Detroit Mayor Shoved Me, Detective Says

[Big Sexy]

Detroit Mayor Shoved Me, Detective Says


DETROIT (July 26) - A detective working a criminal case against Mayor Kwame Kilpatrick said coincidence led him to a house to try to deliver a subpoena.

Brian White wasn't prepared for what he said followed: a physical confrontation with the beefy mayor that involved a profanity-laced tirade by Kilpatrick and a possible hip fracture for the investigator. Brian White, a detective with the Wayne County, Mich., sheriff, testifies on Friday that Detroit Mayor Kwame Kilpatrick pushed him into another investigator the day before, possibly breaking his hip. White said the mayor also hurled profanities like "Get the (F-word) out of here" during the confrontation.

After hearing the allegations Friday, a judge said Kilpatrick's behavior was "totally irrational." He changed the terms of the mayor's bond in the criminal case, ordering him to immediately post $7,500 and undergo random drug tests. There is no suggestion that drugs played a role in Kilpatrick's behavior. "I don't know what was going on in defendant Kilpatrick's life that he exploded, for want of a better term," Judge Ronald Giles said. "This is ridiculous."

The 38-year-old mayor and his former top aide, Christine Beatty, are charged with perjury, misconduct and obstruction of justice, all tied to their testimony in a civil trial last year. During the trial, they denied having a romantic relationship, but those claims are contradicted by text messages.
Kilpatrick declined comment as he walked out of court Friday. A bail bondsman assisted him in paying the $7,500, which represents 10 percent of his previous bond. The mayor hadn't been required to post any cash before the incident.

James Thomas, one of Kilpatrick's lawyers, said there was no pushing or shoving by the mayor. Another Kilpatrick attorney, Jim Parkman, argued there was a credibility problem because two investigators told different versions of the incident.

White, who works for the Wayne County sheriff's department, is a lead investigator in Kilpatrick's perjury case. He testified at a hearing Friday that he and a colleague were delivering subpoenas for future court hearings a day earlier when he spotted a parked pickup truck with "Ferguson Construction" on the door. White believed it belonged to Bobby Ferguson, a Kilpatrick ally and possible witness who was to be subpoenaed. White noticed the mayor's police bodyguards outside the house, which belongs to Kilpatrick's sister. He said he flashed his badge, got their OK to proceed and rang the doorbell. White was told Ferguson wasn't there. Then the detective said he heard a loud voice inside the house. "Don't tell those (expletive) anything," White quoted the mayor as saying. "I hear, `Get the (F-word) out of here.'" Kilpatrick, a former college football lineman, "comes storming through the door ... grabs me and throws me into investigator Kinney," White said, referring to fellow investigator JoAnne Kinney. "He continues to yell, `Get the (F-word) out of here, leave my family alone!' We composed ourselves and left the porch," White testified. He said he had X-rays taken at a hospital and might have suffered a slight hip fracture.

Kinney, who is black, testified that the mayor criticized her for working with White, who is white. "You should be ashamed of yourself," she quoted Kilpatrick as saying. "Why are you a part of this?" Kinney said she had never met the mayor. "We were just trying to find Bobby Ferguson," she testified. "I couldn't believe this was happening. ... He was irate, very mad, upset."
Michigan State Police are investigating the suspected assault for possible charges. After the hearing, Thomas disputed that Kilpatrick used the F-word, but he declined to discuss it further. "We don't have to talk about the facts unless there's a charge," he said.

Under Kilpatrick's new bond conditions, personal travel outside Michigan is no longer permitted, nor can he travel on business outside the state without the court's approval. He can go on trips already approved by the court.
Earlier Friday, the judge postponed a ruling on whether to publicly release more of the text messages that led to the criminal charges against Kilpatrick and Beatty. The next hearing was set for Aug. 7.

[Bob Loblaw]

so i guess they're not arresting folks for assaulting an officer anymore up in D-town, huh?

[armsmaster270]

dirtbag

[jcsdscott]

so i guess they're not arresting folks for assaulting an officer anymore up in D-town, huh?

Not when it's his honor da mayor. The more I hear about this man the more I am disgusted with his actions.

[pgg]

In my neck of the woods, it wouldn't matter who it was that assaulted or battered the officer. They would still get taken down and hauled to jail and booked. A local mayor at a neighboring city not to long ago tried to throw his weight around. He is now unemployed and sitting in jail for a simple misdemeanor.

[Big Sexy]

LETTER TO THE EDITOR
Sheriff Evans: Arresting Mayor Kilpatrick was not my decision to make
July 28, 2008

In the aftermath of last week's incident in which Detroit Mayor Kwame Kilpatrick was accused of shoving a Wayne County Sheriff's deputy who was trying to serve court papers on a friend of the mayor, Free Press editorial page editor Ron Dzwonkowski talked to several law enforcement veterans about how the situation was handled and concluded that Kilpatrick should have been arrested.
In response to Dzwonkowski's blog post on the issue, Wayne County Sheriff Warren Evans today (Monday) sent this letter of explanation:

I was very disappointed in your column regarding Mayor Kilpatrick's assault on one of my deputies the other day. First of all, your basic premise is completely flawed in that you suggest that somehow I was in the decision-making tree at the time of the incident and therefore responsible for the fact that he was not arrested.

