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untanglingwebs
El Supremo
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Genesee County pays $630,000 to settle excessive force jail lawsuit
Genesee County jail deputies accused of excessive force
A jail surveillance video at the center of excessive force lawsuit filed against the Genesee County Sheriff’s Department shows multiple deputies struggling with a man who was arrested on suspicion of drunken driving.
Print Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
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on September 03, 2014 at 2:30 PM, updated September 03, 2014 at 3:01 PM
FLINT, MI -- Genesee County has agreed to pay $630,000 to settle an excessive force lawsuit stemming from an incident between an inmate and multiple deputies at the county jail.
Jail inmate Fernando Davis filed the lawsuit claiming he was beaten and pepper sprayed after being lodged at the Genesee County Jail for suspicion of drunken driving. He was represented by attorney David Blake of the Pleasant Ridge-based Romano Law firm.
U.S. District Court records show the case was dismissed Aug. 27 after the settlement was reached.
Davis filed the lawsuit in March 2011 claiming he was severely injured when multiple deputies allegedly beat him and sprayed him with pepper spray inside the jail after being transported there March 24, 2009, by the Michigan State Police.
Genesee County Sheriff Robert Pickell said he was upset with the county's decision to settle the case.
"I'm thoroughly upset with that decision," said Pickell. "I think this one should have gone to trial."
Jamie Curtis, chairman of the Genesee County Board of Commissioners, could not be reached for comment on the settlement.
The deputies claim that Davis was resisting them and they had to respond accordingly to obtain compliance, according to arguments made by their attorneys in the case.
Jail surveillance video recorded the altercation at the center of the legal battle, which allegedly began after a shoe Davis was wearing was sent in the direction of deputies.
Pickell said the silent surveillance video was captured by motion-activated cameras and does not thoroughly show why the deputies responded the way they did.
"The video doesn't run the whole time," Pickell said. "You don't get the whole picture."
Pickell said Davis was causing trouble inside of the jail and the deputies reacted appropriately. None of the deputies involved in the case were disciplined, according to the sheriff.
"I'm thoroughly upset with that decision." -Genesee County Sheriff Robert Pickell
"They didn't get reprimanded because they didn't do anything wrong," Pickell said.
The Sixth Circuit Court of Appeals in Cincinnati ruled in April that it would not overturn a March 26, 2013, decision by Detroit U.S. District Judge David M. Lawson who ruled that the case should not be dismissed because jurors could rule in Davis' favor after watching the security footage. However, Lawson said in his ruling that he didn't necessarily agree with either side's interpretation of the video.
A report by Detroit U.S. District Magistrate Judge R. Steven Whalen, which was used by both Lawson and the appeals court in their rulings, says that the video shows Davis inside the cell. Davis then appears to gesture and walks toward the cell door. As he approaches the door, the deputies enter and grab Davis.
Davis is taken to the ground and a scuffle ensues, according to Whalen. Whalen writes that one deputy can be seen either removing Davis' jacket or punching him. It then appears as if Davis is pepper sprayed, according to Whalen.
The deputies then exit the cell and leave Davis face-down on the floor. About 50 minutes after the incident, deputies enter the cell and escort Davis out. Whalen writes that what appears to be blood can be seen left in the cell's toilet.
Lawson ruled that the shoe in question does appear to be moving very close to the floor before the deputies rush the cell, but that it does not appear to be "flying," as the deputies' suggest. He added that it is not apparent at all from the video that the shoe was thrown or kicked with any substantial force or that it struck anything.
He wrote that footage from an in-cell camera was ambiguous because it shows Davis making a movement with his leg, but it did not appear to be especially dramatic or forceful. Lawson ruled that the video could reasonably be interpreted to show either a "flip" or "drop" of the shoe just as well as a "kick."
Davis' attorney has said his client had multiple surgeries to correct injuries from the incident and that he is undergoing treatment for post-traumatic stress disorder.
Pickell said the settlement shows that the county is "waiving the white flag" to attorneys who have filed lawsuits against it. The sheriff added that no lawsuits against his department have gone to trial since he was appointed in 1999.
