Tuesday, January 28, 2014

01282014 - Officer Timothy Hibbard - Jackson PD

A family in crisis...


Also see:

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

Officer Timothy Hibbard - Samuel M. Thomas convicted for dragging Officer Hibbard w/vehicle [August 15, 2002]
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html









No charges against Jackson police officer involved in domestic dispute
Danielle Salisbury
MLive
February 28, 2014 at 6:30 AM
Updated February 28, 2014 at 7:09 AM 
JACKSON, MI – A prosecutor has decided not to issue any charges against a Jackson police sergeant who had a heated dispute with his wife, moving a relative to call 911.

There was “insufficient evidence” to charge Timothy Hibbard, a sergeant at the police department, the Branch County prosecutor informed Jackson County Prosecutor Jerry Jarzynka, who asked the state attorney general’s office to assign a special prosecutor to review the case.

Messages left late last week and early this week for Branch County Prosecutor Ralph Kimble were not returned.

When Jackson County Sheriff’s deputies came to Hibbard’s home Jan. 28, Hibbard and his wife, Marcy Hibbard, said they were having a verbal argument. Both said Timothy Hibbard did not push or hit Marcy Hibbard, but she reported she was “very afraid” of her husband, according to a sheriff’s office report. One son also said there was no physical contact. A younger son said Timothy Hibbard shoved his wife as he tried to get to a gun safe.

The younger son's aunt called 911 when the boy contacted her, saying his parents were involved in a domestic situation, according to the sheriff’s office report. He had heard "a bunch of yelling and screaming," and left the house, according to the report.

The couple had been fighting, both Marcy and Timothy Hibbard said. At one point, Hibbard “blew up,” threw his cell phone and broke it. This behavior frightened his wife and she told a deputy she went downstairs and locked herself in a bathroom.

Hibbard kept yelling at her to open the door. He wanted her cell phone, the report states.

He was “shaking” the door, trying to gain access, she said. Timothy Hibbard said he tried to kick in the door. She eventually opened it and he grabbed the phone, yelling and cussing at her, according to the police report.

Hibbard, who had been drinking whiskey and taking medication, started stumbling toward a gun cabinet, but his wife stood in the way. She stopped him when he tried to access it, she told a deputy. Hibbard said he never threatened to use the gun on his wife.

Hibbard and his wife’s dispute centered on an internal issue at the police department, his wife said, according to a sheriff’s report, which does not specify the issue. It involved Marcy Hibbard, who is a service desk employee at the police department, and a supervisor.

Matt Heins, Jackson director of police and fire services, declined to comment when asked about the supervisor’s involvement or position with the department.

He said Hibbard remained on paid administrative leave. Commanders were reviewing an internal investigation and were to make a recommendation to Heins about any needed administrative action, Heins said.

Hibbard was not arrested. He was placed in “protective custody” and taken to Allegiance Health for a mental health evaluation. 

When told of this, Hibbard was "extremely confrontational," the report states. Deputies were able to talk Hibbard into going outside, where he willingly got into a patrol vehicle after a short conversation.



















POSSIBLE ASSAULT CASE INVOLVING OFFICER 
February 06, 2014 at 6:45 AM 
Tarryl Jackson
MLive

JACKSON, MI — Good morning, Jackson! Today is Thursday, Feb. 6.
Welcome to Jackson Current, your daily peek into stories we're working on and a look back at the latest news.

POSSIBLE ASSAULT CASE INVOLVING OFFICER — A prosecutor outside Jackson County will review a possible assault case involving a Jackson police officer. The Jackson County Prosecutor's Office on Monday received a warrant request regarding Timothy Hibbard, a sergeant at the Jackson Police Department, and he has asked the state attorney general's office to assign a special prosecutor to review the case. 





















Prosecutor to review possible assault involving police officer
Jackson Citizen Patriot (MI) 
Thursday, February 6, 2014 
By Danielle Salisbury 

A prosecutor outside Jackson County will review a possible assault case involving a Jackson police officer. 

Jackson County Prosecutor Jerry Jarzynka said his office Monday received a warrant request regarding Timothy Hibbard , a sergeant at the Jackson Police Department, and he has asked the state attorney general's office to assign a special prosecutor to review the case. 

There is an allegation of a physical assault, Jarzynka said, declining to release further details about the complaint. 

County Undersheriff Chris Kuhl said a deputy or deputies were called Jan. 28 to a home in the southern part of the county for a report of a domestic dispute or incident between a husband and wife. 

Kuhl declined to release specifics and did not confirm the name of the man involved. 

The case is open, and the man was not arrested and has not been charged with any crime. 

Kuhl was not aware of anyone being hurt. Only two people were there. 

The man was placed in protective custody and taken to Allegiance Health in Jackson for a mental health evaluation because of statements he made on scene, Kuhl said. 

