside, and that he mentioned getting members of a motorcycle gang to slay her, Stroud said.

Prosecutors won't succeed in proving that Mielcarek tried to kill Hoffman, Gust said. Mielcarek had an alcohol problem, and he and his wife had fought verbally, the attorney said.

"There will be no evidence he ever assaulted her on prior occasions," Gust said.

Both Mielcarek and Hoffman were intoxicated the morning of the shooting, Gust said.

"It was a pretty stupid thing for him to do," he said. "We're not saying he didn't do anything wrong; we are saying he didn't intend to kill his wife."

He could have killed her if he wanted to, but he didn't."












Corrections officer convicted on gun charge
Saginaw News (MI)
June 28, 2005
A jury deadlocked Monday on whether a state corrections officer tried to kill his wife in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers.

However, the jury of four men and eight women did convict Ronald S. Mielcarek of having a gun during the incident with his wife, Danelle I. Hoffman.

Saginaw County Circuit Judge Robert L. Kaczmarek will sentence Mielcarek, 35, on Monday, Aug. 15, to the mandatory sentence of two years in prison for possessing a firearm while committing a felony.Court officials have not set the date for Mielcarek's retrial.

About 5 a.m. Dec. 3, Mielcarek came home and argued with his wife, prosecutors said. He took a gun, pointed it at her head and fired, shooting off part of her ear, they said.

Mielcarek is in jail on a $50,000 cash or surety bond.












Former officer going to prison
Saginaw News (MI)
August 16, 2005
A former state corrections officer is headed to prison for a weapons charge involving his wife.

Ronald S. Mielcarek, 35, is serving a two-year sentence for possessing a firearm while committing a felony.

During Monday's hearing, Saginaw County Circuit Judge Robert L. Kaczmarek gave Mielcarek credit for 535 days he served in jail while awaiting trial. The judge also ordered Mielcarek to pay $120 in fees and fines.

In June, a jury deadlocked on whether Mielcarek tried to kill his wife, Danelle I. Hoffman, in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers.

Prosecutors have said they will again try Mielcarek on a charge of assault with intent to commit murder. Court officials have not set the date for Mielcarek's retrial.

About 5 a.m. Dec. 3, Mielcarek came home and argued with his wife, prosecutors said. He took a gun, pointed it at her head and fired, shooting off part of her ear, they said.

Hoffman fled the house and a short time later, sheriff's deputies arrived.

Mielcarek worked at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township. Administrators suspended him the day he faced criminal charges. A Department of Corrections spokeswoman said Mielcarek is not an active state employee.













Jury: Guilty of assaulting wife
Saginaw News (MI)
January 12, 2006
A former state corrections officer already serving a prison term on a weapons charge involving his wife now is convicted of trying to kill her.

Ronald S. Mielcarek, 35, was in Saginaw County Circuit Court on Wednesday when a jury of eight men and four women found him guilty of assault with intent to murder Danelle I. Hoffman.

Jurors deliberated for about 31Ú2 hours.

Mielcarek, who is serving two years in prison for possessing a firearm while committing a felony, will receive his sentence Tuesday, Feb. 21. He faces life behind bars.

In June, a jury deadlocked on whether Mielcarek tried to kill Hoffman in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers.

About 5 a.m. Dec. 3, Mielcarek came home and argued with his wife, authorities said. He took a gun, pointed it at her head and fired, shooting off part of her ear, they said.

Hoffman fled the house, and sheriff's deputies arrived a short time later.

Mielcarek worked at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township. Administrators there suspended him the day he faced criminal charges, and the Department of Corrections later fired Mielcarek.













Former corrections officer gets 10 to 20 in shooting
Saginaw News (MI)
February 22, 2006
A former state corrections officer has received punishment for trying to kill his wife.Ronald S. Mielcarek, 35, learned Monday that he will spend the next 10 to 20 years in prison for assault with intent to murder Danelle I. Hoffman. A jury convicted Mielcarek.

After the hearing, Hoffman said she is "pleased with the sentence" and glad the case is over.

During the proceeding, Mielcarek turned to Hoffman and apologized to her. He said what he did "was unacceptable" and it "was truly out of character for me."

Mielcarek, who said he had consumed alcohol the night of the incident, argued through his attorney that his offense was more consistent with felonious assault and that he should serve only three to 10 years in prison.

In June, a jury convicted Mielcarek of possessing a firearm while committing a felony against Hoffman but deadlocked on whether he tried to kill her in their Freeland home in December 2003 after accusing her of having an affair with one of her co-workers.