"The taxpayers' money is being wasted," said Pickell, adding that he has requested a meeting with the county's corporation counsel and risk managers to express his concerns over the frequency of lawsuit settlements.
Celeste Bell, the county's corporation counsel, said the county's self-insured retention will cover $350,000, including the county's expenses associated with the case. The county's excess insurance carrier will cover the rest of the settlement.
Bell said none of the county's general fund will be used to pay the settlement.
Watch video at center of excessive force lawsuit against deputies at Genesee County Jail
Federal appeals court says excessive force lawsuit against Genesee County sheriff's deputies can move forward
uhtoh7 Sep 4, 2014
no matter how you view this video, what was so bad when he's already locked up and being video taped? Nothing to deserve a beat down. Wait till you see the new one against Pickell and his team which has already been filed where a new Sgt, Sz, put "another" inmate in the hospital. He leads the "team" in hospital visits. Sheriff, just because your peeps have a badge, it doesn't give them the right to pummell, how about restrain instead. And Pickell, your not an attorney...they look at what it will cost to "lose" if it goes to trial. This case took 630k. They dont settle unless your screwed and obviously, these attorney's know you are !!
@Tom3009 @Imjustsayin Well, you are contradicting yourself. Mr. Davis being paid this money means the officers have been held accountable for their actions. Yyou chose to stir the pot by claiming the fact Mr. Davis was arrested justifies a beating by LEO. You stirred the pot by saying because of the reasons he was arrested, he got what he had coming.
So, based on your own words, Mr. Davis accepted a beating as a result of being arrested for drunk driving. Therefore, his monetary award was the result of LEO taking responsibility for that beating.
See how that worked? Easy as pie.
With all the shenanigans going on under Robert Pickell, nothing surprises me about the conduct of the LEO's in his office.
Then when the lawsuits roll in and are won, Pickell does his usual feigned outrage, while never accepting responsibility for running his office as he does.
Maybe, when Pickell acts in a lawful manner, things will change, but that's not likely to happen.
rationalbasis Sep 4, 2014
@Tom3009 No one is disputing that the cops were correct in arresting the man. The argument is that flipping a shoe in the general direction of the cops poses no threat to anyone, and the reaction was completely disproportionate.
michrick57 Sep 4, 2014
I generally agree with law enforcement. I can't do it this time. From What I could see in the video the guy was doing nothing except maybe talking crap. It looked like they knocked him out of his shoes to me.
rationalbasis Sep 4, 2014
@djfx Any maybe less money would be wasted if he took the time to train his staff in proportional responses to the threat faced (shoe landing darn near in the same room as them).
nojustice23 Sep 4, 2014
First thing, Pickell is an idiot. They would have lost in court. Second and being ex- law enforcement, the camera is always rolling and can be manual turn off if you are trying hide something or doing something illegal. It is obvious that Deputies did something or say something to this guy and stop the video from being tape. Genesee County was wise to settled, it would have been easily a million dollar lawsuit
Dynochick Sep 3, 2014
"The taxpayers' money is being wasted," said Pickell
That's right, the taxpayer's money is being wasted because your deputies cannot act in a professional manner. If a little shoe flying through the air and NOT hitting a deputy is enough to set off this incident then your deputies are too high strung and are nothing but ticking time bombs. |
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Tue Sep 06, 2016 6:17 am |
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untanglingwebs
El Supremo
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| I could not believe the violence by the deputies in the video. If I had been on the jury, the settlement would have been double. Yet no criminal charges against any of these violent law enforcement men and women. |
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Tue Sep 06, 2016 6:21 am |
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untanglingwebs
El Supremo
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Cherie did not get her wish, but her story is deeply moving
received this very personal very upsetting text from my client Joe Parks'
Wife Cherie (Goyette) Parks
Jay
Hello Family and Friends,
PLEASE READ MY FAMILY’S PERSONAL STORY!!! LET’S VOTE BOB PICKELL OUT OF OFFICE TOMORROW TUES 8/2/16! HE AND HIS ADMINISTRATION ARE CORRUPT AND NEED TO GO!!!