Detective Brian White, who was at the scene, is assigned to the prosecutor's staff full time and receives his assignments from his supervisors in that office, not from me. I was not, nor did I need to be, aware of White's assignment that day and did not learn of the incident until he and his partner had cleared the scene. How, then, can you attempt to hold me responsible for the decision White and his partner made, when they were the ones actually there? The decision tree in police organizations often begins at the bottom and works its way up; not your typical top-down management you find in private industry. That is because situations on the street are often spontaneous, and are not, and cannot be, preplanned.
If White and his partner, Prosecutor's Office Investigator JoAnn Kinney, had made an arrest it would have been supported because it was lawful. That decision was theirs to make. They had a police radio but didn't call for support or for a supervisor. They made the decision that they felt was appropriate under the circumstances and I support it because they were there and I was not.

Likely, under the circumstances, two professional police persons with over 50 years experience between them considered it a dangerous thing to attempt because of the irrational behavior being exhibited by the Mayor and because his armed protection officers very well could have interceded on his behalf. I would hope that good judgment on their part would have prevented such intervention, but again, good judgment seems to be in very short supply in the Mayor's recent behaviors.

Given the charged emotions that surround this investigation, it doesn't take a vivid imagination to see how badly that could have turned out. Would those who wanted to see Kilpatrick leave the scene in handcuffs have wanted that to occur at the expense of the safety and well-being of the officers?
The law enforcement "veterans" you quoted in your piece have lost sight of a cornerstone of training that all officers have drilled into them to keep them from making rash decisions that can lead to greater problems than the one they are currently facing. You must continually evaluate your situation and surroundings. All of the circumstances come into play. This is called the "totality of the circumstances" analysis used by the Courts to determine the reasonableness of the officer's conduct. The officer had to weigh the "knowns" and the "unknowns" in split-second time while the incident is unfolding.

The knowns are that there is one police officer (White) and one civilian (Kinney), two large, loud and agitated men (Mr. Kilpatrick and Mr. Ferguson) and at least two presumably armed police officers from the mayor's protection unit who did nothing to assist the officers who were being assaulted. That fact that they didn't help take the mayor into custody is a clue as to where they would line up if the situation had escalated. The identity of the perpetrator was known and there was no evidence that had to be protected from destruction.

The unknowns included, but were not limited to, the possibility of others in the house that might have gotten involved. Only a fool makes a decision solely on his or her authority to do so. That means they are trained to consider all aspects of a situation and potential outcomes before taking action.
In this case, the evaluation and analysis of the circumstances led the officers to their decision to proceed as they did. There was no pre-ordained script for them to follow. We have no policy, real or imagined, to thwart the arrest of a mayor or anyone else. The officers didn't even know that they would be going to the home where the altercation occurred until White saw the Ferguson truck. They were out attempting to serve subpoenas on others. We don't have an "easy button" to push on this job to immediately gain control of every situation.

Part of our job is de-escalation when it is determined that the potential harms outweigh the necessity to make an immediate arrest. Based on my 35-years of experience, which certainly qualifies me as a "veteran," White and Kinney had the discretion to de-escalate the situation if they deemed it prudent and it appears that was their determination. I choose to support it and not "Monday morning quarterback" a game that I didn't play in.

Whether calling a supervisor to the scene would have resulted in an arrest, as you seem to suggest, is pure speculation. White and Kinney -- experienced people -- didn't call for a supervisor. If they had, it clearly would have been appropriate, regardless of the eventual outcome of that supervisory response. They chose not to call for a supervisor. That was their decision and I stand by them. Cops on the street make independent decisions -- to arrest or not to arrest —multiple times a day. The officer's action in this situation was just one such incident and should be viewed in context.

The ultimate outcome of this case will be no different if the mayor was temporarily taken into custody or not. The facts will all be assembled just the same and he will be charged, or he will not be charged, based on those facts. A determination of guilt or innocence and a sentence by the court doesn't change because of an arrest with a warrant instead of without.

The only thing that is different between these two scenarios is that in one of them, a large number of people, and perhaps you, were not able to gain the satisfaction of seeing the mayor in handcuffs. Because of his abominable behavior, I can understand how people feel that way. However, providing that satisfaction is not reason enough to compel any police officer to escalate an already volatile situation into one that could put him, his partner, and innocent bystanders at significant and unnecessary risk.

Detective White, and, arguably, Investigator Kinney, were assaulted by the mayor of this city for nothing more than doing their job. Even still, I don't fault their decision not to attempt to arrest him in the heat of the moment. It is unfair to call their judgment into question after the fact, just as it is wrong to assign responsibility for their decision to someone who was not there and was unaware of the events as they unfolded. The prudent task going forward is to nail down the case investigation and move forward quickly wherever the evidence takes it.

