Sunday, January 1, 2012

01012012 - Ann Arbor Firefighter Daniel Armitage - OIDV Incident





On January 01, 2012 police officers from the Bloomfield Police Department answered a domestic violence call at the home of Firefighter Daniel Armitage. Christy Armitage was transported to the hospital for injuries that she suffered during the assault. Armitage's wife remained in ICU for several days.


Firefighter Armitage was not arrested at the scene for domestic violence, nor was he charged with the January 1st assault.

On January 5th, Firefighter Daniel Armitage committed suicide by laying down in traffic on I-696 in Farmington, MI.

There has never been an investigation by the State of Michigan regarding the Bloomingfield Township PD's failure to arrest Armitage at the time of the assault.

Less than 12 hours after the incident, Bloomfield Township police sent out a brief press release Thursday night:

“Due to media inquiries, the Bloomfield Township Police Department is currently investigating the report of a possible domestic assault that occurred in the 1800 block of Mohawk Court.

“The Bloomfield Township Police Department will have no further comment on this incident until the investigation is completed.”











Ann Arbor Firefighter Daniel Armitage Killed on I-696
Posted: Jan 05, 2012 8:18 PM CST
My FOX Detroit
http://www.myfoxdetroit.com/story/18445218/ann-arbor-firefighter-daniel-armitage-killed-on-i-696


A gruesome scene after a local husband, father and firefighter is struck by several cars on westbound I-696 near Farmington Road on Thursday morning.

Police say it appears 41-year-old Daniel Armitage of Bloomfield Township was changing a tire before he somehow ended up in the freeway.

Play the video to get a complete report from Fox 2's Amy Lange. Play a second video to get new information from Fox 2's Ron Savage that involves a police investigation about a report of domestic violence on the block where Armitage lived.

Michigan State Police Trooper Mark Tinney said the Armitage was struck by several vehicles near Farmington Road around 6:30 a.m. His BMW SUV was parked on the freeway's north shoulder.

Several other accidents occurred as drivers tried to avoid the scene. Authorities were forced to close I-696 westbound beginning at Lahser, all the way out to the I-96/I-275 interchange as they investigated the scene. The road is now open.

Daniel Armitage leaves behind a wife, who's been in the hospital and we're told was recently on a ventilator, two twin six-year-old boys and another son -- age four.

Armitage was a firefighter with the City of Ann Arbor for 16 years. "Our department is shocked and deeply saddened by the news of Dan's tragic death," said Ann Arbor Fire Chief Chuck Hubbard. "As Dan's identity was just recently confirmed, we are still in the process of sharing this news with the rest of the department. This is a very difficult time for us all." Daniel Armitage joined the Ann Arbor Fire Department in 1995.

Friend and fellow firefighter Allan Perry says "it's a great loss... for a lot of people."













Local Firefighter killed changing tire: Police investigating alleged domestic
The Examiner
January 6, 2012
http://www.examiner.com/article/local-firefighter-killed-changing-tire-police-investigating-alleged-domestic

Farmington Hills, MI- A few days ago police and the fire department respond to a house in W. Bloomfield, on E. Mohawk Ct. A mother of three boys get transported to the hospital where she is placed on a ventilator. The eerie part of this story is the police now suspect her husband is responsible for her being there.

The investigation unfolded, when a fireman, Daniel Armitage from Ann Arbor Fire Department was struck and killed while changing his tire early Thursday morning on I-696.

Family was said to have been staying at the house since Mrs. Armitage was transported. Only two days had passed, now Mr. Armitage was fatality struck killed. Armitage worked for Ann Arbor Fire Department for 16 years and was reported to have been an out-standing individual by his peers.

Of course it saddening us to learn when anybody lose their life in such a tragic way, But let us not lose focus on the real story here. Just because a person is out-standing in their community doesn’t mean that they are not abusive at home. I’m not trying to make Armitage out to be a animal, but it is what it is.

In the metro Detroit area we heard the story of the Romulus Firefighter father who was molesting his daughter for three years, which touched close to home because he too was out-standing in his community and I know him personally.

As human beings we know people can and will do just about anything. Never underestimate who it might be, whether your family, friend or next door neighbor that attend all parent teacher conferences.

Mental illness is everywhere and affect all areas. My prayers goes out to the entire Armitage family, because right now they need it. Whether it was domestic or not!













