MT-July-August-2009-1
Transcription
MT-July-August-2009-1
President Vice President Tpr. Michael Moorman Tpr. Nate Johnson 1st District Representative Lansing Tpr. Rob Schwalm Brighton Tpr. Michael Sura Ithaca Tpr. Michael Zeilinger Corunna Tpr. Tim Murphy Jackson Tpr. Larry Rothman Adrian Tpr. Bill Strouse Jonesville Tpr. Keith Pillar Collins Ctr. D/Sgt. Bill Eberhardt Training/Lab S/Sgt. Jan Johnson Tpr. Ray Pechman 2nd District North Representative Metro North Tpr. Mike Zarate Richmond Tpr. Jay Morningstar Ypsilanti Tpr. Joseph Brodeur Groveland Tpr. Trevor Radke Tpr. Tim Permoda 5th District Representative Paw Paw Tpr. Richard Carlson White Pigeon Tpr. Tim Wagner Niles Tpr. Tim Thompson Bridgman Tpr. Steve Vrablic South Haven Tpr. Carey Casperson Saugatuck Tpr. Taylor Bonovetz Wayland Tpr. Kellie Summerhays Battle Creek Tpr. Adam Starkweather Hastings Tpr. Kelly Linebaugh Coldwater Tpr. Todd Price Tpr. Scott Wilber 6th District Representative Rockford Sgt. Tom Draves Reed City Tpr. Paul Stone Mt. Pleasant Tpr. James Ciochetto Grand Haven Sgt. John Tillman Newaygo Tpr. Paul Campbell Hart Tpr. Sammy Seymour Lakeview Tpr. Norma Makl Ionia Tpr. James Yeager Lab S/Sgt. Shawn Baker Region 1 (Representing Districts 1, 5, and 6) Sgt. Rep: Sgt. Dennis Harris D/Sgt. Rep: D/Sgt. Duane Hickok Region 2 (Representing Districts 2, 3, 7, and 8) Sgt. Rep: Sgt. Dale Garrow D/Sgt. Rep: D/Sgt. Mitchell Stevens Associate Membership (Retiree Committee) Gordon Gotts (Ret.)* John Boggs (Ret.) Diane Garrison (Ret.) Alan Shaw (Ret.) Roger Warner (Ret.) Dale Garrow Dennis Harris Chris Luty Constitution & Bylaws Tpr. Scott Wilber* D/Sgt. Duane Hickok Tpr. Ray Pechman Tpr. Bill Strouse Tpr. Eric Wilber Contract Bargaining Team Tpr. Michael Moorman* Tpr. Joe Cavanaugh Sgt. Dick Hale D/Sgt. Duane Hickok D/Sgt. Chris Luty Tpr. Jerry Mazurek Tpr. Scott Wilber Secretary/Treasurer D/Sgt. Christopher Luty Discipline Advocates D/Sgt. Chris Luty* Tpr. Joe Cavanaugh Sgt. Dennis Harris Tpr. Michael Moorman Tpr. Tim Permoda D/Sgt. Mitchell Stevens Tpr. Mark Tamlyn Tpr. Scott Wilber Drug & Alcohol Testing D/Sgt. Mitchell Stevens* Tpr. Nate Johnson Mr. Larry Schneider, Esq. Elections Tpr. Ray Pechman, Co-Chair Tpr. Mark Tamlyn, Co-Chair Sgt. Dennis Harris Tpr. Steve Skrbec D/Sgt. Mitchell Stevens Tpr. Scott Wilber Emergency Telephone Service Committee D/Sgt. Chris Luty Sgt. Richard Hale Tpr. Craig MacDonald 2nd District South Representative Metro South Tpr. Jake Liss Monroe Tpr. Herman Brown Detroit (d) Tpr. Craig Tuer Detroit (a) Tpr. Rich Fell Detroit (m) Tpr. Gary Melvin Gaming D/Tpr. Scott Singleton Lab S/Sgt. Tim Ketvirtis SECID D/Sgt. Bill Terry SECID D/Sgt. Ken Dilg Tpr. Joe Cavanaugh 3rd District Representative Bay City Tpr. Jay Kurowski East Tawas Tpr. Gregg Kopkau Bad Axe Tpr. Brian McComb Sandusky Tpr. Dale Brywig Flint Tpr. Dave Stokes West Branch Tpr. Paul Frechette Bridgeport Tpr. Joshua Coulter Lapeer Tpr. Eric Hofmeister Caro Tpr. Amy Hofmeister Gladwin Tpr. Everett Renauld Lab S/Sgt. Ryan Larrison Tpr. Mark Tamlyn 7th District Representative Traverse City Tpr. Rick Doehring Cheboygan Tpr. Ron Beckett Gaylord Tpr. Chris Belt Alpena Tpr. Michael Lorenz Houghton Lake Tpr. Michael Harger Cadillac Tpr. Rick Pearson Manistee Tpr. Wes Smith Petoskey Tpr. James Armstrong Kalkaska Tpr. Stephen Porter Rogers City Tpr. Steven Bullock Lab S/Sgt. Joe Stoddard Tpr. Jerry Mazurek 8th District Representative Negaunee Tpr. Jonah Bonovetz Newberry Tpr. Eric Johnson St. Ignace Tpr. Emmet Blake Manistique Tpr. Eric Gravelle Gladstone Tpr. Pat Madden Iron Mountain Tpr. Doug Cole Wakefield Tpr. Glenn Gauthier L’Anse Tpr. Steve Lanctot Stephenson Tpr. Joseph Racicot Calumet Tpr. Steve Lanctot Munising Tpr. Rich Cole Iron River Tpr. Doug Weesner Sault Ste. Marie Sgt. Frank Keck Lab S/Sgt. Jay Peterson Know your rights . . . protect your rights! Finance Sgt. Richard Hale* Tpr. John Grimshaw Sgt. Dennis Harris D/Sgt. Duane Hickok Tpr. Craig MacDonald D/Sgt. Mitchell Stevens Tpr. Mark Tamlyn Grievance Tpr. Michael Moorman* S/Sgt. Allan Avery Tpr. Joe Cavanaugh D/Sgt. Bill Eberhardt Tpr. Mike Fink Sgt. Dennis Harris Tpr. Amy Hofmeister Tpr. Heather Johnston Tpr. Jay Kurowski Tpr. Jim McRae Tpr. Scott Nichols D/Sgt. Jay Poupard Tpr. Trevor Radke Tpr. Kellie Summerhays Tpr. Mike Sura D/Tpr. Bob Tomassi D/Sgt. Sally Wolter Erika Barraza, Association Staff MCOLES Tpr. Michael Moorman Publications Sgt. John Faccio, Editor In Chief Tpr. Yvonne Brantley Tpr. Eric Byerly Tpr. Joe Donovan Tpr. Carissa Horan Tpr. Scott Nichols Tpr. Lisa Lucio Tpr. Steve Vrablic Pat Strzalkowski, Association Staff Sergeants-At-Arms Sgt. Lorne Hartwig* Sgt. Dale Goodrich Safety Tpr. Jerry Mazurek* Tpr. Joe Cavanaugh Sgt. Dale Garrow Transfer Review Board D/Sgt. Duane Hickok, Alternating Chair Tpr. Tim Permoda Tpr. Scott Wilber Uniform Equipment Tpr. Craig MacDonald* Tpr. Rick Doehring Tpr. John Grimshaw COMMITTEES * Chairman or Lead Member State Police Retirement Board Sgt. Richard Hale Office Manager – Ms. Patricia Strzalkowski Administrative Assistant – Ms. Erika Barraza Labor Counsel Ms. Kathleen Boyle, Esq. White, Schneider, Young & Chiodini, P.C. General Counsel Mr. Larry Schneider, Esq. Knaggs, Harter, Brake & Schneider, P.C. MICHIGAN TROOPER 1715 Abbey Road • Suite B East Lansing, MI 48823 Telephone: (517) 336-7782 Facsimile: (517) 336-8997 Website: www.mspta.net MAGAZINE Vol. 45, No. 4 Published by the Michigan State Police Troopers Association July/August 2009 On the Cover This billboard at EB I-96 near Cedar Street in the Lansing area, is one of 19 billboards across the state set up to draw public attention to the importance of the troopers of the Michigan State Police and their impact on the public’s safety. (Photo by Tpr. Rob Schwalm (Lansing Post). In this Issue The Thin “GREEN” Line..................................................................... 4 Voters Don’t Want Cops, Schools Cut.................................................. 5 Captain Robert H. Robertson Memorial Scholarship........................ 8 6 Yes I Qualified, But Let’s Be Fair........................................................ 10 Rothbury 2009........................................................................................12 We Are Called / Adopt-a-Cop............................................................. 14 20 12 Meet the MSP Chaplain Corps............................................................. 15 2009 July Quarterly................................................................................ 16 Sixteen Things That Every Trooper Needs to Know About “Garrity”........................................................ 18 Lansing Troopers Lend a Hand to Habitat for Humanity Project..........................................................20 16 Editor-in-Chief ............................John Faccio Layout/Typesetting.....................Pat Strzalkowski Cover Design................................Cherie Morehouse Submission [email protected] July 4th Annual Memorial 5K Race....................................................22 MSTAF 6th Annual Charitable Golf Classic.....................................30 National Troopers Coalition Picnic....................................................34 Trooper Kevin M. Marshall Memorial Golf Outing........................ 35 MSP 14th Annual Fall Color Run........................................................38 Departments President’s Point....................................................................... 2 Vice President’s View.............................................................. 3 Unit Spotlight – Pontiac Detail............................................. 6 Board of Awards.................................................................... 23 Good Job Troops!.................................................................. 25 Making the News................................................................... 28 In Memory of Our Retirees................................................. 37 Register of Deeds................................................................... 39 Final Call................................................................................. 40 Final Word..................................................Inside Back Cover Editorial Policy The Michigan Trooper is the official publication of the Michigan State Police Troopers Association. Opinions expressed in this publication do not necessarily represent those of the MSPTA. Articles represent the opinions of the author. Any similarity between the people and places in the fiction and semi-fiction of articles printed, and real people and places is purely coincidental. All rights in letters to the Michigan Trooper will be treated as unconditionally assigned for publication and copyright purposes; and as subject to the Michigan Trooper’s unrestricted right to edit and to comment editorially. No responsibilities can be assumed for unsolicited materials. Letters or articles must be accompanied by the writer’s true name and address. Due to legal requirements and the potential financial liability for libel imposed upon the Michigan State Police Troopers Association, the Editor of the Michigan Trooper reserves the absolute right to select, edit, and reject all articles for publication. When an article is selected for publication, writers are assured of freedom of expression within necessary limits of good taste, available space, and legal requirements. The Michigan Trooper is published bi-monthly by the Michigan State Police Troopers Association. For information about securing permission to reprint Michigan Trooper articles, please address inquiries to the Editor. ▪ July/August, 2009 ▪ President’s Point Tpr. Michael Moorman Tu ne cede malis sed contra audentior ito. (Latin) Yield not to misfortunes, but advance all the more boldly against them. As this issue of the Trooper reaches the membership, we are almost two months into the layoffs of our troopers from the 120th and 121st Recruit Schools. Shortly after the layoffs took effect, the finger-pointing as to who was at fault started. The blame-game did not come from within our own ranks; it came from outside. Several media markets pointed their pencils at us and proclaimed that our members were selfish for not passing the furlough vote. While this could be expected from the liberal media, what was unexpected was the condemnation from more than a few commanders in our department. Several incidents occurred where command officers, some senior, made comments at meetings and in front of groups of our members, that it was the Association’s fault for the layoffs and that the Association will be to blame for everything that happens or doesn’t happen to the department for years to come. It is one thing to be disappointed by the outcome of the furlough vote. ▪ Michigan Trooper ▪ Many in the department at all ranks were. It is the unprofessional comments, many with no factual basis, blaming the Association for the vote outcome, that is uncalled for. In the past 30 years, the Association has done far more to benefit and promote the department than many of these naysayers will ever realize. It is this handful of “sour apples” that thrive on dividing an already fractured department, instead of accepting that we are where we are and asking, “What can I do to help get us out of this dilemma? What can I do to help get our troopers back to work? What can I do that will help the department become the legislative priority that it should be?” The Association continues to lobby our lawmakers in an effort to restore our laid off troopers beginning with next year’s budget. Data compiled by the polling firm EPIC-MRA and released on July 9, 2009, (see page 5) shows that nearly 70% of Michigan citizens believe that the State Police should not suffer cuts in the budget process and should be a priority for funding. Even though this data points heavily in our favor, we must also realize the reality that revenue in Michigan continues to decline. It will not be an easy fight and many struggles lie ahead. The Association is determined to continue to do what is necessary in our efforts to restore our troopers and prevent further decimation of our ranks, which has an overall impact on the public’s safety. Through all of this, the Association has received bits of good news on several grievance issues. The most significant grievance granted to the Association by an arbitrator was that which has been referred to as the “Saugatuck grievance,” in which eight troopers were transferred from South Haven to Saugatuck during the department’s reorganization at the beginning of 2008. In his decision, Arbitrator Donald Sugerman ruled that the department violated the transfer process when it moved the eight troopers involved. As part of the award granted to the Association, Arbitrator Sugerman penalized the department by ordering that they must forfeit five of their transfer exemptions for this year (2009). In ordering that only five exemptions be taken, the arbitrator took into consideration that three of the troopers were already assigned and working at Saugatuck at the time the reorganization took effect. In a recent discipline grievance, Arbitrator Sugerman also granted the Association’s grievance finding that the department’s proposal of a thirty day suspension against a member was too great for what was alleged. The arbitrator ordered that the department shall rescind the proposed thirty day suspension and shall remove all reference to it from the member’s personnel file and/or other official records. The arbitrator also cited that the department had violated the member’s rights and did not meet the requirements of due process when the command officer investigating the allegation was also involved in the incident. Lastly, the arbitrator found that the department further violated the member’s due process rights when he was not allowed to speak at his discipline conference. Please see page 11 for a summary of all the Association’s recent arbitration decisions. May all your patrols be safe. ■ Vice President’s View Like many others in Michigan, I spent this year’s Fourth of July weekend camping with my family. It was supposed to be a holiday from work, sharing time with my wife and grandkids. Instead I spent most of the weekend weighed down with a sense of fear and frustration over the trooper layoff. Fear of the unknown future for the laid-off men and women and their families. Frustration because of the seeming inability of our state leaders to recognize the long-term consequences this layoff will have on the citizens of our state. Driving home that Sunday night, I found myself lost in these thoughts when I was suddenly brought to attention as a tire blew out on our travel trailer. I’m embarrassed to admit that I wasn’t prepared for a flat tire. I did not have a spare or a jack that would work. What I did have was two tired and hungry kids; the first an impatient two-year-old, the other a know-it-all 11-year-old bent on telling me how to solve our predicament, and a wife who I’m sure was remembering my promise to get a spare tire after the last flat. With holiday traffic whizzing by at 70 plus speeds, just inches from where we sat at the side of the freeway, this could have been a nightmare. Like many travelers in the state of Michigan, I