Court Watching: Defendant’s relative takes picture, video of witness during testimony

On July 15, after 34th District Court Chief Judge Tina Brooks Green had made the decision to bind over defendant Ralph Rosas to face felony charges at circuit court, the proceedings took a dangerous turn.
Judge Green was informed that a court official had seen a member of the defendant’s family take a picture of a testifying witness with her phone. A court officer questioned the woman about it and she denied taking a picture. She said she just had been checking her messages.
Judge Green had Officer Tim Rapp take possession of the phone and search for the picture, which he found and showed to the judge.
Judge Green said taking pictures of witnesses is not allowed and it could end up with contracts being put out on people. She said they are considering whether to ban cell phones completely from the courtroom and this is a good example of why that might be done.
She told the woman and the ten family members of Rosas, who drove to Romulus together from Saginaw, that they are not helping Rosas with this kind of activity.
She said she would have the Officer Rapp delete the pictures from the phone, but Sumpter Township Det. John Toth said police were concerned this incident would intimidate the witnesses. He asked that before Officer Rapp deletes the pictures for police to take pictures of the pictures for the record. Judge Green agreed.
“I didn’t know I was taking a picture,” the woman said. “I was just getting messages.”
“I don’t believe that for a minute,” Judge Green replied. “You’re better off not saying anything at all.”
Officials asked for the woman’s driver’s license for identification and she presented it. Then, they asked what the “officer safety caution” on her record was for and she said she had been convicted of a felony.
When she protested to police that the judge said the picture would just be deleted and she could go, police said she was not free to go yet.
Upon further investigation, police found a video of a witness and others had been taken in the courtroom, where she followed them across the courtroom as they walked.
Judge Green did not wish to go any further with the incident and told police to just document the pictures and then delete them, return the camera, and let the woman go. That’s what they did.
Before the incident with the phone, Judge Green had presided over a lengthy preliminary exam for defendant Ralph Rosas, who was involved in the stabbing and armed robbery incidents on Halloween that started inside the Rollers Skate Park in Sumpter Township.
The skating rink had been leased out for what was called a “fraternity party” from Eastern Michigan University that began at 10 p.m.
Rosas, who was being held on $500,000 or 10% bond in the Wayne County Jail, was charged with one count each of assault with intent to murder, assault with intent to do great bodily harm less than murder, armed robbery, and assault with a dangerous weapon (felonious assault). He also was named a habitual offender.
After hearing the testimony from two witnesses, Judge Green dismissed count four because there was no testimony from Tony Jones who was the one witnesses said called out “gun” twice and was running from whoever had the gun.
Judge Green said if Jones comes forward police can refile those charges. Sumpter Det. Toth asked Judge Green to approve a witness detainer to bring Tony Jones to court to testify for the refiling of those charges. Judge Green agreed.
Then, Rosas’ retained attorney Alan Crawford asked for a reduction of bond. He said his client, who works full time, could wear a tether. Crawford pointed out his client’s entire family drove from Saginaw to support him.
Judge Green referred the bond situation to pretrial services at circuit court.
Rosas is scheduled for an arraignment on the information at 9 a.m. July 29 at the Frank Murphy Hall of Justice.
Witness Christopher Johnson
The first witness against Rosas called by Wayne County Assistant Prosecutor Ryan Lukiewski was Christopher Johnson, who said he was working security at the event at the skating rink that night. He was assigned as a “rover” moving around inside the rink to make sure no one was acting up.
He testified that a guy in the club was smoking and he told him to stop. He said the guy said he worked for those promoting the party and he said he didn’t have to stop smoking.
Johnson said he grabbed him by the arm and walked him to the door. There was resistance – pushing, shoving — with the guy walking away.
“Mr. Rosas came at me at the door,” Johnson testified. He said Rosas said, “Get off of my home boy.”
Johnson said he pushed Rosas and his security chief Tony Jones told him to go outside. Johnson said once he was outside, two to three guys came “busting out” at him. He described a short Hispanic male and a tall, light-skinned black male with a beard.
“I’m going to kill you, m—– f—–,” the short Hispanic male said, Johnson testified. The man had a knife and they were chasing him, Johnson said.
He described how he tried to run away and went this way and that and was stabbed over by a store. Those pursuing him even climbed up over cars to follow him around.
“No one was coming to help me,” Johnson said, noting his co-security workers Tony Jones and Chris Gilliam were standing around. “Watch out. The little guy has a knife,” he said he called out as he ran buy them.
He said about 30 seconds after that he got stabbed. The short Hispanic guy stabbed him as he ran between two guys with his hands in the air. He thought he had been punched but half way through a field he put his hands on his chest and there was blood.
He said he looked back and the first person he saw was Rosas chasing him. He said 30-40 yards away he saw the tall guy with a beard who had a gun.
He ran to the gas station and banged on the door, but the store was closed. He jumped over a fence and jumped another fence and hid behind a house.
He said he hid for about 10-15 minutes and a buddy who came with him was trying to find him. Johnson had turned off his phone so the phone wouldn’t be heard by his pursuers and he found he had missed 20 calls from the same guy. Finally his friend found him and he came crawling out of the yard.