Police investigating domestic assault on street where killed Ann Arbor firefighter Daniel Armitage lived
The Heritage
January 06, 2012
http://www.heritage.com/articles/2012/01/06/ann_arbor_journal/news/doc4f0747a5bca96730505243.txt

A day after an Ann Arbor firefighter was killed while changing a tire on I-696, new information has come to light, as the victim may have been involved in a domestic assault shortly before the incident.

Daniel Armitage died around 6:30 a.m. Thursday after being hit by at least three vehicles along the Farmington Hills freeway, where it appeared as though he was attempting to change a tire.

Less than 12 hours after the incident, Bloomfield Township police sent out a brief press release Thursday night.

“Due to media inquiries, the Bloomfield Township Police Department is currently investigating the report of a possible domestic assault that occurred in the 1800 block of Mohawk Court.

“The Bloomfield Township Police Department will have no further comment on this incident until the investigation is completed.”

After receiving the release, The Oakland Press has been able to confirm that Armitage and his wife live on that street.

Police declined further comment. Some reports have indicated that his wife was hospitalized that night.

The Oakland County Medical Examiner's Office is conducting an autopsy, which may be completed today. It would rule both on a cause of death and manner of death.

Armitage is survived by his wife, Christy, and three children.













Police: No Sign of Flat Tire in Bloomfield Township Man's Death on I-696
Officials say veteran Ann Arbor firefighter Daniel Armitage's tire wasn't flat and acknowledge a report of a domestic incident at his home

Farmington Patch
January 6, 2012
http://farmington-mi.patch.com/articles/police-sort-out-details-in-bloomfield-township-man-s-death-on-i-696

Authorities are still seeking witnesses to the horrific incident that killed Bloomfield Township resident Daniel Armitage, 41, during Thursday's morning rush hour. While investigators initially believed Armitage was changing a tire on his SUV before he was struck by multiple vehicles on westbound Interstate 696 in Farmington Hills, they are reportedly looking at other scenarios.

The tire Armitage was believed to working on had two lug nuts removed, but was not flat, Michigan State Police Trooper Paul Shunia told the Detroit Free Press.

Police believed Armitage was trying to change the tire on the shoulder of the westbound lanes at about 6:30 a.m., when he was struck by multiple vehicles.

"He had pulled off onto the shoulder of the road," Michigan State Police Lt. Phil Meena of the Metro North Post told the Detroit News. "We found a tire and jack near the front wheel on the driver's side. He was struck by a car and then hit by several other vehicles."

According to Mena, one vehicle swerved to avoid the area and hit the freeway's retaining wall. One person had minor injuries and was taken to the hospital.

The incident closed the westbound lanes from Farmington Road to Telegraph Road for roughly six hours, with miles-long traffic backups as a result. The Oakland County Medical Examiner's office is expected to make a ruling in Armitage's death as early as today.

Meanwhile, investigators with the Bloomfield Township Police Department are looking into a report of domestic assault at Armitage's home. Department officials said they will not discuss the possible incident or the investigation until it is complete.

Armitage's wife is hospitalized in Beaumont Hospital in Royal Oak, Michigan State Police Trooper Paul Shunia told the Free Press, but no details were available. Armitage is survived by three young children.

Colleagues, strangers offer support
News of Armitage's death was a painful blow to the men and women he worked alongside in Ann Arbor, Fire Chief Chuck Hubbard said.

"Our department is shocked and deeply saddened by the news of Dan’s tragic death," Hubbard said in a prepared statement. "We are still in the process of sharing this news with the rest of the department. This is a very difficult time for us all."

Armitage, a 1989 graduate of Birmingham Groves High School, joined the department in 1995 and was a ladder-truck driver stationed on Ann Arbor's south side.

Community reacts
The incident spurred several comments to news reports and on social media.

"During my last weeks at Ann Arbor, I went to station 6 and had dinner where I spent sometime speaking one on one with Dan," former Ann Arbor Fire Chief Dominick Lanza wrote on AnnArbor.com. "He glowed when he spoke of his family and took me to his locker to show me their photos. He said '"Chief this is what I live for I love my family" they are my world. It was an honor to know Dan and work with him, I am truely saddened to read of his passing may he rest in peace and may god look over his family."

"As a community may we all embrace this family in our thoughts and prayers," Anne Bloedow Stafford wrote on the Bloomfield Patch Facebook page.

"#RIP Daniel E. Armitage. Thanks for keeping people safe." @catepelley wrote on Twitter.

"Rip Daniel Armitage... Such a tragic story that reminds you to live life to the fullest and remember how blessed you are to live everyday," @ccCanter87 tweeted.













