Press Releases
1997 - 2007 Press Release Archives Key Cases Calendar
Another Recent Parolee Charged in B&E, Rifle theft
Eaton County Prosecuting Attorney Jeffrey L. Sauter announced today that his office authorized a 5-count felony complaint on January 12, 2010 against a Bellevue parolee regarding breaking and enterings on January 02, 2010 that resulted in the theft of a rifle, tools and other personal property from garages and a vehicle in Carmel Township.
RitcheyCHRISTOPHER TODD RITCHEY, 25, of Bellevue, MI was charged with two counts of Breaking & Entering of a Building (up to 10 years), Receiving / Concealing a Stolen Firearm (up to 10 years), Felon in Possession of a Firearm (up to 5 years), and Larceny From a Motor Vehicle (up to 5 years).
Ritchey had been paroled from prison three months earlier, on September 29, 2009. He was paroled close to his “earliest release date” from a 2006 B&E Building conviction in Calhoun County, where he was sentenced to 3 to 10 years in prison. Ritchey had an earlier B&E Building conviction from 2005, where he was sentenced to 1½ to 10 years in prison. In that case, a charge of Receiving / Concealing a Stolen Firearm was dismissed in a plea bargain.
While investigating the Carmel Township burglary where a rifle was stolen, Michigan State Police Department located Ritchey in Charlotte, Michigan with the assistance of the Charlotte Police Department. He had been in a vehicle with a shotgun and revolver next to his seat. MSP’s further investigation led to the recovery of 15 firearms (mostly longs guns, some with no serial numbers) in Calhoun County, purportedly stolen, that had been recently sold or traded by Ritchey and then quickly traded or sold to others. According to MSP reports, charge requests will be filed with the Calhoun County Prosecuting Attorney.
Sr. Assistant Prosecuting Attorney Neil O’Brien said, "This is another example of the ongoing impact that the Parole Board’s decisions have on our public safety. The Board assured the public in late September 2009 that Christopher Ritchey – who may have been seen as a ‘non-violent’ or ‘property crime’ felon – was no longer a menace to society, and was ready to return to our community. Three months later, it appears that he stole a rifle and other personal property, and traded this gun and possibly many other stolen guns in our neighboring county. It was only through the determined investigation of our State Police that some have been recovered. But we remain concerned about the rest of the guns."
Sauter thanked the Michigan State Police Department, particularly Tprs. Byrd and Parsons, for its investigation, and the Charlotte Police Department and Eaton County Sheriff’s Department for their assistance.
January 13, 2010:Recent Parolee Charged in Home Invasion, Theft of Guns Eaton County Prosecuting Attorney Jeffrey L. Sauter announced today that his office authorized a 4-count felony complaint against a Lansing parolee regarding breaking and enterings in December 2009 that resulted in the theft of two semi-automatic handguns and other items.
JAMES ROBERT WICKS, 42, of Lansing, MI has been charged with Home Invasion Second Degree (felony – up to 15 years), Larceny of Firearms (felony – up to 5 years), Felon in Possession of a Firearm (felony – up to 5 years), and Breaking & Entering of a Building (felony – up to 10 years) arising from burglaries on 12/07/2009 on Jolly Road and Williams Road in Eaton County.
According to the police investigation, the handguns and other items were traded for crack cocaine in Lansing. The guns have not been recovered.
Wicks had been released on parole in June 2009 within days of serving his minimum term of a 2-10 year sentence for Felon in Possession of a Firearm from Mason County (Ludington), Michigan. Wicks’ MDOC prisoner number is 412459. Wicks will be writted from prison to Eaton County for arraignment in the coming week.
Eaton County Sr. Assistant Prosecuting Attorney Neil O’Brien said, "This is another example of the direct and ongoing impact that the Parole Board’s decisions have on our public safety. The Parole Board assured the public in June that James Wicks – already convicted on breaking and entering and having a known drug problem -- was no longer a menace to society. Six months later, it appears that he kicked in the front door of a house, stole guns, and traded them for crack cocaine. Now the guns are on the street and may be used to spread more crime through our community. The cost that we all pay for the Parole Board’s decisions is immeasurable."
O’Brien thanked the Michigan State Police Department, for its investigation, particularly Tpr. Jeremy Brewer.
September 14, 2009:Shooting of Off-Duty LPD Officer Remains Under Investigation Eaton County Prosecuting Attorney Jeffrey L. Sauter announced today that this office will delay any charging decision in the Saturday morning shooting of an off-duty Lansing Police Department officer by his wife.
