Eviction Escalation in Grant Township

[XLFD]

Mason county's justice system and law enforcement is out of control.  An article written by Patti Klevorn of the City of Ludington Daily News (COLDNews) tells a story that illustrates this.  This article is reprinted in it's entirety below for analysis. 

A series of errors by legal professionals may have a 56 year old Amber Township man sitting behind bars for the rest of his life, because the system failed to protect his rights.  It starts off with a process server coming by 'his home' to serve him eviction papers.  The guy doesn't come to the door to accept the process, so the server calls for police assistance.

As a former apartment manager, I've had to go through the routine of serving eviction papers to deadbeat tenants, so I can commiserate with the frustration of the server.  However, the man had a legal right not to come to the door to receive the eviction.  The server should have let it go, and tried again.  When the MCSO arrived they should have explained to the process server (who could be a professional or just a normal person) that they cannot force the man to open the door and be served. 

According to the article, the deputies were talking with the man at his door when he made a reference to shooting.  From the circumstances, it would probably have been something like "Get off my property, or I will start shooting."  The article is unclear and taken from the deputies involved, which makes me think that it wasn't a hard threat. 

What was threatening was that the deputies then invaded the man's home, escalating the situation and likely violating the man's Fourth Amendment rights to be secure in his home.  I say likely, because mentioning 'shooting' in a non-specific way would usually not rise to an exigent circumstance to have law enforcement operatives invade a person's house absent of a warrant.  They received a felony arrest warrant shortly thereafter on the basis of the man's defense of his homestead.

As we sort through the verifiable facts, let's not forget how the Mason County Sheriff's Office escalated simple traffic stops, attacking innocent vehicle passengers, Kimberly Septrion, and Joseph McAdam and charging them with serious crimes when they were actually the victim of serious crimes conducted by the MCSO.  Thankfully, we have tapes of those encounters; it is yet unknown whether we will have records of this interaction that went bad, that would indicate whether there were any threats and whether it was legitimate for the deputies to do what they did.

Perhaps if we do, we can once again observe how poorly our county trains its deputies.  We will try to update this story as new information comes in.  There is a fair possibility that the process server worked for the MCSO, here is what they provide to landlords concerning this service.  If that was the case, they surely should know their bounds and not have to call for backup to serve process papers.

Ambulances from Grant Township Fire & Rescue and Life EMS block Amber Road at Countyline Road in Mason County's Grant Township Friday afternoon as they wait to hear if they are needed at the scene in which Mason County Sheriff's Office deputies say a man threatened to shoot them. 

GRANT TOWNSHIP — What started as service of an eviction notice ended in a 56-year-old man threatening to shoot Mason County sheriff’s deputies Friday afternoon. 

It could have ended much worse, Sheriff Kim Cole said. 

No shots were fired and no one was hurt or killed. 

“There is nothing to indicate the community is at risk,” Cole said. 

He does not have a violent criminal history, deputies determined, and they are learning more about him personally now through communication with people who are familiar with him. 

There is an arrest warrant for the man and the department is taking this time to re-evaluate the situation and let the man’s emotions settle. How and when he’ll be arrested is to be determined. 

“The arrest warrant is not going to go away,” Cole said. 

Two deputies were at the scene of the North Amber Road residence after they were called to assist a process server when the man refused to come to the door for the server to give an eviction court order.

The home is in foreclosure. 

Deputies went to the door of the home in the rural area off Countyline Road Friday. The man made a comment about shooting and went back into the house. The deputies went in after him. 

“He made it into a bedroom and again said something about shooting at them, and he could be heard racking a weapon,” Cole said. 

The deputies called in for assistance and together the Mason County Sheriff's Office, Manistee County Sheriff’s Office deputies and Michigan State Police troopers set up a perimeter around the house. 

The man was suicidal, according to information being shared with officers through Mason-Oceana 911.

Life EMS and Grant Township Fire & Rescue personnel responded and were available, staging at the Countyline and Amber roads intersection in case they were needed. 

In the meantime, an arrest warrant for felonious assault was secured, due to the man’s threat of shooting at the deputies, Cole said.

“The deputies perceived it as a very legitimate threat,” Cole said. 

Evaluating the situation, Cole said he decided against a SWAT team, believing it was the safest for everyone to leave the scene, let the man calm down and find out more information before proceeding any further. 

“The things you have to consider include the officers’ and this person’s mindset,” Cole said. “There was a high probability of this ending badly today. We’re going to sit back and re-evaluate.”

The man has an unrelated civil warrant for his arrest, as well, but there was no indication of a previous violent history Friday afternoon, Cole said.

The officers all left the scene about 4:30 p.m.

The man was in the home alone and there was no hostage situation, Cole said. 

http://www.shorelinemedia.net/ludington_daily_news/news/local/artic...

