Prosecutor-Police Partnerships Permit Perversions of Justice

The prosecutor in the county where it happened, says a Michigan State Trooper that unwarrantedly drew and pointed a gun at a teenage girl he stopped for speeding and asked if she enjoyed having a gun pointed at her, has not committed a crime.  Oh, really.

If this 18 year old girl pulled and pointed a gun on this trooper for no reason would the prosecutor make the same call?  Or would he suddenly find these two misdemeanors:  MCL 750.233, pointing a firearm at another person, or MCL 750.234e, brandishing firearm in public

Both of these laws have exception for peace officers in the lawful performance of their duties, but the prosecutor is fairly clear here that this wasn't the case involved here at the time he drew and pointed.  The trooper will thus get off scot-free, and just get some paid vacation by the MSP, before being welcomed back as a hero to that organization. 

Nothing shows better why this is the case than the MSP Trooper shooting of William Marble in his Mason County home in January.  Responding to a non-emergency-sounding 911 hang-up call by Marble's wife, Trooper James Luttrull carelessly sped through two villages at 80 mph on a snowy night, lurked outside a house for several minutes eavesdropping on the private conversations of the inhabitants of that private residence, then entered with a brandished gun and shot Bill Marble without any warning in the sanctity of his Ludington home (Read about that here ).  The prosecutor of Mason County, passed on any charges for the trooper, finding none of those offenses worthy of prosecution.

Prosecutor says Michigan State Police trooper should be fired after pulling gun on woman

CENTREVILLE, MI – A Michigan State Police trooper who pulled a gun during a traffic stop then asked the driver if she "enjoyed having a gun pointed at her" didn't commit a crime but should be fired, according to a prosecutor.

"I was appalled and disgusted by Trooper (Timothy) Wagner's behavior," St. Joseph County Prosecutor McDonough wrote in a statement he provided Thursday to the Kalamazoo Gazette. "I cannot believe that someone with his experience and training acted in such a reckless and unprofessional way. Thankfully, nobody was hurt and I hope the young girl is not traumatized because of his actions."

MORE: Read McDonough's statement

On April 15, Wagner stopped an 18-year-old woman for speeding on U.S. 12 in St. Joseph County. Three days later, the woman's parents filed a complaint about Wagner's conduct. MSP opened an investigation and Detective 1st Lt. Chuck Christensen, who was assigned to the case, submitted the matter for review to McDonough's office last week.

McDonough considered whether to authorize criminal charges of felonious assault and conduct unbecoming a public official, but wrote that he did not believe Wagner's "egregious lapse in judgement warrants criminal charges."

In a statement issued Wednesday, officials at MSP's Coldwater Post, where Wagner is stationed, said an internal probe "is ongoing at this time."

"The Michigan State Police has a long-standing tradition of demanding the highest possible standards of professional conduct from its members," the statement says. "The video associated with this traffic stop clearly shows actions by the trooper that are not consistent with department policy.

"Inappropriate behavior like this is not condoned or tolerated."

MORE: Read the statement from MSP

Wagner, who has been with the agency for more than 19 years, is currently on paid administrative leave, Christensen said.

The Gazette has filed a Freedom of Information request with state police for copies of Wagner's report and footage from his in-car dash-camera of the traffic stop.

McDonough said in his statement that he is hopeful "that the administrative process by (state police) is handled quickly with the outcome being Trooper Wagner's permanent removal from duty."

"The comments he made were false and when he asked if she enjoyed having a gun pointed at her I became sick to my stomach," McDonough wrote. "I hope my daughter is never put in such a frightening situation. This was a simple traffic stop turned into a horrifying experience for the driver and her family.

"... I do not want Trooper Wagner to have the opportunity to do anything like this again and certainly not in St. Joseph County. I take pride in the amazing and professional way our officers handle situations in this county and this type of behavior is simply not tolerated."

http://www.mlive.com/news/kalamazoo/index.ssf/2014/05/prosecutor_ca...

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On a web page someone claims to have seen the video from the police car and what it shows is the officer chasing the girl for 2 miles until she stopped. He then drew his gun when he got out, made her get out of the car and arrested her for evading the police. After he had holstered his gun he asked her if she liked having a gun pointed at her. From what I'm getting is he was trying to make a point to here about not stopping because this was the consequences for not doing so. Meaning he wouldn't have had to brandish his weapon if she would have cooperated because he had no idea who was in the car or what they were up to.

If that was the case, why hasn't the video been publicly released, and why was the prosecutor calling for the trooper's firing?  Police and their apologists frequently troll stories and sites that may be critical of cops and make noise to cloud the issue. 

