Tuesday, November 26, 2002

11262002 - Commissioner Kurt Kramer - Macomb County

Also See:
Commissioner Kurt Kramer charged with domestic violence [ November 17, 2000]

Commissioner Kurt Kramer charged for assaulting police officer [January 2001]


  Macomb County official to undergo counseling
Detroit Free Press
December 23, 2003
BY ALEXA CAPELOTO
http://www.freep.com/news/locmac/comm23_20031223.htm

A Macomb County commissioner is to spend 30 weeks in domestic violence counseling under a plea deal stemming from a June confrontation with his girlfriend that ended in a car collision.

Roland Fraschetti, a St. Clair Shores Republican, pleaded guilty Friday to reckless driving, a 90-day misdemeanor. The charge will be reduced to careless driving, a civil infraction, if he successfully completes the counseling.

Fraschetti was accused of backing his SUV into his girlfriend's Saturn sedan with such force that it rolled onto the hood of the smaller car. The two had just argued and were in the driveway of a St. Clair Shores home owned by Fraschetti. No one was seriously injured.

"The victim didn't want me to charge him at all," said Joseph McCarthy Jr. of the St. Clair County Prosecutor's Office, which handled the case because of Fraschetti's position in Macomb County. "I told her I have to do something to make sure this doesn't happen again."

A judge will take Fraschetti's guilty plea under advisement while the commissioner attends weekly group counseling sessions run by Catholic Social Services of St. Clair County. Any failure to finish the program could result in a reckless driving conviction.

Sebastian Lucido, Fraschetti's attorney, said his client considers the deal a proper end to what essentially was a car accident. "They got into an argument and it got heated, but he never laid a finger on her," Lucido said. "The man does not have a violent bone in his body." What really happened, Lucido said, is that "she was in a car behind him and just pulled up. When he hit the car, he was at fault."

With the careless driving infraction, Fraschetti faces three points on his driving record and a $100 fine. He must also pay $750 for the counseling program, which is the same one Commissioner Kurt Kramer was ordered into after pleading no contest to assaulting his wife in June.










OFFICIAL AGREES TO COUNSELING
Detroit Free Press
December 17, 2002


December 17, 2002 •• 428 words •• ID: 0212170250. Detroit Free Press. Four days after being sworn in as a Macomb County Commissioner, Kurt Kramer appeared in court on domestic violence charges and agreed to seek counseling with his wife. His pretrial hearing Monday at 42-2 District Court in Mt. Clemens was adjourned by Judge Paul Cassidy after Kramer's lawyer said he would seek counseling with his wife, who wants to reconcile and save their marriage. Kramer, 47, was charged Nov. 27 after his wife, Russian native Lyubov Arestova, 34, told...










More Republican Family Values
05-Dec-02Republicans
http://archive.democrats.com/preview.cfm?term=Republicans

Republican Kurt Kramer, newly elected as a Macomb County MI commissioner, was arrested for shoving and striking his wife and choking his 4-year-old stepson.

His wife, a native of Russia who speaks little English, said Kramer pushed and hurt her after she refused to pose for nude photographs.

When her older son tried to intervene, Kramer allegedly pushed him out of the house. Kramer also resisted arrest, being subdued only after "a struggle and much difficulty."

This splendid example of family values had been convicted in 2001 of assaulting a police officer when the officer was trying to serve him with a personal protection order on behalf of Kramer's previous wife. The chairwoman of the Macomb Republican Party responded to the arrest by suggesting that Kramer get professional counseling.









Man to take county post despite charges
Commissioner-elect is facing 2 abuse counts
December 5, 2002
BY MARY OWEN AND NANCY
DETROIT FREE PRESS
http://www.freep.com/news/locmac/kramer5_20021205.htm

A newly elected Macomb County commissioner will face a judge on domestic violence charges days after he is sworn into office.

Kurt Kramer, 47, was charged Nov. 27 with two counts of domestic violence and released the next day on $300 bond. His pretrial hearing is scheduled for Dec. 16 in 42-2 District Court, which is temporarily located in Mt. Clemens.


His wife, Russia native Lyubov Arestova, 34, told police that her husband attacked her Nov. 26 after she refused to take off her clothes and pose for nude photographs, according to police documents.