About 5 a.m. Dec. 3, Mielcarek came home and argued with his wife, prosecutors said. He took a gun, pointed it at her head and fired, shooting off part of her ear.

Hoffman fled, and sheriff's deputies arrived a short time later.

Mielcarek worked at the Buena Vista Corrections Center, 1835 Treanor in Buena Vista Township. Administrators there suspended him the day he faced criminal charges, and the Department of Corrections later fired Mielcarek. He also said he had worked as a respiratory therapist at Gratiot Community Hospital.


















































































Monday, November 10, 2003

11102003 - Officer David Gronin - Reinstated - Southgate PD

Also See:

Officer David Gronin convicted of domestic violence




Officer reinstated to job
November 12, 2003
By Andrea Blum,
The News-Herald
http://www.thenewsherald.com/stories/111203/loc_20031112078.shtml

SOUTHGATE -- A former police officer is back on the force.

David Grondin resumed his duties as a police officer after winning an arbitration dispute with the city.

He was fired from the department March 27 after working there for three years. Grondin was let go for insubordination stemming from several department issues, in addition to a domestic assault involving his ex-wife and another man, police said.

The union asked to take the matter to arbitration. The three-day hearing wrapped up Friday, with Grondin getting his job back on a probationary period.

"It was a negotiated settlement between the union and the city," Police Chief Larry Hall said. "He has been reassigned to a shift and is returning to work."

Grondin maintained that he was fired unfairly and fought to return to his job. "I'm happy to be back and to be given a second chance," he said.

The settlement reinstates Grondin without any back pay or back benefits. It also places him on probation for another year.

"With the grievant wanting to come back to work in the city, it was decided that a year off without pay was a significant sanction," City Attorney Wallace Long said. "The city is agreeing to go forward on this trial basis with him being on probation."

Arbitrator Mario Chiesa helped the two sides negotiate. "Discussions ranged all over the place as to what had occurred," Long added. "It's fair to say that after a long and healthy airing of all the issues surrounding his conduct, both parties thought it was in the best interest to resolve it in this fashion."










Police beat

Published: Sunday, May 25, 2003
The News-Herald
http://www.thenewsherald.com/articles/2003/05/25/police/20030525-archive0.txt?viewmode=fullstory

Former officer gets probation in assault

SOUTHGATE - A former city police officer was sentenced May 15 on two assault charges.

David Grondin will spend a year on probation for an altercation with his ex-wife and another man in November.

Grondin, 29, also must attend classes on anger management and domestic violence as a result of the incident, as well as pay a $1,000 fine.

He is allowed no contact with the two others involved or their families.

If he meets all of those conditions, after a year the charges will be expunged from his record, as he is a first-time offender.

He pleaded no contest to both counts during a trial May 1 in 27th District Court, Division I, in Wyandotte.

Grondin was arrested by Riverview police inside the Southgate Police Department on Nov. 15 and charged with one count of domestic assault and one count of assault and battery.

He was fired from the department March 27 after working there for three years.

Since then, he has sought employment with the reservation police in Sault Ste. Marie.

A circuit court order prohibits Grondin from carrying a gun, but he is challenging that order.

Grondin was fired due to several internal department issues, according to Police Chief Larry Hall, in addition to the assault incident.

The union has asked to take the matter to arbitration.

"Its not a case where the arbitrator would exonerate him," Hall said. "They will look at if the action of the city was proportionate and equitable given the charges."

He said the matter likely wouldnt go to arbitration sooner than November.



Wednesday, October 22, 2003

10222003 - Assist Prosector Kevin Floyd - Jailed For Violation Of Pretrial Release - Kent County








Kent County Prosecutor Kevin Floyd was charged with misdemeanor assault and battery and aggravated stalking for a May 23, 2003 altercation with his ex-wife. Floyd was placed on pretrial release, pending trial.












In October 2003, Assistant Prosector Floyd was jailed for one week.










Upon his release from jail [October 29, 2003], Assistant Prosecutor Floyd was fitted with an electronic tether.









