Friday, November 12, 2021

11122021 - Warren Activist Jerry Tommie Bell - Sentenced For Assault Of Macomb County Commissioner Michelle Nard - Facing A Possible Life Sentence, Bell Only Sentenced To Probation

 


Jerry Tommy Bell Case Posts:





















Macomb commissioner had presence of mind to videotape 2nd sexual assault
Reports paint picture of Sept. 20 events involving Bell, Nard
Macomb Daily
December 16, 2021



Armed with a screwdriver, Jerry T. Bell raped a woman twice in the same night. But what the Warren resident didn’t know at the time was during the second incident, his victim was able to record the attack on her cellphone as documented evidence to later show to police and prosecutors.

“(O)nce the phone was on the table, Jerry again physically held her down and began to sexually assault her,” police wrote in a report.

She told officers “that she repeatedly told Jerry to stop and that she didn’t want to have sex with him, knowing it would be captured on video.”

Moments later, after Bell alternately threatened to harm the woman or take his own life, she was able to flee through the front door that had been left unlocked.

That’s the sum of what the victim, Michelle Nard, a member of the Macomb County Board of Commissioners, told investigators about the kidnapping and sexual assault as spelled out in a series of reports obtained by The Macomb Daily under the Freedom of Information Act.

The Macomb Daily generally does not name victims of sexual assault, but Nard has publicly acknowledged it was her who was forcibly raped.

Bell was arrested and arraigned on six felony charges, but later released from jail after pleading guilty to misdemeanor charges and sentenced to time served.

Bell, who is well known as an activist in Warren’s political circles, declined to comment Sunday. He said he has not been in contact with Nard, who he formerly described as being his fiancee, since the incident.

“I think this was a private matter that has since been resolved and I don’t wish to talk about it,” he said.

Likewise, Nard also did not wish to comment.

“This was an unfortunate personal matter that is over with,” Nard said.

Police reports show officers were called to Nard’s residence in south Warren in the early morning hours of Sept. 20, 2021.

Bell, who Nard said had been smoking marijuana, came to her place about 6 p.m. the night before. Nard had left the door unlocked, so Bell was able to let himself in, the reports state.

Almost as soon as he entered the house, Nard said Bell “began to argue and insult her by calling her names,” she told police. Nard said Bell continued to “antagonize” her for several hours.

Nard told police she was “scared” of Bell’s behavior and asked him to leave several times, according to reports. Those documents show Bell said he wouldn’t leave and demanded the two have sex. When Nard refused, Bell told her “at least” she should perform oral sex on him.

At one point, Bell chased Nard around a room, knocking over a chair and breaking its leg. Then Bell grabbed Nard, threw her on a bed, where he climbed on top of her. He was able to sexually assault her on the bed, reports said.

Police say after the assault, Bell lay on the bed next to her and again threatened to kill her if she tried to leave.

“(S)he continued to lay down next to Jerry, as she believed he would kill her, based on what he had already done to her,” investigators said in their report.

Nard said the two were on the bed for about an hour. She picked up her cellphone under the guise of emailing a friend but activated the camera function to record without Bell noticing, the reports state.

According to police reports, Bell then sexually assaulted her a second time. Then he walked into the kitchen.

“Once Jerry was out of sight, she stood up and ran to the front door where she opened it and fled the residence,” police wrote. As she continued to run, Bell yelled out that if any police officers showed up, he would shoot them.

Police found him a short time later on foot and arrested him near Lawrence and Timken avenues in the area of Nine Mile Road and Van Dyke Avenue.

He previously told The Macomb Daily that he and Nard had been together for about four months and she became angry when he broke off the relationship. He said they did have consensual sex that day.

Bell, who works as a taxi driver and for the Wayne County Medical Examiner’s Office, was arraigned Oct. 1 on charges of criminal sexual conduct, extortion, assault with intent to great bodily harm, felonious assault and kidnapping. He also was charged with one count of misdemeanor domestic violence.

He entered a guilty plea in 37th District Court to misdemeanor charges of stalking and domestic violence. He received credit for the 43 days he served in Macomb County Jail and must undergo 52 weeks of batterers intervention counseling.

Nard spoke on Bell’s behalf at the sentencing, telling a judge that she did not feel threatened by him.

