OIDV Project Of Michigan - Officer Involved Domestic Violence Project Of Michigan

Thursday, February 14, 2013

02142013 - Deputy Steven Fresorger - Sentenced - Saginaw SD

Officer Steven Fresorger: Saginaw SD, Misuse of LEIN system.

Charged: June 22, 2011

Plea agreement: February 14, 2013

Sentenced: February 14, 2013

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Suspended sheriff's deputy sentenced for improper LEIN use, likely will have all charges dropped
By Andy Hoag
The Saginaw News
February 15, 2013 at 12:00 PM
Updated February 15, 2013 at 12:06 PM
http://www.mlive.com/news/saginaw/index.ssf/2013/02/suspended_sheriffs_deputy_sent.html

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system for personal use likely will have all charges dropped against him a year from now.

Saginaw County Circuit Judge James T. Borchard on Thursday, Feb. 14, sentenced Steven T. Fresorger to a one-year delayed sentence for four misdemeanor charges of unauthorized disclosure of information from the Law Enforcement Information Network.

If Fresorger, 42, successfully completes one year of probation, prosecutors will drop the charges.

Fresorger last month pleaded guilty to the charges and in exchange, prosecutors dropped an additional such misdemeanor, five felony counts of impermissible use of personal information obtained through LEIN, and one felony count of using computers to commit a crime.

The misdemeanor carries a maximum penalty of 93 days in jail and/or a fine of $500. The computer use felony carries a seven-year maximum penalty, while the impermissible use felony carries a five-year maximum.

Prosecutors said Fresorger, 42, used LEIN to access information on men whom his child's mother was dating.

Saginaw County Sheriff William L. Federspiel suspended Fresorger on May 10, 2011, with pay and suspended him June 24, 2011, without pay in connection with the charges. The sheriff said Thursday that he expects to make a decision on Fresorger's employment next week.

Fresorger in June rejected a plea agreement that would have ended in the same result, but was different up front. The deal called for Fresorger to plead guilty as charged and received a one-year “delayed sentence.” If Fresorger successfully completed his probation over the one-year period, prosecutors would have dropped the six felony charges and the misdemeanor charges would have remained.

By pleading guilty to felonies, though, Fresorger would have jeopardized his eligibility to work as a police officer.

Borchard ordered Fresorger to pay $970 in fines and costs.

Suspended sheriff's deputy charged with improper LEIN use avoids felonies with plea deal
By Andy Hoag
The Saginaw News
January 09, 2013 at 2:20 PM
Updated January 09, 2013 at 2:22 PM
http://www.mlive.com/news/saginaw/index.ssf/2013/01/suspended_sheriffs_deputy_char.html

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system for personal use has avoided six felony charges with a plea agreement.

Steven T. Fresorger on Tuesday, Jan. 8, pleaded guilty to four misdemeanor charges of unauthorized disclosure of information from the Law Enforcement Information Network.

In exchange for the plea, prosecutors will drop an additional such misdemeanor, five felony counts of impermissible use of personal information obtained through LEIN, and one felony count of using computers to commit a crime.

The misdemeanor carries a maximum penalty of 93 days in jail and/or a fine of $500. The computer use felony carries a seven-year maximum penalty, while the impermissible use felony carries a five-year maximum.

The plea bargain was offered by former Saginaw County Prosecutor Michael D. Thomas' office prior to the new year, when Prosecutor John McColgan Jr. took office, said new Chief Assistant Prosecutor Christopher Boyd.

Fresorger's trial was scheduled to begin Tuesday before Saginaw County Circuit Judge James T. Borchard.

“We check with the sheriff's department, and they said 'Sure,' ” Boyd said. “We were bound by the offer.”

Prosecutors said Fresorger, 42, used LEIN to access information on men whom his child's mother was dating.

Fresorger was suspended May 10, 2011, with pay and suspended June 24, 2011, without pay in connection with the charges. He remains suspended without pay until the conclusion of this case.

