09122009 - Officer Colin Kacmarsky - Shot/Paralyzed By Wife - Lansing PD

Officer Colin Kacmarsky, Lansing Police Department

Prosecutor might soon decide on charges in Kacmarsky shooting
Lansing police officer left paralyzed after being shot by wife
April 15, 2010
Lansing State Journal
Kevin Grasha
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=20104150326

CHARLOTTE - Eaton County Prosecutor Jeff Sauter said Wednesday he could decide soon whether to file charges in a case involving a Lansing police officer who was partially paralyzed after being shot by his wife.

Colin Kacmarsky, 33, is unable to walk due to paralysis, according to documents filed in Eaton County Circuit Court as part of the couple's divorce.

The complaint for divorce was filed Sept. 15 by his wife, Kathe, just days after she shot Kacmarsky in their Dimondale home during an apparent fight.

The divorce has not been finalized.

Prosecutors said there was evidence Kathe Kacmarsky, then 25, had been physically assaulted and injured prior to the shooting.

Colin Kacmarsky could not be reached by telephone Wednesday for comment.

His mother declined to comment.

Kathe Kacmarsky's attorney, Andrew Abood, said he did not want to discuss specifics.

"This is a situation that is a tragedy, but my client committed no crime," Abood said.

She is now living in Phoenix, according to court documents.

No details about what led to the shooting are included in documents.

They each owned firearms, the documents say.

On a Web site devoted to "alternative weapons hunting," Kathe Kacmarsky describes herself as an experienced hunter who has used a handgun, a rifle and a crossbow.

In the days after the incident, authorities said the couple refused to give statements, complicating the investigation. Sauter said both have since provided statements.

"It's still being investigated, but we hope to make a decision fairly soon," Sauter said.

That could happen within a few weeks, he said.

Colin Kacmarsky is on paid medical leave from the Lansing Police Department, spokesman Lt. Noel Garcia said.

The shooting was reported in the early-morning hours of Sept. 12 at the couple's house in the 8600 block of Jacaranda Drive.

Property records show they still own the home.

Kathe Kacmarsky "has no desire to resume residence at the marital home," according to documents filed in January.

They were married in 2005 in the U.S. Virgin Islands, court documents say. They do not have children.

                       











Water offers freedom of movement Scuba gives new therapy options for the paralyzed
By Staff reports
The Holland Sentinel
Posted Apr 13, 2010 @ 05:30 AM
http://www.hollandsentinel.com/feature/x998218495/Water-offers-freedom-of-movement

Holland, MI — With a heavy scuba tank strapped to his back and goggles over his eyes, Colin Kacmarsky feels free.

“When you’re in the water, it’s like you’re normal,” the 33-year-old said. “I’ve only been paralyzed for six months, so I can vividly remember what it’s like to walk and swim.”

Exploring the deep end of the pool at West Ottawa’s Harbor Lights Middle School, Kacmarsky was helping out with a three-day training seminar which will give local dive instructors at Advance Scuba in Holland the tools to offer educational scuba diving programs to people with disabilities.

Leading that training was Jim Elliott, of Diveheart. Founded in 2001, the Illinois-based non-profit offers this kind of training to dive instructors around the world.

For people with disabilities, including those who’ve lost the use of their legs, scuba diving is incredibly liberating and helps forge a new identity, Elliott said.

“All of a sudden it’s Johnny the scuba diver, not Johnny the guy in the wheel chair,” Elliott said.

The training will allow Advance Scuba to partner with the Mary Free Bed Rehabilitation Hospital in Grand Rapids to launch an introductory scuba program for people with disabilities in October, said Tim Marr, owner of Advance Scuba.

The program will give people a basic introduction to scuba diving. They’ll learn about gear, safety and how to suit up as well as spend time diving in the pool.

After two days training in the pool with Elliott, the Advance team invited some Mary Free Bed therapists, and Kacmarsky, a former Mary Free Bed patient, to don scuba gear, get in the water and check out the program.

“It was a 60-minute pressure relief,” said Kelly Merz, a Mary Free Bed therapist who works with adults with spinal cord injuries.

Merz herself had a spinal cord injury and uses a wheelchair. This was her first time experiencing scuba, she said.

“I can not wait to get them (the patients) in the water now,” she said. “It’s such a freedom to be under water. I was equal to everyone in the water.”

Watching Kacmarsky dart to the bottom of the pool, Sue Kurtz immediately started thinking of the people she works with at the Grand Rapids Home for Veterans who would benefit from scuba. Most of the them are used to active lives, she said.

“We’re always looking for new opportunities,” she said.











                       

Former Police Officer and Tactical Operations Team with the Charlotte Police Department [MI] COLIN KACMARSKY:

"Officer Kacmarsky began his police career with the Charlotte Police Department, as a full time officer in 1998. Officer Kacmarsky joined the Tactical Operations Team on 01 July, 2000. Officer Kacmarsky attended Street Survival School."

"STATEMENT OF PURPOSE...The ultimate goal of the Tactical Operations Team, in any incident, is to win..."
http://www.geocities.com/tacticaloperationsteam/












Lansing officer's shooting probed
Prosecutor says there's evidence wife assaulted, injured before husband shotLansing State Journal
September 15, 2009
Kevin Grasha
http://www.lansingstatejournal.com/article/20090915/NEWS01/909150312

CHARLOTTE - Authorities are trying to determine if a woman who shot her husband this weekend after an apparent fight was justified in using the gun.Colin Kacmarsky, 33, a Lansing police officer, was seriously injured after being shot early Saturday morning at the couple's Dimondale home.Eaton County Prosecutor Jeff Sauter said there was evidence Kacmarsky's wife had been physically assaulted and injured prior to the shooting.

The 25-year-old woman was arrested and jailed after the incident. She was released after Kacmarsky refused to give a statement to detectives investigating the case, Sauter said.

"I decided to release her from custody and review the facts after the investigation is complete," Sauter said.

The Lansing State Journal does not name victims of domestic violence. The Eaton County Sheriff's Office would not release information about whether deputies previously had responded to the home in the 8600 block of Jacaranda Drive for any domestic-related incidents.

Lansing police Lt. Noel Garcia said Kacmarsky, who has been with the department about four years, is recovering at a local hospital.

Garcia would not comment on the extent of his injuries.