“I offered to do this for Mr. Bell because I believe he is a good person,” she said in court. “He had a bad moment, and it was a very unfortunate personal situation that I wish had never happened. I do want to offer this mercy to him because I do believe he will be a good person in society and that he will do the things that he needs to do.”














New reports in Bell case detailed
Videotape evidence of second sexual assault shown to police, prosecutors
The Macomb Daily
December 06, 2021
The 93 pages of police reports, search warrants and returns contained quite a few redactions.

Armed with a screwdriver, Jerry T. Bell raped a woman twice in the same night. But what the Warren resident didn’t know at the time was during the second incident, his victim was able to record the attack on her cellphone as documented evidence to later show to police and prosecutors.

“(O)nce the phone was on the table, Jerry again physically held her down and began to sexually assault her,” police wrote in a report.

She told officers “that she repeatedly told Jerry to stop and that she didn’t want to have sex with him, knowing it would be captured on video.”

Moments later, after Bell alternately threatened to harm the woman or take his own life, she was able to flee through the front door that had been left unlocked.

That’s the sum of what the victim, Michelle Nard, a member of the Macomb County Board of Commissioners, told investigators about the kidnapping and sexual assault as spelled out in a series of reports
obtained by The Macomb Daily under the Freedom of Information Act.

The Macomb Daily generally does not name victims of sexual assault, but Nard has publicly acknowledged it was her who was forcibly raped.

Bell was arrested and arraigned on six felony charges, but later released from jail after pleading guilty to misdemeanor charges and sentenced to time served.

Bell, who is well known as an activist in Warren’s political circles, declined to comment Sunday. He said he has not been in contact with Nard, who he formerly described as being his fiancee, since the incident.

“I think this was a private matter that has since been resolved and I don’t wish to talk about it,” he said.

Likewise, Nard also did not wish to comment.

“This was an unfortunate personal matter that is over with,” Nard said.

Police reports show officers were called to Nard’s residence in south Warren in the early morning hours of Sept. 20, 2021.

Bell, who Nard said had been smoking marijuana, came to her place about 6 p.m. the night before. Nard had left the door unlocked, so Bell was able to let himself in, the reports state.

Almost as soon as he entered the house, Nard said Bell “began to argue and insult her by calling her names,” she told police. Nard said Bell continued to “antagonize” her.

Nard told police she was “scared” of Bell’s behavior and asked him to leave several times, according to reports. Those documents show Bell said he wouldn’t leave and demanded the two have sex. When Nard refused, Bell told her “at least” she should perform oral sex on him.

At one point, Bell chased Nard around a room, knocking over a chair and breaking its leg. Then Bell grabbed Nard, threw her on a bed, where he climbed on top of her. He was able to sexually assault her on the bed, reports said.

Police say after the assault, Bell lay on the bed next to her and again threatened to kill her if she tried to leave. “(S)he continued to lay down next to Jerry, as she believed he would kill her, based on what he had already done to her,” investigators said in their report.

Nard said the two were on the bed for about an hour. She picked up her cellphone under the guise of emailing a friend but activated the camera function to record without Bell noticing, the reports state.

According to police reports, Bell then sexually assaulted her a second time. Then he walked into the kitchen.

“Once Jerry was out of sight, she stood up and ran to the front door where she opened it and fled the residence,” police wrote. As she continued to run, Bell yelled out that if any police officers showed up, he would shoot them.

Police found him a short time later on foot and arrested him near Lawrence and Timken avenues in the area of Nine Mile Road and Van Dyke Avenue.

He previously told The Macomb Daily that he and Nard had been together for about four months and she became angry when he broke off the relationship. He said they did have consensual sex that day.

Bell, who works as a taxi driver and for the Wayne County Medical Examiner’s Office, was arraigned Oct. 1 on charges of criminal sexual conduct, extortion, assault with intent to great bodily harm, felonious assault and kidnapping. He also was charged with one count of misdemeanor domestic violence.

He entered a guilty plea in 37th District Court to misdemeanor charges of stalking and domestic violence. He received credit for the 43 days he served in Macomb County Jail and must undergo 52 weeks of batterers intervention counseling.

Nard spoke on Bell’s behalf at the sentencing, telling a judge that she did not feel threatened by him.

“I offered to do this for Mr. Bell because I believe he is a good person,” she said in court. “He had a bad moment, and it was a very unfortunate personal situation that I wish had never happened. I do want to offer this mercy to him because I do believe he will be a good person in society and that he will do the things that he needs to do.”
















