Thursday, January 11, 2007

01102007 - Deputy Mayor Rick Csapo - Sentenced - Traverse City

 Also See:



Deputy Mayor Rick Csapo charged with domestic violence

VIOLATION OF NO- CONTACT ORDER


 

 Deputy Mayor / Commissioner Ricky Csapo [left], with his defense attorney.












Csapo fined for domestic violence
He has already sought counseling since June dispute
Traverse City Record Eagle, MI
By VICTOR SKINNER 01/11/2007
http://www.record-eagle.com/2007/jan/11csapo.htm




Former Traverse City deputy mayor Rick Csapo, left, accompanied by his attorney Clarence Gomery, is overcome with emotion while addressing 86th District Court Judge Thomas Phillips at his sentencing at the Robert P. Griffin Hall of Justice in Traverse City. Record-Eagle/Tyler Sipe



TRAVERSE CITY — Former Traverse City commissioner Rick Csapo must pay $750 in fines and court costs and attend counseling sessions but received no additional jail time for assaulting his wife on a downtown street after a night of drinking.

District Court Judge Thomas J. Phillips sentenced Csapo Wednesday to three days in jail with credit for three days already served following the June 23 altercation along West Front Street.

Philips also ordered Csapo to stay out of bars. "The important thing is you learn from this so it doesn't happen again,” Phillips said.

Jurors found Csapo guilty of domestic violence Dec. 4 after only 35 minutes of deliberation. Witnesses testified they saw him argue loudly with his wife before he pushed her head against a window.

Csapo's attorney, Clarence Gomery, pointed out that Csapo has voluntarily sought treatment and counseling since the incident.

Csapo has already suffered publicly for months and "has done everything possible to apologize,” Gomery said.

"He has lost his job. He has lost his political position. I think that he has gone far and above,” Gomery said.

But Assistant State Attorney General Erin House countered that Csapo has never admitted to assaulting his wife and deserved more jail time.

"He talks about making an error in judgement. He never once admits in his public apology that he assaulted his wife,” House said.

"His behavior is appalling.”

An emotional and tearful Csapo talked about his alcohol problems and his struggle to overcome them, but did not apologize for the assault.

"I have not touched a drop of alcohol since June ... nor do I want to,” he said. "I accept my responsibility for that night. I was found guilty by a jury and I accept that.”







Breaking News
Csapo resigns from TC commission
12/11/2006
http://www.record-eagle.com/2006/dec/11resign.htm
TRAVERSE CITY — City commissioner Rick Csapo resigned from the commission Monday morning following his conviction on a misdemeanor domestic violence charge.

Csapo submitted a letter to city Clerk Debbra Curtis tendering his immediate resignation from the commission and other related posts including vice-chairman of the Grand Traverse County Board of Public Works, and chairman of the county's Solid Waste Planning Committee.

"Elected to this office by the citizens of Traverse City has been both an honor and a privilege,” Csapo said in his letter. "I am saddened to resign, but the events of last six months compels me (to) submit this letter.”

He also delivered a written statement apologizing for the incident and for his statements to city police and witnesses during the June 23 incident. Csapo was convicted by a District Court jury last week on a charge of domestic violence stemming from an altercation with his wife on a downtown street. He's scheduled to be sentenced Jan. 10.

A special city commission meeting scheduled for Monday night to discuss a possible request from other commissioners for Csapo's resignation was canceled following Csapo's resignation letter. A commission study session will go on as scheduled.

The commission will discuss filling Csapo's vacancy at its regular meeting Dec. 18 at the Governmental Center.







Officials want an apology
Traverse City Record Eagle, MI
By Vanessa McCray
December 07, 2006
http://www.record-eagle.com/2006/dec/07csapo.htm

TRAVERSE CITY — City Commissioner Rick Csapo should apologize for profane comments he allegedly made about city police during a fracas that resulted in Csapo's domestic violence conviction, several of his fellow board members said.

A jury found Csapo guilty Monday for assaulting his wife during an argument on a downtown street. Police said Csapo appeared intoxicated during the incident.

A city police report recounted how a loudly profane Csapo railed during the June 23 incident against police and a group of young people who witnessed the commissioner push his wife's head into a plate glass window on West Front Street.

Csapo, a retired Grand Traverse County sheriff's deputy, was first elected to the commission in 2001. He did not return repeated calls for comment. Csapo maintained his innocence throughout the trial and said he didn't assault his wife, but tried to calm her.

Mayor Linda Smyka and city commissioners Scott Hardy and Ralph Soffredine said Csapo should apologize for his comments.

Smyka called the remarks "very inappropriate” and said there appears to be a "huge discrepancy” between what Csapo "recalls happening and what people report.”

