Post by KC on Jan 9, 2007 23:00:24 GMT -5
CHARLEVOIX — The special prosecutor appointed to handle an assault case involving a now ex-Charlevoix County Sheriff’s deputy and the former deputy’s attorney say a host of factors played into a last-minute plea-agreement that prevented the case from going to trial Monday.
Deputy Brian VanMeter, 42, of Charlevoix had been slated to face a one-day jury trial in 90th District Court Monday on misdemeanor charges of reckless driving and assault and battery. But on Friday VanMeter pleaded responsible to a civil infraction of careless driving in exchange for which the other charges were dropped. He was sentenced to pay $200 in fines and costs.
VanMeter was employed as a deputy with the Charlevoix County Sheriff’s office at the time of the Oct. 5 incident that led to the charges. Although VanMeter was not on duty at the time of the incident, county sheriff George T. Lasater placed VanMeter on unpaid suspension a short time after.
Both attorneys in the case said the deal also included an agreement on VanMeter’s part to resign from his position effective at 5 p.m. Monday and an agreement that he would not sue the sheriff’s office or the county over the ending of his employment. For his part, Lasater agreed to pay VanMeter for the time while he was on suspension and to provide him with a letter confirming his time of employment with the sheriff’s office and the fact that he resigned, the attorney’s said.
The case was prosecuted by Antrim County prosecuting attorney Charles Koop, who was appointed to handle the case by the state attorney general’s office at the request of Charlevoix County prosecuting attorney John Jarema.
Koop said a call from the victim saying he didn’t want to proceed with the case was one factor that played into the plea deal. Another factor, Koop said, was that the agreement “provided certainty that (VanMeter) will not be reinstated (to his deputy position).”
Koop explained that the move to allow for VanMeter to receive his back pay was done to prevent the county from the hassle and expense of arbitration.
“In my experience, if the sheriff had fired him, you’d be looking at three months of arbitration. With the attorney’s fees, it would far exceed the cost of just paying him,” Koop said.
VanMeter’s attorney, Mary Beth Kur, said her client took the plea deal, because he felt it was in his and his children’s best interest, given the risks involved in going to trial.
“From the beginning (VanMeter) has maintained his innocence in all criminal charges,” Kur said. “His acceptance of the plea illustrates that. If anything, this incident amounts to a simple traffic matter.”
“When he balanced all the risks of going to trial against a traffic ticket and a $200 fine and not having to put his kids through the publicity surrounding the trial, the choice was pretty clear,” Kur added.
The charges stem from an incident that took place in and south of Charlevoix early Oct. 5 between VanMeter and his estranged wife’s boyfriend, Brad Sanderson. According to police reports and earlier testimony, VanMeter allegedly confronted Sanderson shortly after he had left the VanMeter home.
Sanderson said VanMeter threatened him and then followed Sanderson as he drove back toward Charlevoix. Sanderson said VanMeter drove aggressively, following very closely at times and eventually forcing him to stop near the intersection of U.S. 31 and M-66. Sanderson said VanMeter got out of his car and, after attempting unsuccessfully to make Sanderson get out of his car — ostensibly intending to fight with him — VanMeter fled the scene.
VanMeter was originally charged with a felony count of assault with a dangerous weapon (the car). But a judge threw that charge out following a preliminary examination in November. The judge found that there was not enough evidence showing that VanMeter had the “specific intent” to use his vehicle to put the alleged victim in fear of immediate harm to warrant sending the matter on the circuit court.
www.petoskeynews.com/articles/2007/01/09/news/local_regional/news2.txt
Deputy Brian VanMeter, 42, of Charlevoix had been slated to face a one-day jury trial in 90th District Court Monday on misdemeanor charges of reckless driving and assault and battery. But on Friday VanMeter pleaded responsible to a civil infraction of careless driving in exchange for which the other charges were dropped. He was sentenced to pay $200 in fines and costs.
VanMeter was employed as a deputy with the Charlevoix County Sheriff’s office at the time of the Oct. 5 incident that led to the charges. Although VanMeter was not on duty at the time of the incident, county sheriff George T. Lasater placed VanMeter on unpaid suspension a short time after.
Both attorneys in the case said the deal also included an agreement on VanMeter’s part to resign from his position effective at 5 p.m. Monday and an agreement that he would not sue the sheriff’s office or the county over the ending of his employment. For his part, Lasater agreed to pay VanMeter for the time while he was on suspension and to provide him with a letter confirming his time of employment with the sheriff’s office and the fact that he resigned, the attorney’s said.
The case was prosecuted by Antrim County prosecuting attorney Charles Koop, who was appointed to handle the case by the state attorney general’s office at the request of Charlevoix County prosecuting attorney John Jarema.
Koop said a call from the victim saying he didn’t want to proceed with the case was one factor that played into the plea deal. Another factor, Koop said, was that the agreement “provided certainty that (VanMeter) will not be reinstated (to his deputy position).”
Koop explained that the move to allow for VanMeter to receive his back pay was done to prevent the county from the hassle and expense of arbitration.
“In my experience, if the sheriff had fired him, you’d be looking at three months of arbitration. With the attorney’s fees, it would far exceed the cost of just paying him,” Koop said.
VanMeter’s attorney, Mary Beth Kur, said her client took the plea deal, because he felt it was in his and his children’s best interest, given the risks involved in going to trial.
“From the beginning (VanMeter) has maintained his innocence in all criminal charges,” Kur said. “His acceptance of the plea illustrates that. If anything, this incident amounts to a simple traffic matter.”
“When he balanced all the risks of going to trial against a traffic ticket and a $200 fine and not having to put his kids through the publicity surrounding the trial, the choice was pretty clear,” Kur added.
The charges stem from an incident that took place in and south of Charlevoix early Oct. 5 between VanMeter and his estranged wife’s boyfriend, Brad Sanderson. According to police reports and earlier testimony, VanMeter allegedly confronted Sanderson shortly after he had left the VanMeter home.
Sanderson said VanMeter threatened him and then followed Sanderson as he drove back toward Charlevoix. Sanderson said VanMeter drove aggressively, following very closely at times and eventually forcing him to stop near the intersection of U.S. 31 and M-66. Sanderson said VanMeter got out of his car and, after attempting unsuccessfully to make Sanderson get out of his car — ostensibly intending to fight with him — VanMeter fled the scene.
VanMeter was originally charged with a felony count of assault with a dangerous weapon (the car). But a judge threw that charge out following a preliminary examination in November. The judge found that there was not enough evidence showing that VanMeter had the “specific intent” to use his vehicle to put the alleged victim in fear of immediate harm to warrant sending the matter on the circuit court.
www.petoskeynews.com/articles/2007/01/09/news/local_regional/news2.txt