He said Kacmarsky was not on duty at the time of the shooting, which was reported at about 3 a.m. Saturday.

Additional Facts
What's next: Prosecutors will determine whether to file charges against a woman who shot her husband, a Lansing police officer.


                   






Video by Cloudwriter: http://www.behindthebluewall.blogspot.com/
[MI] Lansing Police Officer Kacmarsky shot at home
http://www.youtube.com/watch?v=nNlvpMM9-wc

WIFE ACCUSED OF SHOOTING LANSING COP RELEASED FROM JAIL
Midday update
Landing State Journal
Matthew Miller
September 14, 2009 • From LSJ.com
http://www.lansingstatejournal.com/article/20090914/NEWS01/309140005/1002/NEWS01

Eaton County Prosecuting Attorney Jeffrey Sauter said today that his office will delay a decision on whether to charge the wife of a Lansing police officer accused of shooting him.Colin Thomas Kacmarsky, 33, of Dimondale, was shot early Saturday morning at his home in the 8600 block of Jacaranda Drive. He remains in stable condition at a local hospital, according to the Eaton County Sheriff’s Department.

His wife, whose name has not been released, was arrested Saturday and taken to the Eaton County Jail.

Officers “had probable cause to arrest her that morning, but the shooting victim refused to make a statement to ECSD investigators,” Sauter said, adding that there was evidence that the woman had been physically assaulted prior to the shooting.

“Consequently, I decided to release her from custody and review the facts after the investigation is complete,” Sauter said.


                   







Woman Released in Off-Duty Cop Shooting
Posted: 9:59 AM
Sep 14, 2009
Reporter: Tim Gillette
WILX NEWS
http://www.wilx.com/news/headlines/59224857.html

The 25-year old woman taken into custody, after an off-duty police officer was found shot in his Dimondale home, has been released, pending further investigation.

EATON COUNTY - The Eaton County Sheriff's office confirms that the woman who was detained after the shooting of an off-duty Lansing police officer has been released without charges, pending further investigation. She was released Sunday.

33-year-old Colin Kacmarsky was shot in his home in Dimondale in the early morning hours of Saturday. He remains hospitalized in stable condition according to the sheriff's office.

A spokesperson for the Eaton County Sheriff's Office would not say why the 25-year old woman, who lives with Kacmarsky, was released, or what the circumstances of the shooting were. On Saturday Sheriff's deputies said the incident appeared to be a domestic argument. No time frame was given for the conclusion of their investigation.

Wife accused of shooting Lansing cop released from jail
Midday update
September 14, 2009
Lansing State Journal
MATTHEW MILLER
SEPTEMBER 14, 2009
FROM LSJ.COM

Eaton County Prosecuting Attorney Jeffrey Sauter said today that his office will delay a decision on whether to charge the wife of a Lansing police officer accused of shooting him.

Colin Thomas Kacmarsky, 33, of Dimondale, was shot early Saturday morning at his home in the 8600 block of Jacaranda Drive. He remains in stable condition at a local hospital, according to the Eaton County Sheriff’s Department.

His wife, whose name has not been released, was arrested Saturday and taken to the Eaton County Jail.

Officers “had probable cause to arrest her that morning, but the shooting victim refused to make a statement to ECSD investigators,” Sauter said, adding that there was evidence that the woman had been physically assaulted prior to the shooting.

“Consequently, I decided to release her from custody and review the facts after the investigation is complete,” Sauter said.

Lansing Officer Shot
A Lansing officer is shot early Saturday morning in Dimondale.
Reporter: News 10
Sep 13, 2009
http://www.wilx.com/news/headlines/59135482.html

On Saturday around 3am, Eaton County Sheriff's deputies responded to a shooting at the 8000 block of Jacaranda in Dimondale.

It was the residence of 33-year old officer Colin Kacmarsky, who was transported to an area hospital with a gun shot wound.

A 25-year old female suspect living in the same residence has been arrested.

Officials are still investigating the incident, which appears to be domestic-related.

Lansing cop shot during domestic incident
Evening update
LSJ.com
September 12, 2009
Kathryn Prater
http://www.lansingstatejournal.com/article/20090912/NEWS01/309120012/-1/newshome

UPDATED 9:23 PM - DIMONDALE — A Lansing police officer was shot early this morning in an incident the Eaton County Sheriff’s Office said “appears domestic related.”

Colin Thomas Kacmarsky, 33, of Dimondale was shot at 3:10 a.m. today at his home in the 8600 block of Jacaranda Drive, police said. He was transported to a local hospital, but his condition was not available.

Sheriff’s deputies arrested a 25-year-old woman who also lives at the home, police said. Officials would not identify the relationship between the two. The woman is being housed at the Eaton County Jail and will be arraigned Monday.

Eaton County officials would not say where Kacmarsky was shot or if he was shot with his own service weapon. Police are still investigating.

UPDATE: Suspect In Cop Shooting Releasedwlns.com
WLNS TV News
Posted: Sep 12, 2009 11:27 AM
http://www.wlns.com/Global/story.asp?S=11119097&nav=menu25_6

The Eaton County Sheriff's Department says the woman taken into custody in the shooting has been released without charges.


ORIGINAL STORY:
Investigators are searching for answers after a Lansing police officer is shot.

The officer was shot at his home early Saturday morning.

He is now at the hospital and officials have one person in custody.

The shooting happened in Dimondale.

The officer is 33-year-old Colin Kacmarsky.

He was shot around 3 a.m.

Detectives were at the house trying to figure out exactly what happened.

6 News talked to one woman who heard the whole thing.She says a woman was screaming and she heard a man's voice.She heard one loud scream and then a pop.

The sheriff says the shooting isn't related to Kacmarsky's work.

In fact, they say the suspect - a 25-year-old woman - lives with him at the home.

And while detectives think they know who did it, they still don't know why.

Sheriff Mike Raines Eaton County: "I don't know if it was an accident, self-defense, or intentional. We don't know that 'til we talk to the victim and sort the whole thing out."

Kacmarsky's condition is stable and he is expected to survive.

Lansing Police won't comment on the situation because the Eaton County Sheriff's Department is handling the investigation.