"I was hopeful myself that there would be an apology forthcoming, and that hasn't happened,” she said.

Smyka said Csapo's comments were "inappropriate for anyone ... let alone a city commissioner.”

"There's no excuse for that, in my opinion,” she said.

"I think he owes those officers an apology,” said Soffredine, the former city police chief.

Soffredine termed the statements "unfortunate” and the situation "difficult.” He said he's never heard Csapo make derogatory comments about city police in the past.

"I would agree that if any of us, sober or not, makes statements that are derogatory towards any of city staff, we ought to apologize for those,” said Hardy. "I do think an apology is in order, but, again, that is something else we can't mandate. That is up to Rick.”

Csapo deserves time to sort out how he will respond to the verdict, but should react soon, Hardy said. The commission could have an "ethical responsibility” to release its "public position” on the matter, depending on how Csapo responds, Hardy said.

A city elected official is not removed from office because of a misdemeanor conviction, said city attorney W. Peter Doren.

"There's nothing in the charter ... that talks about what happens when someone is convicted of a misdemeanor,” he said.

Commissioners would be removed from office if convicted of a felony. Thus far, city commissioners have not called for Csapo to resign.

"I am really struggling with it personally because it's been a very difficult thing to go through,” Smyka said. "I haven't really reached any kind of decision in my own mind.”

Soffredine said resignation is a decision for Csapo to make.

Csapo served as mayor pro tem at the time of the incident, but commissioners in November appointed Hardy to that second-in-command post. Csapo is scheduled to be sentenced Jan. 10. The misdemeanor is punishable by up to 93 days in jail and a $500 fine.






Rick Csapo, left, and defense attorney Clarence Gomery listen to assistant state attorney general Erin House at Csapo's trial in 86th District Court. Record-Eagle/Tyler Sipe





Csapo guilty of domestic assault
Traverse City Record Eagle, MI
By VICTOR SKINNER
12/05/2006
http://www.record-eagle.com/2006/dec/05csapo.htm
TRAVERSE CITY — Jurors needed only 35 minutes of deliberation after a daylong trial to find Traverse City Commissioner Ricky Edward Csapo guilty of domestic violence for assaulting his wife during an alcohol-fueled encounter on a downtown street.

Prosecution witnesses on Monday said they saw Csapo, 52, and his wife, Cynthia Csapo, argue loudly on West Front Street the evening of June 23 before he pushed her head against a window and she yelled for help.

"She said, 'call 911.' She was afraid,” said witness Kimberly Ayres, 20. "You can't grab someone's face with the palm of your hand and blatantly shove it into a window.”

Csapo declined to comment after the verdict. Csapo was also absent for Monday night's city commission meeting and could not be reached by phone for comment.

Csapo's lawyer, Clarence Gomery, said Csapo and his wife continued to deny the assault.

"It was their belief that this incident did not happen. They have always maintained there wasn't any assault,” Gomery said. "The jury entered a verdict and we will have to accept that. This matter has dragged on way too long and they are glad that the matter is finally closed and they can go on with their life.”

Csapo is scheduled to be sentenced Jan. 10. The misdemeanor is punishable by up to 93 days in jail and a $500 fine.

Gomery argued throughout the trial that Csapo tried to calm his wife after she had a panic attack brought on by a combination of alcohol, medications and stress.

But Traverse City Police officers at the scene said Csapo was highly intoxicated, uncooperative and yelled profanities, police reports show.

"He appeared to be very irrational,” Traverse City officer Mike Peters testified. "In my opinion, Mr. Csapo was more intoxicated that Mrs. Csapo.”

Csapo testified that he didn't yell at his wife, but instead tried to calm her. He said he grabbed her cheeks with both hands to look her in the eye and never pushed her into the window of a vacant building.

"I could have been stone sober and I would have done the same thing,” Csapo said.

Erin House, a special assistant state attorney general, asked Csapo why several witnesses said they saw the window behind his wife shake.

"I have no idea what hit it,” he said. "My personal belief was it was probably my bag on my shoulder.”

Both Csapos testified that Cynthia never left her husband's side during the duration of the incident, but witnesses and police told another story.

"She started running away and said (call) 911,” said witness James Mang.

Csapo initially was to face another misdemeanor charge for disturbing the peace, but District Court Judge Thomas Phillips dismissed the charge at Gomery's request.

Csapo was first elected to the city commission in 2001.






Monday, January 8, 2007

01082007 - Deputy Brian Vanmeter - Sentenced - Charlevoix County SD






Also See:
Deputy Brian Vanmeter charged with felony assault [Oct 05, 2006]




Deputy resigns as part of plea deal
Traverse City Record Eagle, MI
January 14, 2007
http://www.record-eagle.com/2007/jan/14week.htm

TRAVERSE CITY — A Charlevoix County Sheriff's deputy involved in an alleged off-duty road rage incident has resigned his position and will pay $200 in fines and costs after he admitted responsibility to a civil infraction.