was confident that help was as close as a phone call to the nearest state police post. I made a call to the area post only to have reality slap me in the face with a recording telling me that the post was closed on weekends and holidays. Determination, fueled by an ingrained belief in our agency as ever-present and unfailing, I patiently made a call to the next nearest post and found myself talking to a dispatcher who was actually sitting 100 miles away from that post. Although she was friendly and sympathetic to my situation, she was not familiar with my area and therefore could not help me with a service station that might sell tires, or even one that might be open on this Sunday holiday evening. Eventually, I called the only wrecker service I knew of, some distance away, and was able to get the help I needed. Unfortunately, it took several hours to fix my problem because we needed to take a rim from the trailer back to the service station, then return it with the new tire. Forewarned of the long wait and wanting to get my hungry family off the freeway, I called Sergeant Dave Simon, who I knew lived not too far away. Dave has been my good friend since we met in recruit school. Without hesitation, he came and picked up my family, took them to his house, where he and his wife, Pam, fed and sheltered them. As I sat in a lawn chair alongside the freeway, watching the holiday traffic backed up as far as I could see, I contemplated the possibility that we could be seeing the end of our state police as a service organization. Frustration with the whole situation had me asking myself “How did our department get to this point?” In addition to having troopers laid off, we once had posts that were open 24 hours a day with sergeants who not only supervised troopers, but often provided guidance to officers from local agencies. Now we have recordings telling people to call during regular business hours, as if their problems only occur during regular business hours, or we only care about their problems during regular business hours. How did we go from an emergency first responder agency available to the public 24 hours a day, to an agency with retail storefront hours? D/Sgt. Christopher Luty It’s easy to blame budget con straints for the situation we are in. However, the blame rests solely with our lawmakers and governor who formulate and approve the budget. While our lawmakers will always have some loyalty to their district constituents, it is especially important that they recognize their role and responsibilities to the state at large. Not all issues and state government functions will have an equal effect in all districts, yet all lawmakers will still vote, and are accountable, in all state matters. Term limits are one of the ills that have helped fuel the inability of Michigan in its attempts to secure a healthy future. Restricting time in office, outside of the election process, has created a situation in our state where legislators must constantly work with one eye towards the security of their own economic future. These men and women also have families and financial responsibilities that don’t go away for their few years in office. The dynamics of that quan dary opens the door to favoritism and the narrow minded law-making that some find too difficult to resist. Law makers who resort to practices such see VICE PRESIDENT, page 4 ▪ July/August, 2009 ▪ from VICE PRESIDENT, page 3 as taking direction from the local sheriff when voting on state police matters, ought to run for governor in Illinois. Michigan cannot afford this kind of pandering. Band-aid fixes for complex problems become a solution for others, who know they won’t be in office long enough to be held accountable, or to fear the consequence from voters, due to the mandated limits on their term of service. According to a recent poll published in the Detroit News, 70% of registered voters in Michigan feel that even with the difficult economy in Michigan, the Michigan State Police should not be cut. Yet, we have 100 troopers standing in the unemployment line. We need a governor and more lawmakers who are responsive and adept enough to recognize the priorities of Michigan citizens. They need to find the necessary cuts in non-essential services, and get 100 trained and tested troopers back to work. ■ The Thin “GREEN” Line Sgt. Brian Lewis Gaylord Post #73 107 th Recruit School I was sitting at home on June 28, 2009, re-reading the May/June issue of the Michigan Trooper magazine and the first page I happened to open to was page 24. At the top of that page was the single word, bold heading of SOLIDARITY. I couldn’t help but laugh at the irony. Pictured on that page was a group of young troops standing with our MSPTA leadership in the Capital Building, asking someone else to save our people, but no last minute legislation came through. That was May 5, 2009. Jump forward a couple of weeks and we get the news, maybe the COPS money will come through and the Federal Gov- ▪ Michigan Trooper ▪ ernment will save our young brothers and sisters. That too comes up just short as the award date for that grant falls just after the deadline to lay troopers off. I watched in silence as members were aghast at the audacity and lack of commitment to public safety that laying these troops off represents. What else could be done to save these young men and women? We put up billboards and websites ... maybe the public will stand up for us and save their jobs. Once again, it’s too little too late. Now it’s the eleventh hour and the only thing that can save the troops is the troops. Surely those who have cried foul that this travesty could occur will be there for each other. Surely we will stand back to back “two troops one riot” like we have since 1917. Surely the principals of loyalty and brotherhood that make the MSP what it is will save these young troopers. Then, it happened … we all sat and watched as the thin blue line started to fade to GREEN. Slowly the sun set on the once great MSP and we found that we are just like everyone else. We start hearing “What’s in it for me?”, “They’re just going to lay them off in a couple of months anyway.”, “If we do it now, they’re just going to hit us up again later.” and “Well, they will be better off getting a job someplace else.” Now we find ourselves at the deadline date and realize that the world has changed . . . as the movie title says, “It’s all about the Benjamin’s.” It seems that a lot of people in the legislature, the Federal Government, the public, and even the department are upset about the injustice that has now occurred, but who was willing to stand up and do something about it? Turns out … NO ONE. So in closing, I say to the troops from the 120th and 121st, the members of the thin GREEN line have spoken. To the tune of almost 2 to 1 (excluding the 120th/121st), money won out over loyalty and brotherhood. The new battle cry of the MSP says, “You’re on your own, hump.” Good luck with wherever life takes you and I hope you find a law enforcement family someplace that will stand for you when times are hard. I’m sorry I didn’t do more for you. My silence was my sin and those of us who stay all now have a cross to carry. As for me, you can save the postage on the Trooper Magazine. The smoke has now cleared and all that is left are the mirrors. I am embarrassed by what I see … nothing but a Thin Green Line. ■ Voters Don’t Want Cops, Schools Cut Poll reveals Michiganians disagree with lawmakers on priorities in next year’s budget By: Karen Bouffard Detroit News Lansing Bureau July 9, 2009 (Reprinted with permission.) Lansing – Michiganians have some advice for lawmakers hammering out next year’s budget: Spare schools and police, slash your expenses. As the Legislature returns Monday from its two-week vacation to hash out competing budget proposals, an exclusive Detroit News-WXYZ statewide poll finds that most voters also want to preserve funding for Medi- caid, roads and job training. Programs or services that voters said should be targeted for cuts are substance abuse programs, retaining state workers, prisons and environmental protection. The EPIC-MRA poll found voters are at odds with Gov. Jennifer Gran holm’s proposals to further reduce the State Police force following 100 trooper layoffs on June 28, 2009, and to reduce school funding by $59 per pupil – issues that House Democrats and Senate Republicans also can’t agree on. Budgets passed by the House line up better with voters’ viewpoints than those passed by the Senate or the governor’s recommendations, according to Bernie Porn of EPICMRA in Lansing. But nobody in Lansing seems to be nailing voters’ priorities – entrenched differences over how to fix Michigan’s economy portend budget battles that could stretch into the fall. “It is going to be very difficult to match up the budgets of the two (chambers) because they’re at loggerheads,” Porn said. “Irrespective of party, people are placing a high priority on preserving the State Police, Medicaid funding and support for education.” The Senate’s budget proposal cuts $1.2 billion out of the state’s $18.4 billion budget that is expected to be $1.7 billion in the red for the fiscal year that begins October 1, 2009. The House proposed cutting less than half of that amount. Once the two chambers come to agreement, federal recovery cash will be used to erase the remainder of the deficit. The chambers have to agree on the 2009-10 budget before the new fiscal year starts to avert another state government shutdown like the brief closure in 2007, when legislators failed to approve a budget by the September 30, 2007 deadline. Voters Recognize Crisis “I’m really tired of our state Legis lature not being able to get together with the executive branch,” said Scott Gill, 50, of Shelby Township, a survey respondent laid off from General Motors Corp. in January after more than 28 years. “I’d like to see the environment protected, more job training, more diversification of our economic base and fewer people in prison.” Of 600 voters surveyed statewide on June 23-25 and June 27-28, 2009, 76 percent said Michigan’s budget is in a “crisis situation,” although 58 percent said budget cuts haven’t really affected them yet. Of those who have been affected, 17 percent said they’ve felt the impact in education costs or cuts; 15 percent have felt it in road disrepair; 12 percent in rising costs; and 10 percent in unemployment. Asked to rank state programs in the order funding should be cut, 69 percent of respondents said funding for State Police should be the last to be cut, followed by Medicaid funding at 67 percent, per-pupil funding for local public schools at 65 percent, and revenue sharing for local governments to fund police, fire and other local services at 60 percent. Asked which one or two department budgets the state should cut first, the state Legislature was named more than any other area, with 37 percent saying lawmakers’ budgets should be the first to go. The environment and prisons each were named by 8 percent of respondents, followed by state workers and substance abuse programs, each named by 6 percent. Plans Focus on Troopers “Keep police and education – cut the state personnel,” said Jing Zhang, 48, of Oxford, who participated in the poll. “State personnel should (be cut) by the same rate as the population has gone down.” “Every time they want to increase tax, they say they want to cut police and education – this is a political trick,” Zhang said. “If every home could save $400 per month on taxes, they could lease a car.” The state House didn’t approve a State Police budget before going on break, and the Senate concurred with Granholm’s plan to eliminate 66 trooper positions in the next budget year through attrition, but would use federal economic recovery funds to avoid trooper layoffs. The Senate slashed $110 per student from school aid and $140 m illion from Granholm’s popular Promise Grant program, which pays up to $4,000 for college tuition over four years. see VOTERS, page 19 ▪ July/August, 2009 ▪ Unit Spotlight... Pontiac Detail By: Tpr. Jay Morningstar Pontiac Detail (Richmond Post #24) 118th Recruit School I believe we all understand the difficult times that MSP has gone through fiscally over the past few years, however, even our financial woes pale in comparison to the city of Pontiac. Over the past few years, the Pontiac Police Department has been severely cut from a once robust 240 officers, to a now bare bones crew of 40 officers working the road. In February 2008, at the direction of the office of the Governor, MSP created a detail to assist the city of Pontiac with dedicated patrols in their city. Initially, the detail con sisted of Troopers Kuhn, Young, Gruenwald, Troye, F., Weinrick, Whitcomb, and myself. The detail was led by Sergeant Speights and overseen by Lt. Sturdivant. In June 2008, the detail was transferred to Lt. Sims. It is currently led by Sergeant Budde, and assigned to the detail are Troopers Byerly, Couturier, Lentine, Pechman, and myself. It should also be noted that a contingency of Detective Ser- geants from District were as signed to assist Pontiac’s Detective ▪ Michigan Trooper ▪ Bureau, which includes D/Sgts. Wilson, Powell, and Price. Upon arrival into the city, the detail forged a strong working relationship with the officers and command staff of the Pontiac Police Department. We all understood that this was not a take over but, instead, a helping hand until they could bolster the size of their department again. It was important to us that we were able to work well with Pontiac, as this was their city. After a two week stint on days to familiarize ourselves with the city, the detail began its directed patrols from 7pm to 5am. The focus was criminal interdiction and the results over the next year are detailed in the chart below. The Pontiac Detail satisfied over 997 warrants (20% of the city’s open warrants), incarcerated over 100 felons, and seized 65 firearms in the course of patrols within the city of Pontiac. All of these statistics are from an addition of four State Police patrol cars . . . and a whole lot of sweat. The large number of firearms that were seized attracted the attention and help of the Federal Government. The ATF assigned agents to work the city of Pontiac who focused on the numerous amounts of weapons being seized. During the ATF’s involvement, numerous cases have been furthered in efforts to track the source of the firearms. The FBI has recently created a taskforce March ’08 – March ’09 Felony Drug Arrests...........................................................................119 Misdemeanor Drug Arrests................................................................118 Felons Arrested..................................................................................111 Misdemeanants Arrested.................................................................. 376 Felony Fugitive.................................................................................... 39 Fugitives Arrested............................................................................. 481 Warrants Satisfied............................................................................. 997 Guns/Weapons Seized....................................................................... 