Former Traverse City manager strikes plea deal
UpNorthLive
March 15, 2015
Former Traverse City Manager, Jered Ottenwess, pleaded no contest to one count of domestic violence and one count of attempted assault on Thursday.
Ottenwess' two other charges will be dropped. A no contest plea is treated like a guilty plea at sentencing.
Ottenwess was charged with two counts of domestic violence and two counts of attempted assault against a police officer.
Now, the Grand Traverse County Prosecutor is asking Grand Traverse County Sheriff's Department to investigate the way Traverse City Police handled the Ottenwess investigation.
Police were called to Ottenwess' home Feb. 16 after a woman called 911 saying he had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
Earlier in court on Thursday, the judge approved a bond modification to allow Ottenwess to pick up personal belongings and stay at his home a couple of days before the pretrial.
Ottenwess also asked to have communication with his wife and children. The judge denied that request saying it was too early in the process.
Currently, Ottenwess' wife and children are staying with family downstate.
Ottenwess' sentencing is scheduled for March 16.
UPDATE: Ottenwess sentenced to 730 days of probation
Traverse City Record-Eagle (MI)
March 16, 2015
TRAVERSE CITY — Former Traverse City Manager Jered Ottenwess called himself "grateful" to stand before 86th District Court Judge Thomas J. Phillips.
"It may seem paradoxical given the circumstances, but I am grateful because I have the opportunity for redemption," he said Monday during a sentencing hearing. "I behaved reprehensibly and caused terrible suffering for my family. I accept full and unequivocal responsibility for my actions."
An alcohol-fueled incident brought Ottenwess, 36, into Phillips' courtroom, and drastically affected his life and career. Ottenwess, since the Feb. 16 altercation, resigned his position as city manager, entered a treatment program and pleaded no contest one count each of domestic violence and attempted assault of a police officer.
Phillips sentenced Ottenwess to 730 days of probation. Grand Traverse County Prosecutor Bob Cooney called the sentence "typical" of how local judges treat domestic violence cases, but noted the term of probation is about twice as long as usual.
"I think that probably had something to do with alcohol dependency and level of assaultive behavior in this case," he said.
Police officers found a profane and aggressive Ottenwess on Feb. 16 when they responded to a 911 call from his house. Police reports state that he pushed his wife, threw things at his mother and had to be tackled and handcuffed before authorities took him to Munson Medical Center, where he attempted to bite a police officer.
The case also spurred Cooney to request a probe by Grand Traverse County sheriff's investigators into how Traverse City police initially responded to the incident. City police officials didn't inform prosecutors about the incident for days and continued to refer to it as a medical issue.
Grand Traverse County sheriff's Capt. Chris Clark said investigators are continuing their probe.
Ottenwess' wife, who was listed as the victim in his no contest plea to domestic violence, told Phillips she didn't see what happened on Feb. 16 as a domestic violence incident.
"This is an alcoholism issue," she said. "I do not feel I am the victim of a domestic violence crime. My children and I are victims of what the system has done to my husband and our family. My family has suffered immense trauma and pain as a result of the local media and the criminal investigation."
Cooney noted that Ottenwess did plead to a domestic violence charge. He said that Ottenwess' wife's statements are similar to those given by other victims in the 400 domestic violence cases his office handles every year.
Phillips said domestic violence is an intrusive area of law and he understood why Ottenwess' wife felt as she did.
"I feel she is not happy with the system, but I hope that when the defendant completes his probation she'll look back at it a bit differently than she looks at it today, " he said. "That's my hope. That happens often."
Phillips credited Ottenwess for seeking help after the incident and said he should continue his current treatment program. He said Ottenwess must undergo twice-daily alcohol testing, attend a 12-step program five days a week and undergo a batterer's intervention program. He also lifted a no contact provision between Ottenwess and his family.
Ottenwess' attorney Matthew Vermetten said he found the sentence to be fair. Vermetten said in court that he hoped the case would ultimately lead to a positive change in Ottenwess' life.
"In no small measure, I believe that this is a good thing," he said.
Former Traverse City manager sentenced to probation
UpNorthLive
March 16, 2015
Mon, 16 Mar 2015 18:22:28 GMT — Former Traverse City Manager Jered Ottenwess was sentenced Monday to two years of probation for one count of domestic violence and one count of attempted assault.
"I behaved reprehensibly," said Ottenwess. " I cause terrible suffering for my family and I except full and unequivocal responsibility for my actions."
Ottenwess' wife spoke at the sentencing saying she believes it's a personal issue and should have stayed out of the court.
"I do not feel I am the victim of domestic violence crime," said Kristina Ottenwess. "My children and I are victims of what the system has done to my family. My family has suffered immense trauma and pain as a result of the local media and this criminal investigation."
As part of his probation guidelines, Ottenwess can't consume any alcohol or drugs, have firearms, or have those items in his house. Ottenwess' also cannot enter a bar or anywhere that serves alcohol. Ottenwess will continue the program he's is on now and will have five meetings a week, batterers intervention program, drug testing twice a month, as well as alcohol testing twice a day.
Ottenwess' no contact provision has been lifted so he can have contact with his wife.
Ottenwess was facing up to a year behind bars.
Ottenwess pleaded no contest to those charges March 5 and his two other charges were dropped.
Police were called to Ottenwess' home Feb. 16 after a woman called 911 saying he had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
According to a criminal complaint released late Thursday afternoon, Ottenwess assaulted his wife and another female in the home. Ottenwess is also accused of trying to assault two Traverse City Police Officers.
Former Traverse City manager sentenced after drunken encounter with police
MLive
Mar. 17, 2015
GRAND TRAVERSE COUNTY, MI -- Former Traverse City manager Jered Ottenwess was sentenced Monday to two years of probation for domestic violence and attempted assault of a police officer and could have his record sealed from public view.
Police responded to Ottenwess' home Feb. 16 after his mother called 911 to say he was tearing up the house.
When police arrived, one officer noted Ottenwess was extremely intoxicated and struggling to stand. He transitioned between moments of crying and loud laughing and ran through his yard with bare feet and no coat, the officer wrote in a police report.
The officers handcuffed Ottenwess and placed him into an ambulance, where he said he was going to "(expletive) kill" one of the officers. He was placed in restraints at the hospital, the police report said.
According to the report, a blood-alcohol test showed a level of 0.39, nearly five times the legal driving limit of 0.08.
As part of his probation, Ottenwess must submit to regular alcohol and drug testing, finish an an alcohol treatment program and take part in a 26-week batterers intervention program looking at the root causes of domestic violence, Grand Traverse Prosecutor Bob Cooney said.
Michigan law allows defendants who have not previously been convicted of an assaultive crime to defer sentencing pending the successful completion of probation in a first-time case of domestic violence. Once probation is completed successfully, the court can dismiss the proceedings against that person without adjudication of guilt.
Ottenwess will have this opportunity, and unless he violates probation and is found guilty, his court record pertaining to the domestic violence case will not be public, per state guidelines, Cooney said.
Cooney called Ottenwess' probation a standard sentence, and said he sees similar penalties in about 400 cases of domestic violence each year. Typically, the term of probation is only one year, Cooney said, but in the case of Ottenwess, the two years was likely given because of a high blood-alcohol content and the level of assaultive conduct.
Ottenwess earlier pleaded no contest to the charges and has resigned from his position as the Traverse City manager.
Criminal charge requested against Traverse City Police captain
UpNorthLive
April 02, 2015
Criminal charge requested against Traverse City Police captain
UpNorthLive
April 02, 2015
Thu, 02 Apr 2015 15:07:38 GMT — Captain Mike Ayling of Traverse City Police could face criminal charges for his handling of the Jered Ottenwess investigation.
Grand Traverse County Sheriff's Office has requested one charge of willful neglect of public duty against Capt. Ayling. In a statement by Chief Michael Warren of Traverse City Police Department, "Captain Michael Ayling remains in his assigned position as Division Commander of Patrol."
This request has been handed to Prosecutor Bob Cooney Wednesday afternoon who requested a special prosecuting attorney due to a potential conflict of interest. That request was approved Thursday by the Attorney General appointing Jim Rossiter, Antrim County Prosecutor, as special prosecutor regarding Mike Ayling.
"I did get to personally review the report and I do believe our Sheriff and in particular Lt. Giddis and Lt. Barsheff did an outstanding job of conducting a full thorough investigation of the matter," said Prosecuting Attorney Bob Cooney.
Police were called to the home of Jered Ottenwess, former Traverse City manager, on Feb. 16 after a woman called 911 saying Ottenwess had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
Traverse City Police responded to the home. According to Grand Traverse County Central Dispatch, the incident was reported to police as a disorderly call.
Cooney was not notified about the situation until days after when Traverse City Police went to his office, asking him whether or not he thought that a crime had been committed.
"Normally I wouldn't be notified three days later about whether to conduct an investigation or not," said Cooney. "I'm not notified of every investigation that goes on. But it's unusual that I would be contacted about whether to conduct an investigation three days after the fact. Obviously it makes our job a lot more difficult."
Cooney says a report was not made by Traverse City Police. As to why, Cooney says he was given the explanation by city police officers that it was a medical incident, despite central dispatch labeling it as a disorderly call.
Based on the information he was given, Cooney says he immediately advised that everything be forwarded to the Grand Traverse County Sheriff's Office for an investigation.
Grand Traverse County Sheriff, Tom Bensley, says they too were notified about the incident on Thursday, and says that they immediately began investigating.
7&4 News asked multiple times to speak with Traverse City Police back in February but they declined to answer any of our questions about their initial investigation.
The ultimate decision is up to the prosecutor whether to authorize charges against Capt. Ayling and what those charges are going to be.
Ayling called ex-Chief Soffredine for Ottenwess advice
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — Traverse City police Capt. Mike Ayling called retired city police Chief Ralph Soffredine for advice about handling a situation that involved a drunken and violent city official.
Soffredine acknowledged he spoke with Ayling on Feb. 16, after a disturbance at former city Manager Jered Ottenwess' house.
That phone call to Soffredine, who retired as Traverse City's police chief in 2003 after 21 years with the department, is one aspect of Ayling's conduct that Grand Traverse County sheriff's investigators looked into during a month-long probe into how city police responded to the incident.
Investigators on Wednesday submitted a report to Grand Traverse County Prosecutor Bob Cooney that requested a willful neglect of duty charge against Ayling, a misdemeanor crime that Soffredine doesn't believe applies to the situation Ayling described to him.
