34th District Court Judge Brian A. Oakley bound over Andrew Thomas Gowan, 57, to circuit court for an arraignment on the information on May 24 at the Frank Murphy Hall of Justice.
Gowan, of Van Buren Township, was originally charged with two counts of assault with a dangerous weapon and one count of felony firearm, using a weapon to commit a felony.
But, following testimony in the preliminary exam on May 10, Judge Oakley dropped the second count of assault with a dangerous weapon.
Testimony was that on Feb. 21, 2016 Jerome Gowan went to his mother’s house at 7767 Belleville Road to see her before she died. She was under hospice care and has since passed.
Jerome testified that his brother Gregory invited him in, but brother Andrew told him to leave because, Andrew said their mother didn’t want to see Jerome.
Jerome said he went into the living room where his mother’s bed was set up and Andrew got between him and the foot of the bed and pulled a gun from his waistband. Jerome testified Andrew said, “State your case and get out.”
Jerome said it was a semi-automatic hand gun and he heard Andrew “rack” the gun, adding he is a CPL carrier and owns guns so he knows about guns.
“I felt extremely threatened,” Jerome said. He said Andrew pointed the gun at him and then pointed it down.
“I asked mom if I should go and she replied, ‘Jerome, you need to go.’”
He said he felt his mother told him to go to diffuse the situation. He said he left the house and called VBT police and he was told to go to the corner of Ecorse and Belleville roads, where the old tavern used to be, and wait for police there. He said Officer Sweet came.
In cross-examination, defense attorney Jonathon Jones said Andrew was taking care of their mother in hospice. Jerome said Andrew and other family members were taking care of her.
Jerome testified Facebook said Andrew wasn’t there, so it would be OK for him to visit.
“You knew you weren’t welcome there,” attorney Jones said. “You were told to leave and chose not to leave … until afterward when you saw the gun.”
Jerome testified he hadn’t spoken to Andrew in years.
“There was nothing preventing him from shooting you and he didn’t,” Jones said and Jerome agreed nothing prevented him from shooting.
“After racking the shell, he put the gun down,” Jerome said. Jerome said he felt if he didn’t leave, Andrew would pull the trigger.
The next witness was Christopher Gowan, the son of Jerome, who said he came from his home on the other side of the state to take his father to see his mother to pay last respects.
He said Uncle Greg let them in and Uncle Andrew said, “Get the f— out.” Christopher said his father told Andrew that he wanted to see mom and hear it out of mom’s mouth that she didn’t want to see him.
Christopher testified that Uncle Andrew said, “Say your f—ing piece and get yourself out…Then everything hit the fan.”
Under cross-examination Christopher testified that he was there to see his grandmother the week before and nobody told him he wasn’t welcome.
“I knew they had a beef with each other,” Christopher said, referring to his father and Uncle Andrew. He said his grandmother said, “Jerry, please leave” and somebody had a gun and waved it around. “When he cocked it, it was aimed at me.”
Judge Oakley didn’t believe the gun was aimed at Christopher to threaten him and so dropped the second felonious assault charge.
James Michael Power
On May 10, the preliminary exam on an April 22 operating with a high blood alcohol content charge against James Michael Power, 37, was held before Judge Oakley.
But after retained defense attorney William Maze insisted there was no state law or local Belleville ordinance he could find that would allow police probable cause to legally stop his client, Judge Oakley asked both the prosecutor and the defense attorney to write briefs on the law.
Attorney Maze asked, “When do you want my brief?” and Judge Oakley replied, “I don’t care. Take three years if you want. It’s between the two of you.” He referred to the defense attorney and the prosecutor.
Judge Oakley said if squealing tires is not probable cause to stop a vehicle, and that is supported by case law, then all this testimony was for nothing.
“Both brief it, as much as I dislike holding the decision,” Judge Oakley said. He said he was not looking for more testimony, but just the case law.
During the preliminary exam, testimony came from two Belleville police officers.
Officer Ahmed Kassem, who had been on the Belleville department for two months and had graduated from the police academy in December, testified that he and his Field Training Officer Cpl. Matthew Vandeweghe were doing traffic enforcement at 1:30 a.m. at Main and Denton. He was pointing his radar at the bridge to catch vehicles coming into the city.
He testified that a black 2006 Grand Prix was stopped on Denton Road at the blinking traffic light and then the driver squealed the tires and accelerated.
He said he turned on the police car overhead lights and stopped the vehicle, which pulled over in the Lakeview Tavern parking lot. Officer Kassem said the driver got out of the vehicle and he told him to get back in. Meanwhile, Cpl. Vandeweghe approached the vehicle from the passenger side.