09032009 - Officer Thomas Carey - Grand Haven PD

Officer Thomas Carey mugshot. Carey was arrested September 03, 2009 on charges of gross indecency between a male and female, a five-year felony or $2,500 fine; and misconduct in office, a five-year felony and/or $10,000 fine. It would later be disclosed that Officer Carey had taken sexual advantage of at least two vulnerable females...one which was a three year sexual "relationship".

According to one of Thomas Carey's victims: "She felt obligated, she told police, to give him what he wanted: Oral sex -- up to a dozen times during the course of 14 months, almost always while he was in uniform and with a gun on his belt...Each incident "was pretty much the same," lasting 15 to 20 minutes, and "when he was done, he would leave," the woman told police. He never used force or threatened her, she said...He called her "his girl," and told her, "You want it, don't you?" she told police. "

”Carey faced a maximum of 11 years behind bars …He admitted to affairs with two women…getting the women to perform oral sex on him…These women were not vulnerable according to the letter of the law, but they did have psychological issues….Carey will spend 60 days in jail, be on probation for two years, and do 150 hours of community service… Carey will not be put on the sex offender registry. ..Carey was a decorated officer and a volunteer….There was criticism of Carey receiving preferential treatment…None of the victims spoke in court.” [FOX 17 News. 11/02/09]

"...one of his victims says she can't understand why his name won't appear on the state's sex offender registry. She thinks Thomas Carey belongs there to warn other women..."

It appears that not only were these women victimized by Officer Thomas Carey...but that they were also victimized and taken advantage of by our criminal justice system.










OFFENDER: OFFICER THOMAS CAREY [GRAND HAVEN PD]
http://michiganoidv.blogspot.com/2009/10/oidv-offender-update-thomas-carey.html

Carey was arrested September 03, 2009 on charges of gross indecency between a male and female, a five-year felony or $2,500 fine; and misconduct in office, a five-year felony and/or $10,000 fine. It would later be disclosed that Officer Carey had taken sexual advantage of at least two vulnerable females...one which was a three year sexual "relationship".
http://michiganoidv.blogspot.com/2009/09/officer-thomas-carey-grand-haven-pd.html




ORIGINAL CHARGES: gross indecency between a male and female; and misconduct in office.


MDOC Number: 742435


MDOC STATUS:
Current Status: Probationer
Location: Ottawa/Grand Haven/Prob/Par
Supervision Begin Date: 11/02/2009
Supervision Discharge Date: 11/02/2011




PROBATION SENTENCES
ACTIVE


Sentence 1
Offense: Common Law Offenses
MCL#: 750.505C
Court File#: 0933918-FH
County: Ottawa
Conviction Type: Nolo Contendere
Minimum Sentence:
Maximum Sentence: 2 years 0 months
Date of Offense: 09/03/2009
Date of Sentence: 11/02/2009




Sentence 2
Offense: Gross Indecency Between Male & Female - Committing/Procuring
MCL#: 750.338B
Court File#: 0933918-FH
County: Ottawa
Conviction Type: Nolo Contendere
Minimum Sentence:
Maximum Sentence: 2 years 0 months
Date of Offense: 09/03/2009
Date of Sentence: 11/02/2009


SUPERVISION CONDITIONS
01 - No violations of any criminal law
02 - Not leave state without permission
03 - Monthly reporting
03.3 - Apply to Mental Health Treatment Program
03.10 - Community Service
04 - Notify of change of residence
04.2 - Not change residence
04.16 - Must obey Court Orders
04.18 - Behavior
04.19 - Association
04.20 - Not own or possess weapons
04.21 - Contact field agent
04.23 - Allow Field Agent into your residence
04.24 - Authorize a search if Field Agent has cause
04.25 - Report any arrest or police contact
06.4 - Maintain employment of at least 30 hours per week
08.0 - Serve jail time as described
08.2 - Pay a Crime Victim's Assessment
08.3 - Pay Supervision Fee pursuant to PA 185 of 1993
08.11 - Assignment of wages until ordered assessments are paid
08.18 - State Costs


































Former officer sentenced to 60 days
November 03, 2009 8:32 AM
http://www.wwmt.com/articles/officer-1368888-sentenced-grand.html

GRAND HAVEN, Mich. (NEWSCHANNEL 3) - He was a respected public safety officer, once celebrated as Officer of the Year. Tuesday he's serving his jail sentence.


Former Grand Haven Officer Thomas Carey was accused of coercing women into sexual acts while he was on duty. He pleaded no contest to gross indecency and misconduct and Monday a judge sentenced him to 60 days in jail.


Thomas Carey didn't contest the charges against him and his attorney was trying to ensure he wouldn't be considered a sex offender.
The prosecutor wanted a felony conviction to block him from being an officer.

Both sides got their wish Monday as Carey is headed to jail.


Minutes before the former Grand Haven Police Officer of the Year was about to be sent to jail Thomas Carey had a moment to say a few words.


"I apologize to my victims, my family, my profession and my community," said Carey.

Former Officer Carey was a well-regarded policeman in Grand Haven for years until allegations surfaced he was having sex with two woman while he was on the job as a police officer and had a gun and badge during the acts.


Prosecutors say both relationships were extended consensual relationships and that he used his position to create the relationship and picked on two victims that were vulnerable.
"I wasn't convinced nor the number of people that reviewed this in my office that we could prove that this was not consensual beyond a reasonable doubt," said Kent County Prosecutor Bill Forsyth.


Kent County's prosecutor did the investigation for Ottawa County to avoid a conflict of interest and found two charges, gross indecency and misconduct in office. Carey pleaded no contest to the charges and will spend two months in jail. He'll lose his police certification.


"I wanted to get a conviction on his record to at least showed some kind of inappropriate sex act," said Forsyth.


Because prosecutors say the sex was consensual Carey won't be in sex offender registry and his attorney says he's certainly not a predator.


"I will continue to work on issues in my life that have caused me to make some wrong choices in my life. Thank you," said Carey.


The prosecutor says one of the two relationships the officer was involved in went on for three years in a consensual way.
Carey will also have to do community service and is on probation for two more years.












Prosecutors in Grand Haven cop sex case wanted to keep suspect from wearing a badge againBy John Tunison The Grand Rapids Press
November 02, 2009, 4:44PM
http://www.mlive.com/news/grand-rapids/index.ssf/2009/11/prosecutors_in_grand_haven_cop.html

GRAND HAVEN -- Prosecutors agreed to a plea deal with former Grand Haven Public Safety Officer Tom Carey -- accused of using his position to get sex from two women -- because they were not convinced a jury would convict him of sexual assault charges.