Investigation of domestic violence involves firefighter killed on I-696, as questions emerge about his death
The Oakland Press
January 06, 2012
http://www.theoaklandpress.com/articles/2012/01/06/news/doc4f071683a6bec287550356.txt

A day after an Ann Arbor firefighter was killed while changing a tire on I-696, new information has come to light, as the victim may have been involved in a domestic assault just days before the incident.

Daniel Armitage died about 6:30 a.m. Thursday after being hit by at least three vehicles along the freeway, where it appeared as though he was attempting to change a tire.

Various media outlets quoted a Michigan State Police trooper as saying Armitage’s tire was not flat. Officials with the Michigan State Police’s Metro North Post were unavailable for comment Friday afternoon.

Friday morning, Michigan State Police Lt. Philip Menna declined to comment.

“We’re investigating a traffic accident,” Menna said.

Less than 12 hours after the incident, Bloomfield Township police sent out a brief press release Thursday night.

“Due to media inquiries, the Bloomfield Township Police Department is currently investigating the report of a possible domestic assault that occurred in the 1800 block of Mohawk Court.

“The Bloomfield Township Police Department will have no further comment on this incident until the investigation is completed.”

After receiving the release, The Oakland Press was able to confirm that Armitage and his wife live in the 1800 block of Mohawk Court.

Bloomfield Township police declined further comment. Some reports have indicated that Armitage’s wife was hospitalized after an alleged Jan. 1 assault.

The Oakland County Medical Examiner’s Office conducted an autopsy Friday, but the cause and manner of death are still pending, officials said.













Investigation of domestic violence involves firefighter killed on I-696
The Macomb Daily
January 06, 2012
http://www.macombdaily.com/articles/2012/01/06/news/doc4f071b2585451060966947.txt

A day after an Ann Arbor firefighter was killed while changing a tire on I-696, new information has come to light, as the victim may have been involved in a domestic assault shortly before the incident.

Daniel Armitage died around 6:30 a.m. Thursday after being hit by at least three vehicles along the Farmington Hills freeway, where it appeared as though he was attempting to change a tire.

See earlier story: Man killed on I-696 in Farmington Hills identified as Ann Arbor firefighter

Less than 12 hours after the incident, Bloomfield Township police sent out a brief press release Thursday night.“Due to media inquiries, the Bloomfield Township Police Department is currently investigating the report of a possible domestic assault that occurred in the 1800 block of Mohawk Court.

“The Bloomfield Township Police Department will have no further comment on this incident until the investigation is completed.”

After receiving the release, The Oakland Press has been able to confirm that Armitage and his wife live on that street.

Police declined further comment. Some reports have indicated that his wife was hospitalized that night.

The Oakland County Medical Examiner's Office is conducting an autopsy, which may be completed today. It would rule both on a cause of death and manner of death.

Armitage is survived by his wife, Christy, and three children.

                       











New details are emerging that have police questioning if the firefighter's death was an accident
WXYZ NEWS- Detroit
Jan 06, 2012
http://www.wxyz.com/dpp/news/region/oakland_county/new-details-are-emerging-that-have-police-questioning-if-the-firefighters-death-was-an-accident



FARMINGTON HILLS, Mich. (WXYZ) - New details are emerging in the investigation leading police to ask whether or not this fatal crash was an accident.


Michigan State Police initially believed that 41-year-old Daniel Armitage pulled his white SUV over to the Westbound shoulder of I-696 near the Farmington Road bridge in Farmington HIlls to change a flat tire. But it now appears the tire was in good condition.

“The tire was not completely deflated. It did have some air in it. But we don’t know if that was truly the reason why he pulled off to the side of the road. We don’t know if there were other mechanical issues,” said Sgt. John Shields with the Michigan State Police.

The Bloomfield Township man was in the right lane of oncoming traffic early Thursday morning when he was killed after being hit by several vehicles. One car slammed into the median to avoid the crash. MSP believe the medical examiner’s report will answer key questions in their investigation.

“Based on injury and based on whether or not there was a toxicology report that comes back with anything,” said Sgt. John Shields. “Whether or not there was something else of a medical issue that caused him to be in the position he was in when he was subsequently hit,” he said.

At the time of his death, the Ann Arbor firefighter had been on medical leave for two days because his wife was in the hospital in ICU. Sgt. Shields said Armitage had been involved in a domestic violence dispute with his wife.

“There are some allegations of domestic assault of some type. I don’t know to what extent, nor who the aggressor was at this point,” said Sgt. Shields.

Bloomfield Township Police confirmed they are investigating a possible domestic assault on the same street where Daniel Armitage lived. Police say all the information adds to the background of their case in trying to determine the circumstances surrounding Armitage’s death.

