The Place Where Ludington Talks
Why Ludington's Kayak Guy's Arrest Affects You
You may have caught the news of an arrest of a kayaker over the last weekend in one of the local media outlets, such as the MCP, and found it amusing before scrolling down to other things. Or you could have been like me, and wanted to know more and wondered why the kayaker was pursued in the first place.
Fortunately, our local media, who typically get the weekend press releases from the Mason County Sheriff's Office (MCSO) and run with it almost verbatim, were not the only ones that took an interest in the story. Lynne Moore of Mlive delved a little deeper into the subject, perhaps lured by the fact that the MCSO report had two other instances of assaultive behavior on MCSO deputies over this last weekend. Her report follows with the two other incidents edited out for focus and brevity:
LUDINGTON, MI – A sucker punch to a deputy's face allegedly by a drunken kayaker was among three assaultive incidents against Mason County Sheriff's deputies over the weekend, the others taking place at a hospital and a library of all places.
Alan Glenn Ross, 56, of Ludington was arraigned Monday for felonious assault on a sheriff's deputy, who ended up tasing the kayaker on Ludington's Crosswinds Beach. The deputy, who was called after the kayaker allegedly harrassed local fishermen, suffered cuts to his mouth, said Mason County Sheriff Kim C. Cole...
Ross allegedly had been harassing fishermen lined on the Ludington channel's north break wall, Cole said. The fishermen complained to Michigan Department of Natural Resources conservation officers who were checking for fishing licenses, Cole said.
"(Ross) paddled close and gave the DNR officers the finger and started yelling obscenities," Cole said.
He then paddled to the south side of the channel, so the conservation officers called for assistance apprehending him, and one of Cole's deputies responded, the sheriff said.
"When the deputy approached him, he started verbally battering the deputy, swearing at the deputy, refusing the deputy's commands," Cole said. "And when the deputy approached him, he punched him once."
The deputy suffered a split lip and cut on the inside of his mouth. He grabbed his taser and fired, but the cartridge misfired, Cole said.
"After the taser failed, the guy started closing in on the deputy," Cole said. "The deputy took some evasive steps and was ... effective with the second taser."
Ross was arraigned Monday for aggravated felonious assault on a police officer - strong arm and disorderly conduct, according to the sheriff's office. Bail was set at 10 percent of $7,500, and he remained lodged in the Mason County Jail Monday afternoon.
The account of this incident should make you uneasy, for even if you believe Ross was acting improperly, the facts presented indicate both the conservation officers and deputy also acted inappropriately. Here's why.
The fisherman claim that Ross was harassing them, presumably verbally, since no encroachment or physical harassing behavior is inferred. The DNR officers were there checking licenses and got upset themselves when Ross, still in his kayak, swore at them and gave them the 'finger'. Ross' behavior is definitely antisocial and against normal public decorum, but he's well within his First Amendment rights to swear at a DNR officer and offer them up the finger. Courts in Michigan and elsewhere recognize such speech as protected.
The 'Disorderly Conduct' charge at this point is thus unfounded, as a look at that statute (MCL 750.167 ) has only one section that comes close to application, namely DC occurs when:
"(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance." Here are what constitutes a legal description of public disturbances.
If the eventually arresting officers could maintain that Ross was intoxicated (not just ornery) and that he created a public disturbance (which was not the case with the data given), they had no reason to harass Ross any further after his breach of social etiquette. Presuming they made their intent to detain Ross known to him, Ross did the sensible thing by retreating across the channel to de-escalate the situation. But the call to the MCSO was made, along with what we have to assume is the DNR officers intention to arrest the man-- for engaging in legally protected free speech.
Once Ross gets to the other side and before any punches are thrown, there is a lot of gaps in what happened. Sheriff Cole insists that Ross was verbally battering the deputy, which one must presume is what he was doing to the DNR officers. Battery, in legal terms, cannot be done verbally. Cole then claims he was not listening to the deputy's commands, but perhaps Ross knew that the deputies orders were not being done in accordance with the law and of the deputy's duty to uphold all laws.
Sheriff Cole then claims the deputy approached the kayaker, still without any given reason to do so other than to unnecessarily escalate the situation or to effectuate an unwarranted arrest. Ross did not approach the officer, the alleged 'punch' could easily have been a defensive reflex against an unlawfully acting person threatening him and rushing him with a variety of weapons at their disposal.
Ross was then targeted with a taser which misfired, and then Ross reportedly 'closed in' on the deputy, who then fired a second taser successfully.
