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Topic: Marcus Mahan now a "special deputy"
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untanglingwebs
El Supremo

EME 3262014
6/19/14 adopted 6/23/14


RESOLUTION TO APPOINT MARCUS MAHAN AS INVESTIGATOR
BY THE EMERGENCY MANAGER:
Pursuant to the authority granted the Emergency Manager by Public Act 436 of 2012, Marcus Mahan shall be appointed by the City of Flint in the capacity of Investigator reporting directly to the Emergency Manager until such time as the Emergency Manager determines that his employment shall cease. Mr. Mahan shall carry out duties as assigned and determined by the Emergency Manager, and pursuant to the City of Flint Charter and Code of Ordinances; and, Mr. Mahan shall be paid an hourly rate of $30.352, paid in biweekly installments consistent with established written policies and procedures of the City of Flint; and, Mr. Mahan shall be compensated from appropriated funds from line item 101-308.200-
702.000, Wages and Salaries, with statutory taxes being withheld as required by law; and Mr. Mahan shall not accrue sick or vacation time. Compensation for services is limited to the hourly wage agreed upon; and Upon execution of this resolution, all terms and conditions contained within the Professional Services Agreement dated February 2014 between the City of Flint and Mr. Mahan
shall be considered completed and the Agreement null and void; and
Going forward, Mr. Mahan’s appointment shall be at the will of the Emergency Manager.
IT IS RESOLVED, that the Emergency Manager shall, on behalf of the City of Flint,
appoint Marcus Mahan under the terms and conditions stated above. Compensation shall be at the hourly rate of $30.352 and drawn from appropriated funds from line item 101-308.200- 702.000, Wages and Salaries, with statutory taxes being withheld as required by law.
Darnell Earley, Emergency Manager
5:\P.


Last edited by untanglingwebs on Wed Jul 23, 2014 8:04 pm; edited 2 times in total
Post Fri Jul 18, 2014 6:23 pm 
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untanglingwebs
El Supremo

Retired police lieutenant appointed special investigator for Flint emergency manager


Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com
on July 16, 2014 at 6:00 AM, updated July 16, 2014 at 6:06 AM



FLINT, MI -- Emergency manager Darnell Earley has appointed a retired, high-ranking Flint Police Department official as an investigator reporting directly to him.

But the resolution making the appointment doesn't say what Marcus Mahan has or will investigate, and city spokesman Jason Lorenz isn't commenting on the reason for the appointment.

A resolution signed June 23 by Earley says Mahan will be appointed to the position "until such time as the emergency manager determines that his employment status shall cease."

"Mr. Mahan shall carry out duties as assigned and determined by the emergency manager ... (and) paid an hourly rate of $30.35 ...," the resolution says.

Lorenz said the emergency manager's office is not commenting further on the appointment because officials do not want to compromise Mahan's work as an investigator.

The resolution says Mahan will not accrue sick or vacation time or other benefits beyond his hourly wage and says representatives of the city and Mahan are party to a professional services agreement dated February 2014.

That agreement "shall be considered null and void ... upon execution of this resolution."

"Going forward, Mr. Mahan's appointment shall be at the will of the emergency manager," the document says.

Mahan worked previously as a sergeant and lieutenant for the Flint Police Department.
Post Fri Jul 18, 2014 6:28 pm 
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untanglingwebs
El Supremo

If you notice from the resolution and Fonger's article there was a previous professional service agreement stemming from February 2014. In the past there was a financial limit on such agreements.

Mahan is said to be personal friend of Darnel Earley. Remember the Williamson lawsuits? The issue was the positions were not posted and there was no selection process. Same thing here.

Mahan has told some officers he had a 90 day contract and he was not investigating police officers. He allegedly was investigating illegally turned on water cases. Why haven't we seen any results as the 90 days is long gone?

It has been no secret that some water employees have allegedly illegally restored water to turned off accounts. In fact Mike Killbreath discussed this issue on his show over a month ago. It has been rumored that some council people know who these employees are.