If you know me and my husband Joe Parks well enough, you will believe every word of my personal note that follows…
In October 2014 Sheriff Bob Pickell and Undersheriff Chris Swanson had my husband Joe Parks, a 30 year highly awarded and decorated veteran of the Genesee Co Sheriff’s Dept., arrested ILLEGALLY and forced him to spend the night in jail. His mug shot appeared on local TV stations and newspapers, with very little and mostly inaccurate coverage from the local news programs, newspapers and MLive. A very degrading and humiliating experience that will be with Joe forever. 2 long years later: it was proven less than 2 weeks ago in Judge Cathy Dowd’s Genesee County court room that Joe’s arrest was completely unwarranted, was an abuse of power by the Sheriff’s dept, was politically motivated and based on perjury and lies by the Genesee Co Sheriff’s Dept. Joe’s arrest was an attempt at retaliation by Pickell and Swanson for a civil law suit that Joe filed in Sept 2012 against the Sheriff’s dept. That law suit is slowly progressing in Federal court and will hopefully end favorably for Joe within the next year. It took 2 years for the arrest charges to be totally and completely dismissed by judge Dowd. The fight in court has been exhausting for Joe – but in the end justice prevailed and it has been proven that a terrible injustice was authorized by Sheriff Bob Pickell and his administration. The 2 years in court was a complete waste of time and money for you the tax payers of Genesee Co, and has been two years of legal fees, time and hell that Joe has had to endure. I am so proud of Joe and how he has handled this extremely stressful and humiliating injustice. My husband Joe is a very good man with uncompromising integrity. He was a very good, honest, hardworking public servant. Sheriff Pickell and Undersheriff Swanson authorized illegal and immoral actions against my husband that have negatively changed Joe’s life forever. They used the media to publicly humiliate Joe, stole his career and identity, and they took away his ability to ever find employment in police work. THIS ALL HAPPENED BECAUSE THEY DID NOT LIKE THAT JOE FILED A LAW SUIT!!! No one should ever have to spend the night in jail because someone with power was unhappy. My husband did and that is wrong in so many ways! I believe Pickell and Swanson will go to any length for their own personal gain – and that’s very scary for myself and our family. We will all sleep more soundly if Pickell is knocked out of the race with tomorrow’s vote. The Sheriff’s Dept has made our family fearful of retaliation from local police and Pickell’s political cronies. The list of Pickell/Swanson authorized actions that have been taken against Joe our family is long and disturbing – including Genesee County officers entering our home when we were not there, and illegally removing stacks of legal and personal documents - with no legal warrant or any authorization from myself or Joe. Today Aug 1st is Joe’s birthday. Please help our family give Joe a belated birthday present and vote tomorrow Aug 2nd for Dan Allen so we can get Pickell and Swanson out of the Sheriff’s office forever. For my fellow prayer warriors – I know I don’t have to ask, but please pump up the prayers! Your prayers, love and support have sustained Joe, myself and our family through a long and difficult ordeal. We remain strong because of you. Thank you & please vote for Dan Allen! Cherie’ Parks
We need everyone to vote for Dan Allen tomorrow! Tomorrow Aug 2nd is the most critical day for our chance to remove Bob Pickell from office as the Sheriff of Genesee County. Dan Allen or Bob Pickell will be chosen by the voters in tomorrow’s Democratic primary election –- the winner will advance to the Nov 8th general election as the Democratic candidate. The loser will be done tomorrow. Let’s all get out and vote to be sure that the winner who will advance is Dan Allen!
It is so important that everyone understands that If Pickell wins the vote tomorrow Aug 2nd that will end Dan Allen’s run for sheriff. Pickell would then most likely defeat the Republican candidate Matt Kroll in November and would continue to be our sheriff for the next 4 years. Bob Pickell is currently 76 years old. Dan Allen is 54 years old.
Tomorrow we are voting for local issues only. There are no presidential candidates or national issues to vote for. You must vote straight ticket tomorrow (republican or democrat) or your ballot will be invalid. We will have the option to vote split ticket in the November general election. Dan Allen is running as a Democrat. For those of you who would normally vote Republican – unless there is a candidate on the Republican ticket that you strongly support, I am asking that for the Aug 2nd election you vote Democrat so that you can vote for Dan Allen for Genesee County Sheriff. You can find a sample ballot for your precinct at www.Michigan.gov/vote.