One of his previous wives, Oxana Kramer, a Ukrainian mail-order bride, obtained a personal protection order against him almost two years ago, said Chesterfield Township Police Lt. Dave Marker. Kramer has been married four times.

While being charged with a misdemeanor doesn't prevent a commissioner from serving on the board under county rules, some of Kramer's future colleagues are wary of the bad publicity that follows such allegations.

"People have a negative enough image of politics without having this happen," said Commissioner Diana Kolakowski of Sterling Heights. "It doesn't exactly support the family values platform."

But Commissioner Mike Sessa of Harrison Township, who bailed Kramer out of jail, said people are unfairly assuming that Kramer is guilty. He noted that Kramer is the sole caregiver of his 80-year-old father. "I can't understand why this would happen to him," said Sessa, who has known Kramer for four years. "I would give him the benefit of the doubt."

Kramer of New Baltimore said he plans to attend the Dec. 12 swearing-in ceremony and take his seat Jan.1. He said his personal life will not interfere with his commission duties.

He listed his job priorities as road improvements and finding a permanent location for the 42-2 District Court, temporarily housed in the county jail. "Give me a chance to prove myself," Kramer said. "I plan to do what they elected me to do."

Kramer, an Air Force reservist, said he and Arestova were the perfect couple during his successful bid for Macomb County's 14th District, which includes Chesterfield Township, Lenox Township, New Baltimore and New Haven Village.

The Republican beat Democrat Wendy Iacobelli for the seat being vacated by commission Chairman John Hertel, who announced his resignation in May.

Arestova, who Kramer said has been learning English since she arrived in the United States, helped with mailings and neighborhood walks and attended victory parties, Kramer said. But soon after, Arestova became short-tempered, he said. Kramer said Wednesday that he hasn't seen his wife since the incident.

He said the trouble began when he asked if he could put some of her clothes, which smelled like cigarette smoke, in their enclosed porch because the smell was bothering him. Kramer said she stormed out of their bedroom wearing only a robe and went to her son's room where she changed and later threatened to tell police he had tried to rip her clothes off.

On Wednesday evening, Arestova said, "It's a very bad situation." She declined further comment, saying her English is bad and her social worker could better explain her side of the story.

Police were called to the scene by Arestova's 14-year-old son who said Kramer choked him, Marker said.

Kramer, a jet fueler at Selfridge Air National Guard Base, said he met Arestova through a friend when he was vacationing in Russia in June 2001. They communicated for a while before she came to the United States with her son. The couple lived together for about six months before marrying in January. Kramer believes the couple could still work things out.

Ex-wife Oxana Kramer sought a personal protection order against him in January 2001. But he assaulted a police officer who went to Kramer's house to serve the papers, according to police reports. Kramer pleaded guilty to the assault and battery charge. He served one year of probation to the misdemeanor charge.

The commission seat is Kramer's first elected post. He served briefly on the Oakland County Board of Commissioners in the early 1990s, when he lived in Oak Park. He was appointed to complete a term left vacant by a commissioner who died. Kramer lost his 1994re-election bid for the seat.












Official accused of assaulting wife
Police say Macomb commissioner-elect beat her after she refused to pose for nude pictures
11/29/02
By Gene Schabath
The Detroit News
http://www.detnews.com/2002/metro/0211/29/c02-23081.htm

CHESTERFIELD TOWNSHIP -- Newly elected Macomb County Commissioner Kurt Kramer was charged with assaulting his wife, two years after allegedly attacking his first wife.

The most recent allegation comes from his wife of 10 months, Lyubov Arestova, 34, said Chesterfield Police Detective Jim Gates.

Kramer tried to tear off his Russian-born wife's clothing and attacked her in the upstairs bedroom of their home when she refused to pose nude for photographs that he wanted to put on the Internet, Gates said.

Kramer first choked the 34-year-old woman's 14-year-old son and forced him out of the house, Gates said.

Kramer, 48, was arraigned Wednesday before 42nd District Judge Paul Cassidy of New Baltimore on two counts of domestic violence. He was released under $300 bond.

Domestic violence is a misdemeanor punishable by up to 93 days in jail.