Sources tell 7 Action News that Armitage was next in line to become a Lieutenant in Ann Arbor. He is survived by his wife and three children.


The crash shut down more than six miles of the freeway for six hours during morning rush hour on Thursday. A father and his two children were injured in another chain-reaction accident.

The medical examiner said the results of their report for cause of death are pending.













Detroit Free Press: Police investigate alleged domestic assault at home of Ann Arbor firefighter killed on I-696
Ann Arbor News
Jan 6, 2012
http://www.annarbor.com/news/police-investigate-alleged-domestic-assault-at-home-of-ann-arbor-firefighter-killed-on-i-696/

Bloomfield Township police are investigating an alleged domestic assault at the home of Ann Arbor firefighter Daniel Armitage, who was killed when struck by several cars on Interstate 696 Thursday, the Detroit Free Press reported this morning.

Michigan State Police Trooper Paul Shunia told the Free Press Armitage's wife is in Beaumont Hospital in Royal Oak. Police received a report that she was assaulted by Armitage on Jan. 1 in their home in Bloomfield Township, Shunia said.

Armitage, 41, an Ann Arbor firefighter since 1995, died after at least three cars struck him about 6:30 Thursday morning along the freeway in Farmington Hills while he was apparently changing a tire, Michigan State Police said.

Armitage, who lived in West Bloomfield Township, appeared to have been changing a tire on the north shoulder of westbound I-696 but at some point ended up on the ground in the right lane of the freeway, where the vehicles hit him, police said.

Another vehicle crashed into the median while trying to avoid striking Armitage, and its occupants suffered minor injuries, police said.

The westbound lanes of the freeway were closed for several hours after the crash.

Michigan State Police Lt. Phil Menna said police have made no determination about why Armitage ended up in the traffic lane and are looking at the crash from every angle. He said police have spoken to all the drivers involved in the crash and received many calls from motorists who drove through the area at the time of the crash. Police still want to speak to anyone else with information, Menna said.

Ruben Ortiz-Reyes, deputy forensic pathologist with the Oakland County Medical Examiner's office, said the office had no information to release about an autopsy today. He said the office had not established a positive identification of the victim.

Anyone with information about the crash is asked to call police at 248-584-5740.













More Questions than Answers after Ann Arbor Firefighter's Death
WJBK -  myFOXDetroit.com
Jan 06, 2012
http://www.myfoxdetroit.com/dpp/news/local/more-questions-than-answers-after-ann-arbor-firefighter-death-20120106-ms

FARMINGTON HILLS, Mich. (WJBK) -- There are more questions than answers, according to Michigan State Police. It appeared 41-year-old Dan Armitage was changing a flat tire on I-696 at Farmington Road when he was struck several times around 6:30 a.m. Thursday morning causing accidents and closing the freeway.

It was a devastating scene, but we've now learned the tire was not flat. State police had it tested. There were no leaks. It had eight to ten pounds of pressure, enough to drive on. A couple of lug nuts were off, but the jack was still in the trunk.

Witnesses also saw Armitage lying in the middle of the right lane before he was hit. Twelve to 15 feet away from his BMW, cars swerved to avoid him, but other vehicles were unable to do so.

The medical examiner's office has yet to rule whether or not it was a suicide, but police say it appears Armitage's world was crumbling around him. His wife had been hospitalized days before and told police of years of terrible physical abuse.

Bloomfield Township Police are conducting a domestic assault investigation. She remains hospitalized.

Her family has not responded to requests for comment.

Armitage, an Ann Arbor fire fighter for 16 years, leaves behind three young sons.













Firefighter killed on I-696 was focus of domestic assault investigation
Detroit Free Press
January 7, 2012
http://www.ongo.com/v/2751998/-1/AFC89D9142374700/firefighter-killed-on-i-696-was-focus-of-domestic-assault-investigation

A 41-year-old man who was hit and killed on I-696 on Thursday morning was the focus of a do­mes­tic as­sault inves­tigation in Bloomfield Town­ship, po­lice say, and ap­par­ently did not have a flat tire when he stopped along the ex­pressway.

Daniel Ar­mitage, an Ann Ar­bor fire­fight­er, died at 6:30 a.m. Thursday af­ter he was hit by at least three vehicles. The crash shut down more than 6 miles of the freeway for six hours dur­ing morning rush hour. A fa­ther and his two chil­dren were injured in an­oth­er chain-re­action accident.