Warren activist released; pleads guilty to misdemeanors
Six felony charges dropped
Macomb Daily
November 14, 2021





Warren activist Jerry Tommie Bell was released from the Macomb County Jail on Friday after pleading guilty in 37th District Court to misdemeanor charges of stalking and domestic violence.

Bell was originally arraigned on Oct. 1, 2021, and charged with one count of misdemeanor domestic violence and six felony counts: two counts of criminal sexual conduct; extortion; assault with intent to do great bodily harm less than murder or by strangulation; felonious assault; and kidnapping. The charges stem from an alleged incident that reportedly occurred on Sept. 20, 2021, between Bell and Macomb County Commissioner Michelle Nard.

Bell received five years of reporting probation and is required to complete 52 weeks of batterers intervention counseling. He received credit for the 43 days he served in the Macomb County Jail. An existing no-contact order is to remain in place until Bell has completed 12 batterers intervention classes and shown proof of completion to the court.

“After the 12 classes have been completed, the no-contact order will be modified to no-hostile contact,” said Judge Michael Chupa. “That means you may talk to Ms. Nard and you may be in her presence, but you will not be permitted to threaten, harass, intimidate, insult, accuse, molest, harm, frighten or terrorize her for any reason. If you engage in an activity that I wouldn’t do to my spouse, I will not ignore that and I will lock you up for a good, long time.”

Prosecuting attorney Jennifer Janetsky told the court that Nard asked for the felony charges to be dropped and requested the specific terms and conditions included in the plea agreement. Bell said during Friday’s proceedings that he and Nard were engaged at the time of the Sept. 20 incident. Bell and Nard were opponents in the Warren City Council District 5 race during the 2019 election.

“There are only two people who have the ability to change the pattern that is happening in this relationship,” Janetsky said. “One is Ms. Nard, who has chosen mercy in this case over going forward. That was her choice, and I stood by that choice at her request. The other contributor to change here is Mr. Bell himself. It is essential that Mr. Bell avail himself of the counseling that is a part of this plea agreement so that he can learn to change the patterns of behavior that caused him to be violent to Ms. Nard and to other women as well.”

Nard spoke on Bell’s behalf Friday telling Judge Chupa that she did not feel threatened by him.

“I offered to do this for Mr. Bell because I believe he is a good person,” Nard said. “He had a bad moment, and it was a very unfortunate personal situation that I wish had never happened. I do want to offer this mercy to him because I do believe he will be a good person in society and that he will do the things that he needs to do.”

Nard told Judge Chupa that she had contacted Bell’s employers at the Wayne County Medical Examiner’s office and the taxi company for which he drives, and both indicated they were willing to allow Bell to resume his previous duties with them.

Nard asked that the personal protection order that is currently in place be lifted so that Bell may have contact with members of her family. Chupa said it was not in his power to lift that order.

“I have grandchildren that really like him and are missing him and want to talk to him,” Nard said.

When given the chance to speak to the court, Bell apologized to Nard and to the prosecutor and judge.

“I want to apologize to Ms. Nard for my behavior,” said Bell, who joined the proceedings via Zoom from the jail. “It was a difficult moment, and I just want to let her know that I am very sorry and that I want to do whatever I need to do to get the necessary counseling in order to move forward to be more productive, not only with Ms. Nard but in society.”

Bell was represented by Elisha Oakes from the Macomb County Public Defender’s office who, along with Janetsky, was also present via Zoom.

Chupa stated multiple times that he was not certain that Bell deserved the reduction in charges and commended Nard for her “grace and forgiveness.” The judge referenced letters written by Nard to him and to the prosecutor advocating for Bell.

“I don’t know how you came to be so lucky and how Ms. Nard came to be so kind,” Chupa said. “I can’t imagine the circumstance that would cause Ms. Nard to go through all of this to have multiple charges brought against you, and then have the grace and the kindness to write you a letter to the prosecutor and dismiss life offenses in favor of this plea bargain is a level of grace that I don’t know if I would ever have if, in fact, the original charges are supported by the facts.”

Because the two attorneys agreed to the plea bargain, Chupa said he would support it but indicated the terms of the agreement were not subject to change and that any violations of probation would not be tolerated.

“I expect you to live like the person Ms. Nard thinks you can be,” Chupa said. “I expect you to live like the person I require you to be. You got a deal here that I am not persuaded that you are entitled to.”