Kramer said in an interview Thanksgiving Day that he is innocent and is confident he will be acquitted. "That is a totally ludicrous statement on my wife's part," Kramer said. "It appears to be part of a big scam. She gets married to an American citizen and then uses the domestic violence charge to fulfill whatever agenda she has. I think she wants the INS (immigration and Naturalization Service) to look favorably on her if she files the domestic abuse charge. Her status in the United States is pending. She doesn't even have a green card."

Kramer said he wanted to take the photographs of his wife because she undresses in front of her teen-age son. He claims he was attacked by his wife, but said police would not listen to his side of the story.

Kramer was elected to the county board Nov. 5 to represent District 14, which includes Chesterfield, Lenox Township and New Baltimore. The part time position pays $33,000 a year.

He said he lost his job at Kmart last year and now works part-time as a fuel specialist at Selfridge Air National Guard Base where he is also in the Air Force reserves.

He previously was arrested Nov. 17, 2000, for assaulting his first wife, also a Russian-born woman, Oxana Savina, Gates said.
She was in her late 30s, Gates said.

"This one is the same as the first one," Gates said. "Almost identical."

His first wife divorced Kramer in January 2001. He married his new wife in January of this year. Kramer said he met her in Russia while on duty as a reservist.

The first domestic abuse charge was dropped when Kramer pleaded guilty to resisting arrest. He was placed on probation for one year and fined $200. Gates said the arresting officer was attacked when he went to Kramer's house to serve him a personal protection order the first wife had obtained against him after he attacked her.

Kramer's new wife gave police two rolls of film she had shot of injuries suffered in previous attacks, Gates said.

Macomb County Board Chairman John Hertel said the county legal staff is investigating whether Kramer can be expelled from office if convicted.

"It's a sad and disturbing situation," Hertel said. Kramer replaces Hertel as the commissioner from District 14. Hertel did not run for re-election.

Kramer said he plans to be at swearing-in ceremonies for county commissioners on Dec. 12.












Recently Elected Official in Michigan Denies Domestic Violence Charge
From The Associated Press, 11/29/02
http://ap.tbo.com/ap/breaking/MGAO0W3X39D.html

CHESTERFIELD TOWNSHIP, Mich. - A recently elected county commissioner is facing domestic violence charges for allegedly shoving and striking his wife.

Kurt Kramer, 47, expected to take office in January, was arrested Tuesday and spent a night in jail before being released on a $300 bond. His next court hearing was scheduled for Dec. 16, four days after he is to be sworn in to the Macomb County Board of Commissioners.

According to police, Kramer's wife, Lyubov Arestova, said he pushed and hurt her after she allegedly refused to pose for nude photographs. He also is accused of choking a 14-year-old relative in the melee.

Kramer told the Associated Press on Thursday, "No, I didn't hit her, and no, I didn't strike her." He also denied asking her to pose nude.

Kramer has a previous assault and battery conviction for slamming a door on a police officer's arm and leg as the officer tried to serve Kramer with a personal protection order from his former wife, who alleged that he assaulted her.






Wednesday, November 20, 2002

11202002 - Officer Rhaseen Blake - OIDV Victim - Detroit PD


EX-BOYFRIEND CHARGED IN VIOLENCE
November 22, 2002 •• 441 words •• ID: 0211220507. Detroit Free PressOakland County prosecutors have charged a man who police say was shot in the thigh after he attacked his ex-girlfriend, an off-duty Detroit police officer, while she was heading to work from her Farmington Hills apartment. The warrant charges Wilson Roberts, 33, with domestic violence -- a misdemeanor. If convicted, he could face a 93-day maximum jail term. Roberts allegedly attacked Rhaseen Blake, 28, about 6:30 a.m. Wednesday as she unlocked her car in the parking lot of her



Sunday, October 6, 2002

10062002 - Midland PD Officer Darin Updike - Charged With Domestic Assault

 





Midland officer arrested for domestic violence
Midland Daily News (MI)
October 10, 2002 
A third Midland police officer in the past five months is facing disciplinary action and possible jail time.

Darin Updike, 29, a Midland Police Department patrol officer since January 2000, was arrested for assaulting his 30-year-old wife Sunday morning at their Beaverton Township home.