[XLFD]

I don't like either version, because each version shows that our sheriff's office mishandled the situation and violated procedures and the law before Nichols had said anything remotely threatening.  It's too bad our sheriff is not man enough to own up to admitting his deputies made a mistake, in whatever version they wish to use as the official one.  The truth of what happened will inevitably be revealed to be different than either of the versions.

[Jasper]

You are absolutely correct X.  

The "county mounties" were "watching" this man's home for over a two week period of time?

Wow....Just wow!  How much did this cost the taxpayer's of Mason County for this?

Unbelievable!  But, at least this poor gentleman was not annihilated by the Swat Team Sheriff Kim Cole refrained from using.

Still have concerns over the "swat team" when involved in the Hansen Road incident. Would the alleged perp(perps) have been snuffed if found based on the report from the homeowner without investigating?  

[XLFD]

Perhaps if Scottville ever disbands their police force, the MCSO won't have the manpower to devote 24 hour surveillance on a man who takes umbrage at county officials invading his home unlawfully to 'threaten' that he may defend himself against such trespassers. 

Let me echo your relief that Sheriff Cole did not formally execute this man, and in his benevolent wisdom created the conditions to allow this evictee to find a more permanent housing arrangement at the sheriff's county subsidized dormitory.

[Willy]

It will be such an act of humanity when Cole offers / insists that the gentleman in question be housed in his own barred condo. The only problem is the "shared" bathroom facilities and the snoring of the other condo residents. The permanent night light may also be a problem and I hope he doesn't bend over to far to pick up the soap. Instead I would recommend the liquid bath soap or maybe not because of it's lubricating properties.

[XLFD]

The three squares each day will make up for some of those inconveniences, but just wait until he gets that large bill at the end of his stay for the amenities. 

[shinblind]

DAY -3  CRISIS IN MASON COUNTY

Still no word from Sheriff Cole on whether or not there were working voice recorders on his Deputies when they responded to this call. No response would lead one to believe there were voice recordings and that they are embarrassing to the MCSO otherwise they would be more forthcoming. 

PERSONAL NOTE TO SHERIFF COLE

Kim rather than waste County funds on a submarine camera, or snomobiles or some of the other unnecessary wants, when are you going to equip your Deputies with body cameras? The cost would probably be less than $30,000 for state of the art cameras for your entire Department with some kept in reserve for spares. That would be less than the cost to settle one Lawsuit by the County.  Certainly most of this cost could be raised locally much as the County did with the Jaws of Life.  The City of Grand Rapids recently mandated body cameras for all their officers. Get with the program Kim and do the right thing.

[Jasper]

shinblind,

Did you take a glance at the LDN's facebook page within the last few hours? 

http://www.shorelinemedia.net/ludington_daily_news/news/local/artic...

[Jasper]

Help me out here....this man allegedly threatened MCSO, he held up in his foreclosed home for two weeks while MCSO were surveilling him.  This man turns himself in on Monday to the MCSO, is booked, lodged, and arraigned on this, and presently is out of jail, and interviewed with the LDN with a video thanking Detective Posma?

Whoa...what happened here with this scenario? There has to be more to this story!!!

I am beyond pleasure Kim Cole's swat team did not annihilate this man, during this obvious difficult time in this man's life.  But the event's after his surrender to the MCSO on Monday are questionable.  

   

[shinblind]

I believe that a deal was struck as a condition of his surrender. I  believe a lot of this story is predicated on his fine and release. A cover story for Cole.

Also in this version of events there is no mention of him racking the shotgun as in previous versions. Nor stepping into the bedroom. Nor any mention of the Deputies entering the premises. So much BS, so little truth.

If Kim Cole spun this any harder he would turn into butter and melt.

[XLFD]

There's good evidence that a deal was struck, shinblind; there is definitely more to this story.  I will comment why I think that is the case a little later in a new article that will highlight the COLDNews propaganda article on this nascent aftermath in yesterday's birdcage liner.

[Jasper]

What I don't understand is....most people who allegedly commit a crime are arrested(or turn themselves in), arraigned, post bail, and then are scheduled for some type of hearing, which is several weeks out into the future, where either a plea deal is reached and agreed upon or the alleged defendant waits for another hearing.  Sentencing is another several weeks into the future.   

This did not appear to occur in this case!  Nichols makes a deal with Posma and is allowed to renew his driver's license, prior to turning himself in.  Within several days, he has been sentenced???  And, now is claiming to be Posma's fishing buddy?  WOW!

[Jasper]

Still curious how this all went down....Surrender....Arraigned....Sentenced.....all within less than a week? And fishing buds with Detective Posma?    Applied for renewal of Mr. Nichol's driver's license prior to surrendering to the MCSO with approval from the MCSO??  

How does this work? Perhaps others in Mason County should avail themselves of this type of situation.  Unless of course there is more to the story then is being told by the MCSO.