Circuit Court jury trial for James Chapman declared mistrial

Wayne County Circuit Court Judge Margaret Van Houton declared a mistrial Friday in the jury trial of James Chapman, 56, a candidate for Van Buren Township trustee in the Nov. 8 general election.
Judge Van Houton rescheduled the jury trial for Jan. 23, 2017.
Chapman is charged with the felony of resisting/obstructing a police officer on June 3 when he allegedly jumped into Belleville Lake instead of following directions of a VBT officer. If found guilty, he could have to pay a fine of $2,000 and/or spend one year in jail.
He also is charged with the misdemeanor offense of refusing to provide a DNA sample after his arrest, which could result in a sentence of $1,000 and/or one year in jail – or more.
Last Thursday, the jury had been selected and the prosecutor presented her case. The court-appointed defense attorney had just begun her case when lunch time arrived and they took a break.
Chapman said a juror in the jury room had a severe asthma attack and another juror ran out into the hallway, running from locked door to locked door desperately seeking help. All the doors were closed for the lunch break.
Chapman said Detective Mark Buxton, officer in charge of the case, and the prosecutor’s only witness Officer David Champagne were in the hallway and the juror ran to them, seeking help.
After pausing to consider the situation, Det. Buxton sent Officer Champagne, a cross-trained police/fire fighter, into the jury room to help the juror.
Once it was reported that a witness had gone into the jury room, Judge Van Houton took testimony on what had happened and then declared a mistrial.
Reportedly Chapman’s attorney asked how she could criticize Champagne, who was “a knight in shining armor who came in to the rescue.”
The incident at the heart of the charges against Chapman occurred June 3 when he was arrested after reportedly jumping into Belleville Lake and swimming off to avoid VBT Police.
VBT Police Lt. Charles Bazzy said Chapman was visiting his friend on Alba Court when they allegedly got into a fight. The friend called VBT police and then Chapman called VBT police, Lt. Bazzy said.
When police arrived, Chapman fled and jumped into the water, Lt. Bazzy said. Chapman swam along the shoreline, with Officer Champagne following along on the shore. The officer reportedly was taking off his bulletproof vest and other heavy gear to remove Chapman from the water for his safety, when Chapman came out of the water himself and was arrested.
Lt. Bazzy said Chapman placed the police in jeopardy for requiring them to enter the water to save him, thus the obstructing a police officer charge.
After Chapman’s arrest, he refused to provide a DNA sample as required by law, so he was charged with a simple misdemeanor for the refusal. He also is charged as a habitual offender.
Before the jury trial was scheduled, the prosecutor offered Chapman a plea deal of pleading guilty to two misdemeanors and having the felony charge dropped, but he refused the offer and asked for the jury trial.
Chapman waived his preliminary exam on these charges before 34th District Court Judge David Parrott on June 22 and was bound over to circuit court.
Chapman also refused to give a DNA sample last year on an aggravated stalking charge, but 34th District Court Judge Brian Oakley dismissed the DNA charge. Then the Wayne County Prosecutor’s Office appealed Judge Oakley’s decision to circuit court and the court reversed Oakley’s decision.
The 2015 DNA charge was sent back to 34th District Court to be reheard because circuit court said the district court erred. Attorney John Day is defending Chapman in this case and asked for an adjournment until Nov. 2 for a motions hearing, which was granted by Judge Oakley in September.
Attorney Day was unsuccessful in getting this 2015 DNA charge consolidated with the 2016 DNA charge before Judge Van Houten.
Judge Oakley said at the motions hearing on Nov. 2 they could set a trial date at district court for the 2015 DNA misdemeanor charge.