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untanglingwebs
El Supremo
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Flushing man suing county after he was arrested and charged with drawing gun on trespassers
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Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
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on September 20, 2013 at 4:00 PM, updated September 20, 2013 at 4:07 PM
Flushing Township gun lawsuit.JPGA Flushing man is suing a Genesee County Sheriff Deputy after he was arrested for pulling a gun on two people he says were trespassing on his property in Flushing Township. Gary Ridley | MLive.com
FLINT, MI -- A Flushing man says he was within his rights when he pulled a gun to stop trespassers on his Flushing Township property.
County officials argue in a lawsuit that is heading toward trial that a sheriff's deputy was correct to arrest the man because the man was suspected of holding the accused trespassers at gunpoint and refusing to let them leave the property.
Mark Roger Eichorn, 45, filed a lawsuit July 3, 2012, against Genesee County Sheriff's Deputy Michael Marsh. Eichorn claimed the deputy falsely arrested him and that he was the victim of malicious prosecution when he was arrested and charged with two counts of assault with a dangerous weapon in early 2012.
The Genesee County Board of Commissioners declined to approve a case evaluation award Wednesday, Sept. 18, that would have resolved the lawsuit. It will now move toward a trial.
"We look forward to the trial," said Eichorn's attorney, Glen Lenhoff. "We hope justice is served."
Board Chairman Jaime Curtis and Sheriff Robert Pickell declined to comment on the lawsuit. Attorney William Reising, who is representing the county in the case, said the commissioners reached their decision and the case is moving forward.
Lenhoff said he could not disclose the amount of the proposed award, which was recommended by a case evaluation panel, since it is not public record.
The lawsuit was filed after Eichorn was arrested March 21, 2012, by Marsh following an incident involving two people who were viewing a neighboring house that was for sale.
Eichorn claims that he received a phone call from a neighbor that someone had driven onto his neighbor's property and his property at 8059 W. Coldwater Road in Flushing Township. The neighbor also called 911, according to court records.
After receiving the call, Eichorn said he and his two teenage sons drove to his property, which has a pole barn that sits approximately 1,200 feet off the road, and observed a man and woman viewing a neighboring house at 8041 W. Coldwater Road. Eichorn previously owned the home but it was foreclosed by the bank and was for sale.
Court records show the lot with the home does not have a driveway connecting it to Coldwater Road and Eichorn said he used a gated driveway through his 8059 Coldwater property to access the the lot when he owned it. Eichorn claims he has experienced several situations where people trespass on his property to view the house after the bank put it up for sale, according to the lawsuit.
Eichorn said he locked the gate to his driveway, blocked another neighbor's driveway with a vehicle and had his neighbor block his driveway before speaking with the two people viewing the house, according to a written statement Eichorn gave to police.
Eichorn allegedly confronted the two people viewing the home about trespassing and a verbal altercation ensued, according to the lawsuit. Eichorn said that one of the two people disrespected him and called him names but the people viewing the house said they attempted to apologize to Eichorn, but he wouldn't accept it, according to a police report on the incident. The two people allegedly told police that Eichorn said he was holding them at the property until police arrived.
The two people allegedly responded by getting into their vehicle in an attempt to leave the area through the neighbor's property. However, the two were unable to leave because Eichorn's and the neighbor's driveways were both blocked, according to the police report.
The two tried to reenter Eichorn's property but Eichorn claims he stood in front of their vehicle on his side of the property line and told them to "stay until the cops get here," according to his statement.
The two allegedly drove forward, striking Eichorn in the legs with their car, according to Eichorn's statement. The two then allegedly drove at Eichorn a second time, striking him again at 5-10 mph, according to his statement.
The two people told police that Eichorn "dramatically fell to the ground" and began screaming that he was run over, according to the police report.
Eichorn, who has a concealed pistol license, responded by drawing his pistol and pointing it at the two people who then stopped the car and waited until police arrived.
Police arrived soon after and interviewed Eichorn, the neighbor and the two people. Eichorn was taken into custody on two counts of assault with a dangerous weapon -- a four year felony, according to court documents.
Eichorn claims he was falsely arrested and is the victim of malicious prosecution because Marsh lacked probable cause to arrest him. He also claimed that Marsh arrested him because he is white and that Marsh and the two people viewing the house are black -- an allegation dismissed by Genesee Circuit Judge Richard Yuille during a Sept. 6 summary disposition hearing.
The two people viewing the house were not arrested.
Eichorn was arraigned on the assault charges but they were eventually dismissed after the two people who were viewing the home failed to show up to testify during a preliminary exam.
The county claims that Marsh decided to arrest Eichorn after conducting the interviews because he was accused of pointing a gun at the two people and that he had no right to "hold the couple captive, regardless of whose property they were on," according to court records.
Genesee County Prosecutor David Leyton, who is not named in the lawsuit, said he stands behind his office's decision to charge Eichorn in the case, particularly since he prevented the two people viewing the house from leaving the property.
"If someone is a trespasser, then the homeowner can use such force as is necessary to compel the trespassers to leave the property," Leyton said.
No new court dates have been scheduled in the case. |
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Sun Sep 22, 2013 6:49 am |
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untanglingwebs
El Supremo
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Deutsche National Bank took possession of the house in January of 2012. Why are they selling the house if it is legally landlocked? It appears this is not the first instance of Eichorn's dealing with alleged trespassers, but it may be the only time he used a weapon to detain an alleged trespasser..
The comments on this story are extremely interesting. Burton Guy, Chris and others note that since trespassing is a 30 day misdemeanor, that Eichorn as a civilian had no right to detain and attempt a sort of citizen's arrest.
Both Eichorn and his neighbor locked the previously open gates to prevent the people from leaving the property. One individual who knows Eichorn claims Eichorn has a bad attitude even on a good day.
What role did race play, if any, in the incident? It was Eichorn and his lawyer who are playing the race card. Did Eichorn detain whites who were looking at the house?
Lenhoff's specialty is reverse discrimination cases. However, they are not suing the Prosecutor's office who made the determination to prosecute and stands by their decision. |
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Sun Sep 22, 2013 7:14 am |
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