Monday, October 15, 2007

10152007 - Buena Vista State C.O. Ronald Mielcarek - Resentenced Per Appeal Opinion [08162007]

Buena Vista State C.O. Ronald Mielcarek - Assault With Intent To Commit Murder



     











10152007 - Officer Robert Vargas - Sentenced - Lansing PD



DOMESTIC VIOLENCE AGAINST EX-GIRLFRIEND:


STALKED/HARASSED OFFICER WHO ARRESTED HIM ON DV CHARGE:








Lansing police officer sentenced to probation for stalking officer in Jackson County
by Danielle Quisenberry
Jackson Citizen Patriot
Thursday May 28, 2009, 3:27 PM
http://www.mlive.com/news/jackson/index.ssf/2009/05/lansing_police_officer_sentenc.html

A former Lansing police officer convicted of stalking a Blackman Township public safety officer was sentenced Thursday to five years probation.

As a condition of his probation, Robert Vargas, 39, is not to have any contact with Officer Joseph Merritt or his family, said Jackson County Circuit Judge Thomas Wilson.

A jury convicted Vargas, who recently retired as an officer after he was given a duty disability pension, of misdemeanor stalking and acquitted him on a charge of malicious use of a telephone.

Merritt testified at the trial that Vargas twice called him and made threatening statements after Merritt arrested Vargas in 2007 on misdemeanor charges of domestic violence and telephone harassment.

In that case, Vargas was convicted of telephone harassment and was sentenced in October 2007 to 15 months probation.

Four days after his probation ended, Vargas first called Merritt and said, "You are going to need an attorney ... you're dead," according to testimony.

Thursday, Vargas turned to Merritt, who was sitting in the courtroom, and apologized. "Joe, I am truly sorry that things got to this point," he said. "I wish you all the best in the future."

His lawyer, Fred Blackmond, said Vargas is "changing his life."

Merritt said it did not seem as though Vargas had gotten over Merritt arresting him.

According to you, I have some general disdain for you. That's not true," Merritt said.

He said he never wanted to arrest a police officer, but had to make a difficult decision, which, as a former police officer, Vargas should understand.

Merritt said Vargas deserved jail time, but asked Wilson not to send him to jail. "I would ask Mr. Vargas to move on with his life and get past all this."

Wilson said he had planned to order Vargas to jail for "impact purposes," but did not.

A few years down the road, if Vargas has done well, Wilson said he may consider taking Vargas off probation.

Vargas was placed on paid administrative leave from the police department after he was first charged with crimes in 2007. Since then he was granted the pension.

In April 2004, Vargas was shot four times and killed one suspect during what authorities said was a robbery in progress.













Officer found guilty of verbal abuse
Lansing policeman on trial for incidents with ex-girlfriend
Lansing State Journal, MI - 1 hour ago
Kevin Grasha
Published September 11, 2007
http://www.lsj.com/apps/pbcs.dll/article?AID=/20070911/NEWS01/709110326/1001/news

A Lansing police officer has been found guilty of being verbally abusive toward his former girlfriend over the telephone.

But he was found not guilty of a domestic violence charge.

Robert Vargas, 39, was arrested after a May 22 fight at the woman's Blackman Township home.

They had recently broken up, police said. Both charges are misdemeanors. Vargas, who has been on paid administrative leave since the incident, faces up to six months in jail and $1,000 in fines.

A sentencing hearing is scheduled for Oct. 15 in Jackson County District Court.

Vargas' attorney, Fred Blackmond, did not return calls seeking comment. Vargas' telephone number is not listed.The verdict came Friday after a jury trial before Jackson County District Judge R. Darryl Mazur.

A few days after the woman broke off the relationship, Vargas went to her home, yelled at her, and at one point, pinned her to a bed, according to trial testimony. On the stand, Vargas admitted lying to a superior when he at first denied being at the woman's home.

An internal investigation continues, Police Chief Mark Alley said Monday.
He could not say when it would be completed."Discipline could include, but is not limited to, termination of employment," Alley said. "Whether it's a misdemeanor or a felony, we look at the facts surrounding the incident on a case-by-case basis and make a determination from there."

Jackson County Assistant Prosecutor Daniel Schwalm, who handled the case, said the county's elected prosecutor, Henry Zavislak, instructed him not to offer Vargas a plea deal.

"He wanted to make sure (county residents) know we enforce the law equally with everyone, regardless of position," Schwalm said.

Vargas has worked for the department about a decade.

In 2004, Vargas was shot four times when he interrupted a robbery.

After being wounded, he shot and killed one of two men involved in the break-in. It was determined that Vargas' use of deadly force was justified.












Lansing police officer charged with domestic assault
Evening update
Lansing State Journal
Kevin Grasha
Published May 23, 2007
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=/20070523/NEWS01/705230387

A Lansing police officer, who was arrested Tuesday night on a domestic assault charge, was placed on paid administrative leave today.

Rob Vargas, who has been with the department about a decade, was arrested in Blackman Township in Jackson County.

Vargas could not be reached today for comment.

Lansing Chief Mark Alley said Vargas also will face an internal affairs investigation, "where he could face anything from exoneration to termination.""We do not tolerate criminal misconduct by any member of our agency," Alley said.

In 2004, Vargas was shot four times when he interrupted a robbery at a south Lansing townhouse. After being wounded, he shot and killed one of two men involved in the break-in. Prosecutors determined Vargas' use of deadly force was justified.