Carey went to jail Monday for a 60-day term, but he will not appear on the state's sex offender registry.


"One of the relationships went on for three years. The victim never said anything," Kent County Prosecutor William Forsyth said, explaining why he cut a deal. "The other relationship went on for a year. That's pretty tough to convince people it was not consensual."

Jon M. Brouwer The Grand Rapids Press.

Former Grand Haven Public Safety Officer Tom Carey, center, looks around the courtroom in Ottawa County Circuit Court Monday morning, as he awaits his sentencing.Carey, as a horde of television cameras focused on him in an Ottawa County courtroom filled mostly with his friends and family, apologized in a short statement before Judge Calvin Bosman sentenced him on charges of gross indecency and misconduct in office.




"I apologize to the victims, my family, my profession and my community," he said.


"I will continue to work on issues in life that have caused me to make wrong choices."


Outside the courtroom, Carey's attorney, Charles Rominger, said his client was "remorseful, humiliated and embarrassed," but is working to get his life back on track.


Carey resigned in August after the allegations of misconduct surfaced, stretching back to 2005. Police and prosecutors alleged Carey received oral sex from the women while on duty and in uniform.


Forsyth, who prosecuted the case because of possible conflicts of interest for Ottawa County prosecutors, was chiefly concerned with making sure Carey could never again work as a police officer. Carey lost his police certification with the two convictions.


"My concern all along is if we went to trial and lost, some arbitrator might give him his job back," he said.


Forsyth said he believed Carey "dishonored his job and dishonored the other officers. A lot of this happened while he was on duty. He disgraced his uniform and the profession."


The two victims had "issues" which made them more susceptible than other people, Forsyth said.


As part of his sentence, Carey also was placed on two years of probation and must complete 150 hours of community service. Ottawa County Undersheriff Greg Steigenga said the jail term will be completed at the Kent County Jail to avoid any possible conflicts or problems at the Ottawa County Jail.


Outside the courthouse, Carey's family declined to comment.


The judge said he considered the numerous letters of support sent to him on Carey's behalf in the sentencing, but said police officers are held to a higher standard.


Among the letters were those from Carey's wife, stepsons, parents and a counselor.


Carey spent time at Forest View Hospital for "evaluation and treatment" after his arrest and continues to get counseling, his attorney said.


"The defendant is working openly with his wife and she is supportive," Rominger wrote in a report.














Officer charged; victims claim oral sexHe pleaded no contest to chargesUpdated: Monday, 02 Nov 2009, 8:56 AM EST
Published : Thursday, 03 Sep 2009, 4:12 PM EDT
http://www.woodtv.com/dpp/news/local/ottawa_county/Grand_Haven_officer_identified_charged

GRAND HAVEN, Mich. (WOOD) - A former Grand Haven Department of Public Safety officer is accused of taking advantage of two women who performed oral sex on him while he was investigating their separate claims.


Thomas Carey pleaded no contest Thursday to charges of misconduct in office and gross indecency between a male and a female. He was released on a $5,000 personal recognizance bond after his arraignment. He says he pleaded to avoid a civil lawsuit.


The alleged incidents occurred at the victims' houses, between March 2005 and February 2009.
According to Carey's pretrial transcripts, each woman called police to file complaints about unrelated, separate incidents involving them. Each time, they requested an officer to come investigate. Each time, Carey was that officer.


Carey went to both scenes and, according to a judge, "under the pretense of furthering those investigations and showing care and concern and while dressed as a police officer...did engage both women at different times in sexual activity...where the women would perform oral sex upon Mr. Carey."


The sexual acts occurred at the victims' houses but in view of the public, according to the transcripts.


After these alleged incidents came to light, Carey's resignation was announced Aug. 25.


The charges were filed by prosecutors in Kent County, who are handling the case to avoid any conflict of interest.


Grand Haven Public Safety Chief Dennis Edwards said in a statement Thursday he is "deeply disturbed" by the allegations.


One of the victims, a 67-year-old Grand Haven resident, declined to discuss details but told 24 hour News 8 on Friday that "fear can make you do things. (It) can paralyze you. I'm not incompetent. I'm not stupid."


She also said she was having a very difficult time emotionally and that she feels very badly for the Carey's wife.


Carey had to give up his police certification and could serve up to five years in prison when he is sentenced on Nov. 2.

Carey Sentence: 60 days
Former Grand Haven Public Safety Officer Sentenced for MisconductCarl Apple News Reporter
November 2, 2009
http://www.fox17online.com/news/fox17-grand-haven-public-safety-officer,0,7827977.story

GRAND HAVEN - He used his uniform to get sex acts from women he swore to protect and Monday a judge sentenced former Grand Haven Public Safety Officer Tom Carey to 60 days in jail.


In court, Carey apologized to the community.


Carey faced a maximum of 11 years behind bars but struck a plea deal months ago.


The former officer resigned back in August. He admitted to affairs with two women in Grand Haven, one age 43, one 67.


One of the relationships lasted several years.
He built their trust, getting the women to perform oral sex on him.


Carey told the judge he accepts the responsibility of what he's done.


"I apologize to the victims, my family, my profession, and my community," said Carey. "I will continue to work on issues in my life that caused me to make some wrong choices in my life."


The prosecutor says the sex was consensual. These women were not vulnerable according to the letter of the law, but they did have psychological issues.
"The offense that you committed is because you wore a uniform, you were a police officer," said Judge Calvin Bosman.


Carey will spend 60 days in jail, be on probation for two years, and do 150 hours of community service.


Prosecutor William Forsyth, brought in from Kent County, said he thought about pinning Carey with more severe charges, but he didn't want to risk losing a jury trial.


Part of that means Carey will not be put on the sex offender registry. But he'll also never be allowed to serve and protect.


"First and foremost in my mind," said Forsyth. "I wanted to make sure he wasn't a police officer again."


One element that may have played a role in Carey's sentencing is mentioned in the sentencing memorandum: the "personal loss and tragedy" felt by Carey after the death of his partner Scott Flahive 15 years ago that still follows him around like a "shadow and spectre."


Carey was a decorated officer and a volunteer..


