Sunday, May 23, 2021

05232021 - No Protections For Police Officers From Retaliation, When They Uphold Michigan Laws And Have Fellow Officers Arrested/Charged with DV/Child Abuse





















FYI: Under MCL 722.623 law enforcement officers are LEGALLY MANDATED to report an act of child abuse/suspected child abuse.  PERIOD!


Recently, I had a meeting with an area police department and domestic violence agency, RE: Officer Involved Domestic Violence. One of the subjects I covered was retaliation against law enforcement officers who do their jobs and protect victims of OIDV - which results in the abusing officer being arrested and charged. To some officers and departments, the abusing officer is looked upon as the victim - and the arresting officer is looked upon as the bad guy for having crossed the blue line. And of course the evil games of retaliation against the arresting officer begin.

Eyes of course rolled because I was speaking out about a taboo subject.

Retaliation against police officers who report OIDV committed by fellow officers needs to be addressed at both the state and federal levels. We can't protect OIDV victims, if we can't protect the outstanding officers who protect the OIDV victims.


Police Officer Retaliation: Comparing two different cases of police officers who committed the crime of child abuse.
Case #1: No retaliation by the officer who was arrested. Abusing officer was criminally held accountable for his crimes.

Case #2: The reporting officer was retaliated against by the abusing officer. The abusing officer was not criminally held accountable for his DV/child abuse crimes. Nor, was the abusing officer held criminally accountable for his retaliatory actions against the reporting officer (obstruction of justice, etc.). The abusing officers violence against his ex-wife and children continued for the next several years. He was not arrested until several years later for OIDV and child abuse.



Case #1: MSP Trooper Gregory Filpus - Arrested and charged with DV and Child Abuse. No retaliation against the arresting officers at any time during the case. Filpus pleaded guilty to the charges and was sentenced. 

Case #2: Warren PD Officer Anwar Khan. Although he had a long history of domestic violence, which also involved attacks against his children, the Troy PD refused to arrest Khan - and Khan's department took no action to protect Khan's children and ex-wife from the brutal attacks. EVERYONE at both police departments looked away - that is except Officer Arthur Gill.

When Officer Gill attempted to protect Officer Khan's victims and uphold Michigan laws, Khan and others retaliated against him.

This is what retaliation against police officers who uphold Michigan's OIDV and child abuse laws looks like:




Judge: No separate trials for accused Warren ex-cop
Macomb Daily
Nov 13, 2014
https://www.macombdaily.com/news/nation-world-news/judge-no-separate-trials-for-accused-warren-ex-cop/article_619788c3-0ce7-5d24-9c13-81221140aede.html

A fired Warren police commander will not get separate jury trials on charges of assaulting a man and retaliating two months later against a fellow officer who reported the alleged confrontation, a judge ruled Thursday.

Former patrol sergeant Arthur Gill's lawyer, however, plans to appeal 37th District Judge Matthew Sabaugh's decision.

'We believe that due process requires Art Gill to have separate trials,' defense attorney Steven Kaplan said. 'We were hopeful that the judge would grant him separate trials for the two different alleged incidents. We believe the Circuit Court is likely to grant our relief.'

Gill faces three misdemeanor charges: assault or assault and battery; false report of a misdemeanor; and intentional filing of a false report of child abuse. Each offense is punishable by up to 93 days in jail.

The charges are rooted in a January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads.

Gill ordered Carlton Torres from the home to the porch where he 'asked Mr. Torres something about some dogs,' according to a lawsuit filed against Gill by Torres. 'Then without warning, provocation or justification, Gill slugged Mr. Torres in the chest with his fist,' the lawsuit states.

Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. After reviewing police reports, the Macomb County Prosecutor's Office refused to issue any charges against Torres for the incident.

Torres says Gill lied on a police report by saying that Torres 'swatted my right hand from him' before striking Torres in the chest, according to the lawsuit, filed in U.S. District Court in Detroit.

Torres' version was backed by Warren police officer Anwar Khan, who was at the scene.

Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against the officer to Child Protective Services.

Kaplan believes evidence would be prejudicial if applied by one jury weighing Gill's fate on all three counts.

Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when Police Commissioner Jere Green fired him in April.

Gill has told The Macomb Daily the charges are 'retribution' for complaints he has made in the Warren Police Department over the years.