Johnson testified a big piece of meat was hanging out of his chest. His friend brought him to the skate rink as officer Colleen (Carafelle) Gottschalk was pulling up. He was on the ground and she pulled up his shirt and saw the intestine hanging out of his bloody chest. (This also was recorded by her body camera.)
Johnson said he was taken to St. Joseph Mercy Hospital where he had surgery.
The Prosecutor had Det. Tony and Sumpter Officer George Salajan show the surveillance video from the gas station/party store across the street from the skating rink. The video showed Johnson running to the gas station and Rosas and two others chasing him. He ran behind Jones and Gilliam and was stabbed. It showed him running in front of the gas station, jumping the fence. That part of the video is all that could be entered as evidence for this witness since that was all that Johnson observed.
(He ran out of both of his shoes and went through the backyards all the way to Crandall Court. Police said he tried to get neighbors to open their doors and help him, but they were afraid.)
Under cross examination, defense attorney Crawford asked Johnson if he knew about someone knocking someone else out in the club and Johnson said no. He testified Rosas and others had on red, but he never saw him with a knife or gun.
Johnson said he has been working with the security firm for two years and they worked across the state.
Crawford noted that Johnson knew Rosas from a past altercation at a party in Saginaw when a woman was hit in a club. Crawford said the reason for the fight in Sumpter wasn’t about smoking. Crawford said Johnson asked people for money to smoke in the club.
“It’s acceptable to say no and stab him?” Judge Green asked Crawford.
Johnson said that he didn’t ask for money for smoking and it was the security team’s job to keep out smoking. He said he heard that some ask for money for smoking, but he didn’t see it happen that night.
Witness Daniel Gilliam
The second witness called by the prosecutor was Daniel Gilliam, a part-time security guard who identified the defendant as being inside the roller rink on Halloween. He said he saw Chris Johnson approach Rosas inside and Johnson went outside and Rosas was outside.
Gilliam testified Johnson was being chased by Rosas and his friends and the short Mexican had a blade. He said Chris was scrambling around and someone said “gun.” He said his boss Tony Jones was 5-10 feet behind him and ran past him running away from Rosas.
Gilliam said he is hard of hearing so he asked Tony Jones what he said and he yelled out “gun” again and then Gilliam started running as well.
Gilliam said Rosas pointed a pistol at his head and ordered Gilliam to “give me every f—— thing you have” and so he gave him $40. Gilliam testified that Rosas then said, “You’ve got more than that” and put his hand in Gilliam’s right front pants pocket and pulled out $200-$300 while pushing the barrel of the gun against his cheek.
Rosas’ associate Alex then told Rosas that Gilliam hit him and Rosas said, “Oh, you hit my boy. You hit my boy,” and then pushed Gilliam.
After the police were called Rosas wanted to get inside the rink. He said he had a gun and to let him inside, Gilliam testified.
Then Prosecutor Lukiewski asked Gilliam to authenticate parts of the second part of the surveillance tape that he experienced. It shows Rosas with the gun and Rosas taking money from Gilliam’s pocket.
In cross examination, Crawford asked Gilliam if a person got knocked out at the rink that night and Gilliam testified that was true and that Chris Johnson was the one punching the person.
Gilliam testified that a Miss Love at the door was taking money for entry. Crawford asked if Gilliam asked people for money inside and he said yes when people didn’t have their wristband on they needed to pay $20 in addition to the regular fee to get in the club.
“Shortly after Jones yells ‘gun’ Rosas appeared from that direction and robs you?” asked Prosecutor Lukiewski. Gilliam said that was true but he never saw Rosas point a gun at Tony Jones.
The judge asked for arguments and the prosecutor said the first two counts – assault with intent to murder and assault with intent to harm less than murder — were relying on the aiding and abetting part of the law because Rosas was one of three people chasing Johnson around the parking lot. “Johnson thought he was punched and then saw his intestines spilling out of his torso.”
Count three refers to Rosas’s armed robbery of Gilliam when he put the gun to his cheek and went into his pocket.
Count four – felonious assault – is more murky Lukiewski said because Jones yelled “gun” twice, but Jones was not present to testify.
Crawford said they can’t treat the video as evidence and it’s very clear who stabbed Johnson. But, he said, Johnson’s credibility is in doubt because he testified he didn’t knock anyone out and the second witness testified Johnson did knock the person out.
Crawford said this could have been the reason for him being chased and he obviously made a lot of enemies. He pointed out there is no testimony to support felonious assault. He said “Mr. Stilson” had the gun.
The two other defendants, still on the loose, have warrants out for their arrest. They are Robert Kristopher Stilson, 25, and Santino Dominick Deleon, 23, who also is considered a habitual offender.
Sumpter police were assisted in Rosas’ apprehension by the Bay County law enforcement task force in the Saginaw area.
Rosas had served 6 years and 8 months in prison on a plea deal on drug charges and a felony firearm charge originating in Saginaw County. He was discharged from prison on June 1, 2013.