I encourage you to share with other Genesee County voters all of this info. Please do not hesitate to contact me if you have any questions or comments.
Thank you,
Cherie’ Parks |
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Tue Sep 06, 2016 6:26 am |
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untanglingwebs
El Supremo
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Assault charges dismissed against jail deputy for second time
Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
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on July 21, 2016 at 7:16 PM
FLINT, MI – A judge has dismissed charges against a former Genesee County Jail deputy for the second time in nearly a year after he was accused of assaulting an inmate.
Genesee District Judge M. Cathy Dowd dismissed the charges Thursday, July 21, against former Sherriff Sgt. Gerald Parks Jr. Parks was charged with misconduct in office, misuse of a dangerous weapon and assault and battery after he was accused of attacking an inmate inside the county jail in 2012.
"This is total vindication. This is a total victory," said Parks' attorney, Jay Clothier. "The Constitution is not lawyer talk. The sheriff is not above the law."
Parks has maintained his innocence throughout the case.
Genesee County Sheriff Robert Pickell has said his office began investigating Parks in October 2014 after a computer disk containing security video of the alleged 2012 assault was discovered by another deputy.
Pickell declined to comment until he has a chance to review Dowd's decision.
The assault allegedly happened after the victim was booked into the jail following his arrest at Buttercup Beach for an outstanding warrant.
The 21-year-old man testified during the preliminary exam that a deputy pepper-sprayed him in the eyes after he banged on the glass in a solitary cell for roughly 15 minutes to try to get a deputy's attention.
The inmate, who denied swearing or acting violently during the exchange, testified a deputy hit him after he was placed in a specially designed chair used to restrain inmates.
While the inmate described the guard he claimed hit him, he was unable to identify him in the courtroom.
Dowd previously dismissed the case against Parks in June 2015 after the man Parks was accused of assaulting in the jail was unable to identify him as the deputy who attacked him. The incident was caught on jail surveillance cameras, but Dowd refused to allow a second sheriff's deputy to identify Parks on the video.
The judge claimed it was inappropriate to allow a third-party identification based on the video since the alleged victim was able to testify. She dismissed the case before prosecutors finished presenting witness testimony.
Prosecutors appealed Dowd's decision to Genesee Circuit Judge Joseph J. Farah, arguing they should have been allowed to introduce a DVD copy of the surveillance video and let the second deputy use it to identify Parks as the perpetrator of the alleged assault.
Criminal charges have been reinstated against a Genesee County Jail deputy accused of assaulting an inmate after a judge ruled the case was improperly dismissed.
Farah ruled Dowd abused her discretion by failing to admit the surveillance video as evidence and stated she misinterpreted legal precedent when she did not allow the second deputy to identify Parks in the video.
He ordered Parks' preliminary exam to continue.
Clothier said the tape was entered into evidence when the case was returned to Dowd for a continuation of a preliminary exam, but he said the judge was still unable to find probable cause to bind the case over for trial.
Officials have refused to release the surveillance video, citing the ongoing litigation.
Genesee County Prosecutor David Leyton said he was aware of Dowd's decision on Thursday, but he declined to comment until he had a chance to review her findings.
The case against Parks has been contentious, with Clothier referring to it as a "witch hunt," and Parks' civil attorney calling it retaliation for a lawsuit Parks filed against the sheriff's office.
Parks filed a federal lawsuit against the sheriff's office in November 2013 on claims he was retaliated against, and eventually forced to retire after more than 30 years of service, for testimony he gave during an April 2012 union collective bargaining-related arbitration hearing. His testimony was critical of sheriff's office administration.
The lawsuit is pending in Detroit U.S. District Court.
A $139,000 jury verdict left Genesee County Sheriff Robert Pickell and the fired deputy who sued his department each claiming victory.
Parks also recently testified in a civil lawsuit against the sheriff brought by former colleague Sgt. Joseph Boulton.
A jury awarded Boulton $139,000 Tuesday, July 19, for his whistleblowing claims following a roughly two-week trial.