"I think it's ridiculous," Soffredine said.
Soffredine said Ayling contacted him with concerns about a drunken Ottenwess, who had to be tackled and handcuffed, eventually being released from Munson Medical Center. He said Ottenwess' .395 percent blood-alcohol content made the matter a "medical situation" first.
"They could always come up with a charge later on," Soffredine said, though he acknowledged state law requires police to investigate and submit reports to prosecutors within 48 hours of a suspected domestic violence incident.
City police officers did not complete any reports until after Grand Traverse County Prosecutor Bob Cooney learned about the situation on Feb. 19. Cooney directed sheriff's detectives to take over the investigation and Ottenwess eventually pleaded no contest to domestic violence and attempted assault of a police officer.
Soffredine said Ayling told him a phone had been ripped from a wall at Ottenwess' house, but not about a reported shove or anything else that indicated domestic violence took place. He didn't believe Ayling knew about those facts.
"There was no cover up with this," he said.
Investigation into city police complete
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — A month-long probe into how Traverse City police handled an incident at the former city manager's house is complete.
Grand Traverse County Prosecutor Bob Cooney last month directed county sheriff's detectives to investigate whether city police officials broke the law when they failed to properly investigate a domestic violence situation at Jered Ottenwess' home on Feb. 16.
Grand Traverse County Sheriff Tom Bensley said he delivered investigators' findings to prosecutors late Wednesday. He declined to comment on any requested charges.
Ottenwess later pleaded no contest to misdemeanor criminal charges of domestic violence and attempted resisting, obstructing or assaulting a police officer and resigned from his post as city manager.
Ayling's actions focus of criminal probe
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — City police Capt. Mike Ayling played a central role in city police officers' failure to properly investigate a domestic violence crime committed by former city Manager Jered Ottenwess.
Now Ayling — a veteran police officer who commands the city police patrol division — is staring at a possible misdemeanor criminal charge. Ayling was the lone person named by Grand Traverse County sheriff's investigators in an arrest warrant request forwarded this week to Grand Traverse County Prosecutor Bob Cooney.
The warrant request seeks a willful neglect of duty criminal misdemeanor charge against Ayling, and comes on the heels of a sheriff's investigation into how Traverse City police officers responded to a Feb. 16 domestic violence crime at Ottenwess' Fifth Street home.
Ottenwess' mother on that day called 911 and reported a belligerently drunken Ottenwess, 36, was tearing up their house and had tried to hit her. Police who responded to the call tackled and handcuffed Ottenwess before taking him to Munson Medical Center where his rampage continued.
Two city police officers -- a patrolman and a sergeant -- responded to Ottenwess' house, but Ayling stepped into the case late that afternoon as the command officer.
Ayling and those officers for days failed to write reports, document property damage or communicate with prosecutors, even though state law requires police to take all three actions within 48 hours of responding to a domestic violence incident.
Sheriff's deputies' reports outline several steps they took as part of their domestic violence probe, including listening to Ottenwess' mother's 911 call and obtaining a search warrant to photograph and document evidence at Ottenwess' home.
City police reports, which were written only after Cooney became involved in the case, indicate city officers initially took none of those steps.
Ayling first entered the scene when he fielded a phone call from city police Sgt. Keith Gillis, who responded to Ottenwess' house. Ayling in late February said he told Gillis to prevent Ottenwess from committing a crime, then Ayling headed to the hospital. He subsequently made many of the decisions that played out over the next few days and persistently framed Ottenwess' situation as solely a medical matter.
Ayling later acknowledged his direction to Gillis could explain why fellow responding officer Mark Witczak didn't tell Ayling, by then the supervising officer at the hospital, that Ottenwess tried to bite Witczak's hand as he was wrestled on to a hospital bed.
Still Ayling stuck to the medical emergency characterization until at least Feb. 27, when he also contended the attempted bite of Witczak was a "very, very minor assault," that didn't break skin.
Ottenwess later pleaded no contest to a criminal misdemeanor of attempting to resist and obstruct an officer — Witczak. He also pleaded no contest to one count of misdemeanor domestic violence committed against his wife.
Ayling in late February offered two different accounts of when he first learned that Ottenwess' wife stated in a hospital petition that her husband pushed her, a physical act that could be considered domestic violence.
One of those accounts suggested Ayling and other officers learned about the assault accusation as early as Feb. 17 at about 5 a.m., but Ayling said there was no need to immediately act on the accusation because Ottenwess at the time was committed to the hospital for at least three days.
Ayling's own Feb. 20 police report included a passage about receiving a phone call from Ottenwess' wife a couple days after the incident.
"(She) called me and said she got a phone call from Jered stating that he thought he was betrayed by the police and that I was trying to get him fired ... I assured her I was doing everything I could to get Jered help and help him keep his job."
Ayling on Feb. 27 said police did nothing wrong when a Record-Eagle reporter asked if a criminal investigation into his department’s handling of the case was possible.
“I think that’s a ridiculous question,” Ayling said.
City police captain doesn't think he committed crime
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — Traverse City police Capt. Mike Ayling said he doesn't believe his actions in a response to an incident at the former city manager's house constituted a criminal act.
"I don't, but it's not up for me to say. It's up to the prosecutor," Ayling said today.
Grand Traverse County sheriff's investigators requested a misdemeanor charge — willful neglect of duty — in their probe into Ayling and other city police officers' handling of a Feb. 16 incident involving highly intoxicated former city Manager Jered Ottenwess. Prosecutor Bob Cooney said he'll be requesting a special prosecutor.
Ottenwess pleaded no contest to domestic violence and attempted assault of a police officer, a conviction that came about after Cooney directed sheriff's investigators to take over the case. Ayling contended at the time the Ottenwess case involved a medical emergency, not a crime.
Ayling, when asked if he treated Ottenwess differently than any other suspect, responded:
"I don't know if I can answer that, because … I don't know. I tried to be as impartial as I could, I guess that’s the only way I can answer,” he said.
UPDATE: Police captain could face charge in Ottenwess case
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — Willful neglect of duty.
That's the criminal charge Traverse City police Capt. Mike Ayling could face after a probe into how he and other city police officers handled a Feb. 16 incident at former city Manager Jered Ottenwess' house.
The probe remains open, but Grand Traverse County Sheriff Tom Bensley delivered what he called a "substantially complete" report to prosecutors late Wednesday. The report's 50-odd pages detail interviews with current and former police and city officials about Ayling's actions, which Ayling contends do not constitute criminal activity.
"I don't, but it's not up for me to say. It's up to the prosecutor," Ayling said.
Grand Traverse County Prosecutor Bob Cooney prompted the investigation, but won't authorize charges. Pursuing a case against Ayling could be a conflict of interest, he said, and he's asked for a special prosecutor to review the matter.
Antrim County Prosecutor Jim Rossiter said he received word Thursday that the state Attorney General's office assigned him the case.
Traverse City police Chief Michael Warren didn't return a call for comment.
'A potential neglect of duty'
The probe focuses on how city police handled the highly intoxicated, profane and belligerent Ottenwess, who directly supervised Warren and the city police department. Ayling termed the situation a medical matter, and city commissioners were kept in the dark about Ottenwess' behavior for a week.
Cooney learned of the Ottenwess incident on Feb. 19, then assigned sheriff's detectives to launch a criminal probe of Ottenwess.
Sheriff's detectives quickly realized their city police counterparts didn't write reports or listen to a 911 call in which Ottenwess' mother told a dispatcher her son tore up his house and had tried to hit her. Their probe resulted in four misdemeanor criminal counts against Ottenwess, and Cooney said the findings prompted him to ask the sheriff's department to review how city police handled the incident.
"Because following the investigation of the Ottenwess matter, based on the reports in those cases, it appeared there may have been a potential neglect of duty by one or more officers," Cooney said.
Ayling responded to Munson in a supervisory capacity after a city patrol officer and sergeant responded to the original scene. Ayling persistently framed the situation as solely a medical matter, a stance that effectively kept city commissioners, the public and media, even Cooney in the dark for days.
Ayling, when asked on Thursday if he treated Ottenwess differently than any other suspect, responded:
"I don't know if I can answer that, because, I don't know. I tried to be as impartial as I could, I guess that’s the only way I can answer,” he said.
'Ridiculous'
Two Grand Traverse County sheriff's lieutenants -- Brian Giddis and Chris Barsheff -- handled the probe of city police. Cooney declined to release the report before a decision on potential charges, but called it "wide-ranging" and "thorough."
Giddis said this week that the investigation partly delved into phone calls made by officials shortly after the incident. Among them: a call Ayling made to former long-time police Chief Ralph Soffredine on Feb. 16, after police responded to Ottenwess' home.
Soffredine, who retired as Traverse City's police chief in 2003 after 21 years with the department, acknowledged Ayling reached out for advice. He believes the situation Ayling described that evening didn't warrant the potential criminal charge.
"I think it's ridiculous," Soffredine said.
Soffredine said Ayling contacted him with concerns about a drunken Ottenwess, who had to be tackled and handcuffed. Ayling wondered what to do with Ottenwess upon his release from Munson Medical Center. He said Ottenwess' .395 percent blood-alcohol content made the matter a "medical situation."
Ottenwess never was jailed and moved from Munson to a treatment facility in Grand Rapids.
"They could always come up with a charge later on," Soffredine said, though he acknowledged state law requires police to investigate and submit reports to prosecutors within 48 hours of a suspected domestic violence incident.
Soffredine said Ayling told him a phone had been ripped from a wall at Ottenwess' house, but not about a reported shove or anything else that indicated domestic violence took place. He didn't believe Ayling knew about those facts.
"There was no cover up with this," Soffredine said.
Acting city Manager Penny Hill, who learned about the Ottenwess incident but didn't relay that information to city commissioners, said sheriff's investigators also interviewed her. She declined further comment.
Blue slip
Giddis said any police report forwarded to the prosecutor comes with a request for charges -- a "blue slip."
Cooney said Ayling is the only suspect listed on the warrant request. He said willful neglect of duty is a misdemeanor punishable by up to a year in jail, and it's possible further review could lead to additional, different or no charges against Ayling.
"The police know when they send over a complaint for prosecution what they're requesting a review for isn't necessarily what will get charged," he said.
Cooney said a review could lead to charges against other suspects. But that decision likely won't be up to him.