65 Cash Forfeited............................................................................. 64,487 Vehicles Forfeited................................................................................. 8 Traffic Stops................................................................................... 3,704 Cars Investigated............................................................................3,121 Verbal Warnings............................................................................. 3,617 Cars Assisted.................................................................................... 183 Citations Issued.............................................................................. 1,119 Patrol Originals................................................................................. 949 Other Alcohol Violations................................................................... 120 OWI..................................................................................................... 53 Motor Vehicle Crashes........................................................................ 41 Property Inspections......................................................................... 828 Assist Pontiac PD.............................................................................. 368 Half kilo of crack that was seized during a traffic stop in Pontiac. to analyze the large amount of gang activity within the city. Members of the MSP are a part of the FBI’s task force and expect positive, long-term results. Along with all the arrest activity, the detail provides numer ous investigative leads and infor mation to the various local and Weapons confiscated during a recent traffic stop in Pontiac. federal agencies focusing on crime within the city of Pontiac. As the detail continues to inves tigate/arrest felons, and seize guns and narcotics, we are encouraged by the numerous citizens who contact us and thank us for our work. Since the start of the detail, the city of Pontiac has rehired 10 officers with hopes of more in the future. We believe that the combined efforts of the detail, Pontiac Police Department, and all of the Federal agencies, will help lower the current levels of violent crimes and narcotic trafficking within this proud city. ■ ▪ July/August, 2009 ▪ Captain Robert H. Robertson Memorial Scholarship By: D/Sgt. David Robertson Metro North Post #21 100th Recruit School As many older members of the Department will recall, my father was Captain Robert H. Robertson, Commanding Officer of South East Criminal Investigation Division. However, when he was there, it was a section, not a division. He retired in 1984, then jumped the fence and became the Undersheriff for Montcalm County for one year. He then worked with Michigan National Bank for five years before finally settling down to a well-deserved retirement. When my father passed away in 2006, our family wanted to do something special in his honor. A scholarship fund was set up at his alma mater, Cedar Springs High School. Cedar Springs is a very nice community just north of Rockford. My mother and father were high school sweethearts and married the year following graduation. While growing up, my father frequently talked about the “mighty Red Hawks” of Cedar Springs High School. Therefore, setting up a scholarship program at the high school, for a student planning to become a police officer, was a logical choice. ▪ Michigan Trooper ▪ With assistance from Lucinda Garnsey at Cedar Springs High School, the process of selecting a scholarship recipient began. Appli cations were received from graduating seniors and emailed to all of us, including my brothers, Curt and John, who currently work in Iraq for DynCorp. My mother, along with myself and my three brothers, made a selection. It was a very difficult choice because all the applicants were very good; however we had to pick just one. The 2009 Robert H. Robertson Scholarship Award went to Connor White. He is planning to attend Grand Rapids Community College majoring in Criminal Justice. According to Connor’s mother, Jonelle White, he has always shown an interest in the criminal justice field and is truly excited about attending college in the fall. Last summer, Connor completed the Metro High School Police Academy. He is a hockey referee for youth and adult leagues and helps coach a youth hockey team. Connor’s father is Christopher White. He also has two siblings – Bryan, 21 and Devin, 15. Our family could not be happier with the selection of Connor for this year’s award and we look forward to selecting another young graduate for next year’s scholarship. I talked with Lucinda Garnsey about the growth of the scholarship fund and she advised that if anyone wanted to donate money to the fund, they could send a check to: Cedar Springs Public School Attention Accounting Office 204 E. Muskegon St. Cedar Spring, MI 49319 Be sure to write “RHR Scholarship” in the note section of the check. This allows the money to attach to the correct scholarship. Donations are tax deductible. (I know a lot of retirees read the Michigan Trooper.) If you can help in these troubling times, thank you. If not, keep us in mind when times get better. My brother, Curt, recently retired as the Post Commander of the St. Ignace Post. My twin brother, John (the black sheep), retired from the Oakland County Sheriff’s Department. I am still going strong as the Detective Sergeant at Metro North, and my oldest brother, Bob, is still working for the Michigan Department of Energy, Labor, and Eco nomic Growth in Lansing. Best wishes to all, and stay safe. ■ Award being presented to Connor White by David Robertson. Jonelle White (Connor’s mother), and Connor White. John Robertson, myself, Connor White, Mother DeEtta Robertson, and Bob Robertson. (Missing from photograph is Curt Robertson.) My Project To My Family at MSP #71, The inspiration and process of designing this plaque began after receiving the shell casings from the 21-gun salute at Blair’s funeral. The whole service was conducted with such honor and reverence and remains a heartfelt and memorable tribute to him. This project was truly a labor of love and gratitude. I didn’t use the band saw or the routers but I personally designed and worked on every detail. 7135 represents Blair’s radio call sign. It has since been retired from use. One of Blair’s trademark expressions was “Out-STAND-ing.” He always said it with a big smile and with such approval. I know Blair would have given all of us a wink and a nod for your contribution to the service and “Outstanding” tribute to Blair’s life – and yes, that is his signature laser engraved. I will always remember the love, support and dedication you all displayed to me and “your brother” Blair. Love, JoAnn DuVall ▪ July/August, 2009 ▪ Yes I Qualified, But Let’s Be Fair Sgt. David E. Stokes Detroit Post #29 109th Recruit School First and foremost greetings to all, especially to those at the undisputed, hardest working post in the state, the Detroit Post. To our laid off mem bers, stay encouraged. Hopefully we will see you back soon. I decided to write this in response to the article “Would You Qualify?” submitted by D/Sgt. Eberhardt in the May/ June issue. Being recently promoted, I thought I would bring a little per spective from the other side of the issue. Anyone who knows me knows I am a big proponent of advanced education, just in general. As we all know the dangers of this occupation, not to mention the budget, can put you in a position where you need to be able to do something other than police work. Contrary to popular belief, a higher educational component in the department is not a new concept. While it is true advanced education is still not a requirement for enlistment, there was talk of requiring at least two years of college when I entered the department. Every now and then the topic comes up, so it is probably just a matter of time before there is some college requirement. The exception I take with this issue is 10 ▪ Michigan Trooper ▪ that there always seems to be the attitude that the person with the degree did not “troop” just as hard as the next person. I would say, in many instances, they worked harder because after they took off their uniform, they picked up a book bag and sat in a class for an additional three to four hours a day. There also seems to be this perception that having higher education makes you an automatic lock for an interview or a position. I can tell you from personal experience that this is not so. On two occasions, I was denied positions because of my pursuit of higher education, and was told so. In one of those cases, the person chosen was already scheduled to leave the department within months, of which he ultimately did. On two other occasions, I was denied interviews for sergeant positions, despite my education and seniority. Therefore, education in and of itself, is not enough. D/Sgt. Eberhardt’s military idea is good, but it is not quite applicable. In my service as a background investigator, I can tell you the hiring process to get in the department is apples and oranges compared to hiring for a position after enlisting in the department. However, in keeping with the military example, I can compare the educational path to that of the military path. The same drive, determination, initiative and focus are used in both the military and advanced education. They are just applied differently. In some cases, the educational pursuit is at least twice as long as the military path, particularly while working full-time. However, military experience provides the option to retire early, even though the department has no basic affinity to the military. Why? What makes military experience before enlisting in the department so special that the typical troop has to serve twenty-five years, but the trooper with a military background does not? Does prior military experience make a troop do his job differently during his/her MSP career than the non-military troop? I do not say this in any way to trivialize military service by any stretch. I say this to bring to mind that we all, somehow, directly benefit within the department from skills, talents and abilities that we brought to the department; education is no different. I find it interesting that no one in the post or department has a problem benefiting from the education someone else obtained at their own expense; however, when it is time for that person to use that same education for their own advancement, it is considered irrelevant. Since I have been in the department, there have been a number of selection processes. For those of you who go back far enough, we had the batch interviews, then Targeted Selection, and now this new process which appears to be like a modified type of Targeted Selection. None of these, or any other process for that matter, will ever be inclusive to everyone. Why? Because everyone is different. Using departmental expe rience solely is not enough. Is there really that much difference between how a troop from one post handles a C.S.C. complaint compared to another troop from a different post? Absolutely not! We are not a collection of officers that all went to different regional academies and were taught merely the basics, then the rest was left up to the hiring agency. We all went through the same hiring process, same recruit school, were taught to do the same things the same way, to get the same results. see QUALIFIED, page 24 Recent Arbitration Awards and Decisions GRIEVANCE PROPOSED DISCIPLINE ARBITRATOR’S DECISION DESCRIPTION Contractual Violation Not applicable Granted MSP violated Article 13 of the contract when it transferred 8 troopers from South Haven to Saugatuck in 2008 without using the transfer process. Arbitrator ruled that MSP must forfeit 5 of its transfer exemptions in 2009. Also awarded moving costs if they were incurred by any member involved. Member Discipline Termination Upheld Grievant shot a deer while on duty and was criminally charged. Grievant attempted to conceal his misconduct. Arbitrator found that griev ant’s actions were severe and just cause for termination. Member Discipline Termination Reinstate – No Discipline While there may have been just cause for discipline in this matter, it did not rise to termination. MSP must use progressive discipline. Member Discipline 30-day suspension No Discipline Arbitrator ruled MSP did not have just cause for discipline in this instance. Also found MSP to violate grievant’s due process rights by having commander investigate who was involved in the investi gation and by grievant not being afforded his right to be heard at discipline conference. Member Discipline 30-day suspension No Discipline MSP violated 90-day time limitation. Member Discipline Termination 5-day suspension Arbitrator ruled that MSP proposed discipline is too severe. Comparables for similar violations are all 5day suspensions. Alleged misconduct does not rise to termination. 5-day suspension Upheld Allegation of insubordination when grievant did not sit when ordered to do so in a meeting with a supervisor. Arbitrator found just cause in this instance. Member Discipline (Amended to 30-day suspension at discipline conference) ▪ July/August, 2009 ▪ 11 Rothbury 2009 Sgt. John Faccio Lansing Post #11 107 th Recruit School On June 30, 2009, troopers and sergeants from all over the First, Third, Fifth, Sixth and Seventh Dis tricts converged on a small village in west Michigan. We were there for the 2nd Annual Rothbury Music Festival. Rothbury is a self-described, “new American celebration where music and cause join together to stir ideas, awaken possibilities, and empower through knowledge.” Rothbury is also dedicated to running as close to a zero-waste event as possible. Everywhere on the property were trash cans, in sets of three, which gave you directions where to throw your waste. The festival brought in about 35,000 people to the area. This is where we came into play. The planning for this year’s festival, most likely started on the last day of the 2008 festival. Command staff from the Sixth District brought in the troopers and sergeants one day earlier to help them get acclimated to the grounds and surrounding area. Once the festival got underway, we were assigned to traffic points, grounds patrol and various complaints that came up during the event. Command staff had a command trailer set up on the grounds and another trailer affectionately known as the “Pod.” This is where personnel would go to type reports and package property. Although arrests were up from the previous year, the majority of the festival participants were grateful we were there. The Michigan State Police was well represented and it was gratifying to see everybody working as a team. Incident command put together a well thought out plan and then gave the troopers and sergeants the autonomy to carry it out. If you get the opportunity to work Rothbury, take it. It is a good way to meet and work with departmental members from around the state, as well as un derstand the Rothbury experience. ■ Tpr. Lane Booms (Wayland Post) and his dog, Lex, search a Hummer at the north entrance to the Rothbury festival. 