A preliminary exam had been scheduled for Nov. 23, which the plea deal renders unnecessary.















Bell arraigned on felony charges in Warren court
Macomb Daily, The (MI)
October 1, 2021 




Former Warren City Council candidate and political gadfly Jerry T. Bell was arraigned in 37th District Court Friday morning on six felony counts and one misdemeanor charge.

Bell was arraigned before Judge Matthew Sabaugh on two counts of first degree- criminal sexual conduct; extortion; assault with intent to do great bodily harm less than murder or by strangulation; felonious assault; kidnapping; and domestic violence. Kidnapping is punishable by up to life in prison.

The charges stem from an alleged incident that occurred on Sept. 19 between Bell and Macomb County Commissioner Michelle Nard. The two were opponents in the 2019 Warren City Council race in District 5, but apparently had entered into a personal relationship afterward. Bell has introduced Nard as his fiancé at a Sept. 14 Warren City Council meeting.

Bell is charged as a "habitual offender, third offense" due to two charges brought against him in 1997 involving breaking and entering and auto theft.

Bell, who was represented by attorney Cecil St. Pierre at the arraignment but requested a public defender be provided by the court, stood mute and a plea of not guilty was entered on his behalf.

"I know these are serious charges brought against my client, but I do not believe these two charges from 1997, something that happened 24 years ago, should be used as some kind of character assessment," said St. Pierre, a former longtime council member and past president.

The judge set bond at $500,000 cash surety and ordered Bell be fitted with a tether if he is released on bond.

A no-contact order was issued to Bell on Thursday and Sabaugh reminded Bell he was not allowed to see, call, text, or write the alleged victim. A preliminary conference date was set for Oct. 12 in front of Judge Michael Chupa.

The Genesee County prosecutor's office was assigned the case because Macomb County prosecutor Peter Lucido recused himself due to the appearance of impropriety.

Assistant prosecuting attorney Jennifer Janetsky and St. Pierre both deferred to Sabaugh with regard to recommending bond as did Sgt. Daniel Bozek of the Warren Police Department. Sabaugh emphasized the charges against Bell were serious and asked legal counsel again for their opinions regarding bond.

"Any bond that keeps the community and Ms. Nard safe is acceptable to the prosecution," Janetsky finally offered.

Sabaugh called Nard to the front of the courtroom and asked for her thoughts on the matter.

"I do not feel Mr. Bell is a threat to the community or a threat to me," said Nard.

"You know what he's charged with, right?" said Sabaugh. "He's charged with a life offense and you don't mind if he has contact with you?"

"I don't mind if he calls me on the phone," said Nard. "I don't want to see him in person."

"Whatever relationship you had in the past, is that over?" said Sabaugh. "Can I ask that?"

Nard responded: "Yes it is."

Sabaugh reminded Nard the personal protection order that was issued to Bell on her behalf meant there should be no contact between the two.

St. Pierre alleged Nard and Bell had "gone on dates" on Sept. 25-27, and asked for a "reasonable bond" for his client.

"This is a very strange situation," said St. Pierre. "They've been out on dates and she's been calling him. We have the records from his cell phone to show this. This has been going on since the alleged incident so that's probably why she said she doesn't feel threatened since she has been going out on dates with Mr. Bell. As you say, these are very serious charges and quite frankly, I wouldn't date anybody that made those allegations against me."

Janetsky said she was not aware that Nard and Bell had allegedly been out on dates since the incident in question and said she would need to speak with Nard more about that.

"Regardless of if Mr. Bell's priors happened in 1997, prosecution has the authority to charge him as a habitual offender which increases, quite considerably, the potential penalties," said Sabaugh. "Based on the charges, the defendant is a dangerous person."

Shortly after the hearing, a statement was issued from Warren City Council members Patrick Green, Mindy Moore, Garry Watts and Jonathan Lafferty and city Treasurer Lorie Barnwell expressing concern about the events that led to Friday's court proceedings.

The first paragraph of the statement offered support to Nard and expressed "alarm" regarding the charges against Bell. The next three paragraphs of the same statement criticized Mayor James Fouts, of whom Bell is known as an ardent supporter, and demanded the mayor distance himself from Bell and "stop fraternizing, promoting, and using Jerry T. Bell as a political weapon."

Fouts called the statement "shameless" and "despicable."