District Court Judge Michael Haley accepted Brian VanMeter's plea to careless driving Monday in an early morning hearing in Traverse City. Careless driving is not a criminal offense.

The plea agreement required VanMeter, 42, to resign as deputy for Charlevoix County and admit he drove carelessly. But a resignation agreement with the sheriff's department allows him to receive back pay from his suspension in October until his resignation Monday and a letter of reference from the sheriff's department, said Mary Beth Kur, his attorney. The reference letter "will not disparage Brian VanMeter,” according to the agreement.

VanMeter initially was charged with felonious assault and reckless driving in October after he witnessed a man leaving his wife's residence and allegedly "threatened and intimidated” the man with his Chevrolet Malibu on M-66 near U.S. 31 in Charlevoix County's Marion Township, state and county authorities said at the time. The two vehicles never made contact, and no injuries resulted.

The altercation was allegedly part of an ongoing feud between VanMeter and his wife, which involved several other incidents between the couple, Kur said.



















Plea deal lightens ex-deputy's conviction
Petoskey News-Review, MI
By Steve Zucker News-Review staff writer
Tuesday, January 9, 2007 4:12 PM EST
http://www.petoskeynews.com/articles/2007/01/09/news/local_regional/news2.txt

CHARLEVOIX — The special prosecutor appointed to handle an assault case involving a now ex-Charlevoix County Sheriff’s deputy and the former deputy’s attorney say a host of factors played into a last-minute plea-agreement that prevented the case from going to trial Monday.

Brian VanMeter, 42, of Charlevoix had been slated to face a one-day jury trial in 90th District Court Monday on misdemeanor charges of reckless driving and assault and battery. But on Friday VanMeter pleaded responsible to a civil infraction of careless driving in exchange for which the other charges were dropped. He was sentenced to pay $200 in fines and costs.

VanMeter was employed as a deputy with the Charlevoix County Sheriff’s office at the time of the Oct. 5 incident that led to the charges. Although VanMeter was not on duty at the time of the incident, county sheriff George T. Lasater placed VanMeter on unpaid suspension a short time after.

Both attorneys in the case said the deal also included an agreement on VanMeter’s part to resign from his position effective at 5 p.m. Monday and an agreement that he would not sue the sheriff’s office or the county over the ending of his employment. For his part, Lasater agreed to pay VanMeter for the time while he was on suspension and to provide him with a letter confirming his time of employment with the sheriff’s office and the fact that he resigned, the attorney’s said.

The case was prosecuted by Antrim County prosecuting attorney Charles Koop, who was appointed to handle the case by the state attorney general’s office at the request of Charlevoix County prosecuting attorney John Jarema.

Koop said a call from the victim saying he didn’t want to proceed with the case was one factor that played into the plea deal. Another factor, Koop said, was that the agreement “provided certainty that (VanMeter) will not be reinstated (to his deputy position).”

Koop explained that the move to allow for VanMeter to receive his back pay was done to prevent the county from the hassle and expense of arbitration.

“In my experience, if the sheriff had fired him, you’d be looking at three months of arbitration. With the attorney’s fees, it would far exceed the cost of just paying him,” Koop said.

VanMeter’s attorney, Mary Beth Kur, said her client took the plea deal, because he felt it was in his and his children’s best interest, given the risks involved in going to trial.

“From the beginning (VanMeter) has maintained his innocence in all criminal charges,” Kur said. “His acceptance of the plea illustrates that. If anything, this incident amounts to a simple traffic matter.”

“When he balanced all the risks of going to trial against a traffic ticket and a $200 fine and not having to put his kids through the publicity surrounding the trial, the choice was pretty clear,” Kur added.

The charges stem from an incident that took place in and south of Charlevoix early Oct. 5 between VanMeter and his estranged wife’s boyfriend, Brad Sanderson. According to police reports and earlier testimony, VanMeter allegedly confronted Sanderson shortly after he had left the VanMeter home.

Sanderson said VanMeter threatened him and then followed Sanderson as he drove back toward Charlevoix. Sanderson said VanMeter drove aggressively, following very closely at times and eventually forcing him to stop near the intersection of U.S. 31 and M-66. Sanderson said VanMeter got out of his car and, after attempting unsuccessfully to make Sanderson get out of his car — ostensibly intending to fight with him — VanMeter fled the scene.