Fresorger in June rejected a plea agreement that would have ended in the same result, but was different up front. The deal called for Fresorger to plead guilty as charged and received a one-year “delayed sentence.” If Fresorger successfully completed his probation over the one-year period, prosecutors would have dropped the six felony charges and the misdemeanor charges would have remained.

By pleading guilty to felonies, though, Fresorger would have jeopardized his eligibility to work as a police officer.

“One of our concerns was whether he would be allow to maintain employment,” Boyd said, adding that it will be up to county Sheriff William L. Federspiel whether Fresorger stays with the department.

Borchard is scheduled to sentence Fresorger on Feb. 14.

Follow Andy Hoag on Twitter @SNAndyHoag

Suspended sheriff's deputy facing felony LEIN charges rejects plea deal; trial postponed
By Andy Hoag
The Saginaw News
June 27, 2012 at 9:30 AM

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system for personal use has rejected a plea deal.

Steven T. Fresorger, 42, appeared before Saginaw County Circuit Judge James T. Borchard today, the day his trial was scheduled to begin, and his attorney indicated that Fresorger does not intend to accept prosecutors' plea offer.

Fresorger's attorney, James F. Piazza, said the offer would require Fresorger to plead guilty as charged to five felony counts of impermissible use of personal information obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Prosecutors then would recommend that Borchard sentence Fresorger to a one-year “delayed sentence.” If Fresorger were to successfully complete his probation during that one-year period, prosecutors then would drop the six felony charges. The misdemeanor charges would remain, Piazza said.

There was no indication whether Fresorger would face any jail time if he accepted the offer.

Borchard said that because he will not be available next week, he would postpone Fresorger's trial to avoid having it begin this week and then continue more than a week later.

Prosecutors say Fresorger used LEIN to access information on men whom his child's mother was dating.

Borchard in April denied Piazza's motion to “quash,” or dismiss, the felony charges, writing that it should be up to a jury whether Fresorger violated the law.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.

Judge denies suspended sheriff deputy's request for dismissal of felony LEIN charges
By Andy Hoag
The Saginaw News April 18, 2012 at 7:15 AM
Updated April 18, 2012 at 10:22 AM
http://www.mlive.com/news/saginaw/index.ssf/2012/04/judge_denies_suspended_sheriff.html

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system will stand trial on six felonies, a judge ruled earlier this week.

Saginaw County Circuit Judge James T. Borchard on April 5 denied the request of Steven T. Fresorger, who asked the judge to “quash,” or dismiss, the felony charges he faces.

Fresorger, 41, is charged with five felony counts of impermissible use of personal information obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Prosecutors say Fresorger used LEIN to access information on men whom his child's mother was dating.

Fresorger's attorney, James F. Piazza, argued that there was no evidence from Fresorger's preliminary hearing that Fresorger actually did anything with the information.

Borchard disagreed, writing that he found “such an interpretation (of the evidence) to be unduly restrictive and unwarranted.”

While the information Fresorger sought can be accessed for civil litigation purposes through a “proper request” from the Secretary of State, whether his actions violated the law should be left to a jury, the judge wrote.

“Obtaining personal information maintained by the Secretary of State to satisfy one's curiosity, even if that curiosity concerns one's own child, does … fall within the purview of the statute,” Borchard wrote.

Ultimately, Borchard decided that county District Judge Terry L. Clark did not abuse his discretion in binding Fresorger over for trial.

Fresorger's trial before Borchard was scheduled to begin Tuesday, but the trial was delayed. A new trial date was not yet set.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.

Attorney for suspended Saginaw sheriff's deputy asks judge to dismiss felony LEIN use charges
By Andy Hoag
The Saginaw News
on March 27, 2012 at 7:19 AM
http://www.mlive.com/news/saginaw/index.ssf/2012/03/attorney_for_suspended_saginaw.html

SAGINAW, MI — The attorney for a former Saginaw County sheriff's deputy Monday asked a judge to dismiss charges that he improperly used a statewide computerized information system for personal use.

Steven T. Fresorger, 41, appeared along with his attorney, James F. Piazza, before Saginaw County Circuit Judge James T. Borchard, who heard arguments on Piazza's motion to “quash,” or dismiss, the six felonies that Fresorger faces.