12 ▪ Michigan Trooper ▪ Tpr. Bob Anaya (Rockford Post) poses next to a hearse at the Rothbury Music Festival. The driver was arrested for possession of marijuana/hash and violation of the medical marijuana law. Willie Nelson was one of the performers at Rothbury. Dispatcher Sherry Betts and Sgt. Jeff White (Reed City Post) seen working out of the command trailer. ▪ July/August, 2009 ▪ 13 We Are All Called Chaplain Andrew Jackson Rockford Post #62 In my family, faith has always been the thing that has held us together. It has given us the strength to live, and the courage to go on when disappointments come our way. We were taught that whatever our vocation was, it would be one that we were called to do by God. It was very surprising to all the family when the oldest grandson, came home from the Army and joined the Chicago Police Department, then a granddaughter followed in his footsteps. The youngest grandchild, my brother, became a deputy with the Pierce County Jail, in Tacoma, Washington. Currently my nephew, whom I took care of and helped to raise from an infant, is completing twenty-eight years with the Chicago Police Department. It was assumed that law enforcement was a part of our family’s DNA, and we would all become a part of it in some capacity. It is appropriate to say that I have been surrounded by family members that were and are involved in law enforcement for most of my life. There was a quiet resound of shock, awe and surprise when I decided to be a public school teacher. I was still loved, accepted and appreciated, but in some ways, made to feel that it was not the right calling for our family. When I accepted my call to the ministry, it was one of the vocations that some family members thought was more appropriate. Especially since there were other pastors in the family. When I became a chaplain with the MSP, I was given the welcome and acceptance of the lost son. In the eyes of some of my family, I had finally found my calling. I emphasize my family law en forcement background to tell the story of a family member who is a city police officer. Dick has been in law enforcement for many years. He has been a man of faith even longer. He lives his faith to the best of his ability, and a part of that is attending worship on a regular basis. He professes that his faith not only has sustained him, but it enabled him to reach out to others in their times of need and give them support for their lives. see WE ARE CALLED, page 19 Adopt-a-Cop The power of prayer connects law enforcement with the communities they serve Tpr. Larry Rothman Jackson Post #17 118th Recruit School 14 ▪ Michigan Trooper ▪ I know some of you have not heard of the Adopt-a-Cop Prayer Protection Program before. I wanted to let you know what it is all about because there is a great chance that you will be hearing about it from a church in your local community. Adopt-a-Cop is a prayer ministry where local churches, individuals and even schools adopt a local police officer to pray for. It is as simple as that. No strings attached. In times when we need all the support we can get, local churches are stepping up to the plate and letting their officers know that they care about them. Since March of 2009, every police officer in Jackson County has been adopted in prayer. That covers the State Police, DNR, County, City and all the townships. Over 60 churches in Jackson County have signed up to pray for Jackson County’s Law Enforcement. The Adopt-a-Cop Prayer Protection Program has started in Jackson, Hillsdale, Ottawa, Kent, Shiawassee and Marquette counties. If you would like more information about Adopt-a-Cop or have any concerns, please check out the web site: www.adopt-a-cop.org. ■ Meet the MSP Chaplain Corps Chaplain David G. Hill Post #38 – Lapeer/Sandusky Some may not be aware that the MSP Family includes a Chaplain Corps. This article is meant to give you a brief overview of the Corps and the services available to members of the MSP Family. The Michigan State Police Chaplain Corps was organized under Official Order 119 “to provide ethical, moral, and spiritual support to Michigan State Police members and their families.” Our chaplains, all volun teers, are well-trained, experienced and active pastors who have graduated from recognized seminaries and have had several years of experience in the pastorate. All have gone through an application and approval process with MSP. Currently, there are about 26 active chaplains assigned to various posts across the state. Chaplains are not confined to their own posts for ministry, but may serve anywhere in the state as requested by MSP leadership. Chaplains offer a great variety of ministries to our MSP members. They do ride-a-longs with troopers to get acquainted on a more personal basis. They are available to encourage, console, counsel and assist troopers, other MSP members and their families in any way possible, whether it is duty related, personal or family related. Our MSP Chaplains are on call 24 hours a day, seven days a week. All posts and worksites have the telephone, pager, and other contact numbers where chaplains can be reached. East Lansing Operations also maintains a contact list of all Chaplain Corps members. The chaplains may be called upon for almost any reason. They have training in such areas as marital and family counseling, critical incident stress debriefing and diffusing, death notifications, as well as many others. Their services are available, not only to the MSP family, but to victims of crimes and, at times, to the perpetrators of crimes. Chaplains are ready to assist police and the public at accidents, crime scenes, or other critical situations when the on-scene officers request such assistance. Confidentiality is an absolute must for chaplains. Department members can rest assured that, absent threat of injury or personal safety, they can discuss almost anything with a chaplain and know that it will remain confidential. Chaplains need your help as well. In the past, prior to the financial woes of our state, the Chaplain Corps had a small budget from the state to cover travel and other expenses. That budget no longer exists. The Chaplain Corps has now been allowed to ask MSP troopers/members for donations to help with their expenses. This can be done by having a donation automatically deducted from the member’s bank account using the services of VANCO. To donate, simply request the donation form from the Chaplain Corps at 714 S. Harrison Road, East Lansing, MI 48823 or from the Chaplain Corps Treasurer, Chaplain David G. Hill at email [email protected]. Once the form is submitted, the amount you designate will be sent to the Chaplain Corps each month. Your gifts are deductible as charitable donations. Let me close with a personal word from our Executive Chaplain, Andrew Jackson. “MSP chaplains are all volunteers, and some of us drive a few miles to get to and from our posts and the calls that we are asked to make. Others have to drive hundreds of miles to provide the same service. We do it because we are all called to be servants of God, and believe that we should be there with you as much as possible, as you put your lives on the line for others. We remain undaunted in our desire to serve and intend to continue to serve. At this particular time, we stand in need of your assistance, and that of everyone who is willing to help us continue to be of service to the department. No donation is too small. We, as chaplains, are also being asked to contribute to our own cause. We have made a pledge to be there for troopers, and we will keep that pledge. We are only asking you to help us answer your calls. Thank you.” ■ ▪ July/August, 2009 ▪ 15 Members attend the general session. r. Tpr. Felix Ambris (White Pigeon Post). n Jo Bo rm we a n (M et ro S out h P Tp Tpr. Mark Kassuba (Paw Paw Post) is a lucky raffle winner! M r. i ke ra Za te ( o Me t r o N r t h Po s t) a nd wi fe ,J es ca Tp Chaplain Andrew Jackson (Rockford Post) and wife, Phyllis. si . 2009 July Quarterly – Amway Grand Hotel, Grand Rapids, MI Tpr. Matt Kiser (2nd District HST) with son, Reid, and daughter, Brooke. Tpr. Jay Morningstar (Pontiac Detail) and sons, Beck and Jay. Tpr. Jerry Mazurek (8th District Rep./Wakefield Post), Tpr. Pat Madden (Gladstone Post) and wife, Theresa. 16 ▪ Michigan Trooper ▪ o st )a nd w Tpr. Mike McCarthy (Niles Post). Tpr. Jim Swain (Flint Post), Tpr. Amy Hofmeister (Caro Post), Tpr. Harold Terry (Houghton Lake Post), Tpr. Andy Douville (Battle Creek Post), and Tpr. Eric Hofmeister (Lapeer Post). w if e, Li sa Our “Host” Tpr. Scott Wilber (6th District Rep./ Rockford Post) and Jana Nolff. . Mitchell Cavanaugh is all smiles as he collects his raffle winnings! v re an d w e, M r. T ve l a nd P (G r o o st ) if ar ia. Tp or ke Brooke Stevens looks over the raffle prizes. Tprs. Mike Zarate and Matt Kiser ... try on some different uniform hats! Tpr. Ray Pechman (2nd District North Rep./ Pontiac Detail) strikes the “crane” pose. d Ra Tpr. Brad Stimac (Houghton Lake Post) and his wife, Amy, celebrated their anniversary with us! Tpr. Rich Cole (Munising Post) with wife, Mandy, and children Madeline, Christian and Gabe. Tpr. Taylor Bonovetz (Saugatuck) collects his raffle prize from Tpr. Scott Wilber and Alex Reinke. ▪ July/August, 2009 ▪ 17 Sixteen Things That Every Trooper Needs to Know About “Garrity” 1 Lawrence P. Schneider, Esquire MSPTA General Counsel Knaggs, Harter, Brake & Schneider, P.C. 1. There is no “Garrity violation” if the government never uses a Garrity statement (or the fruits of the statement) in a criminal case against the officer. A constitutional violation only occurs at the time of trial, when the statement is improperly used. Chavez v Martinez, 538 US 760 (2003); In re Grand Jury Subpoena, 75 F3d 446 (CA 9, 1996). 2. A Garrity statement must be turned over to the defense attorney in a criminal prosecution (not involving the officer who gave the statement) if the statement might assist the defense or provide impeachment of an officer who testifies as a witness in the criminal case. The defense attorney does not need to make a request for this evidence. This disclosure must be made even if the prosecutor did not receive or consider that Garrity statement in bringing charges against a person. US v Agurs, 427 US 97 (1976); US v Bagley, 473 US 667 (1985). 3. A Garrity statement may be obtained and reviewed by a prosecutor or grand jury, through subpoena or court order. Stover v US, 40 F3d 1096 (CA 10, 1994); In re Grand Jury Subpoena, 75 F3d 446 (CA 9, 1996). 4. Nothing in the constitution or federal law prohibits a law enforcement employer from giving the Garrity statements of its officers to the news media or the public. Only individual state laws (e.g., an exemption under a local freedom of information act) can afford such a protection. Herald Co, Inc v Kent County Sheriff’s Dept, 261 Mich App 32 (2004). Michigan recently passed such a law in 2006 which limits the ability of law enforcement employers to disseminate Garrity statements to the public. Michigan Public Act 563 of 2006. 5. An officer’s Garrity statements may be obtained by a plaintiff in a civil case who is suing the officer and used against the officer at trial in the civil case. Chism v County of San Bernardino, 159 FRD 531 (CD Cal, 1994). 6. If an officer gives an untruthful statement after having been given an appropriate Garrity warning, the 18 ▪ Michigan Trooper ▪ statement may be used in a prosecution against the officer for perjury or obstruction of justice (although it cannot be used against the officer for the underlying crime that was being investigated when the statement was given). US v Veal, 153 F3d 1233 (CA 11, 1998). 7. In many states, Garrity protections only apply if the officer believes that he or she will be fired for refusing to answer questions from a supervisor and there is a law that mandates dismissal of public employees who fail to give an accounting of their job duties upon the order of a supervisor. See United States v Indorato, 628 F2d 711 (CA 1, 1980). In other states, it is not necessary that a law be in place providing for discharge in order for the statement to be protected, so long as the officer was threatened with discharge or discipline by the interviewer. See United States v Friedrick, 842 F2d 382 (CA DC, 1988). Michigan’s new Garrity law prohibits the admission of “involuntary statements” made by police officers in criminal cases brought against them.2 8. Officers who write Garrity-type disclaimers on routine reports (e.g., I am submitting this report only because I am required to do so and I do not waive my Fifth Amendment rights, etc.) are not immunizing their statements against subsequent use in a criminal proceeding against the officers. Indorato, supra; Friedrick, supra. 9. Garrity protections cannot merely be assumed by an officer who is being questioned by supervisors. The officer must be given a direct order to answer or face disciplinary action, and must be told that the answers will not be available for use in a criminal prosecution for the crime under investigation. Indorato, supra; Friedrick, supra. 10. Officers who refuse to answer questions that might implicate themselves by invoking the Fifth Amendment, and who are never given a Garrity warning, may be fired if the department can prove misconduct or criminal acts independent of the officers’ statements. Harrison v Wille, 132 F3d 679 (CA 11, 1998). 11. Officers who take the Fifth Amendment and remain silent when questioned about an alleged criminal act, when they are not in custody, can have their silence introduced against them at their criminal trial. Jenkins v Anderson, 447 US 231 (1980). 12. In the prosecution of a police officer whose Garrity statement has been given to the charging entity (i.e., the prosecutor, grand jury, or another law enforcement agency), the officer may request a Kastigar hearing. In a Kastigar hearing, the government bears the burden of proving that none of the evidence it proposes to use in the prosecution was derived from the officer’s Garrity statement. Kastigar v US, 406 US 441 (1972); In re Grand Jury Subpoena, 75 F3d 446 (CA 9,1996). 13. Absent a specific statute, before a law enforcement agency may discharge an officer for refusing to answer questions upon a direct order, it must first advise him that the answers cannot be used against him in a criminal prosecution. Absent such a warning, a discharge for refusing to answer questions will not stand. City of Evanston v Franklin, 384 F3d 838 (CA 7, 2004). 14. An officer who gives a compelled statement under Garrity cannot be impeached with that statement in a criminal trial because involuntary statements may not be used for impeachment. Plaster v City of Houston, 721 SW2d 421 (Tex App, 1986). 15. Reaffirmation of Garrity protections in collective bargaining agreements is important, and may close holes that are left open by recent court opinions which erode Garrity. See McKinley v Mansfield, 404 F3d 418 (CA 6, 2005) (Ohio appellate court reversed conviction on breach of contract grounds). 