Sauter said, "ECSD officers had probable cause to arrest her that morning, but the victim refused to make a statement to ECSD investigators. There is evidence that she was physically assaulted before the shoting. Consequently, I decided to release her from custody and review the facts after the investigation in complete."
Herp Sentenced in Potterville Assault / Unlawful Imprisonment
Eaton County Prosecuting Attorney Jeffrey L. Sauter announced today that, earlier today, Circuit Court Judge Thomas S. Eveland sentenced DARRIN JAY HERP II, age 28, of Eaton Rapids, on four felony convictions:
Herp
- Unlawful Imprisonment (45-180 months prison);
- Assault With A Dangerous Weapon (14-48 months prison);
- Felony Firearm (24 months prison); and
- Resisting/Obstructing Police (14-24 months prison).
Herp's Unlawful Imprisonment and Assault With a Dangerous Weapon convictions will be served after his Felony Firearm term ends.
Herp's convictions occurred in the City of Potterville and Benton Township on February 25, 2008. Herp hid in his ex-girlfriend's back seat, armed with a gun, and assaulted her when she returned. A passer-by came to her aid, and Herp fled the scene. A manhunt ensued, during which local schools were locked down.
The case was handled by Chief Assistant Prosecuting Attorney Michael Eagen. Commenting on the case, Mr. Eagen said:
"This case could easily have ended with very tragic results. In the early morning, Mr. Herp hid in the back of his ex-girlfriend's car with a gun. When she returned to the car from the store, he confronted her and a struggle began. Timothy Bates was a customer leaving the same store. Mr. Bates intervened in the struggle to rescue the victim. Some would call him a 'good Samaritan', but I believe he was a hero."Mr. Eagen thanked the Potterville Police Department, the Eaton County Sheriff Department, the Michigan State Police, the Charlotte Police Department, and the Michigan State Police Laboratory.
Mr. Herp was convicted by a jury on September 25, 2008, and is represented by attorney Thomas Hirsbrunner of Lansing.
Two Charlotte Teenagers Charged in a Series of
Breakings and Enterings
Eaton County Prosecuting Attorney Jeffrey L. Sauter announced earlier today that his office authorized 12-count complaints against two Charlotte teenagers regarding a series of breaking-and-enterings in August and September 2008.
David Robert Reed, 17, of Charlotte, MI, and Benjamin Loy Straub, 17, of Charlotte, Michigan, have been charged with:
- 7 counts: Break and Enter a Building With Intent to Commit a Larceny (Felony: up to 10 years)
- Conspiracy to Break and Enter a Building With Intent With Intent to Commit a Felony (Felony: up to 10 years and $10,000 fine)
- Larceny $1,000 or more / Less than $20,000 (Felony: up to 5 years and/or $10,000 fine)
- False Report of a Felony (Felony: up to 4 years and/or $2,000)
- Malicious Destruction of Personal Property $200.00 or More But Less Than $1,000 (Misdemeanor: up to 1 year and/or $2,000)
Benjamin Straub was charged with an additional count: Entry Without Permission (Misdemeanor: up to 90 days and/or $500). If convicted of several counts, the defendants' sentences will likely be served concurrently.
Both defendants were arraigned this afternoon in the Eaton County District Court and have been released on bond. Pre-Examination Conferences are scheduled for Friday, 10/10/2008 at 9:30 am (Reed) and Monday, 10/13/2008 at 1:00 pm (Straub). Preliminary Examinations are scheduled for Thursday, 10/16/2008 at 10:00 am.
The felony Breakings and Enterings occurred between 09/15/2008 and 09/21/2008 at a business on Lansing Road where office equipment was stolen on two separate dates, and several buildings at the Eaton County Fairgrounds, Bennett Park and the Charlotte Junior Orioles Athletic Booster buildings (equipment sheds and a concession stand).
The Charlotte Police Department investigated of the crimes, and was led by Det. Bob King. David Reed is represented by attorney David L. Zoglio, of Lansing. Benjamin Straub is represented by attorney William R. Weise, of Charlotte.
