Genesis of a Criminal: The Travis Malone Story

[XLFD]

The headline on this Monday's Mason County Press (MCP) reads "Ludington council expected to settle suit with local criminal.", a headline being a bit more severe on the plaintiff of a federal lawsuit than the local City of Ludington Daily News (COLDNews) story in Saturday's paper.  Before this Friday, when I learned of this lawsuit, which was filed in 2013 and was able to view some of the court records, I may have agreed with MCP Editor Rob Always' assessment of the situation. 

Travis Malone:  Criminal

Travis Malone made quite an infamous name for himself in 2012 when he was seventeen.  His known crime spree started off on June 5, 2012 when he broke into Journey High School, he was apprehended and sentenced to probation in September 2012.  While on probation, he allegedly set fire to a house at 301 N. William Street with Marshall Brault's assistance on October 20.  The team of Brault and Malone then stole a F-150 truck from Ludington and rode it into the side of the Wishing Well.  You may remember the video footage of that incident showing Brault heisting some cigarettes and alcohol while Malone readied the getaway vehicle. 

Brault, two years older than Malone, was said to be the main catalyst for the actions by Malone and another youth involved only with joyriding earlier with the two.  Nevertheless, on July 17, 2013, both were sentenced to approximately the same time (roughly 5-15 years) for the crimes in both Mason and Oceana Counties.  Mason County Prosecutor Paul Spaniola remarked that it was clear that Malone “cannot abide by the laws of civilized society and has no respect for the safety and property of others.”  Remember that.

Travis Malone:  Victim

One wonders what could have made Travis Malone such a menace to society back in 2012.  There could have been many factors-- maybe a broken home, maybe a bad choice of friends with Brault, maybe some other bad choices of how to live his life-- these are almost impossible to verify without more data.  But there was seemingly an event that happened before Travis Malone went real bad that must have helped him get a very bad impression of the community he was living in. 

On August 4th of 2011, Travis was a sixteen year old enjoying Teen Night at the Tiki Nightclub.  He and a group of seven left after a fight broke out at the club, apparently not involving them.  Ludington Police (LPD) Officer Matthew York stopped the group about three blocks south of the Tiki and was joined there by Aaron Sailor.  The odor of alcohol was noted by Officer York, who then tried to figure out who was drunk and who wasn't.  What happened next is disputed between the memory of the three principals. 

In his complaint (Malone-Sailor-York-complaint.pdf), Malone relates that he was singled out by the officers, his shirt was pulled, he was called names.  Officer Sailor grabbed him by the neck, and he was punched and kicked in the ribs as the officers took him to the ground and handcuffed him.  Officer York stood on his neck.  They put him in the car, then took him out, and threw him on the ground striking the curb and losing consciousness, all the while in handcuffs and compliant.  He woke up to more hits in the ribs.  As they drove away the officer stopped the vehicle causing Malone to strike the cage with his face. 

Malone's rough and fairly general complaint would likely have been more or less verified by his friends that remained.  The statement of facts in the defendant's brief for summary disposition paint a rosier scenario where the police officers involved are portrayed as being well-trained and always acting appropriately, but when looked at objectively and even in a favorable light to the officers, they do not exculpate the officers of violating the rights of Travis Malone (read those here starting on page 178 ) that night.

They try to arrest Malone for minor in possession by just the odor of alcohol being in the vicinity of him.  A trained police officer would know that the correct protocol would be to ask for a breath test at that point; noting that refusal would subject Malone to a civil infraction (see MCL 436.1703 subsection 7 for protocols) and give reasonable suspicion that could have led to a frisking and detention. 

That didn't happen, even if you give the officers the benefit of their testimony they proceeded to use force to detain Malone absent any suspicion other than an odor and without any articulated reason, searched Malone's person, seized Malone's backpack, and effectively violated his rights under the Fourth and Fourteenth Amendment. 

In dispute was the severity of the beat-down and as I don't have privy to the witnesses and the LPD did not record this encounters (suspicious in itself, since Officer York has had dashcam equipped cars in the past), let's consider the rich history of Officers York and Sailor in the realm of police brutality lawsuits, and failed protocols. 

Officer York was the officer that stopped Sue and Joe McAdam in 2009.  York's lack of communicating to his fellow officers no doubt helped Joe McAdam get brutalized that night both on the street and at the hospital, but his LPD dashcam also caught him roughly handcuffing Sue McAdam at the end of the video for DUI without any breath test offered and without any field sobriety tests administered.  This was after he restrained her for trying to help her son who was taken down in the street and repeatedly tased for doing nothing illegal.

Officer Sailor has a record of beating up innocent people, he should not be on the streets with at least four federal police brutality cases against him that have been settled by the taxpayers of Pontiac and Ludington in his brief career in law enforcement.  There was Leary v. Pontiac where he and his partner beat up a house sitter and her guest, there was M.P. et. al. v. Pontiac where he and his partners beat up the people who called him with fists and flashlights who he admits were not a threat, there was Burns v. Sailor where he unlawfully entered a Ludington residence and pushed a lady to the ground from behind.  And this one.

     LPD's Aaron Sailor Getting a Commendation From Chief Barnett for Escalating the Lowell Fetters Situation While Two Federal Lawsuits Were Pending Against Him

Is it a stretch to believe these officers may have allowed their inability to follow protocol extend to them not using the proper amount of force needed to arrest someone?  The taxpayers won't ever figure this out, because it never gets to court and the officers never get sanctions issued by their city or police departments.  In fact, they generally get praised and commended by their superiors.