Updike had a blood alcohol level of 0.13 when he arrived home at 2:40 a.m. and he and his wife began to argue, reported the Gladwin County Sheriff’s Office. The argument turned into a fight resulting in minor injuries, Sgt. Ray Hartwell said.

Updike was arraigned on a domestic assault charge in Gladwin County’s District Court on Monday and could face 93 days in jail and $500 in fines if convicted. He is out of jail on bond. He is set to appear in court for a pretrial conference Nov. 5.

Two other Midland police officers were disciplined after a June 2002 incident. The incident occurred outside one of the officer’s homes when they were both off duty the morning of June 3. The officers were listed as witnesses to the arrest of a 20-year-old Midland man and were disciplined for their involvement in the incident.

Midland Police Chief James St. Louis was at an out-of-state conference when Updike was arrested. He returned this morning.

"I’m in the middle of reading the report and getting updates," St. Louis said.

Additional inquiries were directed to Dennis Morgan, assistant director of human resources for the City of Midland. Morgan said he is aware of the incident and that an internal investigation into Updike’s off-duty behavior will be conducted.

"At this point in time I haven’t spoken to Officer Updike. I think he will be in this morning," Morgan said. "Our intention is to put him on suspension with pay while completing our internal investigation."

It is standard policy to suspend an officer with pay in these types of situations, Morgan said. The investigation is expected to last two to four days, depending on witness availability.

"We hope to find out and verify what did happen," Morgan said. "We have a level of standards we expect from our officers. We expect them to perform under policies and procedures on duty and off duty."
















Midland police officer pleads guilty to disorderly conduct
Midland Daily News (MI)
January 8, 2003 
A Midland police officer pleaded guilty to disorderly conduct after an October incident in Beaverton Township.

Darin Updike is scheduled to be sentenced at 9 a.m. on Jan. 13 in Gladwin County District Court. He is represented by attorney Robert Donoghue.

According to a Gladwin County Sheriff’s Office report, Updike had a blood alcohol level of .13 percent when he arrived at his home in the early morning hours of Oct. 6. He and his wife began to argue, and the argument turned into a fight resulting in minor injuries.

Updike, who has been a patrol officer since January 2000, went back to work about a month ago, said Midland Police Chief James St. Louis. Under the Michigan Commission of Law Enforcement Standards, officers can continue to work if they are convicted of misdemeanors, but not felonies.

Updike was suspended with pay while the incident was investigated, and was disciplined appropriately, said Dennis Morgan, assistant director of human resources for the City of Midland.
















Midland police officer sentenced on lesser charge
Midland Daily News (MI)
January 15, 2003 
https://infoweb.newsbank.com/
GLADWIN COUNTY – A Midland police officer who was arrested for domestic violence in October has been sentenced.

Darin Updike, a patrol officer since January 2000, was sentenced in Gladwin County District Court on Monday after earlier pleading guilty to disturbing the peace.

Updike is to serve 12 months probation, pay $275 fines and costs, and complete 32 hours of community service within 60 days. If he meets the condition of his probation, the case will be dismissed in his file.

He was represented by Midland attorney Robert Donoghue.

Gladwin County Sheriff’s Office reports show that Updike had a blood alcohol level of .13 percent when he arrived at his home in the early morning hours of Oct. 6. He and his wife began to argue, and the argument turned into a fight resulting in minor injuries.

He was suspended with pay while the incident was investigated and was appropriately disciplined, Dennis Morgan, assistant director of human resources for the City of Midland, previously said.



Thursday, August 15, 2002

08152002 - Officer Timothy Hibbard - Samuel M. Thomas convicted for dragging Officer Hibbard w/vehicle - Jackson PD

Also See:

Officer Timothy Hibbard - Jackson PD - A family in crisis...
http://michiganoidv.blogspot.com/2014/01/officer-timothy-hibbard-jackson-pd.html

Officer Timothy Hibbard - Self-defense shooting of murderer Marshan Worthey [ August 08, 2008]
http://michiganoidv.blogspot.com/2008/08/officer-timothy-hibbard-self-defense.html

Officer Timothy Hibbard - Gerald Landrum charged w/attempted murder of Hibbard. [April 17, 2004]
http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html




Samuel M. Thomas had only 9 months left on parole for his 1999 breaking and entering conviction, when he was pulled over for a traffic stop on August 15, 2002 by Officer Timothy Hibbard. 