VanMeter was originally charged with a felony count of assault with a dangerous weapon (the car). But a judge threw that charge out following a preliminary examination in November. The judge found that there was not enough evidence showing that VanMeter had the “specific intent” to use his vehicle to put the alleged victim in fear of immediate harm to warrant sending the matter on the circuit court.



Deputy pleads guilty to careless driving
Petoskey News-Review, MI
By Steve Zucker News-Review staff writer
Monday, January 8, 2007 11:47 AM EST
http://www.petoskeynews.com/articles/2007/01/08/news/local_regional/news3.txt

TRAVERSE CITY — The trial of a former Charlevoix County Sheriff’s deputy who was accused of chasing down and then assaulting his estranged wife’s boyfriend was called off at the last minute Friday when the defendant agreed to accept a plea agreement in the case.

Brian VanMeter, 42, of Charlevoix had been slated to face a one-day jury trial in 90th District Court today, Monday, on misdemeanor charges of reckless driving and assault and battery.

Instead, court officials said, VanMeter pleaded responsible to one count of careless driving, a civil infraction. None of the attorneys involved in the case could be reached before press time today.

Charlevoix County Sheriff George T. Lasater said part of the plea agreement included that VanMeter resign from the sheriff’s office, effective today. VanMeter, who was not on duty at the time of the incident, had been on unpaid suspension since shortly after the incident occurred.

The charges stem from an incident that took place early Oct. 5 between VanMeter and his wife’s boyfriend, Brad Sanderson. VanMeter and his wife are in the midst of what his attorney Mary Beth Kur described in court as highly contentious divorce.

At the preliminary examination, Sanderson testified that he and VanMeter first crossed paths near the driveway of VanMeter’s home shortly after Sanderson had left the home. Sanderson said VanMeter threatened him and ordered him to leave the property.

Sanderson testified that as he drove away from the home toward Charlevoix, VanMeter gave chase in his car. He said VanMeter drove aggressively behind him revving his engine and racing up to within a few feet of his rear bumper before backing off.

Finally, Sanderson testified, VanMeter forced him to stop near the intersection of M-66 and U.S. 31 where he said VanMeter got out of his car, came over to Sanderson’s car and opened his car door saying “get out of the car.” Sanderson said the his vehicle’s seatbelt caused the door to shut and he quickly locked the door. He said when VanMeter could not re-open the locked door, he pounded on his driver’s door window and then returned to his car and fled the scene at a high speed.

Sanderson said he believed that VanMeter wanted to fight with him.

VanMeter originally faced a felony charge of assault with a dangerous weapon (the car). But in November a judge threw out the charge finding that there was not enough evidence to show that VanMeter had used the car to put the victim in fear of immediate harm.















Cop's assault charge dropped
Traverse City Record Eagle, MI
Nov. 07, 2006
By CRAIG McCOOL
Record-Eagle staff writer
http://www.record-eagle.com/2006/nov/07charlevoix.htm

CHARLEVOIX — A judge dropped a felony assault charge against a sheriff's deputy who allegedly threatened another man with his car.

A judge ruled there wasn't enough evidence against Charlevoix County sheriff's deputy Brian VanMeter to sustain the felony charge, though VanMeter still faces three misdemeanor counts for an alleged road-rage incident last month.

VanMeter, 42, was initially charged with assault with a dangerous weapon, a four-year felony, and reckless driving, a misdemeanor, following an incident in early October.

He allegedly spotted a man leaving his estranged wife's home and initiated a late night car chase on M-66 that ultimately lead to a confrontation. Grand Traverse District Judge Michael Haley dismissed the felony assault charge at a Nov. 3 preliminary examination.

VanMeter now faces two misdemeanor assault and battery charges and a reckless driving count.

Felonious assault must be committed using a dangerous weapon. There is no weapon component to the misdemeanor assault charges.

"The theory was that there was an assault and the dangerous weapon used was the motor vehicle," said VanMeter's attorney, Mary Beth Kur. "The judge said there was no probable cause to believe there was an assault with the car."

Antrim County Prosecutor Charles Koop was assigned to be the special prosecutor in VanMeter's case and said the two assault charges are both for threatening behavior: allegedly trying to force open the victim's car door after both vehicles were stopped, and then pounding on the victim's windshield.

VanMeter, a deputy with Charlevoix County for the past four years, was off duty at the time of the incident. He has been suspended without pay since his arrest.

The dismissal of the felony charge will not have an immediate impact on his employment status, Charlevoix County Sheriff George Lasater said.

"He's suspended ... until these cases have been disposed of, then I'll make a decision," the sheriff said.

Kur said a plea agreement in the case is unlikely.

"There was some discussion about a plea ... but I think it's going to trial on the misdemeanor charges," Kur said. "I asked for a trial as soon as possible."