"The reasons for that are I'm involved as a potential witness to some of the pertinent facts in that Capt. Ayling talked to me about the incident," he said. "In fact, since I directed the sheriff to conduct the investigation, I'm actually the complaining witness."
Cooney also pointed to his close working relationship with Ayling, who is one of three top city police administrators with whom Cooney has regular contact.
Rossiter said he's starting to sift through the police report. He said he has no timeline for when he'd come to a decision, but he hopes it will happen soon.
"You don't want to let any case linger longer than necessary," he said.
'Bad news for the city'
Traverse City Mayor Michael Estes said he tracked the probe's progress since it began. He called the potential charge against Ayling "bad news for the city."
"Obviously, word of this is disappointing no matter what the outcome," he said. "I would hope there is no evidence of wrongdoing, but if there is I'd hope the city would make the appropriate decision."
City Commissioner Ross Richardson declined comment until he knew more about the case.
Ayling remains on active duty as the department's patrol commander.
Police conduct in Traverse City manager's drunken arrest to be reviewed by prosecutor
MLive
Apr. 02, 2015
GRAND TRAVERSE COUNTY, MI -- Sheriff's authorities have submitted for review by a prosecutor an investigative report containing an in-depth look at how police handled an encounter with a drunken Traverse City manager in January.
Former City Manager Jered Ottenwess resigned after a Feb. 16 encounter with police at his home following a 911 call from his mother regarding his erratic behavior.
Ottenwess had a .39 blood-alcohol level, tests later showed, and was "tearing up part of the house," his mother reported.
What followed was a series of profanities spoken by Ottenwess to two officers, moments of crying and loud laughing, and Ottenwess running through his yard with bare feet and no coat, a police report showed.
Ottenwess was later sentenced to two years of probation for domestic violence and attempted assault of a police officer.
Grand Traverse Prosecutor Bob Cooney requested Grand Traverse sheriff's authorities conduct a review of how Traverse City Police handled the situation.
A report from that review was given to Cooney Wednesday afternoon, he told MLive and The Grand Rapids Press. The report examines the conduct of multiple officers, including a captain.
Cooney submitted a request to the state Attorney General's Office to have another prosecutor appointed to examine the report to see whether any charges are warranted. Cooney's office announced Thursday that Antrim County Prosecutor Jim Rossiter has been assigned the case.
Cooney said he was interviewed by police as a complaining witness in the Ottenwess case.
Rossiter will look at whether there was any neglect of duty on the part of responding Traverse City Police, Cooney said.
It will be up to the appointed prosecutor to decide whether any charges result, and what those charges will be.
Editorial: City must run an open city manager search
Traverse City Record-Eagle (MI)
April 4, 2015
The issue: Traverse City Commission conducting its own search for new manager
Our view: City has to be transparent, forthcoming about candidates
The Traverse City Commission has taken what appear to be good first steps in its effort to find a new city manager, but the tough decisions are yet to come.
Commissioners must commit themselves now to be as transparent and forthcoming as possible, which starts by letting voters and taxpayers know as much as they can about the people who want to lead the city.
As of last week, 20 people from around the country had applied.
The city has to replace former manager Jered Ottenwess, who was convicted of domestic violence and attempted resisting and obstructing a police officer during a drunken rampage; he resigned his post March 2.
After hiring the Michigan Municipal League to find the city's last two managers, city commissioners decided to run this search themselves and named a three-person search committee.
That's a reasonable position on its face. It gives the commission a front-row seat in the process and likely would have happened anyway. Commissioner Barbara Budros, who went through the last two hiring efforts, said commissioners tended to involve themselves in almost every step of the process, and likely didn’t need a search firm.
There may be aspects of the search that will be more difficult than commissioners bargain for. This time around, the city must do a much better job of vetting candidates and learning about their backgrounds - and sharing what they know with the public - than the last time out.
It wasn't until Ottenwess had been on the job for some time that city leaders found out he had been involved in a controversy in Ishpeming, where he was manager, and had fired the city police chief. The chief later sued for wrongful termination and collected $70,000 and the city paid he and other former employees more than $200,000 for health care coverage.
Ottenwess didn't necessarily act improperly in Ishpeming, but it was information the city needed to know before hiring him. It must also be said some people felt he was in over his head and unprepared to run Traverse City.
Doing thorough background checks may not be easy for a three-person city commission committee; but it must be done and done well.
Most of all, the city must avoid a repeat of the process Traverse City Area Public Schools just went through to hire a new superintendent. That ordeal was marked by excessive secrecy and by the board of education lowering its minimum requirements to make room for Paul Soma, who was eventually hired.
The names of 12 of the 20 initial applications have been forwarded to city commissioners, who asked for applicants to have prior city manager experience and at least a bachelor’s degree.
Three would-be candidates have requested confidentiality. Only one of the applicants is a woman, and her resume and information was not forwarded to the full commission.
Public interviews with finalists are planned, but citizens should have at least some access to the entire pool of candidates.
This is a crucial hire for the city, particularly given the major issues the city will soon face (likely Clinch Park lawsuits and building a proposed fishing pier among them) and the fact Ottenwess had not set the bar very high.
Getting it right is the only option.
Special prosecutor wants more information
Traverse City Record-Eagle (MI)
April 10, 2015
TRAVERSE CITY — A special prosecutor asked Grand Traverse County sheriff's investigators to look into additional aspects of a case involving how a city police captain handled a drunken episode at the former Traverse City manager's home.
The request could add to the already-lengthy police under review by Antrim County Prosecutor Jim Rossiter, who took over the case from his Grand Traverse County counterpart Bob Cooney after investigators requested a criminal charge against Traverse City police Capt. Mike Ayling.
Rossiter didn't return a call for comment Friday, but said this week he hadn't reached a decision. He said he continued to delve into the report detailing city police response to a Feb. 16 drunken disturbance caused by Traverse City's then-manager Jered Ottenwess.
"I've asked for a couple details to be looked into," he said.
Ottenwess' no contest plea to domestic violence and attempted assault of a police officer came after Grand Traverse County sheriff's detectives took over the investigation. City police officials took days to alert Cooney to the incident. That prompted Cooney to not only shift the case to the sheriff's department, but also direct a probe into how city police responded.
Investigators last week turned in their report with a requested charge against Ayling. Grand Traverse County sheriff's Capt. Randy Fewless said he and lead investigator Lt. Brian Giddis both spoke with Rossiter this week about the case.
"There was a little more information asked for," said Fewless who declining to comment further.
Traverse City police Chief Michael Warren didn't return multiple calls for comment.
UPDATE: Traverse City police chief to retire
Traverse City Record-Eagle (MI)
April 13, 2015
TRAVERSE CITY — Longtime Traverse City Police Chief Michael Warren is set to retire.
Warren served with the city department for more than 40 years. His last day is scheduled to be June 27.
City commissioners said Warren's retirement did not come as a surprise and his retirement could open the door to a review of the police department.
"The retirement of Chief Warren has been talked about and expected for some time," Traverse City Mayor Michael Estes said. "I think it's always been a matter of just when the announcement was going to come out."
Warren presided over the department during a recent investigation at former city Manager Jered Ottenwess' home, where police found a combative and inebriated Ottenwess.
A local prosecutor is considering a criminal charge against one of Warren's commanding officers, Traverse City Police Capt. Mike Ayling, for the city police department's handling of the Feb. 16 incident.
Warren did not return requests for comment.
City commissioners said they didn't think the investigation had anything to do with Warren's decision.
"This was a planned retirement. He's been talking about it for quite some time," said city Commissioner Jim Carruthers. "He has a good career behind him and a good future retirement ahead of him."
Carruthers called Warren a "stable and steady" chief who was not heavily involved with city commission meetings.
The city manager normally would appoint a new police chief, but Acting city Manager Penny Hill told commissioners she will not appoint Warren's replacement. That decision will be left to the next city manager.
Estes applauded Hill's decision, even if it means the position goes unfilled after Warren leaves.
"I would imagine even if the new city manager is on board it will take more than a few days to understand what is going on in the police department so I don't see that job being filled immediately," Estes said.
Estes said the city can find someone in the department to handle the chief's responsibilities in the interim. Asked if Ayling should be considered for the position of acting chief, Estes responded: "That would not be my number one choice."
Candidates for the city manager position can expect to field questions about how they would manage the police department, both Estes and Commissioner Ross Richardson said.
"I might focus a little more on questions about management of the police force and that kind of thing," Richardson said.
Warren's retirement may also open up an opportunity for a review of the police department. Estes wants to consider contracting for police services with the Grand Traverse County Sheriff's Department.
Richardson said city officials should consider a thorough review of the police department.
"I don't think it would be a bad thing for the commission to review policies and procedures," he said. "Certainly Warren's retirement provides a good opportunity to review the whole department top to bottom."
Editorial: Timing ideal to probe TC police department
Traverse City Record-Eagle (MI)
April 20, 2015
The issue: TC police department has no chief, city has no manager
Our view: The department is ripe for review
It's not often the stars align in a way that so clearly marks the favored path of public business.
But such is the case with the Traverse City police department; city officials would be missing a major opportunity if they don't take advantage of a combination of circumstances to take a long and detailed look at the inner workings of the department and make needed changes.
Last week, Traverse City Police Chief Michael Warren announced he was retiring after more than 40 years with the department. In February, former City Manager Jered Ottenwess resigned after police were called to his house; he later pleaded no contest to one count each of domestic violence and attempted assault of a police officer. And Antrim County Prosecutor Jim Rossiter has been asked by the state Attorney General's office to look into a report of how city police handled Ottenwess' arrest to determine if there had been criminal conduct on the part of Traverse City police Capt. Mike Ayling.
The city and the department, then, are at a crossroads that provides the commission a perfect opportunity to look at past practices, how the department is organized, how much the chief is/was involved in day-to-day operations and who leads.
By charter, the city manager is in charge of the police department and questions about the department and decisions - like who will be the next chief - are up to the manager.
But there is no city manager and no chief and a top department official is under investigation for how he handled the Ottenwess arrest. If not now, when?
There's no doubt such a review is needed. Warren has been, at best, a place-keeper who was apparently content to leave decisions - and errors, big and small - to underlings.
