Court Watching: David Radecki bound over to circuit court on four countss

Border Patrol agent and former Belleville assistant scoutmaster David Arthur Radecki, 38, has been bound over to circuit court for a March 24 arraignment on the information on two felony charges.
He is facing prosecution for criminal sexual conduct-2nd degree (person under 13) and accosting a child for immoral purposes. There are also two misdemeanor charges: aggravated indecent exposure and indecent exposure.
On Friday he was before 34th District Court Judge Brian A. Oakley for his preliminary exam.
The alleged victim offered the only testimony before Judge Oakley ruled there was enough probable cause to bind over to the higher court. Assistant Wayne County Prosecutor Michelle Ann Jarczewski asked the judge to add an additional charge 750.142c2, but after the testimony, Judge Oakley denied the extra charge.
The exam that had been scheduled for 8:30 a.m. began around 8:40 and the judge gave an order to the Independent, the only media present, about suppressing the name of the victim and any details about the victim’s identity.
Then Judge Oakley was presented with paperwork saying that Detroit media, which had been expected earlier, finally had arrived and wished permission to enter the courtroom and set up their cameras and microphones.
Judge Oakley denied any other media entering the courtroom since the exam had begun.
The boy, now 13, testified that he was a member of the Boy Scouts in Belleville and that Radecki was assistant scoutmaster. He said that on the day in question (Oct. 1, 2016) he was at the church (St. Anthony Catholic Church) with Radecki and some other scouts. He said Radecki called his mother to say that he wanted to take scouts to the Romulus Athletic Center pool.
The boy said he thought other scouts were coming along, but he was the only one with Radecki.
The boy said Radecki, as he drove, asked if the boy would change into his swimsuit in front of him. The boy said he didn’t care, but asked if he could use a stall. He testified that Radecki sighed and said he’d be disappointed, so he changed in front of him in the locker room.
When they were in the pool, he said Radecki put his arms between his legs and flipped him over his shoulders in the water and Radecki’s forearm touched his penis. That happened twice, he said.
Back in the locker room, he said he was asked to change in front of Radecki again and he did. The boy said then Radecki asked how big he was and how much hair he had.
The boy said he showed him his penis after pulling his pants down. Then, he said, Radecki showed the boy his penis and it was erect. He said Radecki pulled it up to his stomach with his hands so he could see everything. Radecki said he shaves.
The boy said Radecki told him his penis was big for his age and he needed a shave.
The boy testified that Radecki told him his penis got hard because the boy looked at it.
The boy said afterward while driving in the car, Radecki said, “Don’t tell anybody because I could lose my position, my family and my job.”
“I didn’t think anything of it. I wasn’t going to tell,” the boy said, adding it made him feel uncomfortable.
Radecki dropped the boy off at his mother’s work. He said two men there made comments about the scout leader and the mother called Romulus Police.
Defense attorney David Jones conducted the cross examination and asked the boy if he felt uncomfortable only after the men made comments about Radecki and the boy said no.
Jones pointed out Radecki picked him up and took him to and from scout meetings at least four times because his mother didn’t have transportation even though an adult scout leader isn’t supposed to be alone with a scout and he could get in trouble. Jones said the boy had been alone with him at least eight times – coming and going – and he never made the boy feel uncomfortable before.
Jones said Radecki never used his hands to grab the boy and the boy agreed. The boy also agreed Radecki never put his hands down the boy’s pants. His forearm touched his penis twice in the pool.
The scout leader and the boy regularly talked about girls, and school, and puberty, the boy said. Radecki also showed the boy some tricks on how to wrap a towel around his waist to keep covered while he changed into his trunks, but that didn’t work, so Radecki held the towel up for him to change.
At this point, Jones asked for a sidebar with Judge Oakley and then asked anyone under 16 to leave the courtroom. Several young people left.
Jones continued his cross examination of the witness and the boy agreed he told Radecki he was uneasy about being un-circumcised and Radecki told him not to worry about it.
Jones said it is not unusual to see naked men in the shower room. The boy said he was not required to take showers at school.
Jones said Radecki showed the boy his penis, but he was holding it, saying he shaved, but not stroking it. The boy agreed.
Jones said the two changed in opposite corners of the locker room and, “He never put his hands on you, did he?” The boy said he didn’t.
After they were done at the pool, Radecki took the boy to Applefest and there they saw Radecki’s wife and daughters. “You asked to stay overnight at their house,” Jones said, and the boy said he didn’t.
Prosecutor Jarczewski asked the witness if Radecki said the boy could spend the night, but his wife and kids wouldn’t be back until 11 p.m. The boy said that was true and that he didn’t want to stay the night.
The boy also agreed they talked about the size of their organs in the locker room.
Jones said that the man and boy talked about puberty many times and the boy asked what a normal-size penis for a boy his age was and Radecki said he would check.
Jones gave his reasons why Radecki shouldn’t be bound over and said, “I think this case is a huge over-reach.”
After he bound him over for trial, Judge Oakley continued Radecki’s bond and his tether.
Radecki is a former Belleville resident and 1997 graduate of Belleville High School. He most recently resided in Livonia with his wife and two daughters.
Romulus Detective Harkins is the officer in charge of the case, but Detective Kelly Fragodt filled in for her at this session.