Boulton filed the lawsuit in 2012 after he claimed he was demoted, stripped of his police certification and suspended following testimony he gave in an arbitration hearing that was unfavorable toward Pickell and his staff.
However, Pickell claimed the jury's verdict, which he said was much less than the millions Boulton's attorney was seeking in the case, justified his department's actions.
The sheriff and Clothier also tangled during Parks' initial preliminary exam when Pickell accused Clothier of an "attack on women" because of a slogan printed on a T-shirt roughly six years ago advertising the attorney's law firm.
Genesee County sheriff claims attorney's T-shirt is 'attack on women'
Genesee County Sheriff Robert Pickell accused a local defense attorney of an "attack on women" because of a slogan printed on a T-shirt roughly six years ago advertising the attorney's law firm.
Pickell made the accusations against Clothier May 12, 2015, during a press conference at the downtown Flint YWCA.
The press conference included an image of a shirt promoting Clothier's law firm, which contained the slogan "You say domestic violence I say spousal discipline."
The shirt was created roughly six years before the press conference, but it was never printed for widespread distribution, Clothier said at the time.
Artful Dodger
Jul 22, 2016
please read the story again. They did allow the deputy to view and testify on the tape. What mlive hasn't reported is that the judge in her ruling believes this same deputy perjured himself during testimony.
Suzanne Hollister
Jul 22, 2016
So Leyton are you going to do your job and issue a arrest warrant on perjury against the deputy? If not I guess we should call the State Attorney office concerning your office
Suzanne Hollister
Jul 22, 2016
So true, time for a outside agency to investigate the sheriff
ParkingWarrior
Jul 22, 2016
@Suzanne Hollister Its way passed time, if people knew the things that have been going on there since 1999 they would be flabbergasted!!
imaflintoidbaybay
Jul 22, 2016
There are a bunch of sadists at that jail. I'm not saying it's all of them, but there are some.
carol43
Jul 21, 2016
Are they waiting for a 10 MIL lawsuit before they do something about him?
kaye1974
Jul 21, 2016
Judge wanted to know why the Deputies that jumped on this guy were never charged, just Parks who pepper sprayed him and wasn't proved that he did anything against law. Could it be that Parks was only one who had lawsuit against County? That's not a good reason to try to put a 32 year veteran in prison with no probable cause. Now we're going to have to pay for his unlawful arrest where warrant should not have been granted. And, by the way, for the Deputys who went into his house without a warrant and only thing stolen ? His union papers
Suzanne Hollister
Jul 22, 2016
As you see there is no arrest warrants against those officers who stole those Union papers, there probably will be no warrants for the person who perjury themselves in court. People need to wake up and realize our county is being ran by corrupt people.
ParkingWarrior
Jul 22, 2016
@Suzanne Hollister How about the warrant request on a deputy that was getting paid too much because of a mistake at the comptrollers office, but Pickell steals from the pension fund and nothing happens. TIP OF THE ICEBERG Theres a Pulitzer in getting to the bottom of this cesspool for some on the ball reporter.
thegreenarcher
Jul 21, 2016
Challenge Pickell at your peril.
Suzanne Hollister
Jul 21, 2016
Why did you not include in this article that one of the prosecution witnesses committed perjury? Mlive you suppose to cover ALL the news, this is the second time lately that the major news has not been released.
Artful Dodger
Jul 21, 2016
Strike two all in the same week. Let's be clear on this. The judge dismissed this case again. But she also stated that their was obvious perjury from the prosecution witnesses. And I ask, who supervises the Sheriff and his minions? Will there be a investigation on the perjury? I bet not. Leyton needs to step away from the implosion going on over at the Sheriffs Department. Everyday we see people being gunned down by police and people wail at the injustice. I agree. And people ask, why doesn't anyone weed these people out? And my answer to you is this, in the Genesee County Sheriff Department there is a culture of harassment, fear, and criminal activity. This culture is fostered and nurtured by the Sheriff and the Undersheriff, and enforced by unqualified and hand picked department members. Lying to these people is the very stuff of acceptance to the sheriff. I call in the state police or the Feds to investigate this den of snakes. So all of you need to do as I'm going to do, I'm calling the state police, FBI, and my local congressman. Flint and Genesee County deserve better than this corruption.