And there have been errors. Last year, for instance, Ayling came unglued when the Record-Eagle reported that the death of a homeless man was a homicide and reported the name of the suspect. Ayling said he didn't want to alert the public that police were looking for the man because they didn’t want him to hear about it and flee. But it turned out the suspect had been in custody - and his mug shot was taken - a day before Ayling said he couldn't alert the public. So Ayling lied to the media and the public about a homicide suspect.
Warren rarely returned phone calls from the media and may have never attended the daily morning press briefing. He was the department's invisible man - invisible to city officials and the public alike. Typically, Warren did not even return requests for comment for the story announcing his retirement.
Candidates for the city manager position can expect to field questions about how they would manage the police department, Mayor Micheal Estes and Commissioner Ross Richardson both said.
Those questions would mean a lot more if city leaders have already done their own review of the department's structure and practices, understand its inner workings, and know who is who.
“I don’t think it would be a bad thing for the commission to review policies and procedures,” Richardson said. “Certainly Warren’s retirement provides a good opportunity to review the whole department top to bottom.”
Yes, it does, as does the fact that the city is currently without a manager. A timely review won't have to go through that filter, and anything Antrim Prosecutor Rossiter discovers should add to the picture.
This is a golden opportunity to open the department to some fresh air and sunshine - and it could no doubt use both. It's a chance not to be missed.
Charge filed against Traverse City Police captain
UpNorthLive
April 21, 2015
Charge filed against Traverse City Police captain
UpNorthLive
April 21, 2015
Tue, 21 Apr 2015 15:25:46 GMT — Traverse City Police Captain Mike Ayling has been placed on paid administrative leave after a charge was filed for how he handled the Jered Ottenwess investigation.
The Grand Traverse County Sheriff's Office says an arrest warrant was issued Tuesday for Capt. Ayling on a charge of willful neglect of duty. The sheriff's office says Capt. Ayling turned himself in to the Grand Traverse Jail Tuesday around 9 a.m.
Capt. Ayling's arraignment is scheduled for Wednesday.
A special prosecuting attorney was requested due to a potential conflict of interest. Antrim County Prosecutor, Jim Rossiter, was appointed as special prosecutor regarding Mike Ayling.
According to Rossiter, law enforcement officers who respond to domestic violence incidents' are required to file a report and that report must be filed with the prosecutor's office within 48 hours. Upon reviewing the investigation that was conducted by the Grand Traverse County Sheriff's Department, Rossiter said he did not feel that happened in this case.
"Is he guilty, is he innocent? Don't know...he's just been charged," said Sheriff Tom Bensley.
Traverse City Police Chief Mike Warren said he was disappointed to hear the charge was filed against Ayling.
"Not with anybody in particular, just with the entire process," said Warren. "It's been going on well over two months now and it's just not a good situation for people and their families that are involved."
Warren is set to retire from the department in late June. He says the investigation had nothing to do with him retiring, and says he told staff about it in December.
"There's no animosity here towards the sheriff's department nor has there been," said Warren. "They were asked to do a job and they did a job. If my people were asked to do the same thing they would do it."
Police were called to the home of Jered Ottenwess, former Traverse City manager, on Feb. 16 after a woman called 911 saying Ottenwess had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
Traverse City Police responded to the home. According to Grand Traverse County Central Dispatch, the incident was reported to police as a disorderly call.
Grand Traverse County Prosecuting Attorney Bob Cooney was not notified about the situation until days after when Traverse City Police went to his office, asking him whether or not he thought that a crime had been committed.
"Normally I wouldn't be notified three days later about whether to conduct an investigation or not," said Cooney. "I'm not notified of every investigation that goes on. But itâ??s unusual that I would be contacted about whether to conduct an investigation three days after the fact. Obviously it makes our job a lot more difficult."
Cooney says a report was not made by Traverse City Police. As to why, Cooney says he was given the explanation by city police officers that it was a medical incident, despite central dispatch labeling it as a disorderly call.
Based on the information he was given, Cooney says he immediately advised that everything be forwarded to the Grand Traverse County Sheriff's Office for an investigation.
Grand Traverse County Sheriff, Tom Bensley, says they too were notified about the incident and says that they immediately began investigating.
If found guilty, Ayling faces one year behind bars and/or a $1,000 fine.
As far as his job with the police department, Mayor Michael Estes says the decision would ultimately be up to the City Manager. Penny Hill is currently the acting City Manager.
"Of course as an acting City Manager, right now I would hope that if there were any substantial changes made with anybody with the city, especially at a higher level, that that would be a discussion that was also had with the city commission," said Estes.
Mayor Estes says he doesn't expect any decisions involving the city commission anytime in the near future.
Charge filed against police Capt. Ayling
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — A prosecutor authorized a misdemeanor charge against Traverse City police Capt. Mike Ayling following a probe into his handling of an incident at a former city manager's house.
Ayling faces a charge of willful neglect of duty, according to an 86th District Court criminal complaint signed this morning. The charge follows a Grand Traverse County Sheriff's Department investigation into city police response to a February incident at former city manager Jered Ottenwess' home.
State officials assigned Antrim County Prosecutor Jim Rossiter as a special prosecutor after sheriff's investigators requested a criminal charge against Ayling.
A warrant has already been canceled and a court date is yet to be scheduled.
Police captain to face 'neglect of duty' charge for city manager investigation
MLive
April 21, 2015
TRAVERSE CITY, MI -- A Traverse City police captain is facing a misdemeanor charge of "willful neglect of duty" for the handling of a February investigation into drunken, assaultive behavior of then City Manager Jered Ottenwess.
A prosecutor on Tuesday, April 21, authorized a warrant for willful neglect of duty against Capt. Mike Ayling.
The decision was made by Antrim County Prosecutor James Rossiter.
He looked at the case after Grand Traverse County Prosecutor Robert Cooney expressed concern that he wasn't notified about the Ottenwess incident until three days after it happened.
Police asked him then whether he thought a crime might have been committed, according to a report in Upnorthlive.com
Ottenwess ultimately was charged with domestic violence and attempted assault of a police officer and sentenced to two years of probation in March.
Those charges stemmed from a Feb. 16 encounter with police at Ottenwess' home. Officers went there after his mother called 911 to report he was tearing up part of the house.
In the moments to follow, police reports show that Ottenwess struggled with police after he was taken to the hospital. He had a blood alcohol level of 0.39.
Ayling went to the hospital to speak with Ottenwess, his wife, and two Traverse City police officers who responded to Ottenwess' home.
Ayling is to be arraigned Wednesday, April 22, in Grand Traverse County District Court.
TC police captain set for arraignment
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — It's a safe bet any 20-year-plus Traverse City Police Department veteran has been inside a courtroom many times, but Capt. Mike Ayling on Wednesday will find himself in court in a most unenviable position: As a criminal defendant.
Ayling, 52, is scheduled for arraignment in 86th District Court on a misdemeanor count of willful neglect of duty.
A special prosecutor -- Antrim County Prosecutor Jim Rossiter -- authorized the charge this week after reviewing a Grand Traverse County Sheriff's Department report into how city police responded to a Feb. 16 domestic violence incident at then-city Manager Jered Ottenwess' home.
State law requires police to investigate and submit reports to prosecutors within 48 hours of a suspected domestic violence incident. Rossiter said a probe by sheriff's investigators found evidence Ayling didn't follow that law.
"Based on the report, that was not complied with," Rossiter said.
City officers found a highly intoxicated, profane and belligerent Ottenwess and took him to Munson Medical Center. But sheriff's investigators, who took over the case days later, found city officers initially didn't write reports, follow up on evidence, or otherwise pursue a possible domestic assault case.
Ayling and another city police officer approached Grand Traverse County Prosecutor Bob Cooney days after the incident, and Cooney called in the sheriff's department to investigate Ottenwess. Sheriff's officials then sought charges against Ottenwess, and Cooney authorized two domestic violence counts and two counts of attempted assault of police.
Ottenwess, who directly supervised city police Chief Michael Warren and the city police department, eventually pleaded no contest to one count each of domestic violence and attempted assault of a police officer.
Ayling initially made several decisions that effectively kept information about Ottenwess' behavior from Cooney and city commissioners. Ayling continually termed the incident a medical matter, and dismissed questions about a possible criminal probe into his response to the Ottenwess situation.
"I think that's a ridiculous question," Ayling said on Feb. 27, a day after Cooney authorized charges against Ottenwess. "I don't think there was anything inappropriate done. If you do, get it out and probe it away."
A subsequent probe is exactly what led Ayling to surrender to a warrant Tuesday morning at Grand Traverse County's jail; he later was released on an interim bond. The investigation came at Cooney's behest because he had concerns that city police neglected to perform their jobs in the Ottenwess case.
Two Grand Traverse County sheriff's lieutenants -- Brian Giddis and Chris Barsheff -- handled the subsequent investigation. They requested a willful neglect of duty charge against Ayling, a move that prompted Cooney to seek a special prosecutor -- Rossiter -- because of a potential conflict of interest.
A criminal complaint lists several witnesses with whom investigators spoke, including Tom Gilbert, a former judge turned Traverse City-based attorney and addiction counselor whom Ayling contacted shortly after the Ottenwess incident. Gilbert previously said he spoke with investigators, but declined to comment as to why Ayling turned to him.
“I’m not going to talk about Capt. Ayling, OK?” Gilbert told the Record-Eagle on April 3.
Barsheff referred questions about the Ayling case to Sheriff Tom Bensley, who said he didn't have much knowledge of the probe.
"I just don't get involved in every little detail," he said.
Warren didn't have much to say about the charge against Ayling, who had been considered his possible successor.
"I really don't (have a comment)," Warren said of Rossiter's decision. "(Rossiter) reviewed the investigation and felt that was warranted."
Warren said he placed Ayling on paid administrative leave Tuesday morning. He said Ayling will remain on leave until the case is resolved. He declined further comment because he could be called as a witness in a potential trial.
"This man hasn't been found guilty or negligent of anything right now," Warren said.
Ayling declined to comment for this story.
Traverse City Mayor Michael Estes said he wasn't surprised by the charge.
"But I am very concerned and I think the appropriate first steps have been taken, from my investigation," Estes said.
Commissioner Jim Carruthers said he wanted to see police reports and more information about Ayling’s charge and the corresponding investigation before he commented.
"For us to be informed and to be fair to staff, I think we need to know exactly what (Ayling’s) been charged with, or what they feel he did wrong so we can evaluate it ourselves and understand it better," he said.