Another rumor surfacing is that Mahan has lied and he is investigating the officers in the reverse discrimination lawsuit. He is allegedly looking at "moonlighting" and working on other projects while on duty.
Post Fri Jul 18, 2014 6:44 pm 
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untanglingwebs
El Supremo

Federal appeals court allows Flint cops' racial discrimination lawsuit to move forward


Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
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on July 15, 2014 at 11:00 AM, updated July 15, 2014 at 11:07 AM



FLINT, MI -- A federal appeals court will allow a lawsuit to continue against the city of Flint that claims the police department and its leadership discriminated against white officers.

The Sixth Circuit Court of Appeals ruled July 11 that it would uphold a Detroit U.S. District Court decision allowing the lawsuit filed by 14 officers against the city and police department leadership to move forward.

"This is a great ruling for the police officers," said the officers' attorney, Tom Pabst.

Flint spokesman Jason Lorenz could not be reached for comment.

The officers allege that the city and department leadership used race-based discriminatory promotion practices and then retaliated against the officers when they complained.

Flint police promoted patrol officers to the rank of sergeant in 2011 and 2012 on a provisional basis, according to the lawsuit. A test was then administered to determine whether those provisional sergeants should stay on permanently.

However, the lawsuit claims that some black provisional sergeants were able to stay in their positions despite failing the test.

The white officers claimed that the promotions were part of a pattern designed to skirt the department's internal rules of seniority-based promotions in order to favor black officers.

"These decisions are supposed to be race neutral not race based," Pabst said.

The city and department leadership filed a motion in Detroit U.S. District Court to dismiss the lawsuit, but the district court judge allowed allegations against the city and claims of retaliation against department leadership to move forward.

Department leadership argued in the appeal that they were immune to the claims in the lawsuit, but the appeals court ruled that the district court was correct in allowing the allegations to move forward.

The case will return to the district court and move toward trial. No new court date has been scheduled in the case.

The city has been previously targeted by reverse-discrimination claims by white officers.

A three-member panel of arbitrators awarded 48 current and former police officers $3.8 million in 2011 after the city lost a lawsuit involving the appointment by then-Mayor Don Williamson of four black men and one white woman to the Citizens Service Bureau in 2006.
Post Fri Jul 18, 2014 6:50 pm 
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untanglingwebs
El Supremo

I am being told that while white officers were encouraged to apply for the new detective positions, only the black applicants were selected. A new lawsuit coming? Or are the affected officers just looking for a new job?
Post Fri Jul 18, 2014 6:54 pm 
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untanglingwebs
El Supremo

TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY
BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
BE IT RESOLVED, by this Board of Commissioners of Genesee County,
Michigan, that the request by the Office of the Sheriff to authorize a Memorandum of
Understanding (“MOU”) between Genesee County and the Office of the Sheriff, and the
City of Flint for the provision by the Office of the Sheriff of a Special Deputy to the City of
Flint Police Department for the purpose on performing investigative services is approved,
and the Chairperson of this Board and the Sheriff are authorized to execute a MOU
substantially conforming to the draft MOU attached to this resolution on behalf of
Genesee County.
FINANCE COMMITTEE
(On agenda with permission of Committee and Board Chairpersons)
F______
CDB/ms
07-22-14
07-23-F09 F09
Attachment
DRAFT
MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF GENESEE and the OFFICE OF THE SHERIFF
(the “County”) AND THE CITY OF FLINT (the “City”)
(collectively, the “Parties”)
Whereas, by letter dated July 26, 2014, to Sheriff Robert Pickell from City of Flint
Police Chief James W. Tolbert, Chief Tolbert requested assignment of a Special Deputy
to the City of Flint for an internal investigation; and
Whereas the Office of the Sheriff has the authority and ability to make such an
assignment; and
Whereas the Parties desire to enter into this Memorandum of Understanding
(“MOU”) defining the terms of such assignment.
Now, therefore, the Parties agree as follows:
1. The Office of the Sheriff hereby assigns to the City of Flint Police Department
Special Deputy Marcus Mahan for the purpose of performing an internal
investigation or investigations as directed by Emergency Manager Darnell Earley
for a period not to exceed 9 months, commencing July 23, 2014.
2. The City agrees to compensate Genesee County for this assignment at a rate of
$30.352 per hour, to be invoiced and paid on a bi-weekly basis. The City further
agrees to submit to the County on a bi-weekly basis Attachment A to this MOU,
Record of Hours Form, for calculation of payment by the County to Special
Deputy Mahan.
3. All documents, information, reports and other records prepared or generated by
the Special Deputy during his assignment to the City are the property of the City.
4. Either party may terminate this MOU upon 5 days written notice; provided,
however, that the City must pay the County for all work performed through the
effective date of the termination.
5. It is understood that the Special Deputy is an independent contractor and not a
County employee. No provision of this agreement shall be construed as creating
an employer-employee relationship.
6. The City agrees to provide professional liability and automobile insurance
coverages for Special Deputy Mahan for the duration of his assignment to the
DRAFT
DRAFT
City of Flint Police Department. Proof of said insurances shall be provided to the
Genesee County Risk Manager within 10 days of approval of this MOU.
7. The City agrees to indemnify and hold harmless the County of Genesee and the
Sheriff for any claims or actions arising from activity related to this Special
Deputy assignment.
8. Any modifications to this MOU must be in writing, must be approved by each
party, and must be signed by the persons authorized to execute contractual
amendments.
9. This MOU shall be governed by and interpreted according to the laws of the
State of Michigan pertaining to contracts made and to be performed in this State.
CITY OF FLINT
_____________________________
Darnell Earley, Emergency Manager
Date _______________________
COUNTY OF GENESEE
_________________________ _______________________
Jamie W. Curtis, Chairperson Sheriff Robert J. Pickell
Date ____________________ Date __________________
Approved as to form:
Celeste D. Bell
Corporation Counsel
Post Wed Jul 23, 2014 4:49 pm 
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untanglingwebs
El Supremo

Couldn't believe this story when Killbreath told me. Why was the change from city investigator to county special deputy required? is this a ploy to cover up the fact the position was not posted?
Post Wed Jul 23, 2014 4:52 pm 
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untanglingwebs
El Supremo

Retired Flint police lieutenant to be deputized by sheriff for city of Flint's internal investigation

Blake Thorne | bthorne1@mlive.com By Blake Thorne | bthorne1@mlive.com
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on July 25, 2014 at 5:30 PM, updated July 25, 2014 at 5:31 PM

FLINT, MI -- A retired, high-ranking Flint Police Department official is set to be deputized by the Genesee County Sheriff's Office for a special investigation.
Officials are mum on what exactly Marcus Mahan will investigate. Genesee County Board of Commissioners Chairman Jamie Curtis said Mahan is being deputized by the sheriff to avoid claims of conflict of interest and to allow him to investigate with independence for the city of Flint. The city is picking up the tab at an hourly rate of $30.35. The assignment has a nine month expiration date.

"I don't know what he will be doing for the city," said Sheriff Robert Pickell. "They didn't tell me, and apparently it's some sort of an investigation."

A city spokesman and Flint Police Chief James Tolbert could not be reached for comment Friday, July 25. City spokesman Jason Lorenz has previously said the emergency manager's office is not commenting further on his appointment of Mahan because officials do not want to compromise Mahan's work as an investigator.

Curtis said the resolution is cost-neutral for the county, and similar agreements have been done in the past.

"All we're doing is being cooperative ... at no risk to the county, we're not on the hook for anything," Curtis said.

Commissioners approved the measure this week but asked the city to contribute an amount equal to 2 percent of Mahan's pay to the county to handle extra administrative costs like payroll processing. The county is still waiting to see if the city will accept the 2 percent amendment, Curtis said.

Mahan worked previously as a sergeant and lieutenant for the Flint Police Department.