Artful Dodger
Jul 21, 2016
Would love to share the actual transcript with you. There is no incentive for minorities inside the sheriffs department. Women are treated like Kleenex and non whites are not encouraged to advanced. Instead the sheriff panders to a few pastors who prop him up. He works on the principle of divide and conquer. Hopefully people vote for a change.
Blue407
Jul 22, 2016
My comment about his testimony in circuit court where he admits to referring to Blacks using a derogatory term was deleted. Anyone who works in Genesee County law enforcement is well aware of Bob's real feelings towards Minorities. Those feelings are shared by his underlings. |
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Tue Sep 06, 2016 6:47 am |
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untanglingwebs
El Supremo
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Prosecutor wants inmate assault case reinstated against jail deputy
Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
Follow on Twitter
on August 24, 2016 at 4:43 PM, updated August 24, 2016 at 4:44 PM
gerald parks.pngGerald Parks Jr.Courtesy
FLINT, MI – Prosecutors are once again appealing the dismissal of criminal charges against a former Genesee County Jail deputy accused of assaulting an inmate.
Genesee County Prosecutor David Leyton's office is asking Genesee Circuit Judge Joseph J. Farah to reinstate the case against former Sgt. Gerald Parks Jr. Parks was charged with misconduct in office, misuse of a dangerous weapon and assault and battery after he was accused of attacking an inmate inside the county jail in 2012.
Leyton's office decided to appeal the case after Genesee District Judge M. Cathy Dowd dismissed the case against Parks in July for a lack of probable cause.
"We felt there's probable cause that the crimes charged were committed," Leyton said.
Assault charges dismissed against jail deputy for second time
Assault charges dismissed against jail deputy for second time
A judge has dismissed charges against a former Genesee County Jail deputy for the second time in nearly a year after he was accused of assaulting an inmate.
Parks' attorney, Jay Clothier, could not be reached for comment and has not yet field a response to the appeal. Parks has maintained his innocence throughout the case.
Leyton's office charged Parks in October 2014 after officials with the Genesee County Sheriff's Office claimed they uncovered surveillance video of the incident.
However, Parks' attorneys have claimed the case is retaliation for a lawsuit the former sergeant filed against the sheriff's office.
A former inmate at the jail testified he was in a safety cell when he began knocking on the window to get the attention of the deputies. Three deputies, including Parks, approached the inmate who had retreated back to a concrete bench in the room.
The inmate claimed he attempted to hand the deputies his paperwork, but prosecutors say Parks crumpled up the paper and threw it the toilet.
As the inmate sat on the bench with his hands up, the video showed Parks shoot two bursts of pepper spray into the victim's face, according to prosecutors.
After decontaminating the inmate, prosecutors claim multiple deputies could be seen on the video trying to put the struggling inmate into a restraint chair. Prosecutors argue Parks could then be seen making a punching motion directed toward the inmate's midsection as he sat in the chair.
The inmate testified he was sprayed and punched, but he was unable to identify the deputy responsible.
Undersheriff Christopher Swanson was called to testify during a June preliminary exam and stated that Parks' actions were impermissible based on the jail's use of force policy.
Despite the video and testimony, Dowd dismissed the charges.
Leyton's office claims Dowd abused her discretion by relying on a standard of proof higher than probable cause, which is all that is necessary to bind the case over to circuit court for trial.
Attorney claims charges against Genesee County sheriff's deputy are retaliation for lawsuit
Attorney claims charges against Genesee County sheriff's deputy are retaliation for lawsuit
An attorney for a Genesee County sheriff's deputy facing an assault charge said he believes the accusation is retaliation for a lawsuit the deputy filed against the sheriff's department.
"Despite (the inmate's) testimony that he had been punched by a deputy that he could not identify and (Undersheriff) Swanson's testimony identifying the defendant drawing his hand back in a punching manner, coupled with testimony that this was an unjustified use of force, the Court still declined to acknowledge that there was probable cause that any assault took place," Leyton's office argued in its appeal.