Matt Heins, Jackson director of police and fire services, said Hibbard is on paid administrative leave while the case is investigated.




















Outside prosecutor to review possible assault case involving Jackson police officer
Danielle Salisbury
February 05, 2014 at 7:52 AM
Updated February 05, 2014 at 4:19 PM 


JACKSON, MI – A prosecutor outside Jackson County will review a possible assault case involving a Jackson police officer.

Jackson County Prosecutor Jerry Jarzynka said his office on Monday, Feb. 3, received a warrant request regarding Timothy Hibbard, a sergeant at the Jackson Police Department, and he has asked the state attorney general’s office to assign a special prosecutor to review the case.

There is an allegation of a physical assault, Jarzynka said, declining to release further details about the complaint.

When asked about the case, county Undersheriff Chris Kuhl said a deputy or deputies were called Jan. 28 to a home in the southern part of the county for a report of a domestic altercation or incident between a husband and wife. Kuhl declined to release many specifics and did not confirm the name of the man involved. The case is open and pending and the man was not arrested and has not been charged with any crime.

Kuhl was not aware of anyone being hurt. Only two people were there at the time, he said.
The man was placed in protective custody and taken to Allegiance Health for a mental health evaluation because of statements he made on scene, Kuhl said. 

Matt Heins, Jackson director of police and fire services, said Hibbard is on paid administrative leave as the police department conducts an administrative review to see if there are any policy violations.

The results of the review will determine what, if any, disciplinary action would be required, Heins said.










--------------------



Domestic calls fraught with danger - Emotion, unknowns make for explosive situations
Jackson Citizen Patriot (MI) 
Sunday, March 14, 2010 


...Aug. 3, 2008, Marshan Worthey killed his former girlfriend and fired at responding officers with a stolen .22-caliber handgun. Jackson Police Sgt. Timothy Hibbard and officers Jason Ganzhorn and Wesley Stanton returned fire, shooting more than a dozen times and killing Worthey. 

Worthey had shot Shakia Kelley, 22, and dragged her body 100 yards in the area of Bloomfield  Boulevard and Woodbridge Street, officials said... 




















Officials: Officers justified in shooting
Jackson Citizen Patriot (MI) 


Jackson police officers were justified in shooting to death an armed murder suspect on Aug. 3, investigators and prosecutors concluded Thursday.... 

At a press conference, he played a recording from officers' microphones. The officers are heard ordering Worthey to show his hands as he crouched near Kelley's body at Bloomfield Boulevard and Woodbridge Street. 

"I'll kill you bitches!" Worthey shouted at police, just before they shot him to death... 























Police: Man shot girlfriend - Woman was trying to distance herself from boyfriend before fatal shootings
Jackson Citizen Patriot (MI) 
Tuesday, August 5, 2008 
Shakia Kelley had filed a personal protection order against Marshan Worthey and was trying to distance herself from the father of her children... 

Police believe Worthey, 24, shot and killed Shakia Kelley, 22, of Jackson about 5 a.m. Sunday on Bloomfield Boulevard near Woodbridge Street, less than a quarter mile from her home, and dragged her down the road. 

Three Jackson officers, called to a report of shots fired on Bloomfield, shot and killed Worthey after they approached him on Woodbridge Street at W. Euclid Avenue and he pointed a gun at them, Jackson Deputy Chief John Holda said... 

Worthey pointed a handgun at acting Sgt. Timothy Hibbard and officers Jason Ganzhorn and Wesley Stanton, and ignored their verbal commands, Holda said. 

"They fired to stop the threat," he said... 
















June 23, 2008

http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html

Gerald Landrum's Michigan Supreme Court appeal of his conviction under MCR 6.508[D] was denied.

Gerald Landrum was originally charged with attempted murder of Officer Timothy Hibbard during an April 2004 arrest. 

Landrum was convicted in July 2004 of assault with intent to do great bodily harm against Officer Hibbard and resisting and obstructing police causing injury...




















November 16, 2007
http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html

Gerald Landrum's appeal of his conviction under MCR 6.508[D] was denied

Gerald Landrum was originally charged with attempted murder of Officer Timothy Hibbard during an April 2004 arrest. 

Landrum was convicted in July 2004 of assault with intent to do great bodily harm against Officer Hibbard and resisting and obstructing police causing injury...






















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... 

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... 












April 28, 2006
http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html

Gerald Landrum's Michigan Supreme Court appeal of his conviction was denied.

Gerald Landrum was originally charged with attempted murder of Officer Timothy Hibbard during an April 2004 arrest. 

Landrum convicted in July 2004 of assault with intent to do great bodily harm against Officer Hibbard and resisting and obstructing police causing injury...


















December 22, 2005
http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html

Gerald Landrum's  appeal of his conviction was denied.