Blake Thorne is a reporter for MLive-The Flint Journal. Contact him at bthorne1@mlive.com or 810-347-8194. Follow him on Twitter or Facebook.
Post Fri Jul 25, 2014 5:05 pm 
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untanglingwebs
El Supremo

Special investigator hired by Flint emergency manager is lead detective in half-dozen water theft cases

Molly Young | myoung7@mlive.com By Molly Young | myoung7@mlive.com
on September 16, 2014 at 6:00 PM, updated September 17, 2014 at 7:58 AM

FLINT, MI -- The retired, high-ranking Flint Police Department official who was deputized for a special investigation in Flint is listed as the lead detective on at least six recent court cases related to alleged water theft.

Marcus Mahan was appointed in June by Flint emergency manager Darnell Earley as an investigator reporting directly to him. Mahan was then deputized in July by the Genesee County Sheriff's Department for the special investigation within the city of Flint, but Flint officials kept the focus of his investigation under wraps.

Mahan is listed in court records as the investigating officer in the case of city of Flint employee Warren Southall II, who was arraigned Sunday on one count of malicious destruction of utility property. Flint police say they caught Southall illegally turning on water service to a Flint home.

Mahan also is listed as the investigating officer on at least five other cases regarding water theft within the city of Flint, court records show.

Genesee County Sheriff Robert Pickell on Monday, Sept. 15, declined to comment on the focus, scope or purpose of Mahan's investigation, noting that he does not directly oversee him.

"I deputized Mahan as a special investigator who is assigned to the city of Flint, but I don't work with him on a day-to-day basis," Pickell said, noting that the city reimburses the department for Mahan's wages. "I don't know anything about his investigation."

Flint police Chief James Tolbert and city spokesman Jason Lorenz declined to comment on the cases, saying that the investigation is ongoing. Details and information are expected to be released later this week, they said.

Here is a list of those who have been arraigned on water-theft-related charges:
•Warren Southall II, 37, was arraigned Sunday, Sept. 14, on one count of malicious destruction of utility property and is held in jail on $10,000 bond. He is a city of Flint employee who police say they caught illegally turning on a Flint resident's water last week.
•Anthony Bryant, 50, pleaded guilty to one count of fraudulent use of a public utility under $500 on Aug. 27.
•Samuel Sanders, 49, pleaded guilty to fraudulent use of a public utility over $500 on Aug. 27.
•Demetrius Jeffries, 34, faces one count of fraudulent use of a public utility over $500. Jeffries retained a court-appointed attorney, and his preliminary exam was scheduled for Tuesday morning, Sept. 16. He is held in jail on $5,000 bond.
•Simeon King, 49, faces one count of resisting and obstructing police officers. Genese County Prosecutor David Leyton said King refused to let police examine his meter to see if he had tampered with it. King posted a $2,500 bond on Sept. 9, and the case was bound over to Genesee County Circuit Court Sept. 10. King has retained defense attorney Albert Zerka.

Genesee County Prosecutor David Leyton said he is not involved in, and does not know the scope of, the investigation – how many people already faced charges related to water theft.

"At this point, it is what it is. It's just one individual charged with malicious tampering with utility property, and several other people charged with lower-level crimes," Leyton said.

Southall is the only one of the six who is a city employee, Leyton said. In 2012, Southall was listed in city records as being a water distribution maintainer.

City officials estimated in 2012 that more than 30 percent of the city's water usage each year goes unbilled due to theft, leaks and for fighting fires.
Post Wed Sep 17, 2014 7:10 am 
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untanglingwebs
El Supremo

The Genesee County Billing system dealt with this issue often. Many users discovered they could turn the meter backwards an reduce their bill. Many times they forgot to replace it correctly and got caught when they had a negative water consumption or a consumption that was too low.

The billing department sent out meter readers to check the meters. With the remote reading systems, are you telling the public it took a special investigator to find water theft.