City police Capt. Jeff O’Brien said he’s scheduled to take over command of the department’s patrol division on Wednesday, and Sgt. Jim Bussell is scheduled to manage the department’s detective’s bureau, O’Brien’s current assignment.
Ayling is scheduled for a bond review hearing at 9 a.m. and arraignment before Judge Thomas J. Phillips at 9:45 a.m.
Chief speaks on Ayling case
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — City police Chief Michael Warren didn't have much to say about a criminal charge authorized this week against city Capt. Mike Ayling, who had been considered Warren's possible successor.
Warren plans to retire in June, but his final days in a 40-year-plus tenure could be embroiled in a high-profile criminal case against Ayling, 52, who faces a misdemeanor count of willful neglect of duty.
Antrim County Prosecutor Jim Rossiter authorized the charge after reviewing a Grand Traverse County Sheriff's Department probe into how city police responded to a drunken and violent Feb. 16 incident at then-city Manager Jered Ottenwess' home.
"I really don't (have a comment)," Warren said of Rossiter's decision to pursue a charge against Ayling. "(Rossiter) reviewed the investigation and felt that was warranted."
The probe focused on how city police responded to a call at Ottenwess' house, where they found him highly intoxicated, profane and belligerent. Ayling termed the situation a medical matter, a stance that effectively kept city commissioners in the dark about Ottenwess' behavior for a week.
Ayling, Warren and then-assistant city Manager Penny Hill were aware of Ottenwess' situation. Hill told commissioners Ottenwess would be away from work for a week with an undisclosed medical situation. Neither Warren nor Ayling alerted commissioners of the Feb. 16 incident.
Ayling is charged with failing to prepare and file a police report within 48 hours of a domestic violence incident. Ottenwess, who directly supervised Warren and the city police department, eventually pleaded no contest to domestic violence and attempted assault of a police officer.
Warren said he placed Ayling on paid administrative leave this morning. He said Ayling will remain on leave until the case is resolved. He declined further comment because he could be called as a witness in a potential 86th District Court trial.
"This man hasn't been found guilty or negligent of anything right now," Warren said.
Ayling served as the department's patrol division head, a position that fellow Capt. Jeff O'Brien will take over. Warren said Sgt. Jim Bussell will take over O'Brien's duties as head of detectives.
Warren declined to comment on whether he thought Ayling was a good candidate for the department's next chief. He said Ayling had been "one of the persons under consideration."
TC police Capt. Ayling placed on leave
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — City police officials placed Capt. Mike Ayling on administrative leave after a prosecutor authorized a misdemeanor charge against Ayling following a probe into his handling of an incident at the-then city manager's house.
Ayling surrendered to county sheriff's deputies today and is scheduled to be arraigned on Wednesday.
Ayling declined comment to a Record-Eagle reporter today.
Traverse City Mayor Michael Estes said he wasn't surprised by the charge against Ayling.
"But I am very concerned and I think the appropriate first steps have been taken, from my investigation," Estes said.
Estes said he learned that Ayling, 52, was placed on administrative leave today during a phone call with acting city Manager Penny Hill. He did not know if Ayling will be paid while on leave, how long the leave might last, or what next steps city officials make take while addressing the issue.
"The next step is something as a city commission we will have to discuss as a body," Estes said. "In light of the fact that he's on administrative leave, I don't see why we'd have to do anything immediately."
Ayling faces a charge of willful neglect of duty, according to an 86th District Court criminal complaint signed this morning. The charge follows a Grand Traverse County Sheriff's Department investigation into a city police response to a Feb. 16 incident at former city Manager Jered Ottenwess' home.
Ottenwess was heavily intoxicated; his mother called 911 to report he was tearing up his house and had attempted to hit her.
The charge was authorized Monday, one week after longtime city Police Chief Michael Warren announced he plans to retire at the end of June, a move city commissioners said they don't believe is related to the investigation into how Ayling and other officers handled a domestic violence situation at Ottenwess' home on Feb. 16.
Estes stressed that news of the charge authorized against Ayling was "very preliminary," but he said that action, along with Warren's planned retirement, will give commissioners a chance to weigh in on the city's police department's state. Commissioners' input will be valuable to whoever becomes Traverse City's new manager, Estes said.
"I think it's very important for the commissioners to express their opinions about this entire situation, and the police department in general, before the city manager makes a new selection for police chief, and I would like that to be in public," he said.
"I think the rank-and-file officers do a very good job. I've had some concerns about the upper echelon of the department for some time, and I fully expect that I will go into that in more detail when we convene as a public body, and I am very interested in hearing the opinions of other city commissioners as they relate to this issue."
Timeline of events leading up to charges against Ayling
Traverse City Record-Eagle (MI)
April 21, 2015
Feb. 16: At 2:46 p.m. Former Traverse City city Manager Jered Ottenwess’ mother calls 911 from Ottenwess’ Fifth Street home. She said her son destroyed parts of the house and tried to harm her.
Traverse City police officer Mark Witczak and Sgt. Keith Gillis respond to the call and find a drunk, belligerent and uncooperative Ottenwess. Ottenwess makes an aggressive approach toward emergency personnel and the two officers handcuff him.
Ottenwess is taken to Munson Medical Center and placed into restraints. The two officers help and Ottenwess bites down on Witczak’s glove. Ottenwess has a blood alcohol level of .395.
Sgt. Gillis calls Traverse City police Capt. Mike Ayling to tell him what happened. Ayling arrives at Munson and speaks to Ottenwess’ wife and doctor. He also calls retired city police Chief Ralph Soffredine to get advice about the situation.
Feb 17: At 4 a.m. Ayling returns to the hospital until it’s decided Ottenwess should be admitted for further evaluation about three hours later.
Traverse City police Chief Michael Warren tells then-Assistant City Manager Penny Hill that police responded to an incident at Ottenwess’ home. Neither Hill nor Warren report the incident to city commissioners.
Feb. 19: Grand Traverse County Prosecutor Bob Cooney learns of the incident and directs the Grand Traverse County Sheriff’s Department to take over the investigation.
Sheriff's department investigators contact Ottenwess' family and Child Protective Services.
Feb. 20: Capt. Randy Fewless requests dispatch recordings, and Ottenwess' medical records. The Traverse City police officers who responded to the incident submit police reports.
Feb. 23: Authorities confirm Ottenwess was the subject of a disorderly complaint.
Feb. 24: Authorities obtain a search warrant for the Ottenwess home and take photographs of the home, including of a broken baby gate and a dent in the wall.
Feb. 25: Witczak files a supplement to the initial report that includes more observations about the Ottenwess home.
Feb. 26: Cooney authorizes charges — two counts of domestic violence and two counts of attempting to resist and obstruct police — against Ottenwess.
Feb. 27: Ottenwess arraigned in district court; offers to resign as city manager.
March 2: City officials accept Ottenwess’ resignation.
March 5: Ottenwess pleads no contest to one count each of domestic violence and attempted resisting, obstructing or assaulting a police officer.
City commissioners learn Cooney ordered an investigation into city police's handling of the incident.
March 16: Ottenwess sentenced to 730 days of probation.
April 1: County Sheriff Tom Bensley delivers a report to prosecutors that details Ayling's actions the night he responded to the incident. Sheriff's detectives requested a willful neglect of duty charge against Ayling.
April 13: City police Chief Warren announces his retirement.
April 20: Antrim County Prosecutor Jim Rossiter authorizes charges against Ayling for willful neglect of duty.
April 21: A charge against Ayling is filed. He's put on administrative leave and surrenders to sheriff's deputies.
Future unclear for Ayling, TCPD
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — City police Capt. Mike Ayling is on paid administrative leave while his criminal misdemeanor case plays out in the judicial system.
But what a potential criminal conviction means for Ayling's professional career — and his department's future — remained unclear Tuesday, the day after Antrim County Prosecutor Jim Rossiter authorized a willful neglect of duty charge after reviewing a probe into city police officers' response to a drunken and violent Feb. 16 incident at then-city Manager Jered Ottenwess' home.
Several city officials said they don't know if police Chief Mike Warren, who plans to retire soon, plans an internal investigation. Warren and police Capt. Jeff O'Brien did not respond to inquires about a possible internal probe of the city police department.
City Commissioner Ross Richardson said officers face tough decisions about how to deal with lawbreakers every day. Richardson added he didn't have enough facts to say whether the Ottenwess incident — which resulted in Ottenwess' conviction on two criminal misdemeanors and led to his resignation as city manager — warranted an internal police department investigation.
"We have to give them some latitude in how they exercise their judgment, but we also can’t have a situation where, depending on who you are, you either do or don’t get arrested, and I think that’s the situation with this case."
Ayling declined comment when contacted by the Record-Eagle.
Traverse City Mayor Michael Estes on Tuesday morning said news of the Ayling charge was "very preliminary," but he said that action, along with Warren's upcoming retirement, will give commissioners a chance to publicly weigh in on the police department's state. Commissioners' input will be valuable to Traverse City's next city manager, Estes said.
"I think the rank-and-file officers do a very good job," he said. "I've had some concerns about the upper echelon of the department for some time, and I fully expect that I will go into that in more detail when we convene as a public body, and I am very interested in hearing the opinions of other city commissioners as they relate to this issue."
State law requires the Michigan Commission of Law Enforcement Standards to revoke a police officers' certification if he or she is convicted of a criminal felony. The charge against Ayling is a misdemeanor.
A piece of legislation pending in the state Senate would expand that requirement to misdemeanors, like assault, domestic violence and stalking, but not willful neglect of duty.
Robert Stevenson, executive director for the Michigan Association of Chiefs of Police, said department leaders must decide on their own how best to address officers' misdemeanor convictions.
"For police chiefs, if it's not one of those crimes where it's enumerated that you're going to lose your license, then it's a case-by-case basis, and there's a lot of variables that go in to it," he said.
Teamsters Local 214 represents the city police department's captains and sergeants. Bob Donick, a business representative with the union, said everyone has the right to be presumed innocent of criminal charges until proven otherwise.
Donick said he knew little about Ayling's situation.
"The union will not get involved unless the captain wants it," he said.
Traverse City Police captain pleads not guilty
UpNorthLive
April 22, 2015
Wed, 22 Apr 2015 14:13:59 GMT — Traverse City Police Captain Mike Ayling pleaded not guilty to a charge of willful neglect of duty.
Capt. Ayling appeared in court Wednesday after turning himself in to the Grand Traverse Jail Tuesday morning.