A Circuit Court decision on whether Gill should receive separate trials may not come for another 90 days, Kaplan said. Another hearing in district court is expected to be held before then. A jury trial is scheduled for March 16, 2015.

The charges are a blemish on his Gill's reputation, said Kaplan, a former assistant Macomb County prosecutor.

'He does miss police work,' Kaplan said. 'He was a successful command officer. He wishes to
return to his vocation.' Gill's wife also works as a Warren police officer. She returned to work last week after giving birth eight weeks ago, Kaplan said.

Torres' civil lawsuit accuses Gill of excessive force, unlawful arrest and assault. He claims he suffered scrapes and bruises, humiliation, embarrassment, mental anguish, humiliation, outrage, and also indignity of being arrested and incarcerated for something he did not commit.












Former Warren cop jailed for allegedly threatening psychologist
Macomb Daily 
Jun 14, 2019

A former Warren police commander is being held in jail in lieu of a $1 million bond accused of threatening a potential witness in his criminal case, according to a media report.

Arthur Gill, 54, was jailed Wednesday by a St. Clair Shores judge in connection with his criminal case in which he is accused of assaulting a man while working as a Warren cop and retaliating against a fellow officer who witnessed the incident by making false report with state Child Protective Services.

Gill’s criminal case dates to 2014, and the case at one point was transferred to 40th District Court in St. Clair Shores.

Last weekend, Gill showed up at a psychologist's office in Birmingham and threatened the doctor, who is set to testify in his case, according to the report aired by WJBK-TV (Fox 2). Macomb County Prosecutor Eric Smith, who has yet to respond to inquiries from The Macomb Daily about the case, said in the report also found on the TV news station's website that Gill told the psychologist, "Your reputation is going to be ruined" and "nothing good is going to come out of this.”

Gill appeared in district court for intimidating witnesses and violating his bond, which was reset at $1 million.

The case dates back to January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads. Gill is accused of punching Carlton Torres in the chest “without warning, provocation or justification,” according to a federal lawsuit by Torres.

Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. The county Prosecutor's Office refused to issue any charges against Torres.

Torres says Gill lied on a police report by saying that Torres “swatted my right hand from him” before striking Torres in the chest, according to the lawsuit. Torres' version was backed by Warren police officer Anwar Khan, who was at the scene. Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against him to Child Protective Services.

Torres' lawsuit was voluntarily dismissed in 2015, according to court records.

Gill is charged with assault and battery, filing a false police report and filing a false report of child abuse, all misdemeanors. His trial was scheduled to start Monday but will be delayed, the report says.

Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when then-police commissioner Jere Green fired him in April 2014.

Gill has told The Macomb Daily the charges are “retribution” for complaints he has made in the Warren Police Department over the years.












Felony assault charge dropped against suspended Warren police officer
Macomb Daily
Aug 12, 2020

A felony charge was dismissed from the criminal case against a suspended Warren police officer who still faces four misdemeanors for a recent incident at his Washington Township home.

Judge Denis LeDuc of 42 Court in Romeo on Wednesday dismissed a charge of assault with a dangerous weapon against Anwar Khan, 48, who was accused of pointing a gun at his ex-wife’s boyfriend, Stephen Wright. The incident occurred during an altercation July 4 outside of Khan’s Washington Township home.

The dismissal came following a preliminary examination for the lone felony charge against Khan. 

“The judge said he found the complaining witness’s testimony not credible,” said Khan’s attorney, John Dakmak. “There was conflicting statements about how the gun was use and the type of gun used.”

Wright gave two statements to police prior to his testimony.

The hearing was held remotely by video.

The assistant Macomb County prosecutor handling the case could not be immediately reached for comment Wednesday.

Wright claimed Khan punched and pointed a gun at him that morning after he went outside to find his teenage daughter in a wooded area with Wright and another man.

Khan denies he had a gun when he went to confront Wright and the second man, who ran away, Dakmak said.

LeDuc agreed to add a misdemeanor assault-and-battery charge against Khan for the alleged punch. Khan still faces two domestic assault charges for allegedly assaulting his wife and daughter around the same time. He also faces a misdemeanor for refusing to provide a DNA sample.

A pretrial in the case is set for Sept. 15.