There was criticism of Carey receiving preferential treatment.

He was brought into court last month at the end of the day, charged, and allowed to plea in one day.
"Call it what you want, I don't practice law in this county," said Forsyth. "I don't want to make three or four trips over here if I don't have to. We agreed to what the plea was going to be ahead of time, unlike Kent County, you can't walk into the arraignment and plead guilty."


Forsyth said that's normal when a special prosecutor is brought in.


None of the victims spoke in court.

Former GHDPS officer gets probation, jail, community service in misconduct caseMon, Nov 2, 2009
BY BRIAN KEILEN
bkeilen@grandhaventribune.com
http://www.grandhaventribune.com/paid/295794554761200.bsp

A former Grand Haven police officer was sentenced to a combination of probation, jailtime, community service and fines this morning for using his position for oral sex.


Thomas Carey, the former K-9 officer for the Grand Haven Department of Public Safety, was sentenced to serve 60 days in jail, with one day credited for time served, 24 months probation, 150 hours of community service, and was ordered to pay $645 in fines in 20th Circuit Court.


Carey, 46, a 20-year veteran of the Department of Public Safety, pleaded no contest to one count of gross indecency between male and female, and one count of misconduct in office — both five-year felonies — in Ottawa County's 58th District Court on Sept. 3.
The charges followed an investigation by the Michigan State Police that was conducted in late May and early June. According to Grand Haven Public Safety Director Dennis Edwards, he requested the investigation after a member of the community brought the allegations against Carey.


The case was then transferred to the Kent County Prosecutor's office to avoid a potential conflict of interest.


Court documents later revealed that Carey had used his position as an officer to receive oral sex from two women over a period of several years.
According to the 20th Circuit Court transcript for Tom Carey's plea proceeding before Judge Calvin Bosman, the acts occurred while Carey was investigating certain complaints by the two women, and were performed "under the pretense of furthering those investigations, and showing care and concern, and while dressed as a police officer and holding himself to be a police officer."


Carey resigned from the Department of Public Safety in mid-August after the allegations against him were first brought to light.












Former GH officer to be sentenced MondayWZZM 13 ONLINE
Updated:10/31/2009 3:39:19 PM
Posted: 10/31/2009 3:38:27 PM
http://www.wzzm13.com/news/story.aspx?storyid=115272&catid=14

BY BRIAN KEILEN, bkeilen@grandhaventribune.com) - Former Grand Haven public safety Officer Tom Carey will be sentenced on two felony counts on Monday in Ottawa County 20th Circuit Court.


Carey, 46, pleaded no contest to one count of gross indecency between male and female, and one count of misconduct in office - both five-year felonies - in September.
The charges against Carey came after an investigation by State Police. The investigation was conducted at the request of Grand Haven Department of Public Safety Director Dennis Edwards after a member of the community brought allegations against Carey.


It was later revealed through court documents that Carey used his position as a police officer to receive oral sex from two women over a period of several years.

The State Police investigation began early this past summer.


Carey, a 20-year veteran of the Grand Haven department, resigned in August after the allegations against him surfaced.


Carey served as the department's K-9 officer for a number of years. He was honored as the department's Officer of the Year in 1999. He was also known as a supporter of the Michigan Special Olympics and helped organize a golf outing for slain GHDPS Officer Scott Flahive.

GH cop won't be on sex offender list
Thomas Carey to be sentenced Nov. 2Updated: Thursday, 29 Oct 2009, 11:31 PM EDT
Published : Thursday, 29 Oct 2009, 10:08 PM EDT
· By Ken Kolker
http://www.woodtv.com/dpp/news/local/ottawa_county/GH_cop_wont_be_on_sex_offender_list

GRAND HAVEN, Mich. (WOOD) - A former Grand Haven police officer lost his job and could lose his freedom for his on-duty sexual encounters, but one of his victims says she can't understand why his name won't appear on the state's sex offender registry.

Carey pleaded no contest to misconduct in office and gross indecency, the same kind of charge two consenting adults would face for having sex in public.First-degree sexual assault carries a maximum sentence of life in prison; the most he can get now is 5 years.

Rominger said the officer agreed to gross indecency because it's not among the charges that land people on the sex offender list.
The 43-year-old victim said Carey first targeted her in early 2008, when she called police to report a suspicious person. Officer Carey -- the city's K-9 handler -- responded.


"I'd seen this cop before," she told 24 Hour News 8. "I've had other incidents and he was, you know, I could tell he had a crush on me, you know, that he liked me."


She had been diagnosed with mental health problems -- major depression, a dependent personality -- and other health issues, including insulin dependent diabetes, state police records show.


The officer was especially nice, the woman told police. He hugged her, told her a shower would make her feel better.


An hour or so later, he returned, providing more comfort, she said.

"He was holding me, rubbing my back," she said.


Then, the visits became regular -- Carey tapping on her window late at night, within view of the Grand Haven police headquarters.

Once, he appeared suddenly, in uniform, in her bedroom at 2 or 3 a.m, standing in the dark, she told police.
She couldn't undertand why his bosses didn't know.


"It's evident, I mean he come knocking on my bedroom window at 1 o'clock in the morning," she said. "I mean, how can you hide, you know, a police officer, you know, in his uniform, dressed, banging on someone's bedroom window?"


She felt obligated, she told police, to give him what he wanted: Oral sex -- up to a dozen times during the course of 14 months, almost always while he was in uniform and with a gun on his belt.
Each incident "was pretty much the same," lasting 15 to 20 minutes, and "when he was done, he would leave," the woman told police. He never used force or threatened her, she said.


He called her "his girl," and told her, "You want it, don't you?" she told police.

"When asked why she didn't resist or say no, (her) response was she felt she had to and that he was a figure of authority, a police officer," wrote the state police detective who interviewed the woman.


"He has a gun," the woman told 24 Hour News 8. "I asked him one time: What would happen if his gun was to go off? I said, then you've got some explaining to do."

The victim kept the secret until March 2009, when she told her psychiatrist and her Ottawa County Mental Health caseworker, reports show. The allegations reached Grand Haven Public Safety Chief Dennis Edwards, who asked state police to investigate.


"I blame myself," the woman said. "I mean, I could have said no, but what do you say? He's a cop."