The charge stems from how he allegedly handled the Jered Ottenwess investigation.
Capt. Ayling has been placed on administrative leave.
A pretrial has been scheduled for May 5.
Ayling pleads not guilty at arraignment
Traverse City Record-Eagle (MI)
April 22, 2015
TRAVERSE CITY — An attorney for Traverse City Police Capt. Mike Ayling entered a not guilty plea on a neglect of duty charge during an 86th district court arraignment this morning.
Antrim County Prosecutor Jim Rossiter this week authorized the willful neglect of duty charge after reviewing a probe into city police officers' response to a drunken and violent Feb. 16 incident at then-city Manager Jered Ottenwess' home.
Ayling, who is on paid administrative leave, declined comment following his arraignment.
A pretrial is scheduled for May 5.
Ayling arraigned on neglect of duty charge
Traverse City Record-Eagle (MI)
April 22, 2015
TRAVERSE CITY — A pair of swift court hearings marked Traverse City police Capt. Mike Ayling's first foray into the criminal justice system as a defendant.
Ayling, 52, of Traverse City, did not speak Wednesday morning in 86th District Court as his attorney Shawn Worden entered a not guilty plea on his behalf to a willful neglect of duty charge. Judge Thomas Phillips set the case for a May 5 pretrial hearing.
Ayling, a 23-year city police veteran, maintained his silence after the minute-long arraignment; he declined to comment for this story.
Antrim County Prosecutor Jim Rossiter, who authorized the charge this week, likewise declined to comment on whether he believed Ayling gave former city Manager Jered Ottenwess special treatment in response to a Feb. 16 incident with a drunken and violent Ottenwess.
But Rossiter spoke up about how "context" may be important in Ayling's potential trial.
"You can't look at behavior in a vacuum," he said.
That behavior is chronicled in a lengthy, as-yet-unreleased police report by Grand Traverse County sheriff's investigators who delved into Ayling's and other police officers' response to the incident at Ottenwess' home.
City officers arrived to find an aggressive and drunken Ottenwess — who directly supervised police Chief Michael Warren and the department — but didn't write police reports until days later when Grand Traverse County Prosecutor Bob Cooney finally learned about the situation.
Cooney then directed the sheriff's department to begin an investigation, a move that resulted in criminal charges and Ottenwess' eventual conviction on one count each of domestic violence and attempted assault of a police officer.
Cooney, concerned with a potential neglect of duty by city police, also directed sheriff's investigators to probe how city officers responded to the incident. He requested a special prosecutor — Rossiter — when investigators came back with a report on April 1 that requested a willful neglect of duty charge against Ayling.
Rossiter this week authorized that charge. A criminal complaint states Ayling neglected to prepare and file a police report with a prosecutor within 48 hours of a domestic violence incident — a requirement under state law.
Ayling appeared Wednesday in district court for a bond review and an arraignment in front of Magistrate Tammi Rodgers and Phillips, respectively. Rodgers continued a $100 interim bond that Ayling posted Tuesday after appearing at Grand Traverse County's jail.
The hearing lasted only seconds longer than the short arraignment that followed in front of Phillips in which Worden said Ayling would waive a reading of the charge. Worden didn't return a call for comment.
Rossiter said a potential trial likely would last longer than those in other misdemeanor cases. He said he didn't know if the case would go to trial, but said he wouldn't have brought the charge if he weren't prepared to do so. He said he'd have to prove the charge's "elements" — that Ayling didn't fulfill his public duty to complete a report in the Ottenwess matter.
“I think anybody, regardless of their position, has to be accountable for their actions,” he said.
Ayling probe report released
Traverse City Record-Eagle (MI)
April 23, 2015
TRAVERSE CITY — A redacted, 57-page police report details a criminal case against Traverse City police Capt. Mike Ayling, who stands accused of neglect of duty in his response to a domestic assault at the former city manager's home.
Staff for Antrim County Prosecutor Jim Rossiter's office released the report Thursday afternoon in response to a Freedom of Information request from the Record-Eagle. Rossiter -- a specially appointed prosecutor -- used the report in his decision this week to charge Ayling with willful neglect of duty.
Ayling, 52, helped respond to and effectively took over a drunken and violent incident at then-city Manager Jered Ottenwess' home, a situation he maintained was a medical matter. Ottenwess eventually faced criminal domestic violence and attempted assault of a police officer charges after Grand Traverse County sheriff's investigators took over the case.
The redactions mostly center on a section detailing Ayling's responses to deputies' questions about why he didn't investigate the incident as a criminal matter. Ayling told investigators Ottenwess' apparent alcohol problem was the "overwhelming issue" in his response.
"Ayling said that he is convinced that Ottenwess' wife is not a battered wife, and the wife and kids and mother all wanted Jered Ottenwess to get treatment," the report states. "Ayling said his number one goal was to help the family."
Two Grand Traverse County sheriff's lieutenants -- Brian Giddis and Chris Barsheff -- conducted the investigation at county Prosecutor Bob Cooney's request. Cooney sought a special prosecutor after investigators requested a criminal charge against Ayling.
Rossiter didn't return a call for comment. An administrative assistant said he'd be away from the office until Monday.
Antrim County Prosecutor releases report on police captain investigation
UpNorthLive
April 24, 2015
Fri, 24 Apr 2015 13:07:51 GMT — The Antrim County Prosecutor's office has released the redacted 57 page report that resulted in the filing of a charge of willful neglect of duty against Traverse City Police Captain Mike Ayling.
The report is from the Grand Traverse County Sheriff's Department. They were asked to look into the way Ayling handled the investigation into an incident involving former Traverse City Manager Jered Ottenwess.
The report is 57 pages long and lists 21 witnesses. Those interviewed include Chief Michael Warren and several Traverse City Police officers.
Along with Assistant City Manager Penny Hill and Grand Traverse County Prosecutor Bob Cooney.
Traverse City Police were called to Ottenwess' home February 16 after a woman called 911 saying he had been drinking for days and acting aggressively.
A report on the incident was not filed for several days.
Chief: Police report could be basis for internal investigation
Traverse City Record-Eagle (MI)
April 25, 2015
TRAVERSE CITY — City police Chief Michael Warren said he may conduct a separate internal investigation in the wake of a criminal charge against city police Capt. Mike Ayling.
Then again, he may not.
It all depends on whether Warren's review of a lengthy investigative report by two Grand Traverse County sheriff's lieutenants indicates to him any potential department policy violations committed by Ayling or other police officers in their response to a Feb. 16 disturbance at former city Manager Jered Ottenwess' home.
As of Friday afternoon, Warren said he's seven pages into the 57-page investigation document that Antrim County Prosecutor Jim Rossiter publicly released on Thursday.
"There is going to be an internal done, but this report may very well constitute the internal," Warren said.
The report forms the crux of a criminal case against Ayling, 52, who's charged with willful neglect of duty in 86th District Court. He's accused of neglecting to file a police report with prosecutors within 48 hours of a domestic violence incident.
Investigators found evidence Ayling received several warnings from city police colleagues that he should alert prosecutors to potential signs of domestic violence committed by Ottenwess, 36, the report states. But Ayling didn't heed that advice and instead deemed the situation a medical matter.
"Ayling was adamant there was no crime committed at all," the report states.
Warren said his officers receive regular training on domestic violence cases, mostly recently this month. He'll read the report with an eye toward potential policy violations, but he said the report may be exhaustive enough that he won't back to "ground zero" to conduct more investigation.
"This is 57 pages long; it covers every single facet of that situation," he said.
Grand Traverse County Undersheriff Nate Alger said he couldn't comment on city police procedures, but his department generally conducts separate internal investigations when accusations surface of wrongdoing or criminal activity by sheriff's personnel. He said a police report into criminal activity might not cover questions about policy violations that could be answered by an internal investigation.
"We would do both," Alger said. "Certainly, a police report from an outside agency would be the bedrock of that investigation."
City attorney Lauren Trible-Laucht said Friday morning she'd not been informed of any internal investigation.
"Not that I’m aware of," she said. "That would be up to Chief Warren."
"If he thinks that's necessary and he needs my advice, I'm sure he'll ask me."
Traverse City Mayor Michael Estes said he doesn't know if there should be an internal investigation. He said he's not finished reading the investigative report.
The report states Ayling maintained the situation was a medical matter, a stance that ensured city officials and the public remained unaware of Ottenwess' drunken and violent behavior -- both at his home and Munson Medical Center -- for a week. It also potentially ran afoul of state law in domestic violence cases because it kept reports from Grand Traverse County Prosecutor Bob Cooney for days.
Ayling and another city officer eventually told Cooney, who then directed sheriff's investigators to take over the Ottenwess case. The subsequent investigation prompted Ottenwess' conviction on one count each of domestic violence and attempted assault of a police officer.
Ayling's actions led to another directive from Cooney to the sheriff's department: a March 2 memorandum requesting a "formal investigation into possible wrongdoing by the Traverse City police officers from the domestic situation response," according to the resulting police report.
That ended with a special prosecutor -- Rossiter -- filing a criminal case against Ayling.
Ayling's attorney Shawn Worden didn't return a call for comment.
Editorial: TC residents must call for police department probe
Traverse City Record-Eagle (MI)
April 25, 2015
It’s time for Traverse City’s political leadership to steer the city out of the black hole that has been the city police department and shed some much-needed light - and heat - on the department’s internal workings.
The timing for an internal investigation could not be better. Long-time city police chief Michael Warren is retiring; Capt. Michael Ayling, who was widely considered to be Warren’s heir-apparent, is facing a charge of willful neglect of duty for his handling of former city manager Jered Ottenwess after Ottenwess went on a weekend-long bender. And for all intents and purposes, there is no city manager.
Given the internal and external crises the department is facing without any formal leadership in place, the department needs such a review as much as citizens and taxpayers may want one.
Most important is that the city cannot let the Ottenwess incident pass without a thorough review of the actions of its officers and its command staff then and in the past.
In the Ottenwess incident, was Ayling acting on his own? Did Warren exercise any oversight? Did Warren know what was going on? How did Ayling respond to suggestions from other officers? Why did he go outside the department to former chief Ralph Soffredine for advice in the midst of the investigation? Did Warren even know that he had done that?
While some of those are questions particular to the Ottenwess situation, others deal with more general departmental issues that must be answered. Are there acceptable procedues in place? Are they followed?