16. If an internal affairs investigator provides a Garrity statement to the prosecutor, and that statement is improperly used by the prosecutor against the officer at trial, the officer may successfully sue the internal affairs investigator under 42 USC §1983 for violation of the officer’s civil rights. The prosecutor, however, has immunity, even if he knew the statement was inadmissible. McKinley v Mansfield, 404 F3d 418 (CA 6, 2005). ■ 1. This article does not discuss the effect of Michigan Public Act 563 of 2006 [MCL 15.391 et seq, which became effective on December 29, 2006], which codifies Garrity protections within Michigan law. 2. Id. from VOTERS, page 5 Under the House bill, federal stimulus money would be used to avoid cuts to school aid and spending for colleges and universities. The House increased funding for Promise Grants from $80.5 million to $140 million. The House and Senate are roughly $500 million apart on spending for Community Health. The House bill leaves funding for Medicaid at roughly its current level, while the Senate bill would shave about $600 million through reductions in Medicaid payments to doctors and hospitals, increased co-pays for patients and other changes. “Right now, they are struggling with how to balance the budget, and there’s two visions of how to do that,” Porn said. “It will all boil down to cutting areas the public is willing to accept.” The poll has a margin of error of 4 percentage points. ■ [email protected] (517) 371-3660 from WE ARE CALLED, page 14 One day after worship, Dick was on his way out of the church, when a woman of the congregation approached him and said, in a very condescending way, “How can you call yourself a follower of Jesus Christ, when you carry a gun?” Dick says that he was taken back by such a defensive question, and felt somewhat lost for words for just a very quick moment. When the words of faith came to him, he was sure that they were given to him by God. He said to her, “Woman, I want you to know that the God I love and serve has called me into the ministry of law enforcement. I am called by God to carry the gun to do battle with the forces of evil in your community and mine, so that your family, mine and many others might live in peace and harmony.” He went on to say, “My faith gives me the strength to carry the gun. If the day ever comes that you or your family need me and my service, you may be thankful that I carry a gun. You need to understand that my faith in God helps me to carry the gun. I pray that I do not have to use it, but when I must use my gun, I ask God to give me courage and guidance.” Dick went home from worship that day, knowing that he had been able to share his faith and calling with someone. At the same time, he helped them to have new found appreciation and respect for the law, the gun, and the men and women who carry them. I am proud to ride and be with those who are called to protect and serve and carry the gun. ■ ▪ July/August, 2009 ▪ 19 Tprs. Todd Parsons and Rob Schwalm. Lt. Chris Kelenski works alon Lansing Troopers Lend a Hand to Habitat for H Tpr. Carissa Horan Lansing Post #11 120th Recruit School On July 11, 2009, members of the Lansing Post gathered with other volunteers at a new home site at 8949 W. Herbison Road in Wacousta, a small village located in southwest Clinton County. We were there to assist for the day in the building of a new home sponsored by Habitat for Humanity (HFH). The effort was motivated by Tpr. Todd Parsons, who went to the HFH meetings and organized the volunteer effort and coordination of post volunteers. In summary, HFH works in partnership with people in need to build and renovate decent, affordable housing. The houses then are sold to those in need at no profit and with no interest charged. There is a lengthy process involved in applying to purchase a Habitat home. Volunteers provide most of the labor, and individual and corporate donors provide money and materials to build Habitat houses. Partner families themselves invest hundreds of hours of labor – “sweat equity” – into Lt. Chris Kelenske, HFH volunteer, Tpr. Brian Oleksyk, Sgt. John Faccio, and MCO Mike Morey take a quick break to pose for the camera. 20 ▪ Michigan Trooper ▪ Habitat for Humanity volunteers incl ngside other HFH volunteers. Humanity Project Tpr. Brian Oleksyk, Sgt. John Faccio and Lt. Chris Kelenske work on the sub-floor. (Photos courtesy of Tpr. Kellie Summerhays, Wayland Post) building their homes and the homes of others. Their mortgage payments go into a revolving fund for Humanity, which are used to build more houses. The day the Lansing Post volunteered, we were fortunate to work along side the father of one of the home’s recipients. A home project begins when a site is acquired and donations and funding are secured. A home recipient is identified prior to the commencement of the project. Besides ordinary volunteers, i.e. people whose skills extend little beyond swinging a hammer, the construction is led by volunteer licensed builders. luding the Lansing Post participants. The homebuilding effort was definitely a huge success, as the post was able to assist with the completion of the sub-floor and the building and erecting of all four walls during the day of volunteering. Besides being able to assist with this worthy cause, everyone involved felt a sense of pride and community. It is all too often that opportunities of this magnitude pass by the wayside, as we are all busy with our own careers, families, etc. Yet the hours spent on endeavors such as these, not only exhibit the department in a positive light, but more importantly, touch the lives of people in need. That is what this business is all about: helping those who cannot do it all by themselves. ■ A Blue Goose sits proudly near the Habitat for Humanity worksite. ▪ July/August, 2009 ▪ 21 July 4th Annual Memorial 5K Race Tpr. Ben Bordner Coldwater Post #59 117 th Recruit School Deputy Sarah Haylett-Jones was struck by a vehicle on October 17, We were welcomed by Monroe County Detective Brad Swain who graciously spent the better part of his evening showing us around the area. Retired Trooper King kept me entertained the rest of the evening/ Tpr. Ben Bordner (Coldwater Post), Wayne Haylett, Kim Haylett, Chris Jones, Tpr. James King, Sr. (Ret.). 2008, on State Road 45, in Bloom ington, Indiana. She was directing traffic at the scene of a crash during the incident. Deputy Haylett-Jones succumbed to injuries sustained from the incident on October 19, 2008. Deputy Haylett-Jones previously served as a MSP Explorer in Cold water, four years with the U.S. Air Force, 18 months with Montgomery P.D. in Alabama, then several months with the Monroe County Sheriff’s Department. It has been 40 years since an officer from Monroe County has died in the line of duty. On July 3, 2009, retired MSP Trooper James King, Sr., and I traveled to Bloomington, Indiana in preparation for the first Deputy Sarah Haylett-Jones Memorial 5K run. 22 ▪ Michigan Trooper ▪ morning by snoring louder than anyone I’ve heard in my life. It did manage to cover up the gunshots outside our “cheap” hotel, located in the only slum area of Bloomington. That’s what we get for being cheap. The following day, July 4, 2009, Tpr. King and I traveled to the St. Paul United Methodist Church, located at 4201 W. 3rd Street, in Bloomington. The race is scheduled to take place at this location next July 4th for those interested. The majority of the participants were made up of state, county, and local police officers from the surrounding area. Over 200 people attended the race, resulting in approximately $2,600 being raised for the Deputy Sarah Haylett-Jones Memorial Fund. The money from this race, along with additional funds, is being put towards a scholarship in Sarah’s name to help students from Bloomington, Indiana and Coldwater, Michigan. The Haylett family has asked anyone interested in donating money to send their check to Century Bank and Trust, 100 W. Chicago Street, Coldwater, MI 49036. Checks need to be made out to the BACC CJ Deputy Sarah Irene Haylett-Jones Memorial Fund. The recipient this year was Courtney Knight of Coldwater. She received a scholarship in the amount of $1000 and plans to attend Lake Superior State University. ■ Board of Awards The following citations were approved by the department’s District and Division Review Panels and the Board of Awards. The ranks of the officers are those held at the time of the request for citation. Bravery Award: Tpr. Andrew Ambrose (Alpena Post) and Tpr. John Grimshaw Jr. (Lincoln Detachment) are receiving the Bravery Award for knowingly risking their lives to protect others. On March 18, 2009, the Alcona County Sheriff’s Department re Tpr. Andrew quested assistance at the scene of a barri Ambrose caded gunman who had already wounded three subjects. Two of the wounded victims and two other uninjured victims had escaped the residence, leaving two victims, one severely wounded and one with a debilitating medical condition, in the residence with the suspect. The officers on scene were able to Tpr. John make contact with the trapped, uninjured Grimshaw victim who advised the suspect had access to handguns and rifles in the residence. Recognizing the danger to both victims and the need to get medical attention to the wounded victim, Trooper Ambrose and Trooper Grimshaw, along with two other officers, immediately developed a plan to rescue the victims. Without regard for their own safety, the four officers entered the residence and located the wounded victim, who had expired. The uninjured victim was retrieved and carried to safety. Meritorious Service Award: D/Sgt. Stephen Harshberger (Alpena Post) and Tpr. Jamie Bullis (Lincoln Detachment) are receiving the Meritorious Service Award for their professionalism, d ili gence, and perseverance under uncommon circumstances and for going beyond what is D/Sgt. typically expected of most law enforcement Stephen Harshberger officers. On March 18, 2009, D/Sergeant Harshberger and Trooper Bullis were part of a multi-officer response at the scene of a barricaded gunman. When a four-person rescue team decided to enter the residence to retrieve the victims still inside, D/Sergeant Harshberger and Trooper Bullis volunteered Tpr. Jamie to assist. They stationed themselves on the Bullis front porch, providing cover for the rescue team and helping to carry the victim to safety. Tpr. Christopher Corriveau is receiving the Meritorious Service Award for his pro fessionalism, diligence, and perseverance under uncommon circumstances and for going beyond what is typically expected of most law enforcement officers. Trooper Tpr. Corriveau was instrumental in the successful Christopher Corriveau investigation of the brutal assault of an 83-year-old man in his home on October 29, 2008. Thanks to Trooper Corriveau’s diligence and relentless investigation, two suspects were arrested, including one who had fled to another state. Lifesaving Awards: Tpr. Stephen Miller (White Pigeon Post) is receiving the Lifesaving Award for ad ministering first aid to save the life of another. While patrolling on March 13, 2009, Trooper Miller was flagged down by several people wearing fishing gear. He was Tpr. Stephen directed to a nearby river where a man was Miller struggling in the water next to an overturned boat. The subject had attempted to swim ashore, but became fatigued in the cold water. Trooper Miller retrieved his Water Rescue Disk and threw it to the subject. He then gave verbal commands to keep the subject calm while he pulled him to safety. Tpr. Charles Murry (Bridgeport Post) is receiving the Lifesaving Award for ad ministering first aid to save the life of another. On January 13, 2009, Trooper Murry was overseeing the video arraignment of an inmate when the inmate suddenly Tpr. Charles clutched his chest and collapsed. Trooper Murry Murry determined the inmate was not breathing and did not have a pulse. He immediately began administering first aid and soon received help from the facility medical staff. Thanks to their combined efforts, the inmate’s pulse returned and he started breathing again. The inmate was then transported to a hospital cardiac care unit. Board of Awards – continued on next page ▪ July/August, 2009 ▪ 23 Tpr. Steven Escott Tpr. Matthew Korzek Tpr. Paul Oster MC Ofcr. William Beam, Tpr. Steven Escott, Tpr. Matthew Korzek and Tpr. Paul Oster (all of the Bridgeport Post), are receiving the Lifesaving Award for administering first aid to save the life of another. On October 8, 2008, MC Officer Beam was finishing a traffic stop when another motorist stopped and advised the passenger in his vehicle was having a heart attack. MC Officer Beam quickly determined the passenger had no pulse and was not breathing. Trooper Korzek arrived to assist MC Officer Beam administer first aid. Trooper Escott and Trooper Oster also responded, bringing with them an Automated External Defibrillator (AED). They administered a shock from the AED, after which the officers were able to detect a pulse. The subject was then transported to the hospital where he was admitted into intensive care. MC Ofcr. Robert Letchanski and Tpr. Randy Parros (Detroit Post) are receiving the Lifesaving Award for administering first aid to save the life of another. On July 1, 2008, MC Officer Letchanski responded to a citizen complaint of a possible drunk driver. Tpr. Randy He located a vehicle parked on the shoulder Parros of the road. The driver was intoxicated and the passenger was unconscious and not breathing. MC Officer Letchanski removed the passenger from the vehicle and began administering first aid. Trooper Parros arrived and assisted until emergency medical personnel could respond. The subject later recovered at the hospital. Tpr. Charlene Green (Metro South Post) is receiving the Lifesaving Award for ad ministering first aid to save the life of another. On August 31, 2008, Trooper Green was assisting with a traffic stop when another vehicle stopped abruptly Tpr. Charlene and the driver began yelling that her child Green was dying. As she approached the vehicle, Trooper Green observed an 11-year-old girl with a deep, six inch long laceration along her inner arm. Trooper Green immediately applied pressure to the exposed artery as the girl drifted in and out of consciousness. When emergency medical personnel arrived, they advised Trooper Green to continue the pressure on the artery, as it was keeping the girl alive. The child was then transported to the hospital for additional care. 24 ▪ Michigan Trooper ▪ Tpr. Gregory Morenko and Tpr. Ben jamin Sonstrom (both of the Ypsilanti Post) are receiving the Lifesaving Award for administering first aid to save the life of another. On February 3, 2009, Trooper Morenko and Trooper Sonstrom re Tpr. Gregory sponded to a call for assistance involving Morenko an unresponsive woman. Upon entering the residence, the troopers observed the subject’s son attempting to perform CPR while receiving instructions over the phone. Trooper Morenko and Trooper Sonstrom immediately took over the administration of first aid and, thanks to their efforts, Tpr. Benjamin the subject’s condition improved by the Sonstrom time emergency medical personnel arrived. Trooper Sonstrom continued to provide first aid until the subject was transported to the hospital. Tpr. Stacy Baylis (Hart Post) is receiving the Lifesaving Award for administering first aid to save the life of another. On May 4, 2009, Trooper Baylis responded to a report of a possible heart attack. Upon arrival, she found an unconscious subject with no pulse Tpr. Stacy and sporadic breathing. Trooper Baylis Baylis began administering