Court of Appeals Affirms Ex-ECSD Sgt. Jeffrey Lutz's Convictions Eaton County Prosecuting Attorney Jeffrey L. Sauter announced earlier today that, in an opinion dated July 22, 2008, the Michigan Court of Appeals unanimously affirmed the convictions and sentences of former Eaton County Sheriff's Sgt. Jeffery Shannon Lutz, who shot himself and blamed the shooting on a fictitious African-American suspect. The shooting occurred while Lutz was on duty, in March of 2006. Lutz resigned from the Sheriff's Department in October of 2006.
Lutz
In March 2007, a jury convicted Lutz of making a false report of a felony, discharging a firearm at an emergency vehicle, reckless use of a firearm, and making a false report to a police radio station. Eaton County Circuit Judge Thomas S. Eveland sentenced Lutz to five years' probation with 60 days in jail, community service, and restitution.
On appeal, Lutz claimed that the trial prosecutor committed misconduct, and the trial judge erred by denying the defendant's motion for a mistrial. Lutz argued that Prosecutor Sauter committed misconduct in his opening statement by referring to "suicide messages" left by the defendant as voice mails on his estranged wife's cell phone. Lutz also argued that Judge Eveland, abused his discretion by denying Lutz's motion for a mistrial based on this alleged prosecutorial misconduct.
The Court of Appeals panel of Judges Henry William Saad, Karen M. Fort Hood and Stephen L. Borrello found that the good-faith effort by the prosecutor to admit evidence did not constitute misconduct despite later defense objections based on the spousal privilege and hearsay rule.
After Mr. Sauter's opening statement, Judge Eveland excluded the evidence, but the Court of Appeals found that "the trial court was overly generous to defendant by excluding evidence based merely on a determination that its probative value was outweighed by its prejudicial effect rather than based on a determination that its probative value was substantially outweighed by the danger of unfair prejudice." The prosecutor could not have known that the trial court would exercise its discretion in this manner, the Court of Appeals wrote, "because it is reasonable to believe that evidence of defendant's expressions of a suicidal intent shortly after being confronted with the police having recovered potentially incriminating evidence was substantially probative as evidence of consciousness of guilt."
The incriminating evidence consisted of a .25-caliber handgun loaned to Lutz by a fellow deputy. The borrowed handgun matched shell casings found at the crime scene. Those shell casings did not match Lutz's service weapon, a .40-caliber handgun, which was fired five times. A witness living near the crime scene heard only five shots that night. The prosecution theorized that Lutz planted the shell casings as evidence of a second handgun - allegedly used by his fictitious assailant - at the crime scene.
The Court of Appeals concluded that the prosecutor referred to the proposed evidence in his opening statement based on a good-faith belief that it was properly admissible. Finally, there was no constitutional violation of the Confrontation Clause because, viewed objectively, the circumstances indicate that the defendant's estranged wife primarily made statements to a detective to obtain police assistance regarding an ongoing emergency, to prevent Lutz from committing suicide.
Sr. Assistant Prosecuting Attorney William M. Worden filed the People's appellate brief. Susan M. Meinberg, of the State Appellate Defender's office, represented Lutz on his appeal.
Dunham Sentenced to 34-60 Yrs for
2nd Degree Murder in Double-Fatal Crash
DunhamEaton County Prosecuting Attorney Jeffrey L. Sauter announced that, earlier today, Circuit Court Judge Thomas S. Eveland sentence Russell Percy Dunham, Jr., 31, of Lansing, to 34-60 years in prison on each of two counts of Second Degree Murder from a two-vehicle crash on May 24, 2007 in Eaton Rapids Township. These sentences will run concurrently. Dunham was convicted by a Circuit Court jury on April 02, 2008, concluding a three-day trial in which 24 witnesses testified.
Dunham was driving westbound on Columbia Highway, approaching Canal Road, when he ran a stop sign in excess of 80 miles per hour and crashed into a vehicle operated by Pennie Sue Sharp, 48, of Eaton Rapids. Ms. Sharp died instantly as a result of injuries sustained in the crash. The impact also killed Carolyn J. Merrill, 22, also of Eaton Rapids, a passenger in the Dunham vehicle. "Alcohol tests showed his blood-alcohol level was 0.17%, over twice the legal limit to be driving," Sauter said.
Dunham was remanded to the Eaton County jail until his scheduled sentencing before Eaton County Circuit Court Judge Thomas S. Eveland on Friday, May 02, 2008 at 9:00 am. Mr. Dunham is represented by Attorney Timothy Havis of Lansing. Second Degree Murder has a statutory maximum penalty of Life or any term of years.