Thomas had no driver's license, vehicle registration, or proof of insurance.
During the traffic stop, Thomas attempted to drive off. He dragged Officer Hibbard with his vehicle several yards, at speeds up to 40 mph. At one point, Timothy attempted to 'scrape' Hibbard's body off his vehicle by driving up against a tree.

Officer Hibbard suffered a broken neck in the assault.

Thomas later stated that he had been on parole at the time, he did not want to go back to jail, and that he did not care what he did to try to get away.

At trial, Thomas made the following comment about the injury he caused to Officer Hibbard: "I was fleeing and eluding to keep from going to jail. He put his self in danger." 

Thomas was convicted of resisting arrest causing serious injury to Officer Timothy Hibbard and sentenced in December 2002, to 20 - 40 years in prison.

Thomas spent the first five years of his incarceration attempting to have his conviction overturned. 
















Appeal rejected for man who dragged cop
Jackson Citizen Patriot (MI) 
Wednesday, August 22, 2007 

Retired Circuit Judge Alexander Perlos was not known for exceeding sentencing guidelines. 

But he unloaded on Samuel M. Thomas for dragging a Jackson police officer through the street in 2002. He sent Thomas to prison for 20 to 40 years, well above the recommended four to 16 years. 

Every judge since has sided with Perlos, including a federal judge who denied Thomas' appeal on Tuesday. 

Thomas, 41, exhausted his appeals in state courts two years ago. 

Thomas was convicted of resisting arrest causing serious injury to Officer Timothy Hibbard. 

The Michigan Court of Appeals ruled Hibbard suffered a "serious impairment of bodily function" in the Aug. 15, 2002, incident, and that the sentence was fair given the circumstances. The state Supreme Court declined to hear the appeal. 

Testimony indicated Hibbard's arm was wedged in the car door as Thomas drove 80 yards down the street at 40 mph. Thomas had violated parole and attempted to flee when Hibbard pulled him over in a traffic stop. 

Hibbard returned to the force after six weeks and was injured again two years later in a scuffle with a drunken suspect who attempted to choke him. 
















Appeals fail to overturn two convictions
Jackson Citizen Patriot (MI)
Sunday, May 1, 2005

He dragged a Jackson cop through the streets, breaking his neck. 

She embezzled $1.5 million from the Jackson office of AAA of Michigan.
Both got what was coming to them, Michigan's high courts ruled this week in rejecting appeals by Samuel M. Thomas and Nancy L. Romano. 

Thomas was convicted of resisting arrest causing serious injury to Officer Timothy Hibbard. 

Circuit Judge Alexander Perlos, now retired, exceeded guidelines with a sentence of 20 to 40 years in prison. The recommended minimum range was four to 16 years. 

The Michigan Court of Appeals ruled in July that Hibbard suffered a "serious impairment of bodily function" in the Aug. 15, 2002, incident, and that the sentence was fair given the circumstances. 
Hibbard was back on the job after six weeks. 

The Supreme Court denied hearing the appeal, which means Thomas essentially has hit a brick wall with little chance of an appeal to the U.S. Supreme Court, said Jerrold Schrotenboer, chief appellate attorney for Jackson County. 

Prosecutors alleged Thomas, 39, dragged Hibbard wedged in his car door for 80 yards down the street at 40 mph. Thomas had violated parole and attempted to flee when Hibbard pulled him over in a traffic stop. 

Romano, 58, is in the second year of a 5- to 14-year prison sentence for embezzlement. She was sentenced in February 2004 after pleading guilty to charges of embezzling, uttering and publishing and forgery. 

Like Perlos, Circuit Judge Charles Nelson exceeded guidelines because he said they did not accurately reflect the magnitude of the crime. Romano, a 36-year employee of AAA, used her position as a claims adjuster to bilk the company out of $1.5 million over several years. 

Investigators said she "piggy-backed" legitimate claims checks with identical forged checks that she stole. 

She allegedly spent the money on cars, mortgages, home repairs, credit debt, trips, taxes and perks for her family. 

Officials believe she stashed a big chunk of the cash, which she denies. 