Ross does not look very drunk in his mugshot, he is old enough to understand that chasing a cop who has a gun at their disposal and who is not otherwise following lawful protocol is not a smart move. So this vaguely described altercation seems to be a stretch of what actually happened.
So the reader of this piece should be troubled that even the 'official' version of events indicate that Ross did nothing legally wrong up until his space was encroached upon by the deputy, threatening Ross with arrest with unlawful and misguided authority. It is a recurring theme with this sheriff's office: see also Joseph McAdam, and Kimberly Septrion to name a couple.
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Replies to This Discussion
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Permalink Reply by shinblind on
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It is a misdemeanor to harass a hunter in Michigan. "Hunters and anglers in Michigan have the right to enjoy their sport free from deliberate interference. Individuals whose hunting is being obstructed should promptly report the violation to a local conservation officer..."
http://www.michigan.gov/dnr/0,4570,7-153-10366_37141-120726--,00.html
In a way Ross did the people of Ludington a favor.
Maybe this will serve as a warning to the city council that mixing fishing and kayaking at the West End Scheme might not be all sunshine and lollypops.
Rather than piss away funds jamming a kayak park into the WES, the city council might be better advised to move a bit more cautiously.
This will be a perfect example of to show the members of the DNR Trust Fund that the WES may lead to conflict and less recreational activity instead of more. One idiot kayaker can ruin the enjoyment of a whole pier full of fisherman.
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Permalink Reply by XLFD on
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Your secondary thought crossed my mind too, shinblind. What better way to show that a water trail would be a bad idea for the WES by what happened here with Alan Ross and his conflicts with other park users.
In this case, if I may flesh out a possible scenario with what little we have, I would have to believe that both Kayak Guy and the fisher folk were minding their own business doing their respective things when Ross got a little too close to their fishing area. Worried that he would disturb the fishing, they yelled at him to go his own way, perhaps using their own coarse language. Ross likely retorted back with equally or more colorful language, as almost-sailors might do.
The fishers appealed to the nearby DNR Guys with the logic you suggest, that Ross was interfering with their pastime. DNR Guys, perhaps citing some law that didn't apply, yell at Ross to clear the area. Ross gave them his opinion of their authority to do so, but did move out of the area. The DNR Guys, who just had their authority questioned, then decided to call in the Goon Squad, otherwise known as the MCSO rather than just let sleeping dogs lie.
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Permalink Reply by Jasper on
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Harassment is a very versatile word. What exactly did this man do to "harass" the fisherman on the break wall while in a kayak?
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Is there really such a legal term as a drunk kayaker. Michael Nichols of Nichols Law Firm would be the attorney to contact for the best legal representation for Mr. Ross.
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Permalink Reply by AQUAMAN on
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shinblind, the rules also apply now to snowmobiles, lawnmowers driven on public places, tractors, and almost anything that is motorized. They have covered every base of motorized vehicles known to man, to get that DUI no matter what. As for this kayaker, why did he impose on the fishermen with threats and bs? He should be minding his own business and having fun. Instead, he makes unwarranted confrontations and disturbs others having their fun. Maybe the MCSO didn't act within the specific definition of the law, I don't know. They always want to escalate a situation to their favor so they can get some action and an arrest, that's been proven here over and over again. But two wrongs don't make a right, so someone has to suffer, and someone has to protect the innocents. Just from the story presented, I'm not on Ross's side, he's plenty old enough to know better, but thwarted the standards of reasonableness in this case, and lost.
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Only problem is a kayak is not a motorized vehicle. Further the various news outlets that reported this have yet to tell what constitutes harassment. Please inform what this alleged kayaker did to warrant allegations of harassment to the fisherman on the break wall.
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A knowledgable lawyer would have a hay day with this case. "Knowledgable" excludes the majority of attornies in this area, especially the court appointed.
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Granted, a kayak is not motorized, but the usage of it on public waters means you are still responsible in your conduct and manners. I also would like the details of the infraction to the fishermen, but, I don't think we need it anymore now. The fact that Ross was abusive to the DNR/MCSO Deputy, then struck a Deputy with his fists, makes him guilty of a battery.
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Not necessarily so Aquaman. Mr. Ross left the area in his kayak after the allegations by fisherman on the break wall. Simply allegations of harassment which constitutes what?? I will reiterate what is "harassment?" The DNR and the local county Mounties have not provided details of this harassment to the media. Based on this limited information of alleged "harassment," how can anyone formulate an opinion?
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And further we know how the po-po's are such exemptilatory examples of following the laws they swear to uphold with their motto being ...."serve and protect." As witnessed throughout the USA the motto of recent by law enforcement is to protect their own arses. Nuff said!
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