GRPD officer under investigation for decision to ticket assistant prosecutor

File photo

File photo

GRAND RAPIDS, Mich. —  An internal investigation is underway into how an officer handled a wrong-way crash involving a Kent County assistant prosecutor.

It happened back on November 18th. That’s when police say Josh Kuipers was driving the wrong way on Union Avenue when he struck a parked car.

The police report revealed, alcohol played a role in the crash, but the officer said Kuipers performed well on the field sobriety test. Because of that, the officer didn’t conduct a breathalyzer test. Instead, Kuipers was ticketed for driving in the wrong direction down a one-way.

The prosecutor’s office says Kuipers was demoted and placed on unpaid leave.

http://fox17online.com/2016/12/02/kent-county-assistant-prosecutor-...

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If the driver was not given a breatalyzer test then how was it determined that alchohol was involved.

RAND RAPIDS, Mich. (WOOD) — A Grand Rapids man is grateful to be alive after a Kent County assistant prosecutor crashed into his parked car.

The responding officer wrote in his report that alcohol was a factor in the crash, but never administered a preliminary breath test on Kent County assistant prosecutor Josh Kuiper.

Grand Rapids police confirmed to Friday that they will conduct an internal review on the handling of the Nov. 19 incident.

The man, who asked for his identity to be kept private, told 24 Hour News 8 he was standing next to his car with the driver’s side door open. It was parked and facing north on Union Avenue SE, which is a one way street.

A photo from the scene of a crash involving a Kent County assistant prosecutor, provided by the victim. (Nov. 19, 2016)A photo from the scene of a crash involving a Kent County assistant prosecutor, provided by the victim. (Nov. 19, 2016)

“I look up and see headlights briefly heading the wrong way. Then, before I can react, like it’s sped up movie footage, this guy plows into the front driver’s side of my car, which sends me bouncing along the ground. Apparently you can skip a human like a stone,” he explained in a text message.

He estimated the impact sent his parked car 20 feet backwards into a nearby tree, while he bounced 50-60 feet.

He said Kuiper came over and apologized while he was laying on the ground after the crash.

That night the man was treated and released from the hospital but still has a “whole lot of soreness, arm in a sling, massive hematoma on my hip, but I’m alive and able to talk, so amen for that.”

Since the crash, the 42-year-old Kuiper, a Byron Center resident, was demoted, placed on unpaid leave and sent to be evaluated for substance abuse treatment. District court records show that Kuiper plead guilty to leaving the scene of a property damage accident in 2005.

Kuiper, who’s been with the office for at least ten years, had been trying cases in circuit court, including homicide trials. Due to his demotion, he will now work on cases in district court, which handles misdemeanors.

A dash cam video of the field sobriety tests done with Kuiper should be enough to gauge whether the officer acted appropriately, or deferred to do a Breathalyzer because of the official status of Kuiper.  Unfortunately, the GRPD does not have the type of leadership that will make such videos public.

Found a dash cam video.  He does pass the field sobriety tests, and doesn't appear to be too toasted, nor does the officer look as if he is favoring him because of his position, in my opinion.

Does anyone notice the body cam is off the subject more than on the subject? This also means that the officer is turning away and not focused on the sobriety testee. How do you test someone when your not clearly focused on the subject? Is this intentional? My guess is, "ABSOLUTELY"! Police have agreed to wear these body cams for transparency. But, what they have also trained officers to do is 180 degrees different from it's intended use. Police know how to stage a video, for or against a subject.

Thanks for the information John and for the video X. If the officer suspected alcohol was involved he should have given him the breathalyzer test. Judging from the picture in John's post it appears to be more than a fender bender. Kuipers seems to be acting and talking to slowly to be completely sober. My guess us that since no test was given then no proof of alcohol impairment is available so Kuipers will only be subject to the ticket written. If the option to give a breath test was solely up to the officers discretion then I don't see how he can be punished. If I had been that officer, I would have required a breath test just from observing the aftermath of the accident. At the minimum Kruiper should have be cited for reckless driving.

Fully agree.  The officer had the discretion to administer the test, and waived it, but noted in the report that Kuipers had imbibed enough "De Kuyper's" to cloud his judgment.  Unless this is totally atypical of the officer's previous conduct, there should be no problem unless the GRPD has a standing policy that requires him to administer such tests in such situations.

Agreed. The damage shows clear recklessness. This type of recklessness is usually seen in drunk drivers. But, if you are working on a big case as an officer you certainly are not going to ruin communications with the prosecutors office to jeopardize future cases that could lead to an officers promotion. Clearly a conflict of interest. Discretion should be unfounded when an Official is involved. 

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