Probation officials recommended a sentence of five to 23 months. 

The Michigan Court of Appeals declined to hear Romano's appeal. 

She can appeal to the state Supreme Court. 

Judges have discretion in going under or over sentencing guidelines if their stated reasons are compelling. 
















April 26, 2005

Michigan Supreme Court denied Gerald Thomas' appeal of his conviction for his assault on Officer Timothy Hibbard.


















Court upholds judge's sentence
Jackson Citizen Patriot (MI)
Friday, July 16, 2004

A man who dragged a Jackson police officer with his car, breaking his neck, was justly convicted and sentenced fairly by a judge who exceeded guidelines, the state Court of Appeals ruled. 

Samuel M. Thomas did cause "serious impairment of body function" to Officer Timothy Hibbard in an Aug. 15, 2002, traffic stop that turned violent, the higher court concluded. 

Further, Circuit Judge Alexander Perlos did not abuse his discretion in sentencing Thomas to 20 to 40 years for resisting arrest causing serious injury to an officer. The recommended minimum range was about four to 16 years. At sentencing, Perlos called Thomas a "bad actor" with no sign of improving. 

Thomas, 38, was sentenced as a habitual offender. He blamed Hibbard's injuries on the officer, saying it was Hibbard's choice to jump in his car to attempt to stop him. Police said Thomas knew he had violated parole and fled with no regard to the officer's safety. 

Hibbard was dragged 80 yards at up to 40 mph, injuring his leg and neck. He missed two and a half months of work initially. 

A Jackson officer for six years, Hibbard recently was involved in a scuffle with a parolee who was accused of trying to choke him. 

In the appeal, Thomas argued there was no "serious impairment of a body function," and that Perlos did not have a compelling reason to exceed sentencing guidelines. The appeals court rejected both arguments. 

"The officer lost the use of that limb (left leg) almost completely for several weeks while he was on crutches and, to a more limited extent, during the several months that he was unable to return to work," the court stated. 

And, while there was no immediate nerve damage causing paralysis, "the treating physician testified there was a fifty-fifty possibility that future problems could develop as a result of the broken vertebral bone." 

The ruling, now case law, clarifies the "serious impairment" category to include a leg injury that is more long-lasting than seemingly more serious injuries. The court cited a head wound rendering someone comatose for three days with no lasting impact. 

Regarding the stiff sentence, Perlos got it right, the appeals court said. The points system in sentencing guidelines did not take into account Thomas's "complete disregard for the officer's life," nor his 34 misconduct citations in a previous prison sentence, the ruling stated. 

















July 13, 2004

Michigan Court of Appeals denied Samuel M. Thomas' appeal of his conviction for assault of Officer Timothy Hibbard.





















Incident draws stiff sentence
Jackson Citizen Patriot (MI)
Thursday, December 12, 2002

A Jackson man will spend 20 to 40 years in prison for dragging a city police officer and breaking the officer's neck in what began as a routine traffic stop. 

Samuel Thomas, 36, was sentenced Wednesday by Circuit Judge Alexander Perlos to a minimum of 20 years and a maximum of 40 years for the Aug. 15 incident in which Officer Timothy Hibbard was dragged about 80 yards at speeds of up to 40 mph. 

Thomas, a habitual offender, was convicted Nov. 6 of resisting and obstructing an officer causing serious injury. 

"I'm just glad it worked out and he won't be around to hurt society anymore," said Hibbard, who was off work until November. 

"I'm very satisfied with the sentence," Chief Assistant Prosecutor David Lady said. "It's above the guidelines and reflects the seriousness of the offense and the danger he put Officer Hibbard in." 
Perlos called the act deliberate and intentional. 

"You're just a bad actor," Perlos told Thomas before the sentence. 

"There's no question about that and you've been one for a long time and you're not getting any better." 

Thomas has been in prison since he was arrested later Aug. 15 in Detroit on a parole violation. He had been paroled in 1999 after serving eight years in prison for breaking and entering. 

Hibbard said he stopped Thomas about 12:45 a.m. because his headlights weren't on. Thomas gave him a false name and said he had no license or identification. 

When Thomas started the truck and began to move, Hibbard stuck his arm in and wedged his body in Thomas' lap before he was dragged. 