The accuracy of the report was called into question by the victim, and I will do my best to get the dashcam video and the officer's report up for all to see, whether it turns out to exonerate or excoriate him.   

STURGIS, MI – The fatal shooting of a fellow trooper was "at the forefront" of Michigan State Police Trooper Timothy Wagner's mind last month when he pulled his handgun and pointed it at an 18-year-old woman d....

That's according to a written statement Wagner provided to Detective 1st Lt. Chuck Christensen after Christensen informed Wagner he was under investigation for allegations of excessive force. The statement is included in a nine-page report by Christensen obtained by the Kalamazoo Gazette under the Michigan Freedom of Information Act.

Wagner was westbound on U.S. 12 at about 5:35 p.m. April 15 when he spotted the woman's eastbound red Pontiac, which he clocked on radar going 77 mph in a 55 mph zone, according to the report.

In-car video from Wagner's cruiser shows him doing a U-turn to catch up with the Pontiac. The driver pulls over to the shoulder about 45 seconds after Wagner made the U-turn and about 35 seconds after he activated his lights and siren.

Wagner exits his cruiser with his handgun drawn and approaches the Pontiac.

"With the recent incident involving the murder of Tpr. Paul Butterfield while approaching a vehicle at the forefront of my mind I elected to 'clear' the vehicle for my safety as I feel the vehicle could have suddenly pulled to the side in an effort to lure me into a vulnerable position where I could easily be shot," Wagner later told Christensen in his statement.

Video from Wagner's dash-mounted camera shows him handcuffing the woman then taking her to his cruiser, where the conversation between the two is recorded. The woman apologizes to Wagner, telling him she was trying to get home because she had gotten a call from her father informing her that the family's home had been broken into.

St. Joseph County dispatchers confirm the report of the break-in to Wagner as the woman sits in his patrol car.

Wagner tells the woman, "I chased you for two miles with my lights and sirens at almost 80 mph. Do you see a problem with that?"

"Yes, I do," she responded. "I honestly didn't see you."

At the end of the audio captured from inside the car, Wagner asks the woman, "How'd you like having a gun pointed ...." The rest of his statement is inaudible.

St. Joseph County Prosecutor John McDonough, who was asked by Michigan State Police to review the incident, focused on that statement in calling for Wagner, a 19-veteran of MSP, to be fired.

The woman later explained to Christensen that she had been at baseball practice on April 15 when she received a call from her father that their house had been broken into. She left practice wearing her baseball pants and hooded sweatshirt and got into her car after removing her cleats.

As she was making her way to Bronson on U.S. 12, the woman said "she noticed police lights in her rearview mirror near Halfway Road and immediately pulled over."

After she was handcuffed by Wagner, the woman said "she was confused and scared and kept telling the officer that she was sorry but added her house had just been robbed so she was trying to make it home. (She) admitted to me during this interview she was driving too fast and was speeding," Christensen said in the report.

Once Wagner confirmed the woman's statement about the break-in at her home, she told Christensen, Wagner's demeanor changed and "he told her that they were 'going to take this as a learning experience' and explained he would be writing her a traffic ticket but added he should be taking her to jail because of her refusal to stop."

"(The woman) told me at one point during this exchange she apologized to the officer about scaring him and he replied that it was okay and stated to her 'you didn't like having a gun pointed at you, did you?' And she responded no."

In the statement Wagner provided to Christensen on April 28, he made no mention of the remark to the woman about having a gun pointed at her.

Wagner did say that after he clocked the woman's car at 77 mph he observed in his mirror that the car "appeared to continue accelerating" and never braked "as virtually every vehicle on the road will immediately brake after passing a fully marked patrol car in broad daylight."

Wagner said that after he began pursuing the woman's Pontiac, it initially did not slow down and was traveling at more than 80 mph. After he stopped the car, Wagner said he was aware there were no other officers in the area and a backup officer "was some distance away."

"Based on my 19+ years working road patrol chasing a vehicle for a mile with lights and siren activated to conduct a traffic stop is extraordinarily unusual," Wagner said. "I have previously been involved in pursuits of this distance which resulted in the driver's subsequent attempt to flee on foot. I therefore considered this incident an attempt to Flee & Elude, which is a felony, and positioned myself to intercept the driver should they flee on foot."

See the video at:  http://www.mlive.com/news/kalamazoo/index.ssf/2014/05/watch_traffic...

If I were in charge I would make sure my officers get additional  training on how to handle a traffic stop. I would warn the officer about making unnecessary comments to those he stopped but I would not fire him. It was a learning lesson all the way around. The young lady now realizes that she is responsible for her actions and should not have been speeding. I hope the officers realizes that he may have over reacted.

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