"I condemn this city council for taking a serious situation like domestic abuse and making it into a political grandstanding thing so they can enhance themselves at the expense of the victim," said Fouts. "Right now, our sympathy should be with Michelle and all other people who have been affected by domestic violence."

The statement also alleged that upon his release from the Warren city jail last week, Bell met with Fouts in the mayor's office at City Hall. Fouts denies the meeting occurred and offered to have anyone review security video from the building to prove that Bell was not there.

Fouts said he knows both Bell and Nard, and that he endorsed Nard when she ran for a seat on the Macomb County Board of Commissioners.

"What I don't know is what happened between them the day of the alleged incident," the mayor said. "I like both of them and I'm saddened by this situation, but I abhor domestic violence and I would never support that."

Watts was in attendance at the proceedings as was District 5 City Councilman Eddie Kabacinski.

Warren resident Joel Vanderlinden, who was charged with allegedly assaulting Bell during a city council meeting in July, was in attendance and had his cell phone temporarily confiscated by court personnel after he attempted to capture a video of the proceedings. Attendees are not allowed to take photographs or record videos in court.



Sunday, November 7, 2021

11072021 - 18 USC § 921(a) - Firearms - Exception To DV Gun Ban: Expungement/Setting Aside Of DV Conviction - VAWA Of 2019 / Red Flag Law

 




Why was the Lautenberg Amendment created?
"Senator Lautenberg intended to close a dangerous loophole in the Gun Control Act enabling domestic violence offenders to evade an additional felony conviction for gun possession by getting domestic violence felony charges reduced to misdemeanors."








Also See:


(g) It shall be unlawful for any person
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or 
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(9) who has been convicted in any court of a misdemeanor crime of domestic violence to ship or transport in interstate or foreign commerce, or possess in or affecting commerce any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.









18 USC § 921(a) - Firearms - VAWA Red Flag Law (2019)
(33)(A) Except as provided in subparagraph (C),2 the term “misdemeanor crime of domestic violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal 3 law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

(33)(B)(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.








11072021 - 18 USC § 922(g)(8) - Personal Protection Order Gun Ban

 


Also See:





(g) It shall be unlawful for any person—
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or 
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(9) who has been convicted in any court of a misdemeanor crime of domestic violence to ship or transport in interstate or foreign commerce, or possess in or affecting commerce any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.















5. I ask the court to grant a person protection order prohibiting the respondent from:
k. purchasing or possessing a firearm.


















6. IT IS ORDERED: RESPONDENT is prohibited from:
k. purchasing or possessing a firearm.
7. As a result of this order, federal and/or state law may prohibit you from possessing or purchasing ammunition or a firearm.








Sunday, October 31, 2021

10312021 - Officer-Involved Domestic Violence Website Reaches 1,000,000 Views [2011-2021]

 


















A large number of the daily visitors on my website are city, county, state, and federal agencies. The MIOIDV website allows officials to access these cases instantly so they don't have to spend hours and days researching OIDV cases themselves.

Additionally, the website allows state officials to follow current OIDV cases as they progress through the criminal justice system. Thus, officials are able to witness first-hand the discrepancy in how OIDV criminal cases are handled differently than non-officer involved DV cases.




























Tuesday, October 26, 2021

10262021 - Translation Of Detroit's "Sgt. Elaine Williams Domestic Violence Ordinance": Upholding The Federal Lautenberg DV Gun Ban/No MCL 769.4a Plea Bargain






"The Wayne County Prosecutor said Johnson shot Williams five times in front of her 12-year-old son in 2019 in their Garden City home."















On June 02, 2019 Detroit PD Sergeant Elaine Williams was shot and killed during a domestic. Her boyfriend, Eddie Ray Johnson was charged with first-degree murder. Elaine's family and law enforcement have fought for justice for Elaine, especially after Judge Lawrence Talon granted Johnson bond in April 2021.

The family's and law enforcement's fight for Elaine included the "Sgt. Elaine Williams Domestic Violence Ordinance" - which bans anyone convicted of a domestic violence charge in the city of Detroit/prosecuted by the Detroit City Attorney, from ever being able to purchase a firearm.

NOW, people are furious, claiming this violates their Second Amendment rights. NO it does not. The federal Lautenberg Domestic Violence Gun Ban/18 U.S.C. § 922(g)(9) enacted in 1996 prevents anyone convicted of a misdemeanor or felony DV charge of ever possessing/owning/purchasing a gun. Period.