Or are all of these suspects, individual that had their water turned on illegally?
Post Wed Sep 17, 2014 7:18 am 
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untanglingwebs
El Supremo

Flint officials confirm 'massive' water theft investigation, crackdown


Flint Police Chief James W. Tolbert addresses the media during a press conference discussing the Flint water theft investigations on Wednesday, Sep. 17, 2014 in Flint at police headquarters. So far seven suspects have been arrested, including one city employee, while other possible suspects and investigations are ongoing. Erin Kirkland | MLive.com

Erin Kirkland

Molly Young | myoung7@mlive.com By Molly Young | myoung7@mlive.com
on September 17, 2014 at 5:30 PM, updated September 17, 2014 at 5:31 PM



FLINT, MI -- Police say they are investigating about 50 cases of water theft, and they expect that number to keep growing.

Flint police Chief James Tolbert confirmed Wednesday, Sept. 17, that Marcus Mahan – the retired, high-ranking Flint Police Department official who was deputized for a special investigation in Flint – was hired to investigate water theft in the City of Flint.

Officials could not estimate how many people they suspect are or have been stealing water, or for how long, but did say the problem is "massive."

"We know that there are numerous individuals out there that think they can steal from their neighbors, their city, whoever it may be," Mahan said during a news conference Wednesday afternoon. "That is not the case. We are going to prosecute you, and we're going to prosecute you to the fullest."

Several agencies are involved in the operation, including the city attorney, the Genesee County prosecutor, the Genesee County Sheriff's Department and the city of Flint Police.

Genesee County Prosecutor David Leyton said he has dedicated an attorney to help prosecute cases from the investigation.

"The scope is quite wide," Leyton said of the investigation. "There are a lot of individuals receiving water in the city of Flint that are not paying for it. And there are individuals receiving water that have willfully bypassed the meters and are ... stealing water from the city. And, we can't tolerate that as a community, as a county and as law enforcement officials."

If a case is not severe enough to justify prosecution by the Genesee County prosecutor, the city attorney will prosecute, Tolbert said.

"We intend on following up on all leads ... to ensure ... that people who pay for water are not being penalized by people who choose not to pay for water," Tolbert said.

The Flint City Attorney Peter Bade called the investigation massive, and said it should have an impact on Flint residents' water bills.

"It's a massive problem for the City of Flint," Bade said. "It's important for folks to understand that this fund is a self-contained fund, meaning costs are spread among the users, so people who steal water are stealing from their neighbors, neighbors who pay their water bills, and this does impact the cost of water in the city of Flint."

Bade said he currently working with the Flint Police Department to issue warrants on the 50 cases of water theft Mahan is actively investigating.

"And we think there will be many more after that," Bade said.

So far, seven people have warrants or have faced felony charges from Leyton's office:
•Warren Southall II, 37, was arraigned Sunday, Sept. 14, on one count of malicious destruction of utility property and is held in jail on $10,000 bond. He is a city of Flint employee who police say they caught illegally turning on a Flint resident's water last week. Officials claim Southall was exploiting residents who had their water shut off by the city by taking bribes to turn it back on.
•Anthony Bryant, 50, pleaded guilty to one count of fraudulent use of a public utility under $500 on Aug. 27.
•Samuel Sanders, 49, pleaded guilty to fraudulent use of a public utility over $500 on Aug. 27.
•Demetrius Jeffries, 34, faces one count of fraudulent use of a public utility over $500. Jeffries retained a court-appointed attorney, and his preliminary exam was scheduled for Tuesday morning, Sept. 16. He is held in jail on $5,000 bond.
•Simeon King, 49, faces one count of resisting and obstructing police officers. Leyton said King refused to let police examine his meter to see if he had tampered with it. King posted a $2,500 bond on Sept. 9, and the case was bound over to Genesee County Circuit Court Sept. 10. King has retained defense attorney Albert Zerka.
•Paul Dukes, 57, faces one count of malicious destruction of utility property, and is being held on $1,000 bond.
•Edgar Lee Rattler, 61, faces two counts of malicious destruction of utility property.

Pickell said he was most appalled that a city employee such as Southall would exploit individuals within the community already struggling to make ends meet.

"I know that for people who are on fixed incomes, those that are unemployed, those that are on public assistance, it's very, very difficult to make these payments. And, that said, none of us have a right to obtain water unlawfully," Pickell said.