Gerald Landrum was originally charged with attempted murder of Officer Timothy Hibbard during an April 2004 arrest. 

Landrum was convicted in July 2004 of assault with intent to do great bodily harm against Officer Hibbard and resisting and obstructing police causing injury...























Appeals fail to overturn two convictions
Jackson Citizen Patriot (MI)
Sunday, May 1, 2005
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html

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

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














April 26, 2005
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html

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

















Man gets 10 to 15 years after struggle with police
Jackson Citizen Patriot (MI)
Friday, August 6, 2004
http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html

A Jackson man who struggled with three city police officers during his arrest will spend 10 to 15 years in prison...

A jury last month acquitted Landrum of the most serious offense of attempting to murder an officer, but convicted him of four counts: assault with intent to do great bodily harm against Officer Timothy Hibbard ; resisting and obstructing police causing injury, and two counts of resisting and obstructing officers Ryan LePeak and Brent Craft... 












August 05, 2004
http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html

Gerald Landrum sentenced for assault on Officer Timothy Hibbard...
















Court upholds judge's sentence
Jackson Citizen Patriot (MI)
Friday, July 16, 2004
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html

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...

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... 
















July 13, 2004
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html

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



















Man beats rap, faces time
Jackson Citizen Patriot (MI) 
Thursday, July 8, 2004 


A man accused of attempting to kill a Jackson police officer and take his gun was acquitted Wednesday of those charges, but still faces up to 20 years in prison. 

A jury found Gerald Landrum guilty of a lesser count of assault with intent to cause great bodily harm less than murder to Officer Timothy Hibbard in his April 17 arrest... 














Officers detail 'lethal' situation
Jackson Citizen Patriot (MI)
Wednesday, July 7, 2004
http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html

...Assistant Prosecutor Allison Bates on Tuesday showed the video recorded from a police patrol car, but will rely on testimony from three Jackson police officers - one of whom Landrum allegedly attempted to kill. 

"He got his right arm around my throat, his left arm going around my body," Officer Timothy Hibbard testified. "I could feel the jerking on my holster and gun."... 












April 17, 2004
http://michiganoidv.blogspot.com/2004/04/officer-timothy-hibbard-gerald-landrum.html

Gerald Landrum was charged with attempted murder of Officer Timothy Hibbard. During his arrest, Landrum choked Officer Hibbard and attempted to wrestle the officer's gun out of its holster.














Incident draws stiff sentence
Jackson Citizen Patriot (MI)
Thursday, December 12, 2002
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html

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... 







December 11, 2002
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html

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
http://michiganoidv.blogspot.com/2002/08/officer-timothy-hibbard-samuel-m-thomas.html

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

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

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... 







August 15, 2002

During a traffic stop, Samuel Thomas dragged Officer Timothy Hibbard several yards with his vehicle - at speeds estimated to be upwards to 40 mph. Officer Hibbard suffered a broken neck.

Wednesday, January 1, 2014

01012014 - Warren Police Officer Arthur Gill - Retaliation For Reporting Officer Anwar Khan For Child Abuse























FYI: Under MCL 722.623 law enforcement officers are LEGALLY MANDATED to report an act of child abuse/suspected child abuse.  PERIOD!
























Judge: No separate trials for accused Warren ex-cop
Macomb Daily
Nov 13, 2014
https://www.macombdaily.com/news/nation-world-news/judge-no-separate-trials-for-accused-warren-ex-cop/article_619788c3-0ce7-5d24-9c13-81221140aede.html

A fired Warren police commander will not get separate jury trials on charges of assaulting a man and retaliating two months later against a fellow officer who reported the alleged confrontation, a judge ruled Thursday.

Former patrol sergeant Arthur Gill's lawyer, however, plans to appeal 37th District Judge Matthew Sabaugh's decision.

'We believe that due process requires Art Gill to have separate trials,' defense attorney Steven Kaplan said. 'We were hopeful that the judge would grant him separate trials for the two different alleged incidents. We believe the Circuit Court is likely to grant our relief.'

Gill faces three misdemeanor charges: assault or assault and battery; false report of a misdemeanor; and intentional filing of a false report of child abuse. Each offense is punishable by up to 93 days in jail.

The charges are rooted in a January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads.

Gill ordered Carlton Torres from the home to the porch where he 'asked Mr. Torres something about some dogs,' according to a lawsuit filed against Gill by Torres. 'Then without warning, provocation or justification, Gill slugged Mr. Torres in the chest with his fist,' the lawsuit states.

Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. After reviewing police reports, the Macomb County Prosecutor's Office refused to issue any charges against Torres for the incident.

Torres says Gill lied on a police report by saying that Torres 'swatted my right hand from him' before striking Torres in the chest, according to the lawsuit, filed in U.S. District Court in Detroit.

Torres' version was backed by Warren police officer Anwar Khan, who was at the scene.

Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against the officer to Child Protective Services.

Kaplan believes evidence would be prejudicial if applied by one jury weighing Gill's fate on all three counts.

Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when Police Commissioner Jere Green fired him in April.

Gill has told The Macomb Daily the charges are 'retribution' for complaints he has made in the Warren Police Department over the years.

A Circuit Court decision on whether Gill should receive separate trials may not come for another 90 days, Kaplan said. Another hearing in district court is expected to be held before then. A jury trial is scheduled for March 16, 2015.

The charges are a blemish on his Gill's reputation, said Kaplan, a former assistant Macomb County prosecutor.

'He does miss police work,' Kaplan said. 'He was a successful command officer. He wishes to
return to his vocation.' Gill's wife also works as a Warren police officer. She returned to work last week after giving birth eight weeks ago, Kaplan said.

Torres' civil lawsuit accuses Gill of excessive force, unlawful arrest and assault. He claims he suffered scrapes and bruises, humiliation, embarrassment, mental anguish, humiliation, outrage, and also indignity of being arrested and incarcerated for something he did not commit.












Former Warren cop jailed for allegedly threatening psychologist
Macomb Daily 
Jun 14, 2019

A former Warren police commander is being held in jail in lieu of a $1 million bond accused of threatening a potential witness in his criminal case, according to a media report.

Arthur Gill, 54, was jailed Wednesday by a St. Clair Shores judge in connection with his criminal case in which he is accused of assaulting a man while working as a Warren cop and retaliating against a fellow officer who witnessed the incident by making false report with state Child Protective Services.

Gill’s criminal case dates to 2014, and the case at one point was transferred to 40th District Court in St. Clair Shores.

Last weekend, Gill showed up at a psychologist's office in Birmingham and threatened the doctor, who is set to testify in his case, according to the report aired by WJBK-TV (Fox 2). Macomb County Prosecutor Eric Smith, who has yet to respond to inquiries from The Macomb Daily about the case, said in the report also found on the TV news station's website that Gill told the psychologist, "Your reputation is going to be ruined" and "nothing good is going to come out of this.”

Gill appeared in district court for intimidating witnesses and violating his bond, which was reset at $1 million.

The case dates back to January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads. Gill is accused of punching Carlton Torres in the chest “without warning, provocation or justification,” according to a federal lawsuit by Torres.

Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. The county Prosecutor's Office refused to issue any charges against Torres.

Torres says Gill lied on a police report by saying that Torres “swatted my right hand from him” before striking Torres in the chest, according to the lawsuit. Torres' version was backed by Warren police officer Anwar Khan, who was at the scene. Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against him to Child Protective Services.

Torres' lawsuit was voluntarily dismissed in 2015, according to court records.

Gill is charged with assault and battery, filing a false police report and filing a false report of child abuse, all misdemeanors. His trial was scheduled to start Monday but will be delayed, the report says.

Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when then-police commissioner Jere Green fired him in April 2014.

Gill has told The Macomb Daily the charges are “retribution” for complaints he has made in the Warren Police Department over the years.












Felony assault charge dropped against suspended Warren police officer
Macomb Daily
Aug 12, 2020

A felony charge was dismissed from the criminal case against a suspended Warren police officer who still faces four misdemeanors for a recent incident at his Washington Township home.

Judge Denis LeDuc of 42 Court in Romeo on Wednesday dismissed a charge of assault with a dangerous weapon against Anwar Khan, 48, who was accused of pointing a gun at his ex-wife’s boyfriend, Stephen Wright. The incident occurred during an altercation July 4 outside of Khan’s Washington Township home.

The dismissal came following a preliminary examination for the lone felony charge against Khan. 

“The judge said he found the complaining witness’s testimony not credible,” said Khan’s attorney, John Dakmak. “There was conflicting statements about how the gun was use and the type of gun used.”

Wright gave two statements to police prior to his testimony.

The hearing was held remotely by video.

The assistant Macomb County prosecutor handling the case could not be immediately reached for comment Wednesday.

Wright claimed Khan punched and pointed a gun at him that morning after he went outside to find his teenage daughter in a wooded area with Wright and another man.

Khan denies he had a gun when he went to confront Wright and the second man, who ran away, Dakmak said.

LeDuc agreed to add a misdemeanor assault-and-battery charge against Khan for the alleged punch. Khan still faces two domestic assault charges for allegedly assaulting his wife and daughter around the same time. He also faces a misdemeanor for refusing to provide a DNA sample.

A pretrial in the case is set for Sept. 15.

Khan’s divorce from his wife, Melissa, was finalized in January, and he has custody of their three children, Dakmak said. Khan’s wife typically lives separately but was staying there for the weekend to visit her children, he said.

Khan, a 20-year police veteran, is on unpaid administrative leave from the Warren Police Department, Dakmak added.