The incident was the first time in more than a decade that a Lansing officer was shot in the line of duty.





Tuesday, October 9, 2007

10092007 - Firefighter Gerald Paul Thoma Jr. - Sentenced - Fruitport FD


Also See:

Firefighter Gerald Paul Thoma Jr. charged with domestic violence [June 02, 2007]


 

Fire captain pleads to domestic violence charge
Posted by mlive.com
From local reports
October 11, 2007 01:27AM
http://blog.mlive.com/chronicle/2007/10/fire_captain_pleads_to_domesti.html

FRUITPORT TOWNSHIP -- A Fruitport Township fire captain has pleaded guilty to misdemeanor domestic violence for punching his 16-year-old son in the nose.

Gerald Paul Thoma Jr., 43, entered the plea Tuesday before 60th District Judge Michael J. Nolan. Nolan sentenced Thoma to probation, fines and costs and anger-management class.

According to a police report, Thoma and his 16-year-old son got into an argument June 2 that escalated into an assault at their home at 3148 E. Pontaluna. The son called 911.

Police said Thoma punched the teen in the nose three times.

It's not Thoma's first criminal conviction. In June 2003, Thoma was arrested for ramming his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there.

He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the county jail and 24 months of probation.









Fireman's job depends on anger management
Posted by Heather L. VanDyke
October 24, 2007 22:32PM
http://blog.mlive.com/chronicle/2007/10/firemans_job_depends_on_anger.html

A Fruitport Township fire captain convicted of assaulting his son will keep his job as long as he completes anger management classes, according to the fire chief. "He continues to work with the department," Fire Chief Ken Doctor said Wednesday.

Jerry Thoma Jr., 43, pleaded guilty last week to the misdemeanor domestic assault charge and was sentenced to anger management classes, probation and fines and costs.

The assault stemmed from a June incident involving his 16-year-old son. Police arrested Thoma June 2 after they said he punched his son in the nose three times at their home at 3148 E. Pontaluna following a heated argument.

Township officials decided they wouldn't review his job status until after his sentencing.

On Monday, the township board of trustees held a closed session -- requested by Thoma -- to review the issue. Thoma was not present, but Doctor was. Doctor said Thoma will remain on the job as long as he "successfully completes the court's requirements."












Fire captain again faces a criminal charge
Muskegon Chronicle
By Heather L. VanDyke
Friday, August 03, 2007
 http://www.mlive.com/news/chronicle/index.ssf?/base/news-12/1186155959184030.xml&coll=8

A Fruitport Township fire captain with a criminal record has been charged with domestic assault for allegedly punching his 16-year-old son.

Gerald Paul Thoma Jr., 43, was charged with the misdemeanor stemming from a June 2 incident in which he is accused of punching his son in the face during an argument.

Fire Chief Ken Doctor said Thursday that Thoma, who has been on the department for more than 20 years, is not suspended from his job and will continue to work as a fire captain on a full-time basis "for now." He declined further comment.

According to the police report, Thoma and his son got into an argument just before 11 p.m. that escalated into an alleged assault at their home at 3148 E. Pontaluna. The argument apparently was over whether the son could go to a skate park with friends, said Police Chief Paul Smutz.

Thoma's wife, Geraldine Thoma, told police she was at the home when the incident occurred but did not witness it, Smutz said.

The son called 911.

The veteran fire captain -- who is 6 feet 1 inch tall, and weighs 230 pounds -- is accused of punching the teen in the nose three times, Smutz said. When officers arrived at the scene, "they saw blood coming from (the son's) nose, and it was swollen," Smutz said.

Township Supervisor Ron Cooper said Thoma's job is not in jeopardy at this time because he is "not convicted of anything.""If he is found to be guilty, then that could have an effect on his job," Cooper said. "I don't see why we would take a man's job away from him because he's been accused of something."
Cooper said he had not read the police report."It's an accusation," he said of the punching allegations."The kid may have fallen on the floor, for all I know. It's a domestic thing. It's a discipline thing."

It was not clear whether the teen indicated he wanted to press charges against his father, but in domestic assault cases, if there is physical evidence to support it "an arrest has to happen," Smutz said.

Thoma was arrested and lodged the same night in the Muskegon County Jail.

A jury trial is slated for 9 a.m. Aug. 20 in 14th Circuit Court.

Thoma's June 2 arrest came about four years after his last run-in with the law. In June 2003, Thoma was charged with a five-year felony for malicious destruction of a building causing more than $1,000 in damages.

Connie Smith, who was township supervisor at the time, did not take the incident lightly. Thoma was placed on a 30-day unpaid suspension and had to sign a "last chance agreement" to keep his job The agreement indicated Thoma couldn't use illegal substances or alcohol or become involved in any criminal activities for the "lifetime of his career" at the Fruitport Township Fire Department.
It also required Thoma to continue a substance abuse treatment program he began after the June 14, 2003, incident.

Cooper said he has looked at that agreement, but other township officials agreed no action should be taken at this time.

Thoma was arrested for ramming his Dodge truck into an acquaintance's house at 1479 S. Mill Iron in Muskegon Township. He also rammed the acquaintance's vehicle that night and returned to the same home days later to offer the victim money to "settle the matter" to reduce his criminal charge, police said.
Thoma pleaded no contest to two misdemeanors: operating a vehicle while impaired and malicious destruction of property causing $200 or more in damages stemming from that incident. He was sentenced to 45 days in the county jail and 24 months of probation and was ordered to pay court costs and fines.