Michigan mentality to the Lautenberg Amendment: Congressman Bart Stupak (a former police officer) was not happy that the Lautenberg Amendment included police officers convicted of domestic violence. Stupak attempted to have police officers exempt by introducing bill H.R. 445, 105th Congress. Stupak's attempt to have police officers exempt from the Lautenberg Amendment failed.

Meanwhile, in Michigan, state legislators took up Congressman Stupak's battle cry to protect law enforcement officers from the Lautenberg Amendment. Keep in mind, no state law can supersede a federal law AND a state cannot ignore a federal law.

So, our state legislators turned to MCL 769.4a - which had been first enacted in 1978, when domestic violence was beginning to be processed as a criminal offense. In order to prevent the strain domestic violence charges would place on the court system and jails, MCL 769.4a allowed an offender to plead guilty to a misdemeanor offense in exchange for the offender being placed on probation and attending counseling instead of  going to jail - and at the end of the probation period, the offender's conviction would be expunged from their record.

Question is, why had MCL 769.4a not been removed from the books when the Lautenberg Amendment was enacted? Why did our state legislators instead use MCL 769.4a to circumvent the Lautenberg Amendment

MI legislators inserted into MCL 769.4a: "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." = Michigan legislators bypassing the Lautenberg Amendment/ Michigan's Lautenberg Loophole, which has been used to save the jobs of law enforcement officers charged with domestic violence offenses. Screw the officer-involved domestic violence victim and her safety.

Since the enactment of the Lautenberg Amendment, MI legislators have repeatedly amended MCL 769.4a to protect abusing law enforcement officers from being held criminally responsible for their violent crimes. Detroit Police Officer Gary Steele is an infamous MCL 769.4a plea bargain case. Facing life in prison for the the brutal violent attack on his ex-girlfriend, Steele only received one year probation and was placed back on duty.

Back on duty, Steele broke the arm of Elaine Murriel during an arrest. AND, as Murriel was driven away from the scene by another officer, Steele pointed his hand as a gun and 'aimed at' Murriel. Steele was never reprimanded by the Detroit PD for his breaking of Murriel's arm - and remained on the department thereafter.

Since the use of MCL 769.4a to circumvent the Lautenberg Amendment, it is common-place for officers charged with domestic violence to get this plea bargain and be back on duty with a gun strapped to their hip.

Prosecutors, who don't want to deal with domestic violence cases and trials, are all too  eager to hand non-officer involved domestic violence abusers this same get out of accountability card/MCL 739.4a plea deal - no matter how violent the abuser is and no matter the danger the abuser poses to the victim.

What the state of Michigan now has: a bunch of convicted violent dangerous domestic violence abusers who have a right to purchase/own guns, because the Lautenberg Amendment was by-passed by prosecutors via MCL 769.4a. - and these same convicted abusers are more likely to kill the next time they abuse their victim.

How dangerous is the MCL 769.4a plea bargain/Lautenberg Amendment Loophole to victims of domestic violence?
In 2020 Senate Bill 257 Of 2019/ACT NO. 115 amending MCL 769.4a was enacted. Under the new amendment, an offender can only receive probation - no jail time. The list of domestic violence crimes allowed for the plea was expanded to include everything less than murder. No matter how brutal the attack on a victim, the abuser was eligible for a plea under MCL 769.4a - and would be allowed to purchase/own a gun. 

Not only have Michigan legislators successfully circumvented the Lautenberg Amendment but they have practically decriminalized domestic violence under MCL 769.4a.

HOWEVER, a prosecuting attorney/city attorney does not have to offer/use the MCL 769.4a plea bargain to anyone charged with a domestic violence charge.  The city of Detroit will no longer use MCL 769.4a, due to the increase in domestic violence deaths.















Convicted of domestic violence and living in Detroit? You could lose your gun.
Detroit Free Press
October 27, 2021



The Detroit City Council approved a new local law this week that will allow authorities to strip firearms away from anyone convicted of a misdemeanor related to domestic violence.

Council members at Tuesday's meeting approved the Sgt. Elaine Williams Domestic Violence ordinance, named after a police sergeant who was shot and killed in her home by Eddie Ray Jr. Johnson in 2019 during a domestic violence incident.

Supporters praised the new measure a way to keep guns out of the hands of those convicted of a misdemeanor related to domestic violence. Other state and federal laws deal with those convicted of a felony related to domestic violence.