Carey denied the allegations when he met with a state police sergeant on June 4 at the Grand Haven Municipal Marina. The frequent visits with the woman, he said, were good public relations.
State police interviewed neighbors, who thought the officer's frequent visits were to check on the woman.


They also searched Carey's police locker and his Grand Haven Township home. It appears they found no evidence of sexual assault. Among the evidence they sought: Green or blue men's bikini underwear described by the victim.


But it was another detail the victim described -- a blue, oval tattoo -- that convinced state police she wasn't making it up.

State police got a search warrant for Carey's body. And, there it was -- a tattoo.










3rd woman alleges Grand Haven cop sex
Incident happened in 2004Updated: Tuesday, 22 Sep 2009, 2:14 PM EDT
Published : Tuesday, 22 Sep 2009, 10:55 AM EDT
http://www.woodtv.com/dpp/news/local/ottawa_county/3rd_woman_alleges_Grand_Haven_cop_sex

GRAND HAVEN, Mich. (WOOD) - A third woman has come forward in a case of sexual misconduct against a former Grand Haven Public Safety officer.


On September 3, Thomas Carey pleaded no contest to charges of misconduct in office and gross indecency between a male and a female and was released on a $5,000 personal recognizance bond after his arraignment. Carey said he pleaded to avoid a civil lawsuit.


In this alleged incident, the woman said Carey, at the time a uniformed officer, used influence to have sex with her in 2004. She made a complaint to the Grand Haven police after seeing the other incidents reported on television.


A Michigan State Police spokesperson told 24 Hour News 8 this incident was forwarded to the Kent County prosecutor to determine if charges are warranted. The prosecutor previously said in court Carey's plea agreement only applied to the two women in the original case.
The Kent County prosecutor is handling this case to avoid any conflict of interest in Ottawa County.


24 Hour News 8 will continue to follow this story.










Transcripts: Former officer used women for sexual favorsSat, Sep 5, 2009
BY BRIAN KEILEN
bkeilen@grandhaventribune.com
http://www.grandhaventribune.com/paid/307137866534730.bsp

A former Grand Haven Department of Public Safety officer who was arrested and charged with two felonies Thursday used his position to receive oral sex from two women over a period of several years, court documents show.

According to the 20th Circuit Court transcript for Tom Carey's plea proceeding before Judge Calvin Bosman, the acts occurred while Carey was investigating certain complaints by the two women, and were performed "under the pretense of furthering those investigations, and showing care and concern, and while dressed as a police officer and holding himself to be a police officer."


The transcripts also note that the acts took place "in locations where it is possible that an unsuspecting public could be exposed to view the act" between March 1, 2005, and Feb. 29, 2009.
Carey, 46, pleaded no contest to one count of gross indecency between male and female, and one count of misconduct in office — both five-year felonies. His sentencing has been scheduled for Nov. 2.


According to the transcripts, a plea deal was reached where no more charges will be brought against Carey in exchange for the plea.Carey also agreed to surrender his certification as a police officer. The 20-year veteran of the Grand Haven Department of Public Safety resigned from his job in mid-August.


No further charges would be brought in respect to the two victims, according to the court transcripts, but could be brought if other victims came forward. However, Kent County Prosecuting Attorney William Forsyth said in the court hearing Thursday that he was not aware of any other victims.














Attorney: Grand Haven Public Safety Officer Thomas Carey took advantage of 'vulnerable' womanBy Lee Lupo The Muskegon Chronicle
September 04, 2009, 4:31PM
http://www.mlive.com/news/muskegon/index.ssf/2009/09/attorney_grand_haven_public_sa.html

GRAND HAVEN -- One of two women connected to allegations of misconduct by former Grand Haven Public Safety Officer Thomas M. Carey says she was forced to perform sex acts on him while he was on duty, according to her attorney.


Ottawa County 20th Circuit Court records indicate two women are involved in the alleged misconduct that occurred some time between March 1, 2005, and Feb. 28.

Muskegon attorney David P. Shafer said his client -- whom he says was a victim of domestic violence and who suffers from a "precarious" medical condition -- is in the process of exploring her legal options against 46-year-old Carey.
Carey -- who resigned in August after allegations of misconduct surfaced -- has been charged with two five-year felonies, including one count of gross indecency between male and female, and one count of misconduct in office.


Carey entered a no contest plea on Thursday to both charges in Ottawa County 20th Circuit Court and is scheduled to be sentenced Nov. 2.


The court documents indicate that Carey, while on duty "investigating certain complaints" by two women, "did engage both women at different times in sexual activity, more specifically, where the women would perform oral sex upon Mr. Carey...in the city of Grand Haven and in locations where it is possible that an unsuspecting public could be exposed to view the act."
The documents indicate Carey engaged in the alleged sexual activity "under the pretense of furthering those investigations and showing care and concern and while dressed as a police officer."


Shafer said, according to his client, Carey abused his power as a police officer.


"Mr. Carey utilized his authority as a law enforcement officer to coerce and force my client into committing numerous sexual acts on him both when he was on duty and off duty," he said. "The majority of the time he was on duty, serving as a public safety officer, protecting the citizens of Grand Haven."


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A Grand Rapids-based attorney representing Carey, Charles Rominger, said allegations made by Shafer's client are false.
"It's categorically untrue," Rominger said. "He didn't force anyone to do anything."

Shafer said the incidents involving his client were reported to authorities a few months ago.


Carey "was called to her house on more than one occasion because of her medical condition and because she was a victim of domestic violence. Once he realized she was a vulnerable person, he took advantage of her," Shafer said.


"I think it's absolutely disgusting that a person we entrust with protecting human lives goes out and takes advantage of the most vulnerable."


It is too soon to say whether the woman will sue Carey, Shafer said.










Former Grand Haven Officer Arrested And ArraignedCarey Is Charged With Felony Misconduct And Sex CountsCarl Gustin FOX 17 Weekend Assignment Editor
September 3, 2009
http://www.fox17online.com/news/fox17-former-grand-haven-officer-arrested-and-,0,3755488.story

The Kent County Prosecutor's Office issued a two-count warrant Wednesday for Thomas M. Carey, 46.

Carey was arrested Thursday and arraigned in 58th District Court in Grand Haven on charges of 1) gross indecency between a male and a female and 2) misconduct in office.

Edwards wanted to ensure the public that any alleged illegal act by an officer will always be investigated promptly and thoroughly.


