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

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

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

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









ALSO SEE:

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


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


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


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


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


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

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Kevin-Floyd--Attorney-Discipline-Board--12012006

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 Kevin-Floyd--MI-Court-Of-Appeals--269723--07122006

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












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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

09252003 - Officer Elgin Murphy - Suspended - Detroit PD

On September 25, 2003, Detroit PD Sergeant Elgin Murphy was charged with assaulting his step-son. According to the police report, Murphy slammed his step-son up against the wall; choked him and punched him in the face and ribs.
Officer Murphy was suspended from the department on September 25th.

BOARD OF POLICE COMMISSIONERS
Minutes of the Board of Police Commissioners Meeting
Thursday, September 25, 2003
The regular meeting of the Detroit Board of Police Commissioners was held on
Thursday, September 25, 2003, at 3:00 p.m., at the Police Headquarters, 1300
Beaubien, Room 328-A, Detroit, MI 48226.

4. SECRETARY REPORT – EXEC. DIR. GOSS
Suspension. On September 25, 2003, Sergeant Elgin Murphy, badge S-810, assigned to the Office of the Chief Investigator, was suspended without pay by Chief Jerry A. Oliver, Sr.

On August 12, 2003, the Professional Accountability Bureau was notified of an alleged act of misconduct on the part of Sgt. Murphy. More specifically, it was alleged that while off-duty, Sgt. Murphy did slam his seventeen (17) year old stepson against the wall, choke him, and punch him multiple times about the face and rib area.

According to the Preliminary Complaint Records, the following occurred:
On August 6, 2003, at approximately 9:30 p.m., Sgt. Murphy’s stepson was in his bedroom, located at his residence within the city of Detroit, when Sgt. Murphy entered the bedroom and questioned him regarding food therein. After the conversation, Sgt. Murphy slammed his stepson against the wall, choked him, punched him on the right side of his face and punched him several times in the ribs with a closed fist. Sgt. Murphy’s stepson was subsequently treated at Botsford General Hospital Emergency room and diagnosed with a ruptured right eardrum.

On August 13, 2003, felony/misdemeanor warrant #03-63978 was issued charging Sgt. Murphy with “Second Degree Child Abuse, Aggravated Domestic Violence and Domestic Violence.”

On August 18, 2003, Sgt. Murphy was arraigned in 36th District Court before Magistrate Steven Lockhart. He stood mute and a plea of not guilty was entered on his behalf. He was released on a $50,000.00 personal bond with a no contact provision with the complainant. His preliminary examination was scheduled for August 28, 2003, however it has been adjourned to October 2, 2003.

Based on the above circumstances, it is recommended that Sgt. Murphy be charged with, but not limited to, the following violation of the Detroit Police Department Rules and Regulations:
CHARGE: CONDUCT, UNPROFESSIONAL/CONDUCT UNBECOMING AN OFFICER; CONTRARY TO THE LAW ENFORCEMENT CODE OF ETHICS, THIS BEING IN
VIOLATION OF DETROIT POLICE MANUAL SERIES 102.3-5.7, SECTION 3.
Exec. Dir. Goss asked if there were any Attorneys present on behalf of Sgt. Murphy?
Unless contravened by this Commission, the above suspension without pay will stand.