Inves­tigators say many questions re­main. State Po­lice Troop­er Paul Shunia said the white late-model BMW SUV was parked on the side of the road with its flash­ers on and the spare tire next to it on the shoul­der. Witnesses told inves­tigators Ar­mitage was lying in the right lane of traff­ic when he was hit.

"There are some things we are looking into that just don't

add up as far as the accident is concerned," Shunia said Friday. "But we can't say for sure it was in­tentional or an accident at this point."

Shunia said the tire on the car -- which had two lug nuts re­moved and the spare nearby -- did not appear to have any prob­lems.

"We had the tire checked out by a certi­fied tire me­chan­ic, and it was not flat," Shunia said. "There were no leaks in it. It had 8 to 10 pounds of pressure in it -- you could still drive on it."

Shunia said none of the oth­er lug nuts was loos­ened, and the jack was still in the trunk. Typically dur­ing a tire change, all lug nuts are loos­ened and then the car is jacked up, he said.

The Oak­land County Med­ical Exam­iner's Office has not determined a cause of death. A rul­ing won't be made earli­er than Monday, an inves­tigator there said Friday.

Meanwhile, Ar­mitage's wife re­mained hos­pital­ized in Beaumont Hos­pital in Royal Oak on Friday, Shunia said. Po­lice received a report that she was as­saulted by Ar­mitage on Sunday in their home in Bloomfield Town­ship, Shunia said.

Bloomfield Town­ship po­lice said in a re­lease that they are inves­tigating the reported do­mes­tic as­sault at the home on Mohawk Court. But po­lice did not re­lease any additional details, declin­ing to give specifics until the inves­tigation is complete.

Ann Ar­bor fire of­ficials did not return calls Friday.













Investigation of domestic violence involves firefighter killed on I-696, as questions emerge about his death
The Oakland Press
January 07, 2012
http://www.theoaklandpress.com/articles/2012/01/07/news/doc4f071683a6bec287550356.txt

A day after an Ann Arbor firefighter was killed while changing a tire on I-696, new information has come to light, as the victim may have been involved in a domestic assault just days before the incident.

Daniel Armitage died about 6:30 a.m. Thursday after being hit by at least three vehicles along the freeway, where it appeared as though he was attempting to change a tire.

Various media outlets quoted a Michigan State Police trooper as saying Armitage’s tire was not flat. Officials with the Michigan State Police’s Metro North Post were unavailable for comment Friday afternoon.

Friday morning, Michigan State Police Lt. Philip Menna declined to comment.

“We’re investigating a traffic accident,” Menna said.Less than 12 hours after the incident, Bloomfield Township police sent out a brief press release Thursday night.

“Due to media inquiries, the Bloomfield Township Police Department is currently investigating the report of a possible domestic assault that occurred in the 1800 block of Mohawk Court.

“The Bloomfield Township Police Department will have no further comment on this incident until the investigation is completed.”

After receiving the release, The Oakland Press was able to confirm that Armitage and his wife live in the 1800 block of Mohawk Court.

Bloomfield Township police declined further comment. Some reports have indicated that Armitage’s wife was hospitalized after an alleged Jan. 1 assault.

The Oakland County Medical Examiner’s Office conducted an autopsy Friday, but the cause and manner of death are still pending, officials said.













Ann Arbor firefighter's death on I-696 ruled a suicide
Ann Arbor News
Jan 9, 2012
http://www.annarbor.com/news/ann-arbor-firefighters-death-ruled-a-suicide/


The Oakland County Medical Examiner ruled Ann Arbor firefighter Daniel Armitage’s death was a suicide, according to a report by the Detroit Free Press.

Armitage died Thursday after being hit by at least three vehicles on Interstate 696 during the morning rush hour. He was 41 years old.

A funeral service will be held at 11 a.m. Tuesday at St. Hugo of the Hills Church, 2215 Opdyke Road, in Bloomfield Hills, according to the report.

The report states Armitage died of multiple injuries and was hit by at least three vehicles. Information from police was used by the medical examiner to help determine the cause of death, according to the report.

According to police, Armitage was the on the north shoulder of westbound I-696 near Farmington Road and was lying in the right lane when hit. It appeared that he was changing a tire, police said.

Bloomfield Township police are investigating an alleged domestic assault at Armitage’s home on Jan. 1. Armitage’s wife is currently in Beaumont Hospital, according to police.














Ann Arbor firefighter's death ruled a suicide
The Detroit News
January 9, 2012
http://www.detroitnews.com/article/20120109/METRO/201090443

The Oakland County Medical Examiner's Office has ruled the death of Ann Arbor firefighter Daniel Armitage a suicide.