"Our response to calls for service to the residents of, and visitors to the city of Grand Haven will continue to meet the highest standards possible," said Edwards.












Ex-GHDPS Officer Thomas Carey arrestedThu, Sep 3, 2009
http://www.grandhaventribune.com/paid/295336767542586.bsp

A Grand Haven Department of Public Safety officer was arrested Thursday.


The State Police said in a press release that Thomas M. Carey, 46, was arrested and arraigned in Ottawa County 58th District Court in Grand Haven on Thursday after an extensive investigation. He was charged with gross indecency between a male and female, a five-year felony or $2,500 fine; and misconduct in office, a five-year felony and/or $10,000 fine.

GHDPS Director Dennis Edwards requested the State Police conduct the investigation after learning of allegations of misconduct on the part of one of his employees.


Lt. Curt Schram of the Michigan State Police said the investigation began in late May or early June.


Ottawa County Prosecutor Ron Frantz referred the case to an outside prosecutor for review in order to avoid any conflict of interest issues. The results of the State Police investigation were turned over to the Kent County prosecutor for review.


The Kent County prosecutor's office issued a two-count warrant on Wednesday.


Carey was an employee of the Grand Haven department for 20 years. Edwards announced Aug. 25 that Carey had resigned from his job in the wake of the investigation.

The first is a felony punishable by up to five years in prison or a $2,500 fine while the second is a felony punishable by up to five years in prison and/or a $10,000 fine.


The Ottawa County Prosecutor's Office requested that the case be referred to an outside prosecutor for review to avoid any conflict of interest issues. The results of the investigation then were turned over to the Kent County Prosecutor's Office for review.


Grand Haven Public Safety Director Chief Dennis S. Edwards received information earlier Thursday from Detective First Lieutenant Curt Schram of the Michigan State Police, who the department asked to investigate allegations of misconduct by Carey. Schram informed Edwards that Carey had been arrested and arraigned.


Edwards said he was deeply disturbed by the investigation of alleged misconduct by a member of the Grand Haven Department of Public Safety. He said an illegal act by a Public Safety Officer reflects only on the integrity of that individual and not that of the organization as a whole.

She thinks Thomas Carey belongs there to warn other women.
"He's just a sick person that takes advantage of women that can't help themselves," the woman told 24 Hour News 8.


Carey, 47, a 20-year veteran and one-time Grand Haven Officer of the Year, could face up to five years in prison when sentenced on Nov. 2 in Ottawa County.


But it was a deal worked out between Carey's attorney, Charles Rominger, and Kent County Prosecutor William Forsyth that will keep him from the sex offender registry.
Rominger said his client, who is married, is not a predator and doesn't belong on the list.


"I think it does a disservice to characterize this as a renegade police officer who was using his badge and authority to obtain sexual favors from non-consenting adult women," Rominger said.
That's not how state police saw it -- at least originally.


They investigated the case as first-degree sexual assault involving two vulnerable women -- ages 43 and 67 -- and an officer abusing his authority for sex, according to state police reports obtained by 24 Hour News 8 through the Freedom of Information Act.
The reports provide new details on the investigation -- and raise new questions.

08192009 - Former Deputy John Yeska Jr - Saginaw County SD

Former Sheriff Deputy John Yeska Jr.

Original Charges: Original charges: single counts of first-degree criminal sexual conduct causing injury, second-degree criminal sexual conduct causing injury and assault with intent to commit sexual penetration.

Sentence: Plea bargain. Pled no contest to gross indecency between a male and a female [a five year felony]. NOT REQUIRED TO REGISTER WITH THE MICHIGAN SEX OFFENDER REGISTRY. Sentenced to 270 days in jail; 90 days on electronic monitoring and five years on probation.


SEE ALSO:
DEPUTY JOHN YESKA JR. [SAGINAW COUNTY SHERIFF DEPARTMENT] Resigned from the Sheriff Department in January 2003, amid allegations that he had fondled a woman while on duty.
http://michiganoidv.blogspot.com/2003/01/deputy-john-yeska-jr-saginaw-county-sd.html









Former Saginaw County Sheriff's deputy charged with CSC in Bay County
Published: Tuesday, October 05, 2010, 6:00 PM
Updated: Wednesday, October 06, 2010, 9:01 AM
By LaNia Coleman
The Bay City Times
http://www.mlive.com/news/bay-city/index.ssf/2010/10/former_saginaw_county_sheriffs.html

BAY CITY — A former Saginaw County Sheriff’s deputy who resigned in 2003 after being accused of sexual assault now faces similar charges in Bay County.

John T. Yeska, Jr., 40, of Saginaw Township, was charged with first-degree criminal sexual conduct causing injury, second-degree criminal sexual conduct causing personal injury, and assault with intent to commit sexual penetration.

First-degree conduct involves penetration. Second-degree involves touching.

The charges stem from an incident that allegedly occurred Aug. 19, 2009, in Hampton Township, according to court documents.

Records indicate Yeska met the alleged victim on the Internet.

On the night of the alleged assault, Yeska and the woman met face-to-face for the first time, court records show.

They reportedly went to a Bay City restaurant before returning to her home and engaging in what Yeska alleges was a sexual encounter of mutual consent, records show.

At a May preliminary hearing, Bridgeport attorney Debra S. Kauten, who is representing Yeska, questioned the victim about her mental health.

The case is scheduled to go to trial Tuesday, Oct. 26, before Bay County Circuit Judge Kenneth W. Schmidt.

Yeska was a seven-year veteran of the Saginaw County Sheriff’s Department when, in January 2003, he resigned amid an investigation of allegations he fondled a woman in his patrol car, Bay City Times records show.

The incident allegedly occurred at Pine Grove Park in Shiawassee County, where Yeska allegedly took the woman after a traffic stop in Oakley, records show.

Sheriff’s deputies investigated the complaint but Prosecutor Michael D. Thomas denied a warrant request, citing insufficient evidence, according to Times archives.

Thomas said the case did not meet the prosecutor’s “threshold for issuing criminal charges.”

Neither Yeska nor his attorney could be reached

 
 
 
Saginaw deputy once accused of sex crime faces new charges
Posted: Thursday, October 7, 2010 10:02 am
By The Argus-Press
http://argus-press.com/news/community/chesaning/article_a197edbe-d21b-11df-9349-001cc4c03286.html

BAY CITY — A former Saginaw County sheriff’s deputy who resigned after being accused of fondling a woman in a Shiawassee County park is facing similar charges in Bay City.