This isn’t the first time Ayling has been caught making his own rules.
After the beating death of a homeless man last year, Ayling said he didn’t want the media to use the name of a suspect because he didn’t want the man to hear about it and flee. In fact, police knew where the suspect was before Ayling made his pronouncement. Ayling had lied to the media and the public about a homicide with no apparent fallout from above.
There are dozens of questions surrounding the Ottenwess situation and dozens more about how the department has been run during the Warren years. He was widely known as the department’s invisible man and for letting his command officers essentially run the department for him.
Citizens deserve answers to those questions and many more, and the only process that will provide them is a detailed internal investigation and critical scrutiny of the results. The criminal case against Ayling will likely provide some answers, but not all.
There is virtually no way for the city commission to conduct such a review. They don’t have the time or the expertise to do what needs to be done and there are too many political ramifications in the way. The best solution, then, is for the city to find a trusted outside agent with the expert knowledge and independence to know what questions to ask and then get the needed answers. And that can’t mean recycling some past city official or local law enforcement to do the job. The city desperately needs professional insight and expertise and must be willing to pay for it.
This doesn’t have to happen overnight, but it must happen soon. The commission is looking for a new city manager and that person, by charter, is the one to oversee the department - and conduct any effort to hire a new chief.
An internal probe, then, must begin before a new manager is hired. The new manager must know what is being done and be prepared to act on any findings. A competent review must include suggestions on needed structural and internal changes, which could be many.
City commissioners have to jettison their continuing tendency to put off tough decisions to give lesser options a try. That’s dithering, not leadership, and it is way past time someone took the reins at the police department.
The moment is now. City residents must demand answers, and it’s up to the city commission to provide them or explain to voters and taxpayers why they didn’t.
Police captain will go to trial
Traverse City Record-Eagle (MI)
May 5, 2015
TRAVERSE CITY — A Traverse City police captain will go to trial on a misdemeanor willful neglect of duty charge.
Eighty-sixth District Court administrator Carol Stocking said a special prosecutor and an attorney for city police Capt. Mike Ayling, 52, met and could not reach a plea deal. She said a three-day trial will be scheduled, but she didn't yet have a court date.
Ayling helped respond to and effectively took over a drunken and violent incident at then-city Manager Jered Ottenwess' home, a situation he maintained was a medical matter. Ottenwess eventually faced criminal domestic violence and attempted assault of a police officer charges after Grand Traverse County sheriff's investigators took over the case.
UPDATE: Police captain moves closer to trial
Traverse City Record-Eagle (MI)
May 5, 2015
TRAVERSE CITY — A Traverse City police captain is one step closer to a trial that could feature testimony from colleagues who urged him to investigate a potential domestic assault by the former city manager.
Mike Ayling, 52, doesn't yet have a court date, but 86th District Court documents state he'll be scheduled for a three-day trial on a willful neglect of duty charge. He rejected a plea to another charge, according to a pretrial statement signed Tuesday.
The trial will cover accusations outlined in a 57-page police report that Ayling failed to investigate signs of domestic violence in his response to a drunken Feb. 16 incident at then-city Manager Jered Ottenwess's home. The report's witness list includes several of Ayling's colleagues and subordinates in the city police department.
Antrim County Prosecutor Jim Rossiter, who was appointed to handle the case, didn't return a call for comment Tuesday. On Monday he said he'd have to disclose who could be called to testify if a trial was set.
"Like any other case, I have to list all potential witnesses," he said.
Ayling's attorney Shawn Worden didn't return a call for comment.
A report compiled by two Grand Traverse County sheriff's lieutenants who investigated the case states Ayling received several warnings from city police colleagues that he should alert prosecutors to potential signs of domestic violence committed by Ottenwess, 36.
State law requires reports in such cases to be made within 48 hours, but Ayling waited four days before he informed Grand Traverse County Prosecutor Bob Cooney, who directed police to hand over the investigation to their sheriff's department counterparts.
Sheriff's officials soon sought charges against Ottenwess, who eventually pleaded no contest to one count each of domestic violence and attempted assault of a police officer. Cooney grew concerned with a potential neglect of duty -- Ottenwess directly supervised city police Chief Michael Warren and the city police department -- and also directed sheriff's investigators to turn their attention to how Ayling and other city police officials handled the case.
That ended with investigators requesting a misdemeanor charge against Ayling and Cooney requesting a special prosecutor -- Rossiter -- be appointed to the case. Ayling pleaded not guilty after Rossiter authorized the charge in April.
Eighty-sixth District Court administrator Carol Stocking said Rossiter and Worden communicated before a scheduled Tuesday pretrial hearing and couldn't agree on a plea. Jury selection and trial will take place in Judge Thomas J. Phillips' court.
Ayling trial scheduled for August
Traverse City Record-Eagle (MI)
May 8, 2015
TRAVERSE CITY — City police Capt. Mike Ayling now knows when a jury will decide whether he willfully neglected his duty in his response to a drunken and violent incident at the then-city manager's home.
Eighty-sixth District Court records state Ayling, 52, is scheduled Aug. 3 for a three-day jury trial. He's charged with a misdemeanor on accusations he failed to promptly investigate signs of domestic violence during an altercation at the home of then-city Manager Jered Ottenwess.
Ayling was placed on paid leave after a special prosecutor authorized the charge.
Ayling trial scheduled for August
May 8, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — It likely will be three months before Traverse City police Capt. Mike Ayling stands before a jury who will decide whether he neglected his duty to investigate a potential crime in an incident at the former city manager's home.
A three-day jury trial for Ayling, 52, will begin Aug. 3, according to 86th District Court records. But that could change if Ayling's attorney Shawn Worden reaches a resolution with special prosecutor Jim Rossiter or is successful in a planned motion to Judge Thomas J. Phillips.
"Unless it gets resolved in an acceptable way, we'll file a motion to dismiss," Worden said.
Worden is tasked with defending Ayling on accusations he failed to promptly investigate and report signs of domestic violence during a Feb. 16 altercation at the home of then-city Manager Jered Ottenwess, 36.
A report by two Grand Traverse County sheriff's lieutenants states Ayling received several warnings from city police colleagues that he should alert prosecutors to potential signs of domestic violence. Ayling instead deemed the situation a medical matter and waited days to inform Grand Traverse County Prosecutor Bob Cooney about the incident.
State law requires reports in such cases to be made within 48 hours, so Cooney directed sheriff's officials -- who also took over an Ottenwess probe that led to Ottenwess' conviction on domestic violence and attempted assault of a police officer charges -- to turn their focus on city police.
That probe ended with investigators requesting a misdemeanor willful neglect of duty charge against Ayling and Cooney requesting a special prosecutor -- Rossiter -- be appointed to the case.
Rossiter didn't return a call for comment on the trial. Worden said he'll likely file a motion with the court in the next couple weeks.
City eyes new police chief
Traverse City Record-Eagle (MI)
June 28, 2015
TRAVERSE CITY — A police captain will temporarily helm the Traverse City Police Department as city officials sift through applications for candidates to replace retiring Chief Michael Warren.
Newly installed city Manager Martin Colburn said he appointed Capt. Jeff O'Brien to serve as interim city police chief. Warren officially ended his 43-year career with the department on June 26.
That left Colburn with the task of appointing an acting chief to handle the department's day-to-day operations while applications for a full-time chief stream in before a Friday deadline. Colburn said O'Brien's knowledge and service made him an obvious choice for the temporary role.
"I'm very pleased to have him continuing on with the role in the city," Colburn said.
It'll be up to Colburn to consider who'll be Traverse City's first new full-time police chief since 2003, when Warren took over the department. Colburn said about 14 candidates submitted applications for the position so far, but he expects more to arrive this week.
One potential applicant is O'Brien, who said he's mulling a decision but needs to talk with his family. He said for now it's just an honor to serve as interim chief, though he emphasized he carries the same responsibilities as he does as captain.
"I can't make any heavy operational changes," he said. "I just kind of maintain the status quo until we get a permanent chief."
Warren, who didn't return a call for comment, leaves behind a department still reeling after a drunken and violent incident at former city Manager Jered Ottenwess' home in February. The case led to Ottenwess' resignation as city manager and conviction on domestic violence and attempted assault of police charges.
It also prompted a Grand Traverse County Sheriff's Department probe into how city police responded to the incident. That probe led a special prosecutor to pursue a willful neglect of duty charge against city police Capt. Mike Ayling, who pleaded not guilty to the charge.
Ayling had been considered a potential candidate for the next chief. He said he "didn't know" if he'd apply when reached for comment last week. Ayling's jury trial is scheduled for Aug. 3 in 86th District Court.
Colburn said Warren served the city honorably. He said he won't look at the applications for Warren's successor until after the July 3 deadline.
"They will be reviewed and analyzed in regard to experience, as well as the needs of the department and city," he said.
The chief's position offers a minimum salary of $74,971. Requirements include a Bachelor's degree or an equivalent in public administration, a residence within 20 miles of the city limits, and at least five years experience in a command position.
Traverse City Police Captain rejects plea deal
UpNorthLive
July 14, 2015
Tue, 14 Jul 2015 18:35:09 GMT — A status conference was held on Tuesday between the Traverse City Police Captain Mike Ayling's attorney and prosecutor.
Capt. Ayling rejected the plea offer of neglecting or refusing to execute process penalty which carries a 90 day maximum misdemeanor.
Ayling was charged with neglect of duty following an investigation into the way he handled a February incident involving former city manager, Jered Ottenwess.
The attorney and prosecutor spoke with the judge in chambers to come up with a set of jury instructions.
Capt. Ayling's trial are set to begin August 3rd.
Ayling rejects plea offer
July 14, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — A trial for a Traverse City police captain will go forward after he rejected a plea offer.
Michael Ayling, 52, is scheduled to stand trial Aug. 3 in 86th District Court.
A status conference scheduled today showed he turned down a prosecutor's plea offer to a misdemeanor neglect or refuse to execute process charge.
Ayling is on paid leave from the city police department pending the outcome of a willful neglect of duty charge after a Feb. 16 incident at former city Manager Jered Ottenwess' home. He's accused of failing to properly investigate a drunken Ottenwess' acts of domestic violence against family members.
Ayling rejects plea offer
July 15, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — A Traverse City police captain had "no interest" in a plea offer that would have forestalled his trial on a misdemeanor willful neglect of duty charge, his defense attorney said.