The Saginaw Township resident is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Piazza argued that testimony from Fresorger's preliminary hearing in August did not indicate that he accessed information about his ex-girlfriend's new boyfriends — as well as two individuals with similar names as the new boyfriends — for personal use and did not indicate what, if anything, Fresorger did with the information.

Borchard, who said he was only “halfway” through the transcripts from the two-part hearing and would make a decision once he finishes reading them, indicated that his impression was that Fresorger was accessing the information to find out more about the men with whom his ex-girlfriend was bringing their child into contact. Piazza argued that there also was no indication of that from the testimony.

Piazza added that while Fresorger's ex-girlfriend, Tracy Moore, testified that Fresorger told her of her new boyfriends' past drug use, that type of information, including criminal history, is not accessible through in-car LEIN consoles, which Fresorger used.

County Assistant Prosecutor Jon Sahli countered that testimony showed that some in-car LEIN consoles can access criminal history, while others cannot.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.

Trial ordered for sheriff's deputy charged with improper LEIN use
By Andy Hoag
The Saginaw News
November 07, 2011 at 9:24 AM
http://www.mlive.com/news/saginaw/index.ssf/2011/11/trial_ordered_for_sheriffs_dep.html

SAGINAW — A suspended Saginaw County sheriff’s deputy accused of improperly using a statewide computerized information system for personal use will stand trial on six felonies and five misdemeanors.

Saginaw County District Judge Terry L. Clark on Wednesday concluded the second part of the preliminary hearing for Steven T. Fresorger, 41, by ruling that prosecutors had shown probable cause to take him to trial in Circuit Court.

Fresorger, who lives in Saginaw Township, is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Fresorger is accused of using LEIN to access information about his ex-girlfriend’s new boyfriends as well as two individuals with similar names as the new boyfriends.

Fresorger remained free today on a $1,000 or 10 percent bond.

Wednesday, February 13, 2013

02132013 - Deputy Ryan Salisbury - Terminated - Grand Traverse SD

Deputy Ryan Salisbury [Grand Traverse SD]: December 12, 2012 domestic violence assault:

http://michiganoidv.blogspot.com/2012/12/deputy-ryan-salisbury-grand-traverse-sd.html

Deputy Ryan Salisbury: Fighting termination after DV conviction:

http://michiganoidv.blogspot.com/2013/02/deputy-ryan-salisbury-fighting.html

Deputy Ryan Salisbury: DV plea agreement

http://michiganoidv.blogspot.com/2013/01/deputy-ryan-salisbury-dv-plea-agreement.html

Deputy Ryan Salisbury: 2011 investigation for domestic violence assault:

http://michiganoidv.blogspot.com/2011/09/deputy-ryan-salisbury-grand-traverse-sd.html

Attorney: Grand Traverse deputy to fight his termination
BY ART BUKOWSKI
The Record-Eagle
Fri Feb 15, 2013, 12:10 AM EST
http://record-eagle.com/local/x730443865/Attorney-Grand-Traverse-deputy-to-fight-his-termination

TRAVERSE CITY — A fired Grand Traverse sheriff’s deputy will fight his termination, his attorney said.

Sheriff Tom Bensley fired Ryan Salisbury on Wednesday. The move came about a month after Salisbury, a roughly 10-year veteran of the department, pleaded guilty to a misdemeanor count of disturbing the peace for his role in a Dec. 6 incident at Union Street Station in Traverse City.

Salisbury’s attorney, Craig Elhart, said Salisbury already contacted a union attorney for arbitration.

“He’s been punished enough by the courts,” Elhart said. “I think his employer has gone way overboard in reaction to what he did.”

Salisbury, 35, declined comment through Elhart.

He initially was charged with disturbing the peace and a misdemeanor count of domestic violence, but the latter charge was dismissed as part of a plea deal. A judge sentenced him to one year of probation, and his conviction will be vacated if he successfully completes that probation.

Bensley said the decision to fire Salisbury came after administrators met with Salisbury and reviewed the department’s rules.