Armitage, 41, died early Thursday after being struck by three cars. It was initially reported he was struck while changing a tire on westbound Interstate 696 near Farmington Road.

Michigan State Police last week had said a number of facts in the death raised questions. Among them: Armitage not having his wallet on him when he died and at least two witnesses reporting Armitage was on the pavement in the middle of the lane "like he was going to sleep" just before he was hit.

Meanwhile, reports indicated Armitage allegedly abused his wife of 12 years, and at the time of his death, she was hospitalized with injuries that police said could be tied to Armitage.

Bloomfield Township police confirmed last week they were investigating a domestic assault case at the Armitage home on Mohawk Court. Armitage's wife was admitted to an area hospital on New Year's Day after having a seizure, according to reports.













Fireman lies down in traffic to commit suicide days after being probed for 'domestic assault'
Daily Mail
Jan 10, 2012
http://www.dailymail.co.uk/news/article-2084752/Daniel-Armitage-Fireman-lies-traffic-kills-week-probed-domestic-assault.html

--Daniel Armitage, 41, fireman in Ann Arbor, Michigan

--Father-of-three was run over by at least three cars

--Investigated over New Year's Day assault at his home

A 41-year-old fireman committed suicide by lying down in traffic just four days after he was probed for alleged domestic assault, officials said.


Daniel Armitage, a fireman in Ann Arbor, Michigan, who was married with three children, was run over by at least three cars on I-696 on Thursday.

It seemed at first he was trying to change a flat tyre on his BMW SUV - but police found the tyre was not flat and the jack was still in the boot.

Mr Armitage was being investigated for domestic assault on New Year’s Day and that probe is still going on, reported the Ann Arbor Journal.

He pulled over at 6:30am last Thursday on I-696 and the spare tyre was placed next to his white SUV, reported the Detroit Free Press.

But investigators found the tyre still on the SUV had enough pressure to drive on it, although two lug nuts had been removed.

However none of the other lug nuts were loosened, which was strange as this is usually done to all of them on a tyre when a car is jacked up.

Witnesses said he was lying down in the right lane of traffic and his SUV was parked with its lights flashing, reported the Detroit Free Press.

A father and his two children were hurt when their vehicle was forced into the central reservation. The road was closed for more than six hours.

Police will not release details of the alleged domestic abuse incident until their investigation of Mr Armitage’s death is complete.

A funeral is being held for Mr Armitage, of Bloomfield Township, Michigan, on Tuesday at St Hugo of the Hills Church in Bloomfield Hills.

Mr Armitage had been a fireman in Ann Arbor, a city around 45 miles west of Detroit, for almost 17 years. He was off-duty at the time of his death.

His wife was hospitalised last week at Beaumont Hospital in Royal Oak, Michigan, but there has been no update on her condition


                     

Thursday, December 22, 2011

12222011 - Judge Lynda Tolen - Berrien County [retired]





Retired Berrien County Judge Lynda Tolen:

2010: Arrested and charged for drunk driving. Placed on probation.

2010: Arrested for a second drunk driving charge while on probation for first DUI. Setenced to 20 days in jail.

November 30, 2010: State of Michigan suspended Tolen's license to practice law for 180 days [due to her DUI convictions].

December 22, 2011: Arrested for domestic violence.






Retired Judge Arrested

Joe Garber Reporting
WSJM News
Posted: Saturday, 31 December 2011 10:40AM
http://mobile.wsjm.com/content_page.php?contentType=4&contentId=9675164

A former Berrien County judge with a troubled past is once again in trouble. Lynda Tolen faces a misdemeanor charge of domestic violence. Tolen was arrested December 22nd after a complaint was filed by a woman. The 60 year old Tolen served 20 days in jail last year for drunk driving offenses.







Former judge in front of bench again
Lynda Tolen arraigned on domestic violence charge
Posted: Friday, December 30, 2011 12:00 am
Herald Palladium
http://www.heraldpalladium.com/localnews/former-judge-in-front-of-bench-again/article_4aa0a047-5eb1-5bac-b81c-aa597392e046.html

ST. JOSEPH - Retired Berrien County Trial Court Judge Lynda Tolen, who has faced drunk driving charges in the past, was back in court this week on charges of domestic violence.

Tolen, 60, of Stevensville, who retired in 2008 after 21 years as a judge, was arraigned Tuesday on the misdemeanor charge, according to a report from WNDU-TV.