Genesis of a Criminal

If we presume that Malone was denied his basic rights back in 2011 is it a stretch to believe that the injustice suffered and the punishment meted out by the courts courtesy of the LPD officer's version of events that night, led Malone to become the monster Spaniola called him in 2012, and the criminal label offered by Rob Alway before the City settled with Malone, therefore vindicating his complaint? 

Recall Spaniola said Malone "cannot abide by the laws of civilized society and has no respect for the safety and property of others."   If we are to give any merit to Malone's lawsuit, and the City of Ludington obviously did by accepting the settlement, then can we then not say that Spaniola's epithet applies to the two officers of the city, who taught the young Malone that using violence, seizing property, and acting outside the law were condoned by our community?

[Willy]

Policing is a double edged sword. On one hand we hire these people to do the dirty work of keeping those intent on doing criminal activity in line. On the other hand we expect them to be choir boys. The problem is the police must deal, on a daily basis, with liars, muggers, thieves, rapists and murders. This does not foster a positive attitude toward people and some of these law enforcement personal carry over their aggressions onto people who are possibly innocent or are committing crimes that are not really that serious. My question is why didn't the foolish criminal release the sock? I guess stupid would be an answer. I don't condone the intense beating the dealer was given but none of this would have happened if he wasn't committing a crime. The police have got to get over the fact that people are going to record their actions because almost everyone has a recording device on their phone. The officer who took the recording device and tried to erase it should be fired and prosecuted. Now what I am talking about are big city police officers not small town cops. There is a huge difference in the amount of serious crime and seriously bad and evil criminals. There are people in Ludington doing similar crimes but it is not as intense or as frequent as that of a large city. I know serious things do happen in Ludington but those occurrences are few and far between. Ludington should not have police officers with grudges walking around like you would find in big cities because they do not have as intense of a work environment.

[AQUAMAN]

Getting back to Ludington's finest: why is it that the same names of York and Sailor keep reappearing in law suits where excessive force and police brutality come into play against citizens? Would a responsible and law-abiding Police Chief continue to cover-up and praise such actions if he did not also condone it and want it to continue? How can that attitude and lack of concern for public safety be tolerated, and continue for years back, and into the future? Is this what the COL councilmen also condone and want for peacekeepers and law enforcement officers? It just MUST BE! Because we have seen this repeat itself over and over, and no one has to answer the citizens for such injustices! These petty settlements out of court are just window dressing, and yet, the councilmen still say nothing is wrong. Castonia even praises such unnecessary, outdated, illegal, and unethical conduct! Just shows what kind of officer he was when serving too. Why should locals live in fear day and night of the very same LE officers that we all pay handsomely for, and get nothing positive in return. When this type of behavior becomes the norm, as it has for many years past, it only is going to get worse into the future. Getting the green light from the MC Sheriff, and Police Chief both, only says we condone and accept a Police State around Mason County. And we also pay upwards of over $5Million per year for this kind on injustice to reign in our streets.

[XLFD]

I had the opportunity to run into Matthew York up on the north side of town while doing research on one of my investigative pieces.  He stopped me while walking down the street and asked what I was doing, and I told him. 

It was a bit scary-- he had the demeanor of an officer who really wanted to either run me in or run me over-- if he wasn't wearing the LPD outfit, I would have mistook him for some hyperactive crazy person.

A bit of the psychology of York can be gleaned from his college athletics and police pedigree.   This article on Ferris Hockey in 2005 notes three interesting insights:  1)  "There is a certain amount of irony in York's decision to pursue a career in law enforcement as, on the ice, no player in Ferris State hockey history has broken the rules as often as Matt York. Whistled for his 346th career penalty minute on November 15, York became Ferris State's all-time leader in penalty minutes."  Doesn't mind the penalties, hmmm.

2)  "If I see someone take a shot at one of my teammates, I automatically think that it's my job to take care of them,"  Apply that to the police force team

3)  "In addition to his father, York's elder brother is also an officer in his hometown of Dearborn, Mich."  Dearborners better look out for that grinding York line coming at 'em. 

[XLFD]

I have only seen Officer Sailor once while walking on the sidewalks of south Harrison a few weeks after my 'Errant Assailer' post and my comments at the city council meeting against his brand of brutal policing.  He was travelling with another officer and acting a bit crazy, while regarding me wagging his head around and otherwise looking rather bizarre. 

I cannot gauge why these councilors mindlessly condone all actions of their police force given that they always seem to capitulate on a settlement or binding arbitration when the evidence and witnesses is greatly against them. 

Castonia does nothing for his own police force legacy when he always comments against his constituents and for his boys in blue.      

[XLFD]

This development in the story of Travis Malone is rather fitting.  I think there can be little doubt that Travis Malone's rights were violated the night the two aggressive Ludington cops beat him up, and he was well deserving of the settlement with the City of Ludington.  However, many people looked at Malone's crime spree after the fact, and had little doubt that he should be held accountable for them, even though he had this incident behind him.

Well, the victim's of Malone's crimes versus their property are going to get Malone's cut of the settlement.  Judge Sniegowski, who was serving as one of Ludington's City Attorneys during the Malone lawsuit with the city, has ruled that Malone needs to pay off court-ordered (by Judge Cooper) restitution to the owners of the Robert Street property he committed arson on. 

http://www.masoncountypress.com/2015/05/05/judge-orders-prisoner-wh...

Unless Malone has somehow protected his settlement money, he may find himself about $7000 poorer and still in jail.  This somehow seems like justice has been served, with the exception that the two officers who made Malone into what he was by treating him less than human, are still on the beat.