“Because of Deputy Salisbury’s actions .... which were in violation of general orders of the sheriff’s office, we feel that the separation from employment was appropriate,” he said in a statement.

When reached for comment by a Record-Eagle reporter, Bensley declined additional comment about his firing decision or the upcoming arbitration process. The entire situation took a toll on the department, he said.

“Unfortunately, these situations do occasionally occur,” he said. “It does suck a lot of energy out of the staff at the sheriff’s office.”

Salisbury’s girlfriend was at the bar with a few others when Salisbury came in. Authorities said Salisbury struck his girlfriend on the neck with his elbow and made a punching motion toward her face, and he also had physical contact with a man sitting near Salisbury’s girlfriend.

Antrim County Prosecutor Charles Koop, who handled the case as a special prosecutor, said the man had been sending Salisbury’s girlfriend texts over a period of time.

In late 2011, Leelanau County assistant prosecutor Doug Donaldson declined to issue a domestic violence charge against Salisbury for an alleged assault on a different woman in Grand Traverse County. That woman, Salisbury’s then-wife, asked Donaldson not to charge.

Fired Grand Traverse County sheriff's deputy to challenge termination over arrest at Traverse City bar
Aaron Aupperlee
The Grand Rapids Press
February 14, 2013 at 6:23 PM
Updated February 14, 2013 at 7:07 PM
http://www.mlive.com/news/grand-rapids/index.ssf/2013/02/grand_traverse_county_sheriffs_1.html

TRAVERSE CITY, MI — A Grand Traverse sheriff's deputy fired over an arrest at a Traverse City bar intends to challenge the department's decision.

The sheriff's office terminated Ryan Salisbury, 35, for violations of the "General Orders of the Sheriff's Office," according to a news release from the department. Salisbury will file a grievance against the sheriff's office through his union, said Craig Elhart, Salisbury's lawyer in the criminal case against him.

"He's extremely disappointed the sheriff would take the action that he has," Elhart said Thursday, Feb. 14. "At the worst case scenario, he was being loud in a bar."

Elhart spoke to Salisbury Thursday but is not representing him in the employment-related matter. A union attorney will be handling the employment matter, Elhart said. Efforts to reach Salisbury and a union representative were unsuccessful.

Salisbury was arrested early on Dec. 7 at Union Street Station in Traverse City after reports that he had a physical altercation with a woman inside the bar. Elhart said there was no assault inside the bar, and the woman allegedly assaulted repeatedly told investigators she was never touched.

Salisbury was arrested and charged with domestic violence. He was supsended with pay from the department. He pleaded guilty to disturbing the peace on Jan. 9, received a delayed sentence and assessed $425 in fines and costs, according to court records. The domestic violence charge against Salisbury was dropped.

Elhart advised Salisbury not to take the plea deal offered by prosecutors. Salisbury's actions in the bar did not even constitute disturbing the peace, Elhart said.

"The only reason that he entered the pleas was that he wanted to end this," Elhart said.

Salisbury expected to maintain employment with the sheriff's office after the criminal case was settled.

The sheriff's office stated it would not comment further due to the expected challenge by Salisbury.

Grand Traverse County Sheriff's deputy fired for alleged assault Traverse City bar
Aaron Aupperlee
The Grand Rapids Press
February 14, 2013 at 4:42 PM
Updated February 14, 2013 at 8:18 PM
http://www.mlive.com/news/grand-rapids/index.ssf/2013/02/grand_traverse_county_sheriffs.html

TRAVERSE CITY, MI — The Grand Traverse Sheriff's Office has fired a deputy who pleaded guilty to disturbing the peace after a December arrest at a Traverse City bar.

Ryan Salisbury, 35, was relieved of his "duties, responsibilities and employment," according to a Thursday, Feb. 14, news release from the sheriff's office. The sheriff's office fired Salisbury after conducting an internal investigation into his actions on Dec. 6 and Dec. 7 at Union Street Station, 117 S. Union St.