Officer Kassem said the driver produced a Michigan ID card and said it was his girlfriend’s car.
Officer Kassem said he smelled alcohol and the driver’s eyes were glossy and red. He testified the driver said he drank “a couple.” He told the driver to get out of the car and conducted a field sobriety test. Then he told the driver – James Power – that he was under arrest for driving under the influence.
They took Power to Van Buren Police Department for booking. Cpl. Vandeweghe had done the breath test in the parking lot of 584 Main Street and it was .166, Officer Kassem testified.
“There’s no law against squealing your tires,” Maze said in cross-examination and Officer Kassem said, “I disagree.”
The prosecutor said the driver could also have been pulled over for careless driving or noise violations.
The next witness was Cpl. Vandeweghe, a 10-year police veteran, who said he watched the roadside tests and agreed with Officer Kassem that the driver was intoxicated. Cpl. Vandeweghe said he performed a chemical breath test at the VBT booking room.
Maze asked if the Datamaster at VBT was working correctly and Cpl. Vandeweghe said he has done over 100 tests and he believed the machine to be working properly.
Judge Oakley pointed out the officer said he doesn’t know who’s in charge of making sure the machine was working properly.
The prosecutor said there was no reason to believe it was working improperly.
“I honestly don’t think that’s enough,” Judge Oakley said.
The prosecutor produced copies of the tests showing .18 and .17 readings.
Maze questioned Cpl. Vandeweghe on details of the alcohol test on his client.
Then Maze said he checked on line and Belleville does not have any ordinance posted that says squealing tires is a reason to stop a vehicle.
“If it’s not a ticketable offense, everything else is false,” Judge Oakley said and asked for the briefs.
Joanne Kathleen Thompson
Joanne Kathleen Thompson, 21, was scheduled for her preliminary exam May 10 on charges of stealing or retaining without consent a financial transaction device and illegal sale/use of a FTD on June 3, 2016 in VBT.
But a deal was made with the prosecutor by her court-appointed attorney and she pled guilty to a new charge of false pretenses between $200 and $1,000. The other two charges were dropped.
Her attorney told Judge Oakley that the victim was already compensated for the loss.
Thompson told Judge Oakley that she has just moved to East Huron River Drive in Belleville. She said she has kidney disease and narcotics problems and she also is pregnant.
Judge Oakley was shocked that she was using narcotics while pregnant and she said her doctor cut back on her narcotics.
She said she has pain and trouble sleeping and then feels sick in the morning.
Judge Oakley asked if this is her first child and she said she had been pregnant before but was not able to carry it to term.
“You have to put up with any amount of pain for the good of the child,” Judge Oakley said. “Throw them out. Just throw them out. I’m ordering you to stop taking the narcotics for your baby’s sake.
“I have a probation department who will help you,” he said, noting now that she lived in Belleville she is close and can come to them for help.
He sentenced her to 12 months of non-reporting probation and fines and cost of zero. Officer in charge of the case is Detective Ken Toney.
Clarence Edward Davis
Jordan Michael Tumminello
Clarence Edward Davis, Jr., 44, and Jordan Michael Tumminello, 21, were offered a plea deal. The prosecutor offered to drop the two charges against each of them of assaulting / resisting / obstructing / causing injury to a police officer and the one charge each of disturbing the peace, if they each pled guilty to one disorderly conduct charge, a misdemeanor.
The charges would be held under advisement for six months and, if they stayed out of trouble, the charges would be dismissed with nothing on their records.
They each had posted a $500 bond and their fines were $500 each. Judge Oakley said they were lucky.
The two told Judge Oakley that on Oct. 26, 2015, they approached police when police were investigating another case on Loza Lane in Belleville, where both of them live.
Tumminello had animosity against a person from school and he said there had been a drive-by of his house and breaking of windows. Police officers were restraining the two from the original suspects and ended up putting the two under arrest.
Retained defense attorney William Maze represented both defendants and Belleville Officer Jeff Wickham was the officer in charge of the case.
Robert Edward Burgess
Robert Edward Burgess, 34, waived his preliminary exam on charges of fleeing police in a vehicle in VBT on April 27. Judge Oakley bound him over to circuit court for an arraignment on the information on May 17.
He had a $25,000 personal recognizance bond with tether, but the Wayne County Jail officials believed that was wrong and it must have been cash bond and kept him incarcerated. Burgess’ outstanding probation violation has been cancelled, so the court believed he would be released immediately.
VBT Detective Donovan McCarthy is the officer in charge of the case.