Unequal Justice Under Law

[XLFD]

Justice in America is best when everybody is treated by the same rules no matter whether those people are important or insignificant. It's a failure when certain people receive privileged treatment for infractions and crimes where other ordinary people would be punished in application of the law. This is so foundational that it is codified by four simple words etched on the building containing the country's highest court: Equal Justice Under Law.

To illustrate that inequality can happen in Ludington, I want to look at a recent police incident report I received via a Freedom of Information Act request and leave out the names of the people involved simply because the relevance is secondary to the point that the key person, who I will refer to with the gender neutral name, Pat, is well connected in the community. Pat makes that abundantly clear when he/she threatens the arresting officer with death from above. The narrative comes from what can be found on the police report.

The Incident, Part One:  Disorderly Person

This summer, Pat had imbibed quite a bit of adult beverages at a local drinking establishment. Pat was causing such a commotion on the street that Pat's adult child who lived nearby, came over to see what was happening. Pat had wanted to drive home but was obviously plastered and had others trying to prevent her from doing so. Pat's child, with help from a sibling, eventually was able to urge Pat into the car as a passenger and prepared to drive Pat home. Pat was so out of it that he/she opened the door and wandered out of the car at one of the stop signs or lights on the way home, and had to be corralled back into the vehicle.

In the meantime, the spouse of Pat's child was concerned that Pat was not in the right frame of mind and might be assaulting Pat's two adult kids, so they called 911 and they sent Officer Mike Haveman from the Ludington Police Department over to Pat's house to make sure things went safely. Pat's spouse, call them Robin, met Haveman outside of the house and waited, since Pat's ride home took longer due to the surprise escape attempts.

Robin told Haveman that Pat was out of control and the officer overheard some of the struggle and 'hysterical screaming' of Pat in the ride home over the phone. When Pat arrived, Haveman approached Pat in the car. Noticing Pat smelling strongly of alcohol with glassy and bloodshot eyes, Haveman noticed Pat acting hysterical and screaming "F&*k you" at the rest of the family whenever they tried to talk. Pat was told repeatedly by Haveman to stop screaming as it was then after midnight in a nice residential district in Ludington.

Since Pat would not let any family member talk without screaming profanities or yelling that they were lying, Haveman suggested Pat sit in the patrol car and this was agreed to. Haveman got their side of the story, and they acknowledged Pat was drunk and out of control. Since Pat had been drunk and creating a major disturbance in public, Haveman decided on arresting Pat.

That didn't sit well with Pat when the officer opened the door and got the handcuffs out for the disorderly conduct arrest. He managed the maneuver and went to drive Pat to the jail.

Intermission- dispositions of other recent disorderly conduct arrests in the area involving a public disturbance or fighting theme as was alleged here

Howard Mark Larson, 33; pleaded guilty Aug. 27 to disorderly person jostling and was sentenced to 19 days in jail with credit for 19 days served; 90 days discretionary jail for one year; must have an anger management evaluation at Community Mental Health; no drugs/alcohol; must continue current counseling program; and $385 in fines/costs

Danny Jo Shannon, 36; MCSO; disorderly person – drunk. Pretrial: July 23 at 11:30 a.m. Bail: $1,500/10 percent.

Tabitha Nicole Vigansky, 37, was found guilty June 12 of disorderly person – drunk and was sentenced to outpatient treatment; 90 days discretionary jail for one year; no alcohol/drugs; subject to random PBTs and drug tests

Neal Barton Guss, 27; July 4; disorderly conduct/disturbing the peace. Pretrial: July 29 at 3 p.m. Bail: $2,500/10 percent.

As you can see, these young, seemingly unconnected people have been charged with disorderly conduct over this last year much like Pat and given some penalties including 90 days discretionary jail time, up to 19 days served, treatments for their problems, and had up to $2500 bail. Being a disorderly person in Michigan is punishable by up to 90 days in jail, a fine of up to $500, or both.

Earlier this summer, I noted some questionable 'disorderly conduct' arrests where people were noted as walking funny, swearing at officers, or somehow annoying them at accident scenes by offering a ride to a friend. Pat's arrest had the two elements of being disorderly clearly present: drunkenness and creating a public disturbance.

                                           LPD Officer Mike Haveman arriving at the Mason County Jail with Pat in the backseat

The Incident, Part 2:  Disorderly Backseat Behavior

This part of the incident was recorded by Haveman's dashcam. Pat is in the back of the car maintaining total innocence; when Haveman keeps driving, Pat starts bashing the screen between the front and back of the patrol car with the handcuffs, you can see one hand has slipped the cuffs and it chips and scratches the screen.

After being warned of the dangers of damaging police property, Pat screams some more and then says:

"Wait until I talk to Mark Barnett, he's going to f$%king kill you! He's going to annihilate you bitch! He's going to f%$k you up; Lisa and Mark are my best friends."