"Instead, the Court reasoned that because it could not been seen where the Defendant's hand was landing on the video – if it was striking the chair, the victim, or something else – it had not been shown to a probable cause standard that the Defendant had assaulted the victim under circumstances that did not justify assault."
Prosecutors also argued that Dowd relied on hypothetical situations that may have justified Parks' use of the spray.
"No facts were admitted, however, to bring justification out of the realm of the merely hypothetical," Leyton's office argued in the appeal.
This isn't the first time Leyton's office has challenged an attempt from Dowd to dismiss the case.
Dowd previously dismissed the charges against Parks in June 2015 after the man Parks was accused of assaulting in the jail was unable to identify him as the deputy who attacked him. The incident was caught on jail surveillance cameras, but Dowd refused to allow a second sheriff's deputy to identify Parks on the video.
The judge claimed it was inappropriate to allow a third-party identification based on the video since the alleged victim was able to testify. She dismissed the case before prosecutors finished presenting witness testimony.
Prosecutors appealed Dowd's decision to Farah, arguing they should have been allowed to introduce a DVD copy of the surveillance video and let the second deputy use it to identify Parks as the perpetrator of the alleged assault.
Farah ruled Dowd abused her discretion by failing to admit the surveillance video as evidence and stated she misinterpreted legal precedent when she did not allow the second deputy to identify Parks in the video.
He ordered Parks' preliminary exam to continue.
Prosecutors are again asking Farah to overturn Dowd and order the case be bound over to circuit court for trial.
The case against Parks has been contentious, with Clothier referring to it as a "witch hunt," and Parks' civil attorney calling it retaliation for a lawsuit Parks filed against the sheriff's office.
Parks filed a federal lawsuit against the sheriff's office in November 2013 on claims he was retaliated against, and eventually forced to retire after more than 30 years of service, for testimony he gave during an April 2012 union collective bargaining-related arbitration hearing. His testimony was critical of sheriff's office administration.
The lawsuit is pending in Detroit U.S. District Court.
Parks also recently testified in a civil lawsuit against the sheriff brought by former colleague Sgt. Joseph Boulton.
A jury awarded Boulton $139,000 July 19 for his whistleblowing claims following a roughly two-week trial.
Boulton filed the lawsuit in 2012 after he claimed he was demoted, stripped of his police certification and suspended following testimony he gave in an arbitration hearing that was unfavorable toward Pickell and his staff.
However, Pickell claimed the jury's verdict, which he said was much less than the millions Boulton's attorney was seeking in the case, justified his department's actions.
The sheriff and Clothier also tangled during Parks' initial preliminary exam when Pickell accused Clothier of an "attack on women" because of a slogan printed on a T-shirt roughly six years ago advertising the attorney's law firm.
Pickell made the accusations against Clothier on May 12, 2015, during a press conference at the downtown Flint YWCA.
The press conference included an image of a shirt promoting Clothier's law firm, which contained the slogan "You say domestic violence I say spousal discipline."
The shirt was created roughly six years before the press conference, but it was never printed for widespread distribution, Clothier said at the time.
doinit4me
Relying on Swanson, or Pickell for that matter, to provide anything but self serving, half truthful testimony in an attempt to convict a man who has given 30 exemplary years of his life to public service and had the courage to stand up to the administration in a union related proceeding is like believing Bill Clinton when he said "I did not have sexual relations with that woman" or OJ when he said he didn't kill Nicole and Ron. The fact that this case is still being pursued proves the high level of vindictiveness and political corruption present in the GCSD.
How is that coney dog caper going?
Blue407
This wasn't a murder. Inmates and arrestees get pepper sprayed and punched on a regular basis in Genesee County. Guess what? None of them gets charged. This is pure Pickell retaliation.
Blue407
You left out the part about Undersheriff and Pickell "Goldenboy" Swanson giving alleged untruthful testimony while being cross examined by Clothier. |
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Tue Sep 06, 2016 6:57 am |
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untanglingwebs
El Supremo
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http://flinttalk.com/viewtopic.php?p=74873
Topic: Is Sheriff Pickell Covering up a Drunk Deputy's shooting?