There are solutions available for those who cannot afford to pay their water bills, officials said. Keep the Water Flowing is a program that partners with area nonprofits to assist Flint residents. Payment plans that cover up to 50 percent of costs are available at 810-766-7015. For owner-occupied homes, a poverty exemption credit is available at 810-766-7255. The Department of Human Resources offers reduced deposits and some water bill credits at 1-855-275-6424. And, the Salvation Army also offers water payment assistance. Information is available on that program at 810-232-2196.

"It galls me...as it pertains to Warren Southall who has exploited people who are having a very difficult time by going out there and making these hookups," Pickell said. "And, no one who has any sympathy for someone who is exploiting people who are having a difficult time. I'm confident that there will be more arrests if people continue to exploit the poor. I'm confident that we ... will prosecute these people to the fullest extent of the law allowable."
Post Thu Sep 18, 2014 5:54 am 
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untanglingwebs
El Supremo

http://www.mlive.com/news/flint/index.ssf/2015/04/flint_water_investigator_searc.html#incart_river
Post Thu Apr 23, 2015 9:12 am 
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untanglingwebs
El Supremo

Flint water investigator searched home without warrant, lawsuit claims

Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
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on April 22, 2015 at 11:27 AM, updated April 22, 2015 at 12:07 PM



FLINT, MI -- A man is suing the city of Flint, claiming a special investigator threatened him, searched his girlfriend's house without a warrant and eventually arrested him when he protested the search, according to the lawsuit.

Simeon King filed a federal civil rights lawsuit April 16 in Detroit U.S. District Court after he was arrested and charged in 2014 with obstructing an investigation into possible water theft at his girlfriend's home. The charge was later dropped.

King names the city and the city's special water investigator, Marcus Mahan, in the lawsuit, which claims that Mahan, a former high-ranking member of the city's detective bureau, illegally entered the home without a warrant or consent.

The lawsuit alleges King was staying at his girlfriend's Burroughs Avenue home on April 25, 2014, when Mahan knocked on the door around 10:45 a.m. When King answered the door, Mahan entered the home, according to the lawsuit.

King, of Grand Blanc Township, claims in court documents that he asked Mahan to leave, but Mahan refused. The lawsuit alleges Mahan then identified himself as a Flint police sergeant and demanded the right to enter the home to search and investigate a water hook-up.

The lawsuit claims King explained to Mahan that it was not his home and he could not give him permission to enter. However, Mahan refused to leave and repeatedly threatened King with arrest if he didn't allow him to search the home, according to the lawsuit.

King claims Mahan demanded that he show him his driver's license and tell him the name of his girlfriend, which King refused to do, the lawsuit alleges.

Mahan continued to threaten King with arrest and told him he would get a search warrant, but King still refused to allow the search, according to the lawsuit.

King claims Mahan then called in a uniformed officer for backup, allowed the officer inside the home and told King that the officer would arrest him if he did not give Mahan permission to search the home. Mahan also demanded that King provide the uniformed officer with his driver's license or face arrest. This time, the lawsuit claims King agreed to hand over the license.

Mahan then began to search the home, citing a city ordinance that allows warrantless searches and inspections on water meter connections, according to the lawsuit.

King claims Mahan went to the home's basement and looked at the water meter. But, Mahan also went into the kitchen and began going through cupboards and drawers, the lawsuit claims.

A felony arrest warrant was issued July 9, 2014, for King, claiming that he resisted and obstructed a police officer. He was taken into custody July 22 and arraigned the next day.

It was the first time King had been charged with a crime, according to the lawsuit.

The charges were eventually dismissed in December 2014 after Genesee Circuit Judge Geoffrey Neithercut ruled that police needed a search warrant to enter the home.

Flint city attorney Peter Bade declined to comment on the case.

King's Farmington Hills-based attorney, Thomas M. Loeb, said Mahan was required to get a warrant to conduct the search.

"Just because there's an ordinance, it doesn't give him a right to force into the home," Loeb said.