Mark is the LPD chief, Haveman's superior, his wife's name is Lisa. After calling Officer Haveman "stupid", a "f$%kwad" and a "f%$king trooper", the video ends with an out of control Pat at the jail's garage appealing to an empty car: "I'm a good person. You don't get it."

                          LPD Chief Mark Barnett, second from right, Prosecutor Paul Spaniola, furthest right

The Incident Part Three:  Disorderly Conclusion

Despite the threats to Officer Haveman and his career, and in spite of the original charge of disorderly conduct, which seemed warranted from Pat's midnight profanity-laced scream rampages downtown and in front of the family's house, and scraps with the kids, can you guess what happened with Pat?

Court records show a Malicious Destruction of Property (MDOP) charge (for the screen) was considered by the court that Monday on Pat's arraignment. On Tuesday, County and City Prosecutor Paul Spaniola (connected with Mark and Pat) said a warrant would not issue for that charge, the screen wasn't damaged enough, and it was arranged on Thursday that Pat would be liable for $285 in court costs only for an unspecified reason, an amount which still hasn't been paid on 50 days later. Everything was dismissed. Those records indicate she effectively served no time in jail, and never had to post bail.

For some reason the two local sources of court news, the City of Ludington Daily News (COLDNews) and the Mason County Press failed to list Pat in their usually-complete roster of arraignments and dismissals, not even an obscure reference in weekend arrests, which would have been passed along by Chief Barnett.  Could Mark have pulled some strings to suffocate this story?

All of those other young people noted in the intermission, charged and suffering worse consequences than Pat for the same offense, who will have those charges attached to their name come up forever when anybody does a search on them, were not besties with Chief Barnett nor somebody whose pedigree allowed them undue privilege.

Yet, Pat was not through. To be continued...

[Freedom Seeker]

Crooked justice in local circles of corruption happen all the time, everywhere. Power and money mean nothing in eternity, true character does.

Next time the fate of circumstances may apply unbiased justice which is out of the hands of local rule of corruption, or those in charge here and now could apply the law equally and maybe Pat will start to learn some lessons which will build better character.

[Du Wright]

And this is the first in a series? Or the first an officer had the courage to respond to Pat because of his position? Kudos to Officer Haveman!

When did this happen, sometime this summer? Look at the detail in MCP report front page today about the real estate agent CSC--a lot of detail. And no report of this incident? Very Curious.  Very out of control.

[Freedom Seeker]

What's worse--isn't there a couple of death threats on an officer, multiple times in this incident? Or is it that the courts don't take drunk threats seriously? Can't seem true. If that was you, XLFD, making drunken death threats on an officer, busting out of handcuffs and flailing then around in a police car doing damage, would it not make news in detail???

It's time for this crooked, unfair, unjust rule to come to an end. Thanks for standing up for what is right, Officer Haveman and not turning a blind eye!

[XLFD]

If I was seeking special favors, threatening a city officer with annihilation by an associate, and carrying on like Pat was, I would not only be in a Hannibal Lecter cell awaiting trial on multiple criminal charges, but I would also be roasted on a host of local media and 'official' sites as the ticking time bomb that finally went off.

I shook myself just now to make sure I wasn't ticking, but heard nothing.  Speaking of ticks, be wary as you enjoy fall that some ticks are still hanging around, and vigilant for late season mosquitos, in southern MI some are carrying the EEE virus which can be fatal.    

[John Doe Jr]

If you even fart at a council meeting you will be tazed!!

[Du Wright]

Who even has those words in their vocabulary ... Annihilate you bitch ... To a male police officer? What is in one's heart spews out when one is drunk. This person needs Help!

[XLFD]

A Biblical message to the local justice system:  "Woe to those who are heroes at drinking wine and champions at mixing drinks,who acquit the guilty for a bribe, but deny justice to the innocent."  Isaiah 5:22,23

[Freedom Seeker]

Woe now, that's a scary message.  Maybe even more scary than threatening to send the Ludington friends after someone.

[John Doe Jr]

Not the first time, allegedly... 

[Willy]

You don't have to give a name but it would be nice to know the person's gender, age, height and weight. Also their initials would help along with what kind of vehicle they drive and the nearest intersection to their house. Where they work would be helpful as well. This would make guessing more interesting. When you say connected do you mean politically or socially? I'm more interested in who this person is than the uneven application of justice which we all know happens all the time all over the planet. It's not the inequity that is news worthy it's who we are discussing.

[John Doe Jr]

Penny's from Heaven, great charity...

[AQUAMAN]

The old old saying of: "it's not what you know, it's WHO you know" obviously applies today in Ludington in a strong unjust way. Very sad for Pat, and Pat definitely needs to get some help, way past due. I hope Pat seeks help soon, for their sake, and their future.