Court Watching: Chapman bound over on charge of jumping in lake to evade police

After a preliminary exam during which Van Buren Township Police Officer David Champagne testified to the details of a 2016 felony charge against James Forrest Chapman, Judge Brian A. Oakley bound Chapman over to the higher court for trial.
This was at an afternoon court session on Oct. 25 at 34th District Court. Chapman is ordered to be at the Frank Murphy Hall of Justice in Detroit at 9 a.m., Nov. 8 for his arraignment on the information.
Chapman’s court-appointed attorney on the felony charge, Jeffrey Chilton, began the session by asking Judge Oakley to meet with him, Chapman’s other attorney John Day, and the Assistant Wayne County Prosecutor in the judge’s chambers, the way they did on Aug. 23, seeking a “global settlement.”
Chapman has two misdemeanor charges against him, as well, for refusing to provide DNA samples on two felony arrests.
But Judge Oakley said he’d been on the bench since 9 a.m. and it was now almost 2 p.m. He wanted to get on with the case.
Chilton said he called Gary Bresnehan at the prosecutor’s office who was supposed to tell the prosecutor on Chapman’s cases, Phebie Longnecker, to settle, but it didn’t happen.
Chilton pointed out that Chapman has filed a motion to dismiss and if that is granted there would be no need to conduct a preliminary examination.
Chilton said there is a felony charge from June 3, 2016 for assaulting / resisting / obstructing a police officer and a misdemeanor charge for refusing to give a DNA sample. There is also a second misdemeanor charge from Aug. 16, 2015 for refusing a DNA sample after a different felony arrest.
Actually, Chapman’s motion to dismiss was on the DNA matters.
Chilton also had a motion to dismiss the felony, alleging Chapman was denied a speedy trial and “justice delayed is justice denied.”
Chilton said the prosecutor refiled the June 3, 2016 case and witness memories fade for preliminary exam testimony after that length of time. This does not provide a speedy trial, he said.
Prosecutor Longnecker said most of the delays were due to the defendant filing motions. She said it went to trial and there was a mistrial (after Van Buren Township Police Officer Champagne went into the jury room at lunch time to help a juror having a health problem) and it went to trial again and the judge dismissed the charge when VBT officers didn’t show up for court to testify. Then the prosecution refiled the case that is before them now.
Prosecutor Longnecker said there was a 14-month delay because of Chapman’s motions and there were 17 adjournments attributed to him filing motions.
Judge Oakley said the prosecutor’s office was not ready and the prosecutors kept changing. But there is no prejudice to Chapman because of the delays and the witness is present to testify.
“It’s been a while,” Judge Oakley said. “But, what’s the damage?”
Chilton said the site where Chapman supposedly jumped in the lake has physically changed at the wharf area that broke when Chapman was on it. That was where he allegedly ran from police, he said.
Chapman cut in to say that he is supposed to have a speedy trial and this is “borderline malicious.” He cited a Supreme Court decision noting over 18 months was not a speedy trial.
“We’re not at 18 months,” Judge Oakley said.
Chilton compared the treatment of Chapman to Les Miserables.
Judge Oakley said he has made his opinion very clear in opposing the way “this is being done.” He said he doesn’t think it rises to a speedy trial issue and he commended the officer for going into the jury room to help a juror in need, even though it caused a mistrial.
Judge Oakley then denied the motion to dismiss on the speedy trial issue.
Then, testimony began on the felony charge of assaulting/resisting/obstructing a police officer.
The only witness was VBT Officer David Champagne, who testified that on June 3, 2016 he was dispatched to Huron River Drive for an assault complaint. Officer Bettendorf also was sent and they were in separate scout cars.
He testified they met out front by Benny Smith’s place, where Benny explained he was assaulted by Chapman and Chapman had left the location. Champagne ran north of the location to the corner of Alva and Martinsville and started to search for Chapman in a fence row. He said dispatch alerted him that it was on the phone with Chapman, attempting to get him to turn himself in.
It was about 8:30 p.m. and light out, he said. He said he had seen Chapman several times before and knew what he looked like.
Champagne testified that Chapman stepped out of the fence row.
“He saw me and turned around and ran,” Champagne testified. “I yelled STOP. Stop or I’ll taze you.”
Champagne said Chapman ran north to the steps down to Belleville Lake. He said he saw Chapman look at him and then Chapman turned around and started to go down the steps and half way down he fell and landed at the edge of the lake.
“I said STOP and he turned around and went into the lake,” Champagne said, adding he swam to the east and the officer started following him along the bank. Then, Chapman changed direction and started to swim to the west.
“I could see he was starting to struggle to swim,” Champagne said, adding he started to weigh his options, considering taking off his heavy gun belt so he could jump in the lake and rescue him, calling to find out if the marine unit was nearby on the lake, or if Huron Valley Ambulance was nearby.
That’s when Chapman swam back to shore, Champagne said.
He said he asked Chapman why he ran from him and Chapman replied that dispatch had lied to him and, “I have warrants for my arrest.”
Champagne said he asked about the events that led up to the original 911 call and he said Chapman explained what happened. Champagne arrested him for outstanding warrants.
Under cross examination, Champagne said both Benny and Chapman called 911 on the phone and Chapman was on the phone with dispatch while Champagne was looking for him. Champagne said he did not see a phone in Chapman’s hand when he fell down the stairs, but a phone was in his possession when he was arrested.
He said he remembers Chapman asking him to open it up and put the battery on a paper towel to dry out.
Champagne said there were no assault charges filed by Smith. Chilton asked if Chapman had a bike and Champagne said Chapman did and he dropped the bike when he started to run from him.
Chilton asked if Chapman said Smith stabbed him and showed a cut on his hand and Champagne said that is what Chapman said and did. There were no charges against Smith.
Judge Oakley found probable cause to bind Chapman over for trial.
Chapman asked for dismissal of the DNA charges, but that didn’t happen. So, Chapman asked for a bench trial and he was scheduled before Judge Oakley on Dec. 6. His personal bond was continued.
Judge Oakley had dismissed the first DNA charge against Chapman and circuit court overturned his decision and reinstated the charges. Judge Oakley said the circuit court said Judge Oakley abused his discretion by his ruling on a new law.