Khan’s divorce from his wife, Melissa, was finalized in January, and he has custody of their three children, Dakmak said. Khan’s wife typically lives separately but was staying there for the weekend to visit her children, he said.

Khan, a 20-year police veteran, is on unpaid administrative leave from the Warren Police Department, Dakmak added.













Saturday, May 1, 2021

05012021 - Detroit PD Lt. Willie F. Duncan - Second Sexual Assault Under Investigation

 


Detroit PD Lt. Willie F. Duncan Posts









Detroit cop charged with sexually assaulting fellow officer, 2nd alleged victim comes forward
MLive
Aug. 23, 2021


DETROIT -- A lieutenant with the Detroit Police Department has been charged with third-degree criminal sexual conduct after he allegedly assaulted a fellow officer following a party in February. According to WXYZ Detroit, Lt. Willie F. Duncan, 47, was arraigned on the charge Friday in 36th District Court.

Wayne County Prosecutor Kym Worthy’s office worked with the Detroit Police Department to investigate Duncan after a 39-year-old female officer with the department alleged she was assaulted by Duncan after she returned home from a party at 3 a.m. on February 20.

“The allegation against the lieutenant, to say troubling is an understatement,” said Interim Police Chief James White during a press conference Friday.

Along with the charges issued Friday, another alleged victim has come forward, according to police. That case involves an alleged assault that took place in May. Police are continuing to investigate those accusations as well.

Duncan is expected to be back in court on Aug. 27 for a probable cause conference.















Detroit police lieutenant accused of sexually assaulting other officers
FOX 2 News - Detroit
Aug 20, 2021


A Detroit police lieutenant is facing charges in connection with the alleged sexual assault of an officer and is accused of another sexual assault.















Veteran Detroit police officer charged with criminal sexual conduct
Willie Duncan accused of forcibly engaging in sex with woman in her home
Click On Detroit
August 20, 2021



DETROIT – A 20-year veteran officer of the Detroit Police Department is accused of forcibly engaging in sex with a woman against her will inside her home.

Lt. Willie Duncan is charged with criminal sexual conduct in the third degree -- force or coercion. A not guilty plea was entered on his behalf Friday during a 36th District Court hearing.

The judge said there is a “very extensive” investigative report on the allegations against Duncan, calling them “troubling at best.”

“Mr. Duncan allegedly did enter the complainant’s home and forcibly engaged in sex with her against her will,” the judge said.

The Wayne County Prosecutor’s Office (WCPO) said the incident happened about 3 a.m. Feb. 20, 2021.

“The complainant returned home from a party and Lt. Duncan appeared at her door. When she opened her door he came inside the home. Once inside it is alleged that he sexually assaulted her,” reads a statement from the prosecutor’s office.

A warrant request was handed to WCPO on July 22.

Duncan’s attorney said he is on suspension amid an internal affairs investigation at the police department. The judge originally set bond at $35,000, or 10%, but then agreed to $25,000, or 10%. His attorney had asked for $20,000, or 10%.

Duncan also is ordered not to have contact with the victim.

A probable cause conference is scheduled for Aug. 27.















DPD lieutenant charged in connection to alleged sex assault of an officer
WXYZ News - Detroit
August 20, 2021
(WXYZ) — A Detroit Police Department lieutenant was arraigned today on sexual assault charges in 36th District Court, according to the Wayne County Prosecutor’s office.

The prosecutor’s office said Detroit Police Lt. Willie F. Duncan, 47, allegedly sexually assaulted a 39-year-old female DPD officer when she returned home from a party on February 20 at 3 a.m.

Wayne County Prosecutor Kym Worthy today charged Lt. Duncan with Criminal Sexual Conduct Third Degree, a felony with a maximum penalty of 15 years in prison.

The Detroit Police Department at a press conference Friday said they have been working closely with the Wayne County Prosecutor's office and that another alleged victim, an employee of the department, had come forward after a May incident. Police officials said the criminal and departmental investigations into that May incident continue, and the outcome should be announced in the near future.

Interim Detroit Police Chief James White said he has asked that the lieutenant be suspended without pay.

“These allegations obviously are severe and we do not take them lightly," said Chief White.

Duncan's probable cause conference is scheduled for August 27.