ALSO SEE:

Kent County Assistant Prosecutor Kevin Floyd. May 23, 2007: Assault and battery; aggravated stalking charges.
http://michiganoidv.blogspot.com/2003/10/october-22-2003-assistant-prosecutor.html


Kent County Assistant Prosecutor Kevin Floyd. February 27, 2004: Pretrial release revocation hearing for failure to pay electronic tether fees.
http://michiganoidv.blogspot.com/2004/02/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. July 12, 2005: Violation of probation.
http://michiganoidv.blogspot.com/2005/07/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. December 30, 2005: Criminal contempt in civil case / divorce case.
http://michiganoidv.blogspot.com/2005/12/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. August 21, 2006: 30 day suspension ordered by State of Michigan Attorney Discipline Board for Floyd's assault and battery conviction.
http://michiganoidv.blogspot.com/2006/08/assistant-prosecutor-kevin-floyd-kent.html


Kent County Assistant Prosecutor Kevin Floyd. May 31, 2007: Attempted to appeal May 10, 2007, parenting time ruling.
http://michiganoidv.blogspot.com/2007/05/assistant-prosecutor-kevin-floyd-kent.html











































PAGE #1 OF STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD AUGUST 21, 2006 RULING: "At sentencing, on October 29, 2004, respondent was sentenced to 30 days in jail with credit for 16 days served.












New procedures will make sure tethers are turned on
Saturday, February 28, 2004
By Doug Guthrie
The Grand Rapids Press
http://www.mlive.com/news/grpress/index.ssf?/base/news-13/107796711258720.xml

New policies are in place to prevent the same shutdown of an electronic tracking tether that occurred when a former Kent County assistant prosecutor -- accused of stalking his estranged wife -- failed to pay required maintenance fees.

The global positioning satellite tracking device that one-time judicial candidate Kevin Floyd was required to wear was ordered shut off Feb. 2 for failure to pay maintenance fees to a Detroit-area electronic surveillance company. It was reactivated two days later.

"It would be bad to have someone get off a tether by just not paying for it," said Kent County Chief Circuit Judge Paul Sullivan. "It's the height of absurdity to have had this happen. From a policy standpoint, this should never happen again."

The county contracts with a leasing company called House Arrest Services for the ankle-attached tracking equipment.

Floyd had been ordered to pay $16 a day for the device. Other tethers in common use are half as expensive.

Court records show Floyd made only an initial payment when he was released from jail and fitted with the device on Oct. 29. Floyd, who resigned from his nearly $90,000-a-year job after 14 years with the Kent County Prosecutor's office, had argued he didn't have the money to pay.

He quit after being charged with aggravated stalking for violating a personal protection order obtained by his estranged wife, Andrea Morgan-Floyd.

The device allows people accused of potentially violent crimes to remain free on bond while awaiting trial.

Unlike standard electronic tethers which warn authorities if a person has left home, the GPS tether sends a signal to a receiver in the hands of the alleged victim, warning that the accused is nearby.

Authorities have said Floyd apparently was unaware that his tether was turned off, until notified by the court after it was turned back on. Floyd avoided returning to jail on Friday when he paid nearly $1,300 in overdue maintenance fees. He also paid an additional $500 for the service through March, according to his lawyer, John Beason.

Sullivan said the Floyd case was unique because it apparently is the only time a GPS tether has been turned off without a judge's order.

Sullivan said there now are procedures in place to ensure failure to pay is addressed in court before any services are turned off.

Jon Ugval, director of operations for House Arrest Services of Eastpointe, near Detroit, said his company turned off the device on orders issued from within the Kent County court's bureaucracy.

"We have never taken them off line without a court's approval," Ugval said. "It was not a House Arrest Services call. All we do is provide information for the court. Decisions are made at that level."

Sullivan said the GPS device rarely has been used in the nearly three years it has been available. He said higher cost is a factor, but the other alternative is to put the person in jail. Given the option, many defendants prefer to pay rather than go to jail, he said.


Floyd, 40, has been free on $40,000 bond since his release after a week in jail in October.

A Kalamazoo County judge assigned to the case last week gave Floyd until noon Friday to pay or go to jail.

"The judge (Kalamazoo Circuit Judge Philip D. Schaefer) was fair and reasonable in giving Kevin a chance to pay," Beason said. "We also appreciate the judge's lifting of a restriction preventing Kevin from seeing his son. The judge was fatherly and compassionate."

Schaefer is handling the case because Kent County's judges declined due to familiarity with Floyd. Kent County's prosecutor also backed away from the case for the same reason.

No date has been set for Floyd's trial. The crime is punishable by up to five years in prison, $7,500 in fines and at least five years of probation. Misdemeanor assault charges also stemming from another alleged domestic incident were dismissed in Kentwood District Court in January.