Gerald A. Fisher, a professor with Western Michigan University Cooley Law School and former municipal attorney, said such searches are typically conducted with a warrant. However, a municipality can pass an ordinance that allows utility workers to enter homes for regular inspections of utility property.

However, Fisher questioned the legitimacy of how Flint was using such an ordinance, claiming that it doesn't give workers the right to single out properties and conduct searches on them. Usually, Fisher said, the city creates a regular procedure for such administrative searches.

He further questioned the use of a law enforcement officer in the searches.

"Typically, it's someone associated with an administrative activity," Fisher said.

He added that most municipal water inspections can also be completed without the inspector ever entering a house.

The lawsuit claims King continues to suffer humiliation and embarrassment from the case. He was also forced to pay for his legal expenses after police violated his freedom of speech and due process rights, according to the lawsuit. It does not specify any monetary damages.

The city of Flint in February 2014 hired Mahan, who had retired from the department, to conduct a special investigation into water thefts. King's case was one of seven cases highlighted during a September 2014 announcement by the city about the water investigation.

The city and Mahan have not yet filed a response to the allegations. No new court dates are scheduled in the case.
Post Thu Apr 23, 2015 9:14 am 
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untanglingwebs
El Supremo

http://www.mlive.com/news/flint/index.ssf/2014/12/case_dismissed_against_man_acc.html
Post Thu Apr 23, 2015 9:16 am 
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untanglingwebs
El Supremo

Case dismissed against man accused of obstructing Flint water theft investigation


Flint Police Chief James W. Tolbert addresses the media during a press conference discussing the Flint water theft investigations on Wednesday, Sep. 17, 2014 in Flint at police headquarters. So far seven suspects have been arrested, including one city employee, while other possible suspects and investigations are ongoing. Erin Kirkland | MLive.com

Erin Kirkland



Molly Young | myoung7@mlive.com By Molly Young | myoung7@mlive.com
on December 23, 2014 at 4:15 PM



FLINT, MI -- A Genesee County judge on Tuesday dismissed charges against a Grand Blanc man accused of obstructing a water theft investigation in Flint.

Genesee County Circuit Court Judge Geoffrey L. Neithercut dismissed a case against Simeon King, 49, who officials claimed obstructed a water theft probe at a Flint home.

Prosecutors alleged that when Marcus Mahan, a deputized special investigator assigned to investigate water theft in Flint, tried to enter King's girlfriend's house to examine the water meter, King would not allow him inside, would not provide his identification and allegedly pushed Mahan and another uniformed officer out of the home.

"The defendant was charged with resisting and obstructing police...Mr. Mahan and a uniformed officer were pushed by this individual, and I believe that's resisting and obstructing," said Genesee County Prosecutor David Leyton. "(Neithercut) ruled police needed a search warrant to enter."

Al Zerka, King's defense attorney, argued that King did not have to let Mahan into the home and that he should not have to provide identification to police when he had done nothing wrong and was minding his own business inside the home when police knocked on the door. King's attorneys argued that King did not have the right to allow investigators to enter the home because it wasn't his.

"Mahan had known the meter had been tampered with, based on looking outside he could tell. He didn't need to go inside," Erica Vicari, an attorney that works in Zerka's office, said. "Mr. King told him he was not the owner of the house and could not let them inside because he doesn't have consent from the owner, and told them to come back later when the owner was home or to come back with a warrant."

Prosecutors pointed to a city ordinance that they say gives city officials the right to enter homes in order to inspect, disconnect, repair or remove water meter materials since they are the property of the city.

The ordinance reads: "The City reserves unto itself and its authorized agents the right to enter the consumer's premises, in the manner prescribed by law, to inspect, disconnect, repair and remove the water meter connections or any property belonging to it, or to do any one of these things, or for any violation of this chapter."

But the defense claimed the language used in the ordinance allows city officials to enter a home only in a "manner prescribed by the law," which would include getting a search warrant or being given permission by the homeowner.

King did not obstruct police officers, because they had no right to be inside the home, his attorneys said.

Officials in September announced they were investigating about 50 cases of water theft in the city.
Post Thu Apr 23, 2015 9:20 am 
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