Salisbury had a "physical altercation" with a woman early on Dec. 7 at the bar, according to reports. A dog handler on the sheriff's K-9 team, Salisbury was arrested and charged with domestic violence. He pleaded guilty to disturbing the peace on Jan. 9, received a delayed sentence and assessed $425 in fines and costs, according to court records. The domestic violence charge against Salisbury was dropped.

The sheriff's investigation found Salibury's actions at the bar were in violation of General Orders of the Sheriff's Office, according to the release.

"We feel that the separation from employment was appropriate," the release stated.

Salisbury was suspended with pay after his arrest. The sheriff's office expects Salisbury to contest their decision.

GT deputy fired
By Art Bukowski
The Record-Eagle
Thu Feb 14, 2013, 10:46 AM EST
http://record-eagle.com/local/x2056614952/GT-deputy-fired

TRAVERSE CITY - A Grand Traverse sheriff’s deputy convicted of disturbing the peace has been fired.

Sheriff Tom Bensley on Thursday confirmed the dismissal of Ryan Salisbury, 35, from the sheriff’s department.

Salisbury worked for the department for about 10 years. He pleaded guilty in January to a misdemeanor count of disturbing the peace for his role in a Dec. 6 incident at Union Street Station in Traverse City.

Salisbury was accused of assaulting his girlfriend, but he denied striking the woman. He accepted a plea agreement resulting in a conviction of disturbing the peace. Salisbury received probation as part of a delayed sentence.

If he completes court-ordered terms during the next year, the conviction will be vacated, said Antrim County Prosecutor Charlie Koop, who handled the case as a special prosecutor.

Bensley declined further comment.

Decision coming soon on whether to discipline deputy
BY ANGIE JACKSON
The Record-Eagle
Fri Feb 08, 2013, 06:48 PM EST
http://record-eagle.com/local/x1525012691/Decision-coming-soon-on-whether-to-discipline-deputy

TRAVERSE CITY — Grand Traverse sheriff's officials said they'll soon decide whether to discipline a deputy convicted of disturbing the peace.

Sheriff Tom Bensley said authorities planned to speak with Deputy Ryan Salisbury today as part of an internal investigation and then will determine their next step.

Bensley would not say when Salisbury's fate will be decided, but said it will happen "soon."

"We're meeting with him (today) to go over the internal investigation and his side of the story," Bensley said.

Salisbury, 35, has been with the sheriff's department about 10 years. He was placed on unpaid suspension on Jan. 2, and this week received a delayed sentencing in district court and a year probation for a misdemeanor count of disturbing the peace.

Salisbury initially was charged with domestic violence after a Dec. 6 incident at Union Street Station in Traverse City.

If Salisbury completes court-ordered terms during the next year, the conviction will be vacated, said Antrim County Prosecutor Charlie Koop, who handled the case as a special prosecutor.

Authorities said Salisbury struck his girlfriend with an elbow to the neck and made contact with a man who sat next to her in the Union Street bar.

Koop earlier said it appeared Salisbury's girlfriend was not a target; rather, he shoved her aside as he confronted a man who had sent her text messages. Witnesses provided conflicting accounts during the investigation, Koop said.

Eighty-Sixth District Judge Thomas J. Phillips ordered Salisbury to have no contact with the male victim. He also said Salisbury cannot possess alcohol or illegal drugs and he must stay away from bars.

He also is not to possess firearms or engage in aggressive behavior, except during his law enforcement job.

Salisbury is required to complete a 26-week group therapy program for men.

"The thing is, Mr. Salisbury has to sit in with a group of other people who've been assigned to the men's program and has to deal with the fact they all know he's a police officer. He's going through it with everybody else," Koop said.

Salisbury's attorney, Dena Horvath, said he voluntarily enrolled and is eight weeks into the program.

Horvath said Salisbury has tried to focus on his family.

"Basically, it was an unfortunate set of circumstances and Ryan just hopes that he and everyone can move on from here and go forward," she said.

In 2011, Salisbury's then-wife asked Leelanau County assistant prosecutor Doug Donaldson not to issue a domestic violence charge for a separate incident of alleged assault against her.