Councilman Scott Benson pushed for the new ordinance as a means of curbing domestic violence in the city.

"In 2019, 17 Detroiters were murdered via domestic violence with handguns. In 2020, 23 people were murdered as a result of domestic violence and handguns. We have to get handguns out of those who can't handle themselves emotionally or physically," Benson told the Free Press.  

The councilman made it clear that gun removal is not for those who are accused in domestic violence  crimes, but for those convicted of a misdemeanor, mirroring federal law. The ordinance leaves open questions of how it will be enforced. Benson said it would be up to the courts.

"As a former member of the United States military who understands the responsibility associated with gun ownership, I don’t take it lightly. When you see the impact on the residents of the city of Detroit, you have to do something," Benson said. 

Benson also added that female victims of domestic violence are "five times more likely to be murdered" with a weapon in their home. 

"It's critical that we remove weapons from those who have proven themselves incapable of handling their emotions," Benson said. "It's about being another tool in the toolbox that we don't currently have. I am under no impression it's going to solve all the problems."

Dr. La Donna Combs, executive director of Detroit-based Sisters Against Abuse Society, said the new measure provides an additional tool to reduce the chances someone might be fatally wounded from the use of a gun during domestic violence. However, she said, more training is needed to respond to domestic violence cases. Generally, she said, domestic violence is still underreported because of victims' fears that law enforcement will not believe their accounts. 

Combs' organization provides resources for domestic violence victims, including food, counseling, funeral service support and workshops. 

"We want to help women heal and to understand that Black women suffer domestic violence at rates that are 47% higher than white women," Combs said. "African American women don't seek the services. They have so many other barriers. Sometimes, it's the parenting; sometimes it's the housing. I've had women show up with a black eye, asking for food and a gas card."

However, Tom Lambert said he questions the legality of the new local law, arguing localities may not be able to restrict gun rights in this way. Lambert is the president of Michigan Open Carry Inc., a group that promotes the lawful possession of handguns, including "open-carry" style in public places.

Lambert said that unless there is a state law allowing the city to enforce the ordinance, then it could be challenged in court and lead to civil claims against the city. 

"The city can't invoke federal law and say we have the authority to do something when state law tells them no," Lambert said.

Anyone convicted of domestic violence could be prohibited from possessing firearms under probation or a personal protection order, according to  Shanon Banner, Michigan State Police spokesperson. They may also be prohibited from obtaining a concealed pistol license because of the conviction.

But "there is nothing under Michigan law that expressly prohibits a person with a Domestic Violence conviction from possessing a firearm," Banner said in an email. 

The Detroit Police Department declined to comment about the new measure  or how it could be enforced.
















'This will help save lives.' Detroit approves ordinance taking guns from domestic violence offenders
WXYZ News - Detroit
Oct 27, 2021
(WXYZ) — Detroit City Council voted unanimously to approve an ordinance that strips guns away from domestic violence offenders.

"This ordinance will help save lives," Councilman Scott Benson said.

The new measure is the first of its kind in the state, and comes on the heels of a spike in domestic violence homicides in Detroit. They are up 35% compared to 2019.

It's named for Detroit Police Sgt. Elaine Williams, who was killed by the father of her child in 2019. Benson said the ordinance could have saved her life, and Williams' mother hopes this prevents future tragedies.

"It's a wonderful thing. I cry with good tears," Christine Begoske, Williams' mother, said.

The "Sgt. Elaine Williams Domestic Violence Ordinance" mirrors federal law, and will allow for the taking of weapons from misdemeanor domestic violence offenders. City attorneys can now prosecute those cases in 36th district court. It will also make it illegal to sell guns to offenders.

Benson introduced the ordinance which the council passed unanimously.

"We now have empowered our police department to take away those weapons and help protect some of our most vulnerable residents in the city of Detroit," Benson said.

This does open the city up for legal challenges, Benson said, on the grounds of rights violations, but he said it's a risk they're willing to take.

A spokesperson for First Step, a support group for domestic violence victims serving Wayne County, said while removing guns won't stop domestic violence completely, it will help.

To give you a sense of where the numbers stand, according to the FBI, from 2015 to 2019, 91 women were fatally shot by their partners in Michigan. Of those, 65 percent were killed by a gun. That's above the 59 percent nationally.
