Warren C. Evans
Wayne County Sheriff

[Five-0]

I'm always to happy to see the command staff stand by the decisions of those that were on the scene at the time. The two mentioned Mayorioal Protection guys are another matter all together. The mayor of Detroit is looking more and more like some two bit hood of a dictator from some third world country.

[Buttercup]

I'm always to happy to see the command staff stand by the decisions of those that were on the scene at the time. The two mentioned Mayorioal Protection guys are another matter all together. The mayor of Detroit is looking more and more like some two bit hood of a dictator from some third world country.

He is a two bit hood. He always has been.

[jcsdscott]

I'm always to happy to see the command staff stand by the decisions of those that were on the scene at the time. The two mentioned Mayorioal Protection guys are another matter all together. The mayor of Detroit is looking more and more like some two bit hood of a dictator from some third world country.

I have to agree. I don't think we can we know exactly what the Mayoral Protection detail would have done, but I don't honestly believe they would sacrifice themselves and help the officers. I am definitely impressed by the Sheriff's decision.

[Bob Loblaw]

Don't get me wrong: it is VERY good to see a supervisor (especially the top-dawg) back his troops, but as for me, I really don't give a shit who it is..if I'm working and someone assaults me, his 2 options are to either A) go to jail or B) go to the hospital before going to jail. Mayor or no mayor - he is NOT the dictator of Detroit. Whether he wants to admit it now or after he's been convicted of the many crimes he's comitted and in his county-issued oranges, he is only another citizen. To think that I nearly worked there makes me really look back on the path of my life and count my blessings.

Also, those 2 armed "police officers" on the mayor's protection squad ought to be ashamed of themselves. If they're OR members and happen to be reading this, you should turn in your shit at the first of the tour tomorrow. You are chickenshit and don't deserve to wear the badge that I bust my ass every day for.

[Growler]

Wow. Does Kilpatrick's actions surprise anyone? Anyone at all?

[jcsdscott]

Don't get me wrong: it is VERY good to see a supervisor (especially the top-dawg) back his troops, but as for me, I really don't give a shit who it is..if I'm working and someone assaults me, his 2 options are to either A) go to jail or B) go to the hospital before going to jail. Mayor or no mayor - he is NOT the dictator of Detroit. Whether he wants to admit it now or after he's been convicted of the many crimes he's comitted and in his county-issued oranges, he is only another citizen. To think that I nearly worked there makes me really look back on the path of my life and count my blessings.

Also, those 2 armed "police officers" on the mayor's protection squad ought to be ashamed of themselves. If they're OR members and happen to be reading this, you should turn in your shit at the first of the tour tomorrow. You are chickenshit and don't deserve to wear the badge that I bust my ass every day for.

Again I agree with you Bob. I think here we see two officers who knew if they started something they were going to be outnumbered and worse, probably outgunned. My guess, and it's just a guess, but the mayor's protectors are probably just as big as he is with no visible neck whatsoever, and they probably got the detail because they would do whatever whenever without asking questions. This time discretion may have been the better part of valor, but I can believe that each of us has it in our souls to take the fight to someone like him even against overwhelming odds. Well, I can say that for those I work with, and those I've met here on O/R.

[Bob Loblaw]

This time discretion may have been the better part of valor

you're probably right...I've only got 3 years on the job, so sometimes I charge full steam ahead when I should be getting my "think" on. But the was that douchepump acts makes me really mad! Errrrrrrrr!!!!!!!!

[MacLean]

Don't get me wrong: it is VERY good to see a supervisor (especially the top-dawg) back his troops, but as for me, I really don't give a shit who it is..if I'm working and someone assaults me, his 2 options are to either A) go to jail or B) go to the hospital before going to jail. Mayor or no mayor - he is NOT the dictator of Detroit. Whether he wants to admit it now or after he's been convicted of the many crimes he's comitted and in his county-issued oranges, he is only another citizen. To think that I nearly worked there makes me really look back on the path of my life and count my blessings.

Also, those 2 armed "police officers" on the mayor's protection squad ought to be ashamed of themselves. If they're OR members and happen to be reading this, you should turn in your shit at the first of the tour tomorrow. You are chickenshit and don't deserve to wear the badge that I bust my ass every day for.

A sheriff's deputy with 25 years on the job, which means he is presumably older.

An assault occurs where the suspect is a very large man protected by two presumably heavily armed and trained police officers on a protective detail.

Discretion is sometimes the better part of valor.

(and holy shit, I did not see jcsdscott's response before posting my own)

Jinx!

[armsmaster270]

Now that we know more of the facts than before the Officers acted with discresion, but that doesn't preclude applying for a warrant

[jcsdscott]

A sheriff's deputy with 25 years on the job, which means he is presumably older.

An assault occurs where the suspect is a very large man protected by two presumably heavily armed and trained police officers on a protective detail.

Discretion is sometimes the better part of valor.

(and holy shit, I did not see jcsdscott's response before posting my own)

Jinx!

If I am thinking the same as Maclean then I must be doing something right.