Michael Ayling, 52, will instead leave his fate up to a 86th District Court jury in an Aug. 3 trial.
That trial is set to go forward after a Tuesday status conference in which Ayling rejected a plea to another charge. Ayling's attorney Shawn Worden said Ayling had no interest in the offer and plans to fight accusations he willfully neglected his duty in his response to a Feb. 16 altercation at the home of then-city Manager Jered Ottenwess.
"At this point, this is always a case that was headed toward trial," Worden said.
Ayling is on paid leave from his city police captain's duties after a special prosecutor — Jim Rossiter, Antrim County's prosecuting attorney — charged him with a crime in April. A Grand Traverse County Sheriff's Department probe into how city police responded to the incident at Ottenwess' home found evidence Ayling failed to promptly investigate and report signs of domestic violence, a requirement of state law.
Rossiter, who didn't return a call for comment, recently offered Ayling a plea to a misdemeanor charge of neglecting or refusing to execute process, according to court documents. The charge applies to law enforcement officers who "willfully neglect or refuse to discharge or execute any special duty imposed on any such officer by any provision of law."
Worden said Ayling will stand trial on the willful neglect of duty charge.
"He doesn’t think he willfully neglected his duty," he said.
Ayling poised to stand trial
August 1, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — An "800-pound gorilla" looms in the upcoming trial of Traverse City police Capt. Mike Ayling.
Ayling's attorney Shawn Worden alluded to such a beast with what he called "specious" accusations that Ayling's ambition to be the city's next police chief affected his handling of then-city manager Jered Ottenwess' drunken, assaultive behavior in February, according to a trial brief filed this week.
Ayling, 52, is scheduled to stand trial Monday on a misdemeanor willful neglect of duty charge.
The trial could span three days and promises to draw a host of local law enforcement officials to the witness stand. Various city police and sheriff's deputies are expected to testify about Ayling's handling of a Feb. 16 incident at Ottenwess' home and later spillover at Munson Medical Center.
Jurors will be asked to decide whether Ayling -- who for days termed the Ottenwess incident a medical matter, not a crime -- himself broke the law by failing to investigate and report Ottenwess' behavior.
Grand Traverse County Prosecutor Bob Cooney learned of the Ottenwess incident days after it occurred and directed sheriff's deputies to investigate. Cooney subsequently charged Ottenwess with two counts each of domestic violence and resisting and obstructing police.
Ottenwess eventually pleaded guilty to one count each of domestic violence and attempted assault of a police officer.
Sheriff's officials then investigated Ayling's response to the incident and a prosecutor charged him with neglect of duty.
Worden said Ayling, who was placed on paid leave in April, maintains his innocence. He said officers under Ayling's command didn't give Ayling probable cause that the drunken, aggressive Ottenwess committed a crime.
"The case is about the discretion of a police officer and what a police officer can rely on when no probable cause exists," Worden said.
The sheriff's department probe of Ayling found evidence he failed to investigate and promptly report signs of domestic violence committed by Ottenwess against family members, a requirement under state law.
A special prosecutor -- Antrim County Prosecutor Jim Rossiter, who didn't return a call for comment -- filed a misdemeanor charge in April against Ayling, based on the report. The sheriff's report also details Ayling's response to a question that his potential candidacy for city police chief played into his decision of how to handle the Ottenwess incident.
"He said, 'Sure. No doubt,'" the report states. "Ayling said he knew this was going to affect that."
Ottenwess, as then-city manager, had the final say in who would replace retiring city police Chief Mike Warren.
Worden said Ayling acted to help a person in need, not further his candidacy for the chief's job. Ottenwess had a .395 percent blood-alcohol content and his clearly ill condition at the hospital made clear to Ayling that Ottenwess wouldn't have a role in any such decision, he said.
"He'll testify he knew at that point (Ottenwess) wouldn't make any decisions as city manager," Worden said.
The police report states some of Ayling's colleagues and subordinates pressed him to look into a domestic violence case against Ottenwess. It states a subordinate asked Ayling if he'd make the same decisions with a "manager of another business and somebody he did not know."
"Capt. Ayling replied that 'he would,'" the report states.
Ayling is not named in a list of applicants for the now-open police chief position.
Ayling trial begins
Traverse City Record-Eagle (MI)
August 3, 2015
TRAVERSE CITY — The trial of Traverse City Police Capt. Mike Ayling kicked off with a special prosecutor telling jurors they'll have to focus on whether Ayling willfully neglected his duty to investigate a crime.
Antrim County Prosecutor Jim Rossiter gave his opening statement today to a seven-person, 86th District jury in Ayling's misdemeanor trial. Ayling, 52, helped respond after Feb. 16 incident at former city manager Jered Ottenwess' home that eventually led to Ottenwess' domestic violence conviction.
Rossiter charged Ayling with willful neglect of duty after a subsequent Grand Traverse County Sheriff's Department probe found evidence Ayling didn't investigate signs of domestic violence at Ottenwess' home.
But Ayling's attorney Shawn Warden told jurors in his opening statement that Ayling had no probable cause to suspect a domestic violence incident took place.
Rossiter called one witness -- Officer Mark Witczak -- to the stand after the opening statements. Witczak described a chaotic situation involving the drunken Ottenwess, but said he didn't see any evidence a crime had been committed. He also said that once Ayling responded that he, as commanding officer, would have taken over any investigation.
UPDATE: Ayling trial begins
Traverse City Record-Eagle (MI)
August 3, 2015
TRAVERSE CITY — Traverse City police Capt. Mike Ayling's fate in a willful neglect of duty trial remains linked with that of former city Manager Jered Ottenwess.
"It's a case within a case," Ayling's attorney Shawn Worden told an 86th District Court jury on Monday. "You can't talk about Capt. Ayling without talking about Jered Ottenwess. You can't talk about what Capt. Ayling did without talking about what happened in the Jered Ottenwess case."
Day one of Ayling's scheduled three-day trial kicked off in the same courtroom where Ottenwess in March pleaded no contest to a domestic violence charge. The events of a Feb. 16 incident at Ottenwess' home and Munson Medical Center brought both men before Judge Thomas Phillips, but for different reasons.
Ayling, 52, supervised the incident that became the focus of two probes by Grand Traverse County sheriff's investigators -- one into Ottenwess, and the other into city police.
A special prosecutor -- Jim Rossiter, Antrim County's prosecuting attorney -- pursued a criminal case against Ayling after a subsequent Grand Traverse County Sheriff's Department probe found he didn't follow up on signs of crimes by Ottenwess.
Rossiter told jurors they needed to wrestle with whether Ayling committed willful negligence when he failed to file a police report within 48 hours, the time frame state law requires police to send prosecutors reports in domestic violence cases.
"The focus is what were Capt. Ayling's actions with the information that he knew," he said. "What did he do with the information that he received that night."
Traverse City police Sgt. Keith Gillis and Officer Mark Witczak detailed chaotic scenes a drunken Ottenwess caused at his home and Munson Medical Center. Both officers testified they didn't see any evidence of crimes, told Ayling as such, and assumed that Ayling, as their commanding officer, would take over any investigation.
Gillis testified Ayling interviewed Ottenwess' wife and helped her fill out a petition to have Ottenwess involuntarily hospitalized. That petition turned out to be critical evidence in a subsequent domestic violence case against Ottenwess.
Gillis told Rossiter that Ayling spoke to him one day after the incident and told him the petition stated Ottenwess had shoved her. Rossiter asked Gillis if he knew that earlier whether it would have changed his course of action. Gillis said it would.
"Mr. Ottenwess would have been arrested for domestic violence," Gillis said.
Traverse City police Sgt James Bussell and captain and now interim Chief Jeff O'Brien testified they questioned Ayling about why Ottenwess wasn't arrested based on information he had thrown a phone at his mother. They both told Ayling to treat the incident as a crime and took their argument to then-Chief Mike Warren.
Worden questioned both men about Warren's involvement and asked both O'Brien and Bussell if Warren should have made the decision to charge Ottenwess, given the dispute between his two captains.
"He wouldn't make a decision," O'Brien said.
The trial is scheduled to run through Wednesday.
Witnesses take stand in day one of police captain trial
UpNorthLive
August 03, 2015
Mon, 03 Aug 2015 23:07:00 GMT — Day one in the neglect of duty case involving Traverse City Police Captain Mike Ayling began Monday morning.
Captain Ayling was charged following an investigation into the way he handled a February incident involving former city manager, Jered Ottenwess.
Antrim County Prosecutor Jim Rossiter called multiple Traverse City Police Officers to the stand Monday.
Rossiter was chosen as the special prosecutor for the case due to a potential conflict of interest with Grand Traverse County Prosecutor, Bob Cooney. Cooney is expected to take the stand on Tuesday.
The officers called to the stand on Monday shared information about what happened during their response to Ottenwess' home following a 911 call from his mother saying he was drunk and being destructive in the home.
The officers who responded told Captain Ayling that to their knowledge nothing criminal had occurred and it was a medical call.
Detective Sergeant Jim Bussell took the stand later on in the day. He says Captain Ayling called him the evening Ottenwess was taken to the hospital asking for information about the Americans Disability Act.
Bussell eventually questioned Capt. Ayling about why he wanted the information. That's when Capt. Ayling explained the situation to Bussell.
Bussell questioned why Ottenwess wasn't in jail based on the information that Capt. Ayling gave him. He responded saying that it was a medical situation.
"So he told you that no one was assaulted," asked Rossiter.
"Right," Bussell responded.
"Did he give you any other details about any physical actions that took place?"
"He said at one point that Ottenwess' mother had stated that Ottenwess had thrown the phone at her."
"You've been a police officer for a long time, is throwing a phone at somebody assault behavior?"
"I told him that's an assault."
"What was his response?"
"He said the phone didn't hit her and I said well that doesn't matter."
Bussell said that Capt. Ayling told him that he wasn't treating Ottenwess' situation any differently than he would someone else.
Both Bussell and Captain Jeff O'Brien testified that they tried multiple times throughout the week to encourage Capt. Ayling to file a police report for the prosecutor to review, saying that it wasn't just a medical call.
More questions surrounded a petition statement that was filed by Ottenwess' wife for Ottenwess to remain in the hospital for medical reasons. The questions surrounded the interpretation of whether or not aggressive behavior toward her had occurred the weekend police responded to the 911 call, or in the past.
Below is the petition statement from Ottenwess' wife: