Thursday, April 4, 2013

04042013 - Officer Ryan McClimans - Grand Rapids PD

GR cop pleads guilty, plans to retire
Lt. Ryan McClimans pleads guilty in domestic case
Updated: Friday, 26 Apr 2013, 10:39 PM EDT
Published : Friday, 26 Apr 2013, 10:39 PM EDT
http://www.woodtv.com/dpp/news/local/ottawa_county/gr-cop-pleads-guilty-plans-to-retire


HOLLAND, Mich. (WOOD) - A Grand Rapids police lieutenant has entered a plea in a case involving domestic violence.

On April 4, police said Lt. Ryan McClimans, 43, was involved in a domestic dispute in Holland while he was off duty.

Holland police began investigating the incident, and McClimans turned himself in on April 11 after the Ottawa County Prosecutor’s Office issued a misdemeanor warrant against him.

According to the Grand Rapids Police Department, McClimans was arraigned, released on a personal recognizance bond and put on administrative leave from GRPD.

On Friday, McClimans’ attorney told 24 Hour News 8 that his client had entered a guilty plea on Thursday under the Michigan Spousal Abuse Act, which allows first-time offenders to be put on probation where a judge can include conditions like mandatory counseling or a jail time of up to 12 months.

If McClimans successfully completes his probation, his record will be sealed and the guilty plea will not show on his record unless he re-offends.

McClimans’ attorney also said his client told the Ottawa County Prosecutor’s Office that he intended to retire from his position with GRPD.

Sentencing for McClimans is scheduled for May 28.













Grand Rapids police lieutenant pleads guilty to domestic violence

The Grand Rapids Press
John Tunison
April 26, 2013 at 4:40 PM
Updated April 26, 2013 at 4:42 PM

GRAND RAPIDS, MI -- A Grand Rapids police lieutenant has pleaded guilty to domestic violence involving a Holland woman.

Lt. Ryan McClimans, 43, is expected to be sentenced May 28 in Holland District Court on the misdemeanor. He pleaded guilty on Thursday, April 25, court records show.

McClimans is an 18-year veteran with the Grand Rapids Police Department,

He is accused of pushing the Holland woman he was dating, causing her to hit her head on a tool box.

The incident happened April 4.

McClimans, who filed for divorce in February to end a 10-year marriage, has been on paid leave with Grand Rapids police since April 5.

His status with the department today was not immediately known.

McClimans is assigned to the police Special Response Team.














Grand Rapids police lieutenant charged with domestic violence made a death threat, woman alleges
By Heidi Fenton
The Grand Rapids Press
April 12, 2013 at 7:36 PM
Updated April 12, 2013 at 7:57 PM
http://www.mlive.com/news/grand-rapids/index.ssf/2013/04/grand_rapids_police_lieutenant_1.html


OTTAWA COUNTY, MI -- A Holland woman claims she was physically abused by the Grand Rapids police lieutenant she was dating.

But the officer's attorney on Friday, April 12, described the case -- involving a domestic violence charge -- as a "he said, she said," event.

"I'm not sure a crime occurred," said Terry Tobias, the attorney for Lt. Ryan McClimans, an 18-year veteran officer.

"It's two people saying different things about what happened," he said.

McClimans, 43, was charged with the domestic violence misdemeanor in Holland District Court and has been on paid administrative leave with the Grand Rapids Police Department since April 5.

The alleged victim, Sarah Ritsema, 32, detailed her claims against McClimans in a personal protection order filed April 5, the day after she was allegedly abused.

McClimans allegedly told her “I’m going to kill you” following a haircut she gave him, she wrote in a statement. The episode ended with an argument and her pushed to the ground, court records allege.

In a nine-page affidavit filed for the protection order, Ritsema said: “I want nothing more than for him to stay as far away as possible from me and my children.” Her account is riddled with instances of verbal and mental abuse in addition to property damage that includes allegations of kicking in doors and punching holes in walls.

Ottawa County Circuit Court Judge Edward Post approved the protection order without testimony or a chance for McClimans to respond to the allegations. It is standard practice for that to occur and the subject of the order can later request an opportunity to contest the claims.

On the morning of April 4, Ritsema said McClimans was upset after a haircut she gave him did not turn out as he liked. McClimans looked in the mirror, grew angry and allegedly began to scream, saying “I made him look bad on purpose,” Ritsema wrote.

The exchange escalated as Ritsema allegedly told McClimans to move out because she had taken enough. He tried to initiate emotional contact, she wrote, and she said “no,” pushing him away.

Ritsema alleged McClimans then pushed her down on a bed where he had placed tools while he removed a TV from a wall. The bed slid and hit the wall. Ritsema said she fell to the ground and she hit her head on a toolbox.

Moments later, in the bathroom, McClimans tried to grab a necklace from her neck and then “screamed in my face … ‘I’m going to kill you,'" Ritsema wrote.

Tobias said his McClimans offers a different account.

"There was definitely arguing by the parties that went back and forth," Tobias said. "(McClimans) tried to calm the argument down by giving her a hug. She gave him a push and they both tumbled backwards, falling on the bed.

"He had no intent to ever harm her. I think it's one of those things where two people see things differently," he said.

After the incident, Ritsema went to work and did not report the trouble to police until later in the day, he said.

Tobias said McClimans has an exemplary record with the Grand Rapids police force and he hopes it stays unblemished.

"He's pretty well decorated and seems to have done some pretty heroic things," he said.

In the lengthy affidavit, Ritsema told how her year-and-a-half long dating relationship with McClimans was riddled with verbal abuse and anger. She recounts allegations but offers no time frame for the arguments.

She wrote of other incidents, one about six months ago in which McClimans drove her home from Boatwerks Restaurant in Holland in his police cruiser, then became angry with texts on her phone.

He said the couple was breaking up that night, Ritsema wrote, but “he was getting one more round out of me,” then allegedly tried to force her to engage in sexual contact.

Records show McClimans filed for divorce from his wife in February 2013, citing a breakdown in the 10-year marriage.

McClimans was promoted to lieutenant in March 2012. He played an integral role in the July 2011 standoff with Rodrick Dantzler, who killed seven people in Grand Rapids before taking his own life.

Grand Rapids police Chief Kevin Belk said McClimans will remain on leave pending the outcome of an internal investigation and a determination of what departmental rule violations happened, if any.

                












 Grand Rapids officer charged with domestic violence, on leave
4:30 PM, Apr 12, 2013
http://www.wzzm13.com/news/article/252335/14/Grand-Rapids-officer-charged-with-domestic-violence-on-leave




GRAND RAPIDS (WZZM) - A Grand Rapids Police lieutenant has been placed on administrative leave after an alleged domestic violence incident in Holland.

Lieutenant Ryan McClimans was placed on leave pending the outcome of the investigation of the complaint. Based on investigations by the Holland Police Department, the Ottawa County Prosecutor issued a misdemeanor warrant charging McClimans with Domestic Violence. According to Grand Rapids Police, McClimans turned himself in to Holland Police Thursday, was arraigned, and released on bond.

Lt. McClimans is part of the Grand Rapids Special Response Team.



           









Grand Rapids police lieutenant on leave after domestic violence charge
By John Tunison
The Grand Rapids Press
April 12, 2013 at 11:38 AM
Updated April 12, 2013 at 7:38 PM
http://www.mlive.com/news/grand-rapids/index.ssf/2013/04/grand_rapids_police_lieutenant.html




UPDATE: Grand Rapids police lieutenant charged with domestic violence made a death threat, woman alleges

GRAND RAPIDS, MI -- An 18-year Grand Rapids police lieutenant is on administrative leave after he was charged with domestic violence in Ottawa County.

Lt. Ryan McClimans, 43, was arraigned April 11 in Holland District Court on the charge, a misdemeanor. An April 25 pretrial is scheduled in the case.

McClimans was placed on paid leave April 5, a day after the alleged domestic violence incident happened in Holland.

McClimans is assigned to the police Special Response Team. After he was arraigned, he was released on a personal recognizance bond.

He was promoted to lieutenant in March 2012.

McClimans played an integral role in the July 2011 standoff with Rodrick Dantzler, who killed seven people before entering a home on Rickman Ave. NE and taking hostages.

He ended up taking his own life after a four-hour standoff.

               











GR Lt charged in domestic violence case

43-year-old Ryan McClimans
Updated: Friday, 12 Apr 2013, 11:32 AM EDT
Published : Friday, 12 Apr 2013, 10:54 AM EDT
http://www.woodtv.com/dpp/news/ottawa_county/gr-lt-charged-in-domestic-violence-case




HOLLAND, Mich. (WOOD) - A Grand Rapids police lieutenant was placed on administrative leave as an investigation continues regarding his alleged off-duty involvement in a domestic violence case.

The incident is alleged to have happened in Holland on April 4, and the Holland Police Department began working on the case.

The Ottawa County Prosecutor's Office then issued a misdemeanor warrant against Lt. Ryan McClimans.

The 43-year-old turned himself into the Holland Police Department on April 11 and was arraigned afterward.

He was then released on a personal recognizance bond, according to a news release from the Grand Rapids Police Department.

McClimans began his career with GRPD in 1994 and was assigned the Special Response Team.










Grand Rapids Officer Being Investigated
April 12, 2013
by Carl Gustin
Assignment Editor
http://fox17online.com/2013/04/12/grand-rapids-officer-being-investigated/#axzz2QTu7ztxu


GRAND RAPIDS, Mich. — A Grand Rapids police lieutenant has been placed on leave while he is being investigated.

Lt. Ryan McClimans, 43, was placed on administrative leave April 5 while the department looks into an April 4 domestic violence allegation in Holland. The Ottawa County Prosecutor’s Office issued a warrant for misdemeanor domestic violence for McClimans, who surrendered Thursday and was arraigned in 58th District Court.

He was released on personal recognizance.

McClimans has been an officer with the Grand Rapids Police Department since 1994.




Monday, April 1, 2013

04012013 - MCL 769.4a Amended - Senate Bill 0633 Of 2012/ Public Act No. 550 - Enacted - Cases and disposition of criminal DV charges closed to public inspection




DV/OIDV cases tried under MCL 769.4a are closed to public inspection


MCL 769.4a
Sec. 4a. (6)"Unless the court enters an adjudication of quilt under this section, all proceedings regarding the disposition of the criminal charge shall be closed to the public inspection..."


Also See:




























Michigan State Senators Rick Jones, Tonya Schuitmaker, Steven Bieda, and Virgil Smith sponsored Senate Bill 633, which was aimed at closed proceedings in domestic violence cases which were pleaded and dimissed under MCL 769.4a.

SB633 was passed / enacted and became ACT 550. MCL 769.4a was amended to reflect the closed proceedings / non-public records of proceedings, in paragraphs 6 and 7 under ACT 550.

MCL 769.4a allows the expungment of domestic violence offenses. It is used in a majority of officer involved domestic violence cases, because it allows the officer to retain his gun after a DV incident. Thus, MCL 769.4a is known as Michigan's Loophole to the  Lautenberg Amendement [18 U.S.C. §922(g)(9) : bans access to firearms by people convicted of crimes of domestic violence].

Through the prolific use of MCL 769.4a by Michigan police officers and officials arrested for domestic violence [officer involved domestic violence / OIDV], the media exposed the epidemic of officer involved domestic violence, [as state officials, legislators, and even domestic violence agencies remained silent about this horrific crime of OIDV].

The only way to silence the only voice OIDV victims in Michigan have [the media], was by silencing the media.; Michigan state legislators and the Governor did so, when they enacted ACT 550.

There was outrage over the closed OIDV proceedings under MCL 769.4a. So, Michigan officials responded by removing the amended paragraphs of MCL 769.4a which reflected SB633 / ACT 550. BUT, Michigan did not repeal ACT 550: it's still there; it still allows the state to have closed hearings and non-public records for OIDV cases pleaded under MCL 769.4a.

Michigan officials have succeeded in closing the door on OIDV victims, under ACT 550.



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18 U.S.C.§ 922(g)(9)

definition of 'convicted' can be found in the chapter 18 U.S.C. § 921(a)(33)(B)(ii) and has exceptions:


(33) (B)

(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—


(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside...

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This is how amended MCL 769.4a with ACT 550 enclosed appeared on March 14, 2013 [effective April 01, 2013]:






ACT 550 [closed proceedings] is enclosed in pargraphs 6 and 7 of the amended MCL 769.4a:



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Since the outrage over closed criminal proceedings under MCL 769.4a , Michigan has amended MCL 769.4a by removing pargraphs 6 and 7 / ACT 550 [closed proceedings]:    



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  SB 633 / ACT 550: closed proceedings in cases pleaded under MCL 769.4a is still in effect...It's just hidden.