first aid and was soon assisted by emergency medical personnel. ■ CORRECTION: In the May/June issue of the Michigan Trooper, S/Sgt. A.J. Bray was incorrectly identified as Tpr. A.J. Bray on p. 36. from QUALIFIED, page 10 It only stands to reason that the basic experiences among troops will be basically the same across the board. So to make a hiring decision solely or even predominately on experience would be short sighted. I am not saying that one selection process is better than another. They all have their deficiencies. What I am saying is that no matter what system is used, we can all think of troops who we believe would have been better than those who were ultimately chosen for whatever reason. That should be kept in mind before we say which qualification system is better than another. ■ Good Job Troops! HOMICIDE ARREST: On May 27, 2009, the Brighton Post was contacted by a Howell resident, who voiced concerns about a missing 50-year-old Wixom woman. An extensive investigation, involving posts from Detroit, West Branch, Houghton Lake and Brighton, led investigators to a wooded area in Crawford County. The body of a female was located in a shallow grave in this wooded area. Numerous search warrants were executed, which resulted in the development of a crime scene and suspect. The suspect, a 49year-old Howell man, was arrested in the city of Detroit on June 6, 2009. The arrested subject was the alleged boyfriend of the victim. The suspect is currently lodged in the Livingston County Jail pending arraignment. This investigation also employed the expertise of the Northville and Grayling Forensic Labs, First and Second District Fugitive Teams and LAWNET. AUTH: D/Sgt. Poulson, Brighton Post NORTHERN HEROIN: On Sunday, May 31, 2009, Tpr. Shane Smith was very close to his maximum mileage for the day, when he stopped a vehicle for speeding. The 29-year-old male driver from Alpena and his 23year-old female passenger, also from Alpena, said they had just returned from the Flint area with their rear seat passenger, a 23-year-old from Detroit. The Detroit male had four warrants for his arrest. Tpr. Smith knew the area the subjects had visited as a high narcotic use area from working in Flint. After arresting the male from Detroit and finding a small plastic baggie with marijuana residue inside. Tpr. Smith received consent to search. He located a plastic baggie containing 191 packets of heroin and a small scale stuffed inside a pair of neoprene fishing waders inside the trunk. The three individuals knew the heroin was in the vehicle and was packaged to sale in the Alpena area. The Detroit man was lodged on PWID Heroin. Charges are being sought on the other two. AUTH: Sgt. Owen, Alpena Post TASK FORCE SUCCESS: The two adults arrested in the brutal September 25, 2008 assault and robbery of an 87-year-old woman, in Brownstown Township, have accepted plea deals ranging from 8-20 years. Detectives expect the sentencing to be on the high end as the senseless violence captured the attention of all area communities. The Downriver Major Crimes Task Force was activated on October 6, 2008. The Task Force was led by D/Sgt. Ken Walker and the Tip Control Officer Trooper Investigator Robert Weimer. While working together, over a week long period, the task force was able to identify, locate and arrest the sus pects. They were charged with Home Invasion First Degree, Unlawful Im prisonment, Unarmed Robbery, and Assault to Do Great Bodily Harm Less Than Murder. The task force was assisted by the Intelligence and Violent Crimes Unit, over 30 Downriver Detectives, DRANO, and the Northville Laboratory. AUTH: Lt. Hughes, Metro South Post GROW OPERATION: Troopers Mike Kaatz and Andy Feehan re sponded to a residence for an assault in which the suspect departed just prior to their arrival. A female at the home, laid down on the living room floor in an attempt to hide from them as they approached. She believed she was wanted for outstanding warrants. A helpful neighbor directed the troopers to a window that he said “had a nice view” into the residence. Tpr. Feehan peered in through the window to find an active marijuana grow operation. Seven plants were seized and charges are pending. AUTH: Sgt. Rogers, Sandusky Post ECSTASY ARREST: On June 2, 2009, BAYANET officers executed three search warrants in the city of Midland. During the course of the investigation, BAYANET officers recovered over 200 tablets of Ecstasy and over two pounds of marijuana. Items seized for forfeiture included electronics equipment, computers and $1000.00 in U.S. currency. Two suspects were arrested and lodged in the Midland County Jail. The charges pending include Possession with Intent to Deliver Ecstasy, Possession with Intent to Deliver Marijuana and Felony Warrants for Dangerous Drugs. The investigation is on-going and additional arrests are pending. AUTH: D/F/Lt. Melvin Mathews, BAYANET MARIJUANA SEIZURE: While on patrol on E/B I-94 near Grand River, in the city of Detroit, Troopers Bradley Lammi and Gregory Primeau observed a ve hicle traveling in the center lane with an improper registration plate. A traffic stop was initiated. Upon contacting the driver, a strong odor of fresh marijuana was detected from the passenger compartment of the vehicle. The driver was asked if there was marijuana in the vehicle and he replied, “Yes, in the trash bag.” In plain view, was a black garbage bag containing 12 large, clear, plastic bags of fresh suspected marijuana. The driver of the vehicle was arrested and transported to the Detroit Post ▪ July/August, 2009 ▪ 25 for processing. AUTH: Lt. Bennie F. Bowers Jr., Platoon Commander, Detroit Post TASK FORCE SUCCESS: On Wednesday, June 3, 2009, D/Tpr. Matthew Jordan of the Saginaw Vio lent Crimes Task Force completed a three month long money laundering investigation, culminating in two separate search warrants. The target of the investigation was spending hundreds of thousands of dollars at the Soaring Eagle Casino in Mt. Pleasant while failing to pay taxes on the large amounts of winnings. A search warrant was conducted at a party store in Saginaw County, along with a private residence. Approximately $10,000 in cash and records were seized from the store. Subsequent search warrants were conducted on the suspect’s bank accounts, freezing the assets valued at over $100,000. A safety deposit box containing a large amount of gold jewelry was also seized. This investigation was completed with the assistance of the Michigan Intel ligence Operations Center (MIOC), ATF, IRS, BAYANET, and the 3rd District HST. AUTH: D/Sgt. Scott Woodard, MIOC 3rd District, Special Operations Division PONTIAC DETAIL: While work ing in the city of Pontiac, Tpr. Eric Byerly stopped a 2005 Chrysler 300 (painted almost MSP blue) for disregarding a train signal. Tpr. Byerly made contact with the driver and noticed marijuana residue (shake) on the center council. Pontiac PD responded as back up. The two occu pants were removed and a probable cause search of the vehicle was conducted. Located in the trunk was 5 heat sealed bricks of marijuana totaling close to 30 pounds. The two occupants of the vehicle are known gang members from the north side 26 ▪ Michigan Trooper ▪ of Flint. The passenger is on parole for AWIM. More than $1,300 was forfeited, as well as the MSP blue Chrysler 300. While working in Pontiac, in conjunction with ATF, Tpr. Phillip Duplessis was informed of nar cotics being transported in a black Suburban. Tpr. Duplessis located the suspect vehicle, which contained four occupants, and made a traffic stop for following too close. The driver was suspended and arrested. He was also wanted for a FOC warrant. The rear passenger was known to Tpr. Duplessis and had a felony warrant for his arrest. Agents from ATF provided back up and a probable cause search of the vehicle was conducted. Located in the Suburban was a half kilo of powder cocaine, a vacuum sealer and vacuum bags. The case was turned over to ATF for federal charges. AUTH: Sgt. M. Budde, MSP Pontiac Detail POLICE TEAMWORK ENDS 58 MILE VEHICLE PURSUIT WITH ARRESTS: On June 4, 2009, at approximately 3:05 pm, troopers from the Bridgman Post attempted to stop a vehicle for careless driving on E/B I-94 in Lake Township. The driver failed to stop and a pursuit ensued. The pursuit traveled east on I-94 through Berrien County and continued north on I196 into Van Buren County. Several attempts to utilize stop sticks were made in Berrien and Van Buren Counties. As the pursuit continued into Allegan County, troopers from the Saugatuck Detachment (Wayland Post) successfully deployed stop sticks on I-196 in Saugatuck Township. The suspect vehicle’s front tires deflated, causing the vehicle to come to a stop. Both the driver and passenger were arrested without incident. A bag of marijuana that the suspects threw from their vehicle during the pursuit was recovered. The charges included Possession with Intent to Deliver Marijuana, and Fleeing and Elude. The 23 and 53-year-old men from Chicago also face parole violations. The Bridgman Post was assisted by troopers from the South Haven Satellite, Paw Paw Post and Saugatuck Detachment. Other assisting agencies included the Berrien County Sheriff’s Department and officers from Lin coln Twp. PD, Coloma Twp. PD and South Haven PD. AUTH: Sgt. Steven Barker, MSP Bridgman LIFE SAVED THEN ARREST ED: Early on June 5, 2009, Troopers Dale Hillier, Kevin Rajala, Keel Stine, and Mack Schlicht were investigating a felonious assault that occurred in a motel room near Gwinn. The victim was choked out while having a knife held to her throat by a suspect threatening to kill her. The suspect fled prior to troopers arriving, but was soon located in an unoccupied dwelling (house trailer). Upon arrival, it was apparent that the trailer was on fire. Troopers called for the fire department and then entered the trailer with a hand held fire extinguisher. Troopers had to crawl through the trailer due to thick, heavy smoke. The suspect was found near unconsciousness, hiding in a rear bedroom closet. The fire was burning in the middle bedroom and was extinguished after the suspect was dragged from the building. The suspect was transported to the local hospital and released a short time later. The suspect was charged with Felonious Assault, Illegal Unlawful Entry, with possible Arson charges yet to come. Two fugitive warrants were also satisfied. AUTH: F/Lt. Halpin, MSP Negaunee Post ASSIST DEA: Troopers Joshua Reeber and Steve Temelko assisted the DEA after being given a tip that a suspect was leaving Detroit for Wisconsin, in a Black Ford pickup. Troopers located the truck and initiated a traffic stop for speeding, along westbound I-94, in Washtenaw County. Troopers asked the driver if he had anything illegal as a general question, and the driver said, “Yes, I have a gun.” A consent search also revealed a 50 pound dog food bag, concealing 10 pounds of marijuana, in the bed of the truck. The suspect has been lodged pending further investigation by the DEA and additional charges. AUTH: Sgt. Pascoe, Ypsilanti Post CCW ARREST: Tpr. Blake Dilley stopped a vehicle for speed (89/70) and arrested two men for CCW, who were en route from Chicago to Kalamazoo. Further search of the vehicle revealed black coats, sweat shirts, hats, gloves, and bandana. The subjects, one of which had a LENGTHY criminal history for B&E, Armed Robbery, CCW, and Assault, advised they were on their way to Kalamazoo to “rough up” a guy named Phil. The investigation continues. This was an excellent stop! AUTH: Sgt. Brower, Bridgman Post HIDDEN COMPARTMENT: On June 6, 2009, Troopers Diggs and Shears, of the 5th District HTST, made a traffic stop on a vehicle for following too close on I-94, in Berrien County. During contact/conversation with the driver, consent to search the vehicle was obtained. During the search of the vehicle, excessive tooling was observed on bolts near the rear bumper. Once the bolts were removed, the troopers were able to remove the bumper from the vehicle. This allowed access to the trap. Troopers removed 10 kilos of cocaine, wrapped in black electrical tape, from inside. The Detroit man was arrested for PWID Cocaine and lodged in the Berrien County Jail. Troopers were assisted by DEA Detroit and K9-54. AUTH: Sgt. Richard Dragomer, 5th Dist. HTST BAIL OUT: On June 8, 2009, Tpr. Richard Pazder attempted to stop a vehicle for a seatbelt violation in Kalamazoo County. A chase ensued with the suspect vehicle entering a trailer park. Two of the three occupants “bailed out” of the car, one of which was observed to be armed with a handgun. Tpr. Pazder continued to pursue the vehicle until the driver also “bailed out” of the moving car. The driver was apprehended a short time later. Approximately an hour later, Tpr. Christopher Douponce located the passenger and a foot chase followed. The second suspect was taken into custody without incident. The driver was arrested for Fleeing and Elude and Parole Violation. The passenger was arrested for R & O and three outstanding warrants. Assisting agencies included Kalamazoo County, Kalamazoo DPS K-9, and Portage PD. AUTH: Sgt. Bennett, Battle Creek Post CSC: At 4:30 p.m., on June 9, 2009, Trooper Lizabeth Hunt was dispatched to investigate a CSC complaint. Upon identifying the suspect, Trooper Hunt obtained knowledge that the suspect was in Saginaw buying marijuana. With the assistance of the Midland County Sheriff ’s Office, Trooper Hunt was able to locate the vehicle and conduct a traffic stop. A consent search revealed several scales and 2.7 ounces of marijuana. During the interview, the 20-year-old suspect admitted to sexual contact with two 14-year-old girls. The suspect was lodged at the Midland County Jail for Possession with Intent to Deliver. Charges of CSC 3rd degree are being sought. AUTH: F/Lt. J. Card, Bay City Post METH ARRESTS: Tpr. Brad Hetherington received information about a subject with a warrant at a residence in Lyons, Michigan. The subject was known to be involved in the production of methampheta mine and wanted for questioning in multiple countywide complaints. D/Sgt. Kate Trietch provided surveillance as additional officers responded to the scene. A traffic stop was conducted after the suspect was observed leaving the residence in a vehicle with several other adults and a 2-year-old child. Open alcohol and components commonly used in the manufacturing of methamphe tamine were located in the vehicle. The three adult occupants were arrested on meth related charges and the child was turned over to DHS. Also assisting was Troopers Brian Siemen and Bradley Campbell, officers from C.M.E.T., and the Ionia County Sheriff’s Department. AUTH: F/Lt. Pat Richard, Ionia/ Lakeview Posts RECOVERED STOLEN VEHI CLE: On Friday, June 12, 2009, Tpr. Jeff Lehman (Sheridan Detachment - Jackson Post) stopped a pickup truck for excessive speed at Devereaux and Calhoun Roads, in Calhoun County. Upon activating the patrol unit’s emergency lights, the vehicle increased speed and turned southbound on Calhoun Road, resulting in the vehicle running off the roadway into a ditch. The driver and only occupant, a 29year-old Battle Creek resident, exited the vehicle, place his hands in the air and stated that he stole the truck. He had been sleeping in farm fields