The case was handled by Senior Assistant Prosecutor Neil O'Brien and Assistant Prosecutor Brent Morton. Commenting on the case, Mr. O'Brien said:
"Our hearts go out to the families and friends of Pennie Sharp and Carolyn Merrill. Their deaths were senseless and even though justice has been done, we recognize that the pain of this tragedy continues for those closest to the victims. Many relatives and friends spoke to the court at sentencing, or wrote heartfelt letters about these delightful ladies who loved life, and the people in their lives. Our thoughts are also with the ordinary citizens who stopped to render whatever aid and, ultimately, comfort they could to the victims. The jury's verdict - choosing Second Degree Murder over less-serious crimes like OWI Causing Death or Involuntary Manslaughter - reflected the essence of this case. This was a fatal reckless, high-speed crash case, not 'just' a fatal drunk driving case."Mr. O'Brien also thanked investigators and officers from the Eaton County Sheriff Department for their assistance, particularly Sgt. Rod Sadler, Detective Jeff McNeil and Detective Tim Fandel. Sgt. Sadler, the case's crash reconstruction expert, testified that the damage inflicted on Mrs. Sharp's heavy duty truck was among the most devastating he has seen in his career, and reflected the recklessness of Dunham's speed.
People v Dunham was the first Eaton County case in which murder charges were filed in a motor vehicle death case where alcohol was a significant factor. Previously, a less serious charge like OWI Causing Death would have been filed. However, since 1998, Michigan appellate courts have approved Second Degree Murder charges involving factors like high blood-alcohol levels, high speeds, reckless driving, disobeying traffic control devices, driving when the defendant knew he was too drunk to drive, etc. This conduct, in total, can prove the 'malice' element of murder ("knowingly creating a very high risk of death or great bodily harm knowing that death or such harm would be the likely result")."
Second Degree Murder has a statutory maximum penalty of Life or any term of years. The felony sentencing guidelines established the possible minimum sentence of 26¼ years in prison. Mr. O'Brien argued that the judge should impose a minimum sentence of 40 years.
Mr. Dunham is represented by attorney Timothy Hilton Havis of Lansing.
April 03, 2008:Jury Verdict in Dunham Double-Fatal Crash: Second Degree Murder Eaton County Prosecuting Attorney Jeffrey L. Sauter announced today that an Eaton County Circuit Court jury convicted Russell Percy Dunham, Jr., 31, of Lansing, of two counts of Second Degree Murder from a two-vehicle crash on May 24, 2007 in Eaton Rapids Township. The verdict, announced at 8:30 pm on April 02, 2008, concluded a three-day trial in which 24 witnesses testified. The jury deliberated for four hours.
Dunham
Dunham was driving westbound on Columbia Highway, approaching Canal Road, when he ran a stop sign in excess of 80 miles per hour and crashed into a vehicle operated by Pennie Sue Sharp, 48, of Eaton Rapids. Ms. Sharp died instantly as a result of injuries sustained in the crash. The impact also killed Carolyn J. Merrill, 22, also of Eaton Rapids, a passenger in the Dunham vehicle. "Alcohol tests showed his blood-alcohol level was 0.17%, over twice the legal limit to be driving," Sauter said.
Dunham was remanded to the Eaton County jail until his scheduled sentencing before Eaton County Circuit Court Judge Thomas S. Eveland on Friday, May 02, 2008 at 9:00 am. Mr. Dunham is represented by Attorney Timothy Havis of Lansing. Second Degree Murder has a statutory maximum penalty of Life or any term of years.
The case was handled by Senior Assistant Prosecutor Neil O'Brien and Assistant Prosecutor Brent Morton. Commenting on the case, Mr. O'Brien said: "Our hearts go out to the families and friends of Pennie Sharp and Carolyn Merrill. Their deaths were senseless and even though justice has been done, we recognize that the pain of this tragedy continues for those closest to the victims. Our thoughts are also with the ordinary citizens who stopped to render whatever aid and, ultimately, comfort they could to the victims. Finally, our thanks go out to the jury. Their verdict - choosing Second Degree Murder over OWI Causing Death or Involuntary Manslaughter - reflected the essence of this case. It was a fatal reckless, high-speed crash case, not 'just' a fatal drunk driving case. Their task was difficult, but they did their job well."