Thomas' attorney, Paul Adams, maintained his client was simply trying to avoid a night in jail. Perlos disagreed. 

Thomas said he was sorry the officer was hurt, but said it was Hibbard's choice to jump into the vehicle.
















December 11, 2002

Samuel M. Thomas was sentenced to 20 - 40 years in prison for his August 2002 assault on Officer Timothy Hibbard.



















Man convicted in cop dragging
Jackson Citizen Patriot (MI)
Thursday, November 7, 2002

Parolee could face life in prison after being found guilty in the incident in which an officer suffered a broken neck. 

A new state law protecting police officers was written for people like Samuel Thomas, local police and prosecutors say. 

Thomas, 36, was the first man in Jackson County charged with resisting and obstructing a police officer causing serious injuries, and also was the first found guilty of the law enacted July 15. 

Circuit Judge Alexander Perlos convicted Thomas on Wednesday after hearing six prosecution witnesses and Thomas, who blamed Officer Timothy Hibbard for injuries the officer sustained Aug. 15 after a routine traffic stop. 

"I was fleeing and eluding to keep from going to jail," Thomas testified. "He put his self in danger." 

Defense attorney Paul Adams, too, questioned why Hibbard reached into Thomas' Chevrolet S-10 pickup in an attempt to turn off the ignition on Adrian Street. 

"I can't imagine getting into a vehicle that is attempting to flee and elude," Adams said in his summation in the bench trial. 

Perlos didn't buy Thomas' explanation, saying he thought it interesting Thomas would blame the incident on Hibbard. 

"The officer should be commended because that was his duty," Perlos remarked. It is his job to nab fleeing subjects, and reaching in a vehicle for the ignition was Hibbard's discretion, Perlos said. 

While resisting and obstructing is a felony that carries a five-year prison sentence, adding serious injury boosts the maximum sentence by 10 years. Because Thomas is a habitual offender, he could be sentenced to life in prison on Dec. 11, Chief Assistant Prosecutor David Lady said. 

Thomas has been in prison since he was arrested later in the day on Aug. 15 in Detroit on a parole violation. He had served eight years in prison and was paroled in 1999. 

Hibbard said he stopped Thomas about 12:45 a.m. because his headlights were not on. Thomas gave him a false name and said he had no license or identification. 

When Thomas started the truck and began to move, Hibbard stuck his arm in and wedged his body in Thomas' lap. 

"The next thing I remember is being pulled away. My arm was stuck in the steering wheel," Hibbard said. "I told him to stop and he wouldn't. At one point I was no longer worried about arresting him. I just wanted him to stop." 

Officers Steven Scarpino and Andrew Flint testified Hibbard was dragged or carried up to 245 feet. Hibbard said he thought Thomas was driving 30 to 40 mph and trying to shuck him off against a tree. 

At some point, Hibbard fell out of the truck and rolled across the street against a curb. His head and neck were in serious pain and he couldn't move, he said. 

"Not only had he broken his neck, but we thought he broke his left leg," Hibbard's family physician, Dr. Timothy Kval, testified. Doctors eventually learned the leg was sprained and the seventh cervical vertebrae was fractured. 

Although "severely risky," the doctor said, the injury did not cause nerve damage. Hibbard underwent therapy after four days in the hospital, returned to light duty in October and full duty this week. 

Detective Timothy Gonzalez, the chief investigator, encountered Thomas at the Wayne County Jail shortly after his arrest. He was initially "aggressive and rude," Gonzalez said, but eventually confessed. 

"Without any questioning, he said he was sorry, that he didn't mean to hurt the officer," Gonzalez testified. 

At the same time, the detective said, Thomas blamed the incident on Hibbard for trying to stop him. 

"He did not care what he did to get away," Gonzalez said. "He was determined not to go to jail." 
















1999 - 

Samuel M. Thomas paroled on breaking and entering conviction.
He had been paroled in 1999 after serving eight years in prison for breaking and entering. 

















July 24, 1998

Samuel Thomas filed appeal against Parole Board.


















October 24, 1991 - 

Samuel Thomas sentenced to 3 - 22 years for breaking and entering conviction.

















October 06, 1990 - 

Samuel Thomas charged with breaking and entering.