since the time of the theft. He was running away from an adult foster care because they had been mean to him. The truck was reported stolen to Battle Creek PD on June 11, 2009. The subject and vehicle were turned over to Battle Creek PD for further investigation. AUTH: F/Lt. Jim Shaw, Jackson Post. see GOOD JOB TROOPS, page 36 ▪ July/August, 2009 ▪ 27 Making the News ... Body confirmed to be that of missing Wixom woman D/Sgt. Greg Poulson of the Michigan State Police announces new details on the body found in Crawford County, confirming that the identity is that of missing Wixom woman Kelly Marie Duberg. Poulson also indicated that the cause of death was strangulation. (Photo by Gillis Benedict/Daily Press & Argus) Police said Monday they have positively identified a body found in Crawford County to be that of 50-year-old Wixom resident, Kelly Marie Duberg. Police have confirmed the woman died of strangulation. Meanwhile, police are pursuing first-degree murder charges against a 49-year-old Howell man in connection with the disappearance of the woman, but are not releasing any suspect information pending arraignment either today or tomorrow. A May 27 call to police relating concerns about the missing woman spurred an investigation that led to a woman’s body in a shallow grave in a wooded area of the northern Lower Peninsula’s Crawford County, the Brighton Post of the Michigan State Police said Saturday. The discovery follows a week in which authorities had been investigating the disappearance of 50-year-old Wixom resident, Kelly Marie Duberg, though police on Saturday would not publicly connect Duberg’s name to the body discovered in Crawford County. Police said the Howell man, whom they described as the victim’s alleged boyfriend, was arrested Saturday in Detroit. He is being held at the Livingston County Jail pending arraignment, which is expected Monday, said Detective Sgt. Greg Poulson of the Brighton Post. Poulson said police would look to pursue charges of first-degree murder in the case, though the final decision rests with the prosecutor’s office. Duberg was last seen on May 22, 2009, in Plymouth. Police said last month they were investigating “suspicious circumstances surrounding” her disappearance, though they declined to elaborate. They said they found Duberg’s red four-door 2003 Pontiac Grand Am in the Brightmoore area near Telegraph Road and Five Mile Road, which is also known as Fenkell Road, in the Detroit area. Police said personnel from the state police posts in Detroit, West Branch, Houghton Lake and Brighton were involved in the investigation. Also involved in the case were the Northville and Grayling State Police forensics labs; the 1st and 2nd District State Police fugitive teams; and the Livingston and Washtenaw Narcotics Enforcement Team. Police earlier identified the victim as Kelly Marie Duberg. ■ This article was originally published June 8, 2009. It is reprinted with permission from the Livingston Daily Press & Argus. REMINDER: Michigan Trooper The Michigan Trooper is always looking for stories from the road (past or present), young pictures of current members for the “Guess Who” section, favorite quotes, wedding or new baby information for the “Register of Deeds”, or any article you would like to see published. Magazine Deadlines: Please send your submissions to: [email protected] 28 ▪ Michigan Trooper ▪ Sept./Oct. issue................... September 15, 2009 Nov./Dec. 2009 issue.......... November 15, 2009 Jan./Feb. 2010 issue......... December 31, 20009 March/April 2010 issue........ February 28, 2010 May/June 2010 issue.................... April 30, 2010 Making the News ... State Police allege $2 million embezzled CHARLEVOIX COUNTY – Three people have been arrested and detectives from the Michigan State Police (MSP) say there could be more once an investigation into the alleged embezzlement of around $2 million from Boyne City’s Great Lakes Energy electric cooperative is completed. MSP Petoskey Post D/Sgt. Gwen White-Erickson said two suspects, husband and wife, Robin, 46, and Shelley Stewart, 44, from Gaylord, were arrested last week. A third person, George Edwin Reed, 67, who currently resides in Florida, turned himself in to authorities in Charlevoix County Monday. All three are lodged in the Charlevoix County Jail while awaiting arraignment on numerous charges. Robin Stewart, a former Great Lakes Energy employee for 18 years, was terminated in September 2008, after company officials contacted state police regarding an embezzlement they had uncovered. The internal investigation reportedly identified Stewart, the vegetation management specialist at the time, Reed, a contracted tree trimmer with G&J Tree Inc. as well as Stewart’s wife, as the suspects in the embezzlements. The MSP Petoskey Post, with assistance from the MSP Gaylord Post, then began an eight-month investigation which culminated last week in arrest warrants for the trio of suspects through the Charlevoix County Prosecutor’s Office. After reviewing Great Lakes Energy documents and bank documents, detectives allegedly determined Stewart had authorized fraudulent payment to G&J Tree Inc. White-Erickson said the payments were based on false invoices submitted by G&J Tree Inc., for work which had never been done by the tree trimming company. Shortly after the investigation began, White-Erickson said an ORV and a motorcycle belonging to the Stewarts were seized from their Pine Briar residence in Gaylord as evidence. According to White-Erickson, the theft of funds began in 2006 and continued until September 2008 when they were discovered by business officials, and Stewart was terminated from his position with the company. George Edwin Reed, Shelley Stewart and Robin Stewart are charged with embezzling $2 million from Great Lakes Energy. Following their arrests Thursday and Friday, the Stewarts were lodged in the Charlevoix County Jail, each on bonds of $1 million. The three suspects were arraigned Tuesday in Charlevoix County’s 90th District Court on multiple counts of embezzlement over $100,000, conducting a criminal enterprise and use of a computer to commit a felony. Since completing their internal investigation, WhiteErickson said Great Lakes Energy officials have cooperated with the state police and Charlevoix County Prosecutor’s Office in the case, and company officials report they intend to seek full restitution from the three defendants. Great Lakes Energy officials said they retain an independent auditor to annually review its accounting and invoicing procedures, and annual audits have consistently shown the cooperative’s internal controls to be sound and all member records to be secure. Great Lakes Energy has stated its co-op member’s rates and services would not be impacted by the alleged embezzlement. The Boyne City electric company is a member-owned cooperative serving more than 120,000 members in 26 Michigan counties. ■ This article, authored by Michael Jones, was originally published June 9, 2009. It is reprinted with permission from the Gaylord Herald Times. ▪ July/August, 2009 ▪ 29 MICHIGAN STATE TROOPERS ASSISTANCE FUND, INC. c/o: MSPTA • 1715 Abbey Road, Suite B • East Lansing, MI 48823 Phone: 517-336-7782 • Facsimile: 517-336-8997 6th Annual “MSTAF” Charitable Fund Golf Classic Michigan State Troopers Assistance Fund o Tee Sponsorship Tee Sponsorships are $100. o Prize Donation Please be sure to include the value of your donation on the form below. Deadline for Tee Sponsorships and Prize Donations: September 1, 2009 The Michigan State Troopers Assistance Fund is recognized by the IRS as a 501(c)(3) non-profit organization. Contributions to the Assistance Fund are tax deductible to the extent provided by law. Money raised will be used to support the MSTAF Graduating Senior Scholarship Program and to aid in the donation of Automated External Defibrillator (AED) Units. Please note that upon receipt of this form the office will complete the bottom portion and return a copy to you for your records. Monday, September 14, 2008 • Otsego Club • Gaylord, MI 18 Holes • 4-Person Scramble (Limited to the first 144 golfers) 9:00 a.m. Registration • 10:00 a.m. Shotgun Start Includes: Cart • Gift Bags • Prizes • Dinner Name: Company Name: Board of Directors Chairman Rich Davis President Mark Tamlyn Vice-President Scott Wilber Secretary/Treasurer Richard Hale Members Larry Schneider Rick Doehring Herman Brown Advisors Michael Moorman A 501(c)(3) non-profit organization Email Address: Address: City / State / Zip: Phone / Fax: Name as you would like it to appear on your tee sign: Donation Description: q Tee Sponsorship q Prize q Gift Bag Item q Cash Donation q Other Value: MSPTA Representative: DO NOT WRITE IN BOX Date Received: Check Number: Received By: Tee Sponsorship / Prize Value: Date Receipt Mailed: Staff Initials: 30 ▪ Michigan Trooper ▪ Tax ID # 38-3113607 A word of thanks to our golfers, sponsors and volunteers! Michigan State Police Troopers Association 1715 Abbey Road, Suite B East Lansing, MI 48823 6th Annual MSTAF Golf Classic Please remove this section and return to: Please take a moment to be sure all four player’s information is complete and that the team’s fee is included. Please contact Pat at the MSPta office (517) 336-7782 ext. 101 email: [email protected] or tpr. Mark tamlyn at the Cheboygan Post (231) 627-9974 email: [email protected] Not a golfer? We also need volunteers to make this event a success! ▪ July/August, 2009 ▪ 31 696 M-32 East Main Street Gaylord, MI 49734 (989) 732-5181 • Toll Free: (800) 752-5510 Finding The Otsego Club (MSTAF Golf Classic – Tribute Course) The Otsego Club offers a golf experience comprised of two uniquely-challenging PGA championship courses – The Classic and The Tribute, designed by Rick Robbins and PGA Tour Professional, Gary Koch. Each course offers scenic beauty in the form of woodlands, water and wildlife. 696 M-32 East Gaylord, Michigan 49734 Otsego Club Monday • September 14, 2009 4-Person Scramble 9:00 a.m. Registration 10:00 a.m. Shotgun Start Charitable Golf Classic 6th Annual 6th Annual Golf slots are limited to 36 teams and will be on a first come basis! REGISTER TODAY! Golf the day before or day after! Classic - $35 / Tribute - $60 w/cart. Mention the MSTAF Golf Outing to receive our discounted lodging rate ($70 + taxes) by August 17th! (989) 732-5181 or (800) 752-5510 Call the Otsego Club to make your lodging reservation: ~~~~~~~~~~~~ • Door Prizes • Raffle Prizes • Putting Contest • Skins Game • Prizes for Closest to the Hole – Men & Women. • Prizes will be given for the Longest Drive – Men & Women. • Prizes will be awarded to the 1st, 2nd, 3rd and Last-Place teams! • Gift bag for each entrant. Don’t Miss Out! Includes: Cart • Gift Bags • Prizes • Dinner All proceeds benefit the MSTAF Graduating Senior Scholarship Program and the donation of Automated External Defibrillators (AEDs) Prizes will be awarded and raffle drawings will conclude the event. Following Golf Dinner 10:00 a.m. Shotgun Start – Tribute Course Hot Dogs & Chips at the turn 9:00 a.m. Registration Coffee & Donuts Schedule of Events Charitable Golf Classic 32 ▪ Michigan Trooper ▪ Email: Phone: State: City: Mailing Address: Name: Email: Phone: State: City: Mailing Address: Name: Email: Phone: State: City: Mailing Address: Name: Email: Phone: State: City: Mailing Address: Name: Zip: Zip: Zip: Zip: 4 3 2 1 Fax: Fax: Fax: Fax: Mail to: 6th Annual MSTAF Golf Classic Michigan State Police Troopers Association 1715 Abbey Road, Suite B East Lansing, MI 48823 Completed form and payment must be received no later than August 31, 2009. The entire team must register on the same form, listing the captain as Player One. $75 per golfer / $300 per foursome Registration Form Michigan State Troopers Assistance Fund This is what MSTAF is really all about! Otsego High School graduate Cassondra Cramer (center) received a scholarship from the Michigan State Troopers Assistance Fund. Her father, Jeff, and Trooper Tim Permoda pose with her at the Wayland Michigan State Police Post. (Photo by Dan Pepper) From the Last Issue Tpr. Joseph Brodeur Update from Houghton Lake ... Many of you have asked about the field. Thank you to everyone who voted time and time again to keep us “up there” – we ended number 20 and now our field will get help from Kellogg’s. We had over 177,000 votes and that assures us that they will help with the field. It will be late this summer when it will be announced, as the judges will now go to the top 30 fields and check them out to see what is needed. Thank you so very much for all of your help. We couldn’t have gotten there without all of your voting. I am so happy and proud! – Lenore Graham Hauch ▪ July/August, 2009 ▪ 33 NATIONAL TROOPERS COALITION PICNIC HOSTED BY Delaware State Troopers Association Thursday September 10, 2009 10:00 AM to 6:00 PM Lums Pond State Park Newark, Delaware $60.00 / Person / No Refunds Payment Received No Later Than Friday, August 28, 2009 No Tickets Sold At The Gate Active and Retired State Police & Highway Patrol Only Police ID Required At The Gate (302) 736-9958 For Further Information Call: Email: [email protected] Make Checks Payable to: D.S.T.A., P.O. Box 168, Cheswold, Delaware 19936-0168 34 ▪ Michigan Trooper ▪ Tpr. Kevin M. Marshall Memorial Golf Outing WHEN: WHERE: TIME: COST: FORMAT: Friday, September 11, 2009 WHITEFISH GOLF COURSE SHOTGUN START AT 9:00 A.M. $60.00 PER PERSON ($240.00 PER TEAM) Includes Catered Dinner and Prize 4-PERSON SCRAMBLE The seventh Annual “Tpr. Kevin M. Marshall Memorial Golf Outing” will be held on Friday, September 11, 2009, at Whitefish Golf Course in Pierson, Michigan. The funds raised from this event will be used for the expansion of “Marshall Memorial Park” located in the city of Newaygo. Whitefish Golf Course is located at 2241 N. Bass Lake Rd., Pierson, MI 49339. Take Exit 114 off US 131. Go west on Cannonsville Rd. to Bass Lake Rd., then south to the golf course. Phone: (616) 636-5260. Toll Free: (888)368-5666. We ask that you arrive at Whitefish Golf Course no later than 8:15 a.m. on the day of the event. There will be a team captains’ meeting at 8:30 a.m. and rules and cart keys will be handed out at that time. Dinner will be served at the conclusion of the golf outing. Awards and door prizes will also be handed out at this time. Remember to sign up early as we are limited to 120 golfers. Please respond by August 28, 2009 to: Tpr. Larry Andres, 360 Adams, Newaygo, MI 49337. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TEAR OFF - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MAKE CHECKS PAYABLE TO: MARSHALL MEMORIAL PARK TEAM: Home TX: Mail Payment to: (TEAM CAPTAIN) Work TX: Michigan State Police Tpr. Larry Andres 360 Adams Newaygo, MI 49337 231-652-1661 ▪ July/August, 2009 ▪ 35 from GOOD JOB TROOPS, page 27 PURSUIT: On June 16, 2009, troopers from the Jonesville Post were advised of a pursuit traveling toward Hillsdale County from Calhoun County. Troopers Arthur McNew, Jereme Miller and Toby Baker responded in the general area. Four minutes later, Tpr. McNew intercepted the pursuit on M-99 involving a Dodge Neon and a Homer Police officer. Tpr. McNew quickly caught the pursuit with his Dodge Charger and was requested by HPD to become the primary unit. As he assumed primary position, Troopers Miller and Baker set up a pair of stop sticks on the approaching route. After concluding that driving fast was not working, the suspect pulled to the shoulder and ran into the wooded area. Tpr. McNew quickly caught him while the HPD officer covered the suspect vehicle. With assistance of all three troopers, the driver was arrested for Homer PD for Flee and Elude and Possession of Meth. The female passenger was arrested on a felony warrant. The total lapsed time from interception to arrest was four minutes and four seconds. AUTH: Sgt. D. Schutter, Jonesville Post SUICIDAL: On June 16, 2009, Tpr. Dan Thompson was dispatched to check a suicidal subject. When Tpr. Thompson arrived, he observed a subject who, at first, appeared to be climbing a 35 foot tower. The subject was hanging, with one arm on a cross member, and had a yellow nylon rope wrapped around his neck. It appeared he had tried to hang himself. As Tpr. Thompson got out of the patrol car, he heard the subject yelling “Help! Help! I can’t hold on. I don’t want to die. I don’t want to die.” Tpr. Thompson ran to the subject and was able to move the subject’s legs, which were 6 to 7 feet above the ground, to a cross member which helped support his weight. The trooper then climbed 36 ▪ Michigan Trooper ▪ the tower, untied the knot above the noose, and assisted the subject, who was having difficulty breathing, to the ground until the ambulance arrived. Three suicide notes were found at the scene. Tpr. Thompson was assisted by the Huron Sheriff’s Department. AUTH: Sgt. Eichler, Bad Axe Post SHOOTING SUSPECT AR RESTED IN FLINT: While working a Project Safe Neighborhood Directed Patrol on June 17, 2009, Troopers Charles Barker and Troy Szukhent responded to a “subject that had been shot and then ran over.” As first on scene, they found a victim that had been shot in the head. The victim then drove through an intersection and was struck broadside by another vehicle. The troopers provided first aid, conducted instant field interviews, determined which yard/ house the suspect shot from, obtained consent to search the house, and recovered the suspect weapon, an AK-47. The troopers also obtained the license plate of the vehicle the suspect fled in. They relayed this information to Troopers Rick Kane and Scott Nichols (also working P.S.N.), who went to the registered owner’s address, obtained consent to search, and located the 17-yearold suspect hiding in the attic. The victim apparently died twice during surgery; however, is recovering as of this morning. AUTH: Sgt. Moore, Flint Post. CHILD PORN SUSPECT TURNED IN BY GIRLFRIEND: On June 17, 2009, Troopers Brenda Kiefer and Ben Seal were contacted at the post by a woman who had a flash drive containing child pornog raphy videos that she obtained from her boyfriend without his knowl edge. Troopers went to the residence, awakened the sleeping suspect with a friendly greeting, then arrested and brought him to the post. A search warrant was served at the residence. It is suspected that additional child pornography will be recovered from the multiple computers and equipment seized. The suspect confessed to downloading child pornography and uploading it to his flash drive less than two hours after the complainant came to the post. The suspect was lodged at the Cass County Jail with a $100,000 bond. AUTH: F/Lt. Brown, Niles Post LIFE SAVING: At 3:43pm, on June 21, 2009, Troopers Matt Djerf and Dieter Kochan (121st Recruit School) were called to the scene of a man down in Calumet Twp. Upon arrival, they quickly found that the 61-year-old man was not breathing and had no pulse. Troopers immedi ately began CPR and attached their AED. After analyzing the subject, the AED advised to shock. After one shock was administered, the man regained his pulse and started attempts to breathe on his own. The troopers stabilized the man and assisted EMT’s with loading him man into the ambulance. Tpr. Djerf drove the ambulance to Aspirus Keweenaw Hospital while EMT’s gave medical treatment. Kochan followed in the patrol car. When the troopers cleared the hospital, the man was breathing on his own and had a good pulse and blood pressure. The family contacted the post today to say thanks and advise that their husband/father was in stable condition. AUTH: Sgt. Barry Koljonen, Calumet Post BANK ROBBER PLAYING ROULETTE: Chesterfield P.D. contacted the MSP Gaming Section requesting assistance with checking the casinos for a Bank Robbery suspect. D/Spl. Mark Castillo checked Greektown Casino and located the suspect at a roulette table. D/Spls. Darrin Grandison, Will Dawson and Castillo contacted the suspect and confirmed his identity. D/Spls. Grandison and Castillo escorted the suspect to the interview room. A search of the suspect revealed drugs that field tested positive for cocaine. D/Spl. Castillo turned the suspect over to Chesterfield P.D. on their Bank Robbery charges. Charges are pending on Possession of Cocaine. AUTH: D/Lt. Hendrix, – Gaming Section COCAINE / IMMIGRATION ARREST: Troopers Robert Scott and Derrick Myers (121st Recruit School) were working patrol on US 127 together due to a patrol car shortage. They stopped a vehicle for a loud exhaust. The driver had no ops, did not have proper citizenship documentation, and had possession of a small amount of cocaine. The subject was arrested and lodged per the above. The investigation pends contact with ICE. AUTH: F/Lt .Douglas Wright, Ithaca Post STOLEN HEAVY EQUIPMENT RECOVERED: At the request of MSP Corunna Post, Tprs. Dana McKee and Bennie Boyd – MSP Lansing Post, and Tpr. Mike Philipps – MSP Corunna, were requested to assist with a stolen property in vestigation out of Oakland County. Troopers made contact at a residence in southern Shiawassee County. Further investigation revealed a sto len Bobcat Skid Steer, John Deere Gator, Haulmark Trailer, Land Pride All Terrain vehicle, two sod cutters, Harley Power rake, and a Ex-Mark Commercial mower on the property. Tpr. McKee also obtained a full confession. Also assisting with the investigation was NICB - Al Norris (Retired). AUTH: D/Sgt. Williams, Lansing Post 3rd DISTRICT HST: On June 25, 2009, Tpr. Eric Wilber, of the 3rd District HST, conducted a traffic stop on I-75, in Bay County, for an equipment violation and speed. While contacting the occupants of the vehicle, a plastic bag was observed on the floor which appeared to have white powder inside. Due to the suspicious plastic bag and other indicators observed, a probable cause search was conducted. The plastic bag was found to contain one ounce of powder cocaine. Two occupants of the vehicle were placed under arrest. Further investigation led to a search warrant being issued for a motel room in the Village of Clare. A search of the motel room was conducted by Troopers Tiffany Robbins (Bay City Post) and Timothy Cruttenden (Mt. Pleasant Post). A handgun, taser and additional drug paraphernalia was seized as evidence. Both subjects were lodged in the Bay County Jail on various felony charges. One of the subjects was found to be a member of the Flying Wheels Outlaw Motor cycle Gang. Federal indictment is currently being sought. AUTH: Sgt. J. Hunt, 3rd District HST COUNTERFEIT BILL: Tpr. Scott Sharrar (MSP Hastings Post) was dispatched to McDonalds for a counterfeit 50 dollar bill. The suspect, who was still on the scene, stated she had gotten it from her credit union. She also said she questioned the teller about the bill and the teller stated it was okay. A search of suspect’s apartment found no other counterfeit bills, but found almost 30 counterfeit auto insurance certificates, with hand written names and VIN’s of “new customers.” The suspect was charged with Possession/ Sale of Counterfeit Insurance Certi ficates and Using a Computer to Commit a Crime. The suspect’s husband was charged with Possession of Marijuana, second offense. A third suspect was charged with Conspiracy, Possession of Counterfeit Insurance, and Habitual Offender, for helping deliver/distribute certificates. Credit union video tape shows the suspect did not “question” the teller about the counterfeit bill. ■ In Memory of Our Retirees D/Sgt. Donald R. Chambers (Ret.) 60th Recruit School 12/10/1942 – 6/15/2009 S/Sgt. Joseph J. Svoke (Ret.) 17th Recruit School 12/24/1913 – 7/5/2009 Tpr. William F. Meyer (Ret.) 51st Recruit School 6/13/1937 – 7/28/2009 Detective Avery Goodrich (Ret.) 23rd Recruit School 9/19/1918 – 8/8/2009 ▪ July/August, 2009 ▪ 37 38 ▪ Michigan Trooper ▪ Register of Deeds Madeline Kanitz, born 8-28-08, 1 lb., 5 oz., daughter of Lt. Matt Kanitz (Manistee Post) and wife Sarah Kanitz. Madeline spent 103 days in the NICU at DeVos Children’s Hospital in Grand Rapids before coming home. She is now over 12 lbs. and doing well. Madeline and her parents want to thank everyone for the cards, gifts, phone calls, and best wishes. Tpr Craig MacDonald (2nd District South Rep./ Detroit Post) with wife Stephanie. Craig and Stephanie were married on May 2, 2009 in Montego Bay, Jamaica. On hand to help celebrate ... Tpr. Matt Keller (Detroit Post) and wife Jessica, Tpr. Mike Smith (V.C.I.S./F.I.S.T.), Tpr. Lisa Lucio (2nd Dist. HST), Tpr. Jake Liss (Western Wayne Narcotics) and wife Mary. ▪ July/August, 2009 ▪ 39 Final Call Trooper Joshua D. Miller – Pennsylvania State Police Age: 34 Tour of Duty: 6 years Cause of Death: Gunfire Date of Incident: Sunday, June 7, 2009 Trooper Joshua Miller was shot and killed while attempting to apprehend a kidnapping suspect. At 7:45 pm, members of the Nazareth Police Department responded to a report of a protection-from-abuse order violation involving a weapon. As they arrived, the suspect took a 9-year-old boy from his mother at gunpoint and fled the location in a vehicle, leading to a 40 mile vehicle pursuit. The suspect’s vehicle was stopped in Coolbaugh Township (Monroe County) when members of the Pennsylvania State Police utilized the PIT maneuver, causing the vehicle to crash. Following the crash, Trooper Miller and another trooper approached the car in an attempt to rescue the boy from the suspect, but the suspect opened fire on the troopers striking Trooper Miller in the neck and leg, and striking his partner in the arm. The troopers were able to return fire, killing the suspect. When Trooper Miller and his partner were engaged in the gun battle, two other troopers were able to rescue the boy from the passenger seat of the suspect’s vehicle and carried him to safety. Trooper Miller was transported to a local hospital where he died from his wounds. His partner was also treated and recovered from his wound. Trooper Miller had served with the Pennsylvania State Police for six years and was assigned to the Swiftwater State Police Barracks. He had previously served with the United States Marine Corps. He is survived by his wife and three daughters. On July 12, 2007, Trooper Miller, along with other members of the Pennsylvania State Police, assisted members of the New York City Police Department in the capture of two of the men who killed Police Officer Russell Timoshenko and wounded his partner on July 9, 2007, during a vehicle stop in Brooklyn, New York. End of Watch: Sunday, June 7, 2009 Sergeant Andrew (Andy) Tingwall – New Mexico State Police Age: Not Available Tour of Duty: Not Available Cause of Death: Aircraft Accident Date of Incident: Tuesday, June 9, 2007 Sergeant Andy Tingwall died following a police helicopter crash on a mountainside near Santa Fe, New Mexico. He and a police observer had just taken off after rescuing a stranded hiker when the helicopter struck the mountainside and crashed. Despite being severely injured, the observer was able to hike from the area the following morning and was located by a rescue party. An intense search was initiated but rescuers had difficulty reaching the crash site due to weather and terrain. The bodies of Sergeant Tingwall and the hiker were located two days later when rescuers were able to reach the site. End of Watch: Tuesday, June 11, 2009 40 ▪ Michigan Trooper ▪ Trooper Jorge Dimas – Wisconsin State Highway Patrol Age: 23 Tour of Duty: 1 year Cause of Death: Automobile Accident Date of Incident: Saturday, May 9, 2009 Trooper Jorge Dimas succumbed to automobile accident injuries sustained one month earlier while on patrol on State Highway 35, near Frederic, Wisconsin. He was turning around to stop a traffic violator when his patrol car was broadsided by an oncoming pickup truck. Trooper Dimas had served with the Wisconsin State Patrol for only one year. He is survived by his fiance and child. End of Watch: Saturday, June 14, 2009 The Final Word Ø “We can’t always choose our circumstances, but we can choose our response to them.” – Anonymous Ø “No man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it.” – Theodore Roosevelt (The following three quotes were submitted by former MSPTA President Richard Darling.) Ø “No person was ever honored for what they received. Honor was their reward for what they gave.” – former President Calvin Coolidge Ø “We cannot solve problems by using the same kind of thinking we used when we created them.” – Albert Einstein Ø “Right is right, even if everyone is against it, and wrong is wrong, even if everyone is for it.” – William Penn Ø “Cautious, careful people, always casting about to preserve their reputations ... can never effect a reform.” – Susan B. Anthony Ø “Every man dies. Not every man really lives.” Ø “Always do everything you ask of those you command.” – George S. Patton Ø “Of the Marines on Iwo Jima, uncommon valor was a common virtue.” – Chester W. Nimitz Ø “I get no respect. The way my luck is running, if I was a politician I would be honest.” – Rodney Dangerfield Ø “Individual commitment to a group effort – that is what makes a team work, a company work, a society work, a civilization work.” – Vince Lombardi Ø “Out of suffering have emerged the strongest souls; The most massive characters are seared with scars.” – Kahlil Gibran – William Wallace Submitted by Mrs. Lloyd R. Fayling (retired) Do you have a favorite quote? Share it with the rest of us by sending it to: The Michigan Trooper , 1715 Abbey Road • Suite B, East Lansing, MI 48823 E-mail: [email protected] or [email protected] TROOPER Michigan State Police Troopers Association 1715 Abbey Road Suite B East Lansing MI 48823 Non Profit Org. US Postage PAID Lansing, MI Permit #121 ADDRESS SERVICE REQUESTED Sine The badge number on the cover of the Michigan Trooper is in honor of Tpr. Kevin M. Marshall, badge number 1529. On July 7, 2003, Tpr. Marshall was shot and killed by a barricaded gunman while engaged in an Emergency Support Team operation. Tpr. Marshall joined the Michigan State Police in January 1995 and was a member of the 111th Recruit School. He was assigned to the Newaygo Post. In 2002, he was selected for the Department’s Emergency Support Team. Tpr. Marshall was the 49th Michigan State Police officer killed in the line of duty, and the first to have been killed in an emergency services operation. Pari Call and make your reservation for the next Quarterly Meeting! (517) 336-7782 x101 Saturday & Sunday, October 24-25, 2009 Great Wolf Lodge Traverse City Registration Deadline is September 20, 2009 Call the office and make your reservation today!!!
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