People v Dunham was the first Eaton County case in which murder charges were filed in a motor vehicle death case where alcohol was a significant factor. Previously, a less serious charge like OWI Causing Death would have been filed. However, since 1998, Michigan appellate courts have affirmed Second Degree Murder convictions involving factors like high blood-alcohol levels, high speeds, reckless driving, disobeying traffic control devices, driving when the defendant knew he was too drunk to drive, etc. This conduct, in total, proves the 'malice' element of murder -- "knowingly creating a very high risk of death or great bodily harm knowing that death or such harm would be the likely result."
Mr. O'Brien also thanked investigators and officers from the Eaton County Sheriff Department for their assistance, particularly Sgt. Rod Sadler, Detective Jeff McNeil and Detective Tim Fandel. Sgt. Sadler, the case's crash reconstruction expert, testified that the damage inflicted on Mrs. Sharp's heavy duty truck was among the most devastating he has seen in his career, and reflected the recklessness of Dunham's speed.
February 26, 2008:Charges Issued in Potterville Assault
HerpEaton County Prosecuting Attorney Jeffrey L. Sauter announced today that he authorized charges in an assault incident from 02/25/2008 in Potterville that resulted in a lock-down of Potterville schools.
Darrin Jay Herp, II, 28, of Eaton Rapids, has been charged with Unlawful Imprisonment (Felony: up to 15 years and/or $20,000 fine), Assault With A Dangerous Weapon (Felony: up to 4 Years and/or $2,000 fine), Felony Firearm (Felony: 2 Years consecutive and preceding other incarcerations) and Resisting/Obstructing Police (Felony: up to 2 years and/or $2,000 fine).
Mr. Herp was arraigned today in the Eaton County District Court before the Hon. Julie Reincke. Bond was set at $500,000 cash/surety with conditions that he not consume alcohol, that he be released from jail only with a GPS tether, and possess no or use firearms, that he have no contact with the victim or members of her household, and that he remain at least a mile from the victim's residence and place of employment.
Attorney George M. Betts, of Lansing, was appointed to represent Mr. Herp.
Future District Court court hearings include a Pre-Exam Conference on Monday, 03/03/2008 at 1:00 pm, and a Preliminary Examination on Thursday, 03/06/2008 at 10:00 am before the Hon. Julie Reincke.
February 25, 2008:Prosecutors' Association Recognizes Sr. APA for Years of Service
Eaton County Sr. Assistant Prosecuting Attorney William Worden was recognized by the Michigan Prosecuting Attorneys Association and its President, Charles Koop, for his twenty years of service as a prosecutor. The award was presented in conjunction with PAAM's Mid-Winter Conference at the Grand Traverse Resort in Acme, MI on 02/07/2008.
Bill has been an Eaton County Assistant Prosecuting Attorney since 1988, and has been a Sr. Assistant Prosecuting Attorney since 1989. He previously worked in Lapeer, MI in the private practice of law (1986-1987), and as a Circuit Court law clerk (1982-1985). Bill is an Appellate Specialist.
January 26, 2008:Ingham-Clinton-Eaton Prosecuting Attorneys Agree to Regionalize Welfare Fraud Enforcement
Stuart Dunnings, III, Ingham County Prosecuting Attorney, will announce an agreement to expand regional cooperation to the enforcement of welfare fraud cases through the Eaton County Economic Crimes Unit, on Monday, January 28, 2008 @ 10:00 am at the Lansing Mall.
The Economic Crimes Unit was begun by Jeff Sauter, Eaton County Prosecuting Attorney, in 2003 with Byrne grant funding. The unit was designed on a business model, and is self-funded through payments made by offenders who are offered an opportunity for diversion from criminal prosecution.
Doug Lloyd, Sr. Assistant APA and supervisor of the Economic Crimes Unit, developed the Welfare Fraud program in conjunction with the Inspector General's Office of the Michigan Department of Human Services. Since July 2006, that program has netted over $126,000 in restitution to the State from Eaton County cases alone.
This announcement will represent an expansion of cooperation between the Ingham and Eaton offices. Dunnings cross-appointed Mr. Lloyd as a special assistant prosecutor for social security fraud cases in April 2007. That program has resulted in combined restitution to federal authorities in excess of $33,000.
"I have been very pleased with the success of the social security fraud cases and am aware of the ECU's success with wefare fraud case. I believe it is time to expand our regional cooperation and have the ECU screen our welfare fraud cases for potential diversion from formal prosecution," Dunnings said. "And, I'm also pleased to announce that Clinton County Prosecuting Attorney Charles Sherman has agreed to incude Clinton County's welfare fraud cases."
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