Detroit City Council approves ordinance to strip guns away from those convicted of domestic violence
Click On Detroit
October 26,2021


















Detroit City Council approves ordinance to strip guns away from those convicted of domestic violence
City attorneys would get power to prosecute cases
Click On Detroit
October 26,2021
DETROIT – The Detroit City Council has unanimously approved an ordinance that would take guns away from domestic abusers.

The ordinance is named after Detroit police Sergeant Elaine Williams, who was shot and killed in her home. Police said her live-in partner killed her.

The ordinance mirrors a national law but would give city attorneys the power to prosecute the cases. Williams’ mother was moved to tears when she learned of the ordinance.

Christine Begoske counseled her daughter many times during her relationship with Eddie Johnson. Begoske said the relationship was abusive.

The Wayne County Prosecutor said Johnson shot Williams five times in front of her 12-year-old son in 2019 in their Garden City home.

Dr. La Donna Combs, with the Sisters Against Abuse Society, said that between 2019 and 2020 domestic violence reports rose 66%. Out of the reported domestic violence homicides, 85% were due to gun violence.
















Detroit City Council votes to strip guns away from convicted domestic violence offenders
WXYZ News - Detroit
Oct 26, 2021

















Detroit City Council votes to strip guns away from convicted domestic violence offenders
WXYZ News - Detroit
Oct 26, 2021
DETROIT (WXYZ) — The Detroit City Council on Tuesday voted unanimously to take guns away from convicted domestic violence offenders.

The ordinance strips guns away from domestic violence offenders who have misdemeanor convictions.

It is called the Sgt. Elaine Williams Domestic Violence Ordinance and mirrors federal law. 

Detroit Police Sgt. Elaine Williams was shot several times at close range in 2019 by her son's father Eddie Johnson.

Their child witnessed his father shoot his mother to death.

Christine Begoske, Sgt. Williams' mother, feared he would eventually hurt her daughter and spoke out about the new ordinance.

“This will save the lives of many women like my daughter,” Begoske of Westland said. “It’s a great honor, a great thing and if she were here, she would be proud.

Begoske had urged Sgt. Williams to end the relationship. She repeatedly warned her daughter. Williams did try to end it and thought she had one more time, according to her mother.

“I try to tell anybody who will hear me. One hit is enough,” Begoske said. “Anytime a man puts his hands on you one time, leave him alone because it’s going to get worse and worse and worse.”

Detroit Councilmember Scott Benson submitted the ordinance for approval in an effort to keep people from being injured or murdered by people they are in relationships with.

“When people have issues controlling their emotions, they can’t handle the responsibility of possessing a weapon,” he said. “Their guns need to be taken away; this is another tool to do that.”

Domestic violence advocacy group, First Step works with domestic and sexual violence survivors and their families in Wayne County.

In a statement to Seven Action News, their executive director Lori Kitchen-Buschel says:

"The ordinance proposed by Counselman Benson will help to create a barrier for assailantsseeking power and control, that have a proven record of violence, from using firearms to assert more control and murder their victims. This ordinance is a commonsense policy to help limit homicide and domestic violence escalation in the City of Detroit. First Step is in support of this ordinance to allow for increased safety in the community."

From 2015 to 2019, 91 women were fatally shot by an intimate partner in Michigan.

17 women were shot and killed by their partners in 2019. In 2020, violence-related homicides jumped to 23 in Detroit, a 35% increase.

Antoinette James, an advocate for a crime victim service program called Open Arms, says here caseload has skyrocketed since the pandemic began.

“This is a desperate situation, and something must be done to protect these women,” she said. “I’m hopeful this ordinance will help save lives.”

The local head of Michigan Moms Demand Action in Detroit is also hopeful the ordinance will curb the violence.

“With the rise in calls to domestic violence hotlines during the pandemic, and more than half of shootings involving a perpetrator who killed an intimate partner or family member, it’s clear that we need to do all we can to keep guns out of the hands of domestic abusers,” Reid said. “Passing this ordinance would be a life-saving step for Detroit and state lawmakers should follow suit to protect women, families, and communities.”
















Off-duty DPD officer shot and killed - Officer Elaine Williams
Click On Detroit - WDIV
Jun 3, 2019
Police are ruling the death of Elaine Williams as a domestic crime.

















Off-duty DPD officer killed at home in Garden City
Click On Detroit - WDIV
Jun 3, 2019





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