The complaint, which Chief Assistant Prosecutor Michael Sepic showed to The Herald-Palladium, stated that Tolen had assaulted a woman named Lisa Brasseur.

The complaint lists Brasseur as a resident or former resident of the same household as Tolen.

Tolen was arrested Dec. 22 and released the next day on a $1,500 bond. On conviction, the charge carries a sentence of up to 93 days in jail and/or a $500,000 fine.

In 2010, while she was on probation for impaired driving in Leelanau County, Tolen was arrested in St. Joseph for drinking and driving.

Police reported she had a blood-alcohol level three times the legal limit.

That case was moved to St. Joseph County, and Tolen served 20 days in jail after being convicted on the charge.

Sepic told WNDU-TV that he has petitioned the state attorney general's office to disqualify his office from the most recent case because of Tolen's previous position with the court.









Southwest Michigan Links:
Retired Berrien County judge back in court on domestic violence charges
Published: Friday, December 30, 2011, 2:51 PM
Updated: Friday, December 30, 2011, 2:51 PM
By Brad Devereaux
The Kalamazoo Gazette
http://www.mlive.com/news/kalamazoo/index.ssf/2011/12/southwest_michigan_links_retir.html

Here's a look at some noteworthy stories from other media in southwest Michigan today:

• A retired Berrien County Trial Court judge who has been charged with drunk driving in the past was in court this week being charged with domestic violence. [Herald Palladium]













Former Berrien Co. judge arraigned on domestic violence charges
Posted: Wed 4:07 PM, Dec 28, 2011
Reporter: Newscenter 16
WNDU News
Updated: Wed 4:25 PM, Dec 28, 2011
http://www.wndu.com/home/headlines/Former_Berrien_Co_judge_arraigned_on_domestic_violence_charges_136332373.html

A former Berrien County judge who has been in trouble with the law before, was on the other side of the bench again Tuesday.

Retired trial court judge Lynda Tolen was arraigned Tuesday on a misdemeanor charge of domestic violence.

Tolen was arrested December 22 and bonded out the next day.

A copy of the complaint against Tolen obtained by Newscenter 16 says there was an assault against a woman named Lisa Brasseur. The complaint also listed two witnesses.

Tolen was previously arrested and served 20 days behind bars for a 2010 drunk driving charge.

Chief Assistant Prosecuting Attorney Mike Sepic told Newscenter 16 on Wednesday that he has petitioned the State Attorney General's office to disqualify Berrien County from the case because of Tolen's past affiliation with the court. If approved, another county will hear the case.

Judge Tolen was also married to former Prosecutor Jim Cherry, who died in 2007.











Warren attorney reprimanded, Stevensville attorney suspended
December 4, 2010
Margaret Lucas Agius

ADB Tri-County Hearing Panel #106 reprimanded Warren attorney Sophie Modelski effective Dec. 1, 2010, the State of Michigan Attorney Discipline Board reported this week.

Modelski, licensed to practice law in Michigan in 1982, entered a plea of no contest to allegations that she neglected a bankruptcy matter, failed to seek the lawful objectives of her client, failed to act with reasonable diligence and promptness, and failed to keep her client reasonably informed of the status of the matter. Based upon the stipulation of the parties, the panel reprimanded Modelski and assessed costs of $767.26.

In another recent Attorney Discipline Board action, Kalamazoo County Hearing Panel #4 suspended Stevensville attorney and former Fifth District Court Judge Lynda A. Tolen from the practice of law in Michigan for a period of 180 days effective Nov. 30, 2010.

Tolen’s misdemeanor conviction for operating while intoxicated formed the basis for the disciplinary action. Based upon the stipulation of the parties, the panel suspended Tolen for 180 days, imposed conditions relevant to the established misconduct, and assessed costs of $755.71.










Judicial Vacancy—5th District Court
July 28, 2008
http://www.michbar.org/news/releases/archives08/judicialvacancy_5district.cfm

7/28/08
Court: 5th District Court
Location: Berrien County
Judge Vacating: Hon. Lynda A. Tolen
Application Submission Deadline: August 8, 2008

Any State Bar member interested in applying for a judgeship in their area may refer to the Governor's website or contact Erik Wilford in the Governor's Appointments Office to receive a judicial application:

Office of the Governor
Appointments Division
George W. Romney Building
111 South Capitol Avenue
Lansing, MI 48909
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Judicial trailblazer
Posted: Wednesday, July 23, 2008 12:00 am
By SCOTT AIKEN, H-P Staff Writer
The Herald-Palladium
http://www.heraldpalladium.com/localnews/judicial-trailblazer/article_adda0405-f1b2-5de5-a900-4207f2e8f3f8.html

ST. JOSEPH — For more than 21 years Judge Lynda Tolen has been an important part of a court system known around the state for breaking new ground.