Author Steve Myers
http://ireport.cnn.com/docs/DOC-1154143
This video is about Sheriff Robert J. Pickell and Undersheriff Chris Swanson covering up shooting and drug deal gone bad by a drunken off-duty deputy of the Genesee County Sheriff Department. It's be 26 days and there have been no arrests or charges against the Deputy, only 30 days of "Vacation."
The victim Garry Butts of Northern Oakland county stated, "This could have ended in a death I stood 10 feet behind my car wondering why there was yelling at 4am in the road in front of my moms house as shots were fired toward me and there has been no contact between me and the sheriff to answer why this happened my car is wrecked and now I sit wondering."
The Sheriff and Undersheriff are involved in a number of lawsuits and similar situtions with employees. While asking questions of the Undersheriff the general answer is, "you'll have to FOIA the documents or it's under investigation," the problem is that Genesee County does not always honor Freedom of Information Requests (FOIA), leaving many news groups and individuals in limbo and forcing others to file law suits to produce public records.
_________________
Steve Myers
Post Sat Jul 19, 2014 10:49 pm
F L I N T O I D
I am told this case is in the Prosecutor's office. The ball is in Leyton's court!
Post Mon Jul 21, 2014 12:13 pm
Steve Myers
Site Admin
I think you have some bad information?
_________________
Steve Myers
Post Thu Jul 24, 2014 6:44 am
e
untanglingwebs
F L I N T O I D
Drunk Off-Duty Deputy shoots up car and trailer park and still has his job.
Deputy shoots up vehicle and trailer park while off-duty, alcohol and drugs involved in Fenton Township shooting.
According to Undersheriff Chris Swanson, "You (Nick Singelis) are putting out false information, it's still under investigation and you can not get a report(police report). (My video camera was still rolling) I was looking for information regarding a shooting on East View Drive, if Lake Ponemah Trailer Park in Fenton Twp., MI. (6/23/14) The shooting was done by an off-duty deputy, Matt Sandlin, who was under the influence of drugs and alcohol. No arrests were made and the report is internal. Genesee County Sheriff's Department is doing the investigation.
According to Chris Swanson, it won't go to the Prosecutor David Leyton.
Multiple Freedom of Information Requests have been filed and a compliant was filed with the Flint FBI Office on July 2, 2014.
Post Thu Jul 24, 2014 3:59 pm
untanglingwebs
F L I N T O I D
This is Nick's version. He posted you were at his home.
Post Thu Jul 24, 2014 4:00 pm
untanglingwebs
F L I N T O I D
I checked again and the case is in the Prosecutor's office.
Post Fri Jul 25, 2014 6:27 am
untanglingwebs
F L I N T O I D
Mike Killbreath on WFNT 1470 AM bashed Singelis and Flint Talk for failing to find out that case is at the Prosecutor's office. Pickell has fired over 60 deputies and that probably has created some discord amongst their friends in the department.
Post Tue Jul 29, 2014 7:59 am
untanglingwebs
F L I N T O I D
Still no response on this case. There is no record in the 67th District Court that any case has been filed.
Post Thu Sep 04, 2014 4:06 pm
F L I N T O I D
Steve was obviously right and I was wrong.
Post Thu Jun 23, 2016 7:04 pm |
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Tue Sep 06, 2016 7:00 am |
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untanglingwebs
El Supremo
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I asked Pickell on two separate occasions what was happening with this case. Both times he said "Prosecutor has the case". I guess my trust was definitely misplaced.
I s this like the cases that Leyton sent to the Lapeer Prosecutor, now Judge, who was brought up on embezzlement charges. Friends helping friends with embarassing cases? |
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Tue Sep 06, 2016 7:09 am |
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untanglingwebs
El Supremo
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Wed Sep 07, 2016 2:38 pm |
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untanglingwebs
El Supremo
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Muhammad v. Skinner - Casetext
https://casetext.com/case/muhammad-v-skinner
Jun 24, 2016 - On June 10, 2014, Plaintiff Jabril Muhammad filed this civil rights action against ten Genesee County Sheriff Deputies: Leon Skinner, Mark ... |
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Wed Sep 07, 2016 2:39 pm |
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