John T. Yeska Jr., 40, is charged with one count of first-degree criminal sexual conduct causing injury, one count of second-degree CSC causing injury and one with assault with intent to commit sexual penetration, stemming from an Aug. 19 incident in Hampton Township.


 
 
 
 
 
 
 

Trial or plea awaits former Saginaw County Sheriff's deputy charged with sexual assault in Bay County
Published: Saturday, October 30, 2010, 3:30 PM
By Cole Waterman
The Bay City Times
http://www.mlive.com/news/bay-city/index.ssf/2010/10/trial_or_plea_awaits_former_sa.html

BAY CITY — A former Saginaw County Sheriff’s deputy facing felony sexual assault charges in Bay County is scheduled to either enter into a plea deal or face jury trial Tuesday.

John T. Yeska Jr., 40, of Saginaw Township, is charged with single counts of first-degree criminal sexual conduct causing injury, second-degree criminal sexual conduct causing injury and assault with intent to commit sexual penetration, court records show.

Tuesday, he is slated to appear before Bay County Circuit Judge Kenneth W. Schmidt. If he does not accept a plea offer at that time, his case is likely to proceed to trial, court records indicate.

The charges against Yeska stem from an incident that occurred Aug. 19, 2009, in Hampton Township. On that night, Yeska met face-to-face with a local woman he allegedly first met on the Internet, court records show.

The two apparently went on a date at a Bay City restaurant then went to her home and engaged in a sexual encounter. Yeska has claimed the incident was mutually consensual, court records show.

In January 2003, after seven years of service, Yeska resigned from the Saginaw County Sheriff’s Department amid allegations he fondled a woman in his patrol car, Bay City Times archives show.












Former Saginaw County Sheriff's deputy facing sexual assault charges in Bay County accepts plea deal
Published: Tuesday, November 02, 2010, 10:00 AM
By Cole Waterman
The Bay City Times
http://www.mlive.com/news/bay-city/index.ssf/2010/11/former_saginaw_county_sheriffs_1.html

John T. Yeska Jr.

BAY CITY — A former Saginaw County Sheriff’s deputy charged with several felony sex crimes in Bay County has accepted a plea offer, rather than have his case decided by a jury.

Tuesday, John T. Yeska Jr., 40, of Saginaw Township, appeared before Bay County Circuit Judge Kenneth W. Schmidt and pleaded no contest to gross indecency between a male and a female. In exchange, prosecutors agreed to dismiss single counts of first-degree criminal sexual conduct causing injury, second-degree criminal sexual conduct causing injury and assault with intent to commit sexual penetration.

A no contest plea is not an admission of guilt, but is treated as such for the purpose of sentencing.

Though the charge Yeska pleaded to is punishable by a maximum of five years in prison, prosecutors are recommending he be sentenced to statutory probation, said Bay County Assistant Prosecutor J. Dee Brooks.

Before accepting his plea, Schmidt advised Yeska the recommended sentence could still include one year in jail and five years probation.

Yeska will not be required to register with the Michigan Sex Offender Registry, as his victim was not a minor, Brooks.

The charges against Yeska stem from an incident that occurred Aug. 19, 2009, in Hampton Township. On that day, Yeska went on a date with a local woman he had met on the Internet, court records show.

The woman told Hampton Township Police officers that on the drive back to her home, Yeska allegedly forced her head into his lap. Yeska then followed her inside her home and sexually assaulted her, the woman told police.

Yeska had claimed the sexual encounter was mutually consensual, Bay City Times archives show.

In January 2003, after seven years of service, Yeska resigned from the Saginaw County Sheriff’s Department amid allegations he fondled a woman in his patrol car, Times archives show.

The incident allegedly occurred in Pine Grove Park in Shiawassee County, where Yeska reportedly took the woman after a traffic stop in Oakley, Times archives show.

Though deputies investigated the matter, Saginaw County Prosecutor Michael D. Thomas denied a warrant request, citing insufficient evidence, Times archives show.

Schmidt is slated to sentence Yeska at 8:30 a.m. on Dec. 13.












Former Saginaw County deputy sentenced for sex crime in Bay County
Published: Monday, December 13, 2010, 3:31 PM
Updated: Tuesday, December 14, 2010, 9:39 AM
By LaNia Coleman
The Bay City Times
http://www.mlive.com/news/bay-city/index.ssf/2010/12/former_saginaw_county_deputy_s.html

BAY CITY — A former Saginaw County Sheriff’s deputy is to spend time behind bars for a sex offense.

John T. Yeska Jr., who resigned as a deputy in 2003 after being accused of sexually assaulting a woman in Saginaw County, was sentenced today for a crime that occurred last year in Bay County.

Circuit Judge Kenneth W. Schmidt ordered the 40-year-old Saginaw Township man to serve 270 days in jail for gross indecency between a male and female, a five-year felony.

Yeska pleaded no contest in October. A no contest plea is not an admission of guilt but is treated as such for the purpose of sentencing.

Schmidt also ordered Yeska to serve 90 days on electronic monitoring and five years on probation, prohibited him from using a computer for social networking purposes and ordered him to complete sex offender treatment.

The judge further deferred another 90 days in jail pending further order of the court and imposed $2,600 in fines and fees.

Yeska will not have to register as a sex offender because his victim was not a minor, prosecutors have said.

Yeska was charged with first-degree criminal sexual conduct causing injury, second-degree criminal sexual conduct causing injury and assault with intent to commit sexual penetration after a Hampton Township woman reported that he had sexually assaulted her Aug. 19, 2009, at her home.

The pair had met on an Internet networking site and met for the first time that day, according to reports.

After having dinner at a Bay City restaurant, Yeska drove the woman to her home, followed her inside and forced her to have sex with him, the victim told investigators.

Yeska had claimed the sexual encounter was consensual.

In January 2003, after seven years of service, Yeska resigned from the Saginaw County Sheriff's Department amid allegations he fondled a woman in his patrol car, Bay City Times archives show.

Though deputies investigated the matter, Saginaw County Prosecutor Michael D. Thomas denied a warrant request, citing insufficient evidence.