During her years on the bench, Berrien County was a leader in trial court consolidation, first to form a Drug Court, and tried a fresh approach in dealing with domestic violence.

Tolen, who is retiring Aug. 1, has been the only presiding judge of the civil division of Berrien County Trial Court since its inception in 1996."We've always tried to be on the cutting edge of justice programs," she said.An attorney in a successful private practice before being appointed judge in 1987, Tolen said she has always preferred working on the civil side of the system over handling criminal matters.

"From a judge's standpoint, it's much broader," she said.While civil cases may not get the publicity of criminal cases, they sometimes involve matters that greatly affect communities.

Civil cases can range from property line issues to zoning disputes, utility fights between municipalities or disputes among businesses where tens of millions of dollars are at stake.

Lawyers who practice in Berrien County say Tolen is a quick study, able to get to the heart of complex matters.St. Joseph attorney Carl Burdick has served as a local counsel in Tolen's court with lawyers from around the state and nation. They have been "almost universally impressed with her ability to grasp intricacies," he said."There aren't a whole lot of judges like that."

Tolen also has the judicial demeanor to tame the hostility that lawyers sometimes bring into the courtroom, Burdick said.Attorney Leonard "Arnie" White said Tolen presided over a complicated commercial litigation case a few years ago that involved the theft of proprietary information from National Standard Co. of Niles.

Lawyers from Los Angeles and Chicago represented parties in the case. Tolen handled the complex legal issues and lawyers with aplomb, White said. The case was eventually settled."I'm sorry to see her retire," White said.

Trial Court Judge Thomas Nelson, who presides over the court's Family Division, said Tolen provided continuity in the civil division, carrying the case burden alone at times when vacancies occurred on the bench."She has a keen intellect and real drive to serve the citizens of Berrien County," Nelson said.

An avid runner and cyclist, the 57-year-old Tolen announced earlier this month she would step down to spend more time with her two daughters and other family members. She said she plans to divide her time between Michigan and Florida.

Last year, her husband of nearly 15 years, longtime Berrien County Prosecutor James Cherry, died after a long battle with cancer.

Tolen grew up in Detroit, obtained her bachelor's and law degrees at the University of Michigan and was in private practice for 10 years before being appointed by then-Gov. James Blanchard to fill a vacancy in Berrien County Fifth District Court.She was elected to six-year terms in 1988, 1994, 2000 and 2006.Tolen was the first woman to be appointed district judge in Berrien County. In 1994 she became the first woman president of the Berrien County Bar Association.Tolen was appointed presiding judge of the civil division of trial court at its inception in October 1996.

Initially a Michigan Supreme Court experiment, the trial court consolidated district, circuit and probate courts into a single entity.The new court was divided into civil, criminal and family divisions, and judges were allowed to work in any of the three. The arrangement gave the court a lot of flexibility in assigning judges where they were needed. Supporters said it improved efficiency.The arrangement allowed district court judges to hear cases that formerly would have been in circuit court, such as civil disputes with high damage claims.Tolen said the state Legislature later made the trial court permanent.The arrangement has led to a "high degree of collegiality," Tolen said, eliminating separate courts fighting for funding and other resources.

Also, with a separate civil division, civil cases no longer take a back seat to criminal cases. Under the old system, Tolen said, civil and family matters "got jettisoned when there was a big criminal trial."

In 1990, she helped former Judge Ronald Taylor form Berrien County Drug Court, set up to quickly adjudicate felony narcotics cases. People charged with drug offenses were placed on tracks on the basis of their involvement as users, small-time sellers or major traffickers. Drug users could then be sent into treatment programs while those convicted of selling were sentenced to jail or prison.

Tolen worked with Judge Scott Schofield to create the Domestic Violence Court in 1999. With Judge Paul Maloney, now a judge in U.S. District Court, she formed the Community Court in 2002.The next goal is forming a specialized problem-solving court to deal with people with mental health problems who end up in the court system. Active in a long list of community and professional organizations, Tolen said she had to let go of those affiliations while her husband fought cancer. She worked in the Benton Harbor Area Schools Host Mentor Program, the Literacy Council, Twin City NAACP, and served n the boards of Benton Harbor Salvation Army and the YMCA of St. Joseph-Benton Harbor.Contact Scott Aiken at: saiken@TheH-P.com.