Court Watching: Koenig bound over for alleged assault on VBT ordinance officer

After a preliminary exam on March 4 before 34th District Court Judge Brian A. Oakley, Paul Koenig, 49, was bound over to circuit court for a March 18 arraignment on the information.
The charge against Koenig was assault with a dangerous weapon and the judge approved the prosecutor’s request to add a second charge, assaulting or obstructing a public official.
The weapon was a dog, which never left his master’s residence or touched the victim.
The only witness to testify was Van Buren Township Ordinance Officer and Fire Fighter David Schuler.
He appeared in his ordinance uniform with badges, patches, and a radio, which he said was like he wore last summer, only with short sleeves in the summer.
He said on Aug. 28, Lt. Charles Bazzy asked him to check out an address in the 13000 block of Martinsville Road for ordinance violations, since the other ordinance officer, Bob Queener, was off and he wanted an update on the case.
“I always stop a few houses down and review the case,” Schuler testified. He said Queener had written about the open violations.
Schuler said he was driving a blue Chevy Silverado with a large township marking on the side. It did not say “ordinance,” he said.
He said he pulled up in front and grabbed his camera. No one was around and he said he thought nobody was home.
He said as he walked up the drive a gentleman started screaming from the window, accusing him of trespassing. The man said Schuler had no right to be on his property.
Schuler said he was warned to leave or the man would set the dog on him.
“I felt threatened,” Schuler testified. “I grabbed the radio to send a message to the police department. The back door was opening.”
Schuler said the man yelled, “I f – – king told you so,” and he could see the man holding onto the dog which was on his hind legs. The man said, “Get ‘em,” Schuler testified.
Schuler said he used the radio to tell the police to “Step it up” and then, “I took off running as fast as I could. I jumped in the back of the truck. I didn’t see the dog. Cars were between me and the door.”
He said he told dispatch that he was secure in the back of his vehicle and he waited for the police. It seemed like hours.
He said he was about 20-25’ from the door when he saw the man holding the pit bull.
Defense attorney Jason Goldman objected, saying it was not established that the dog was a pit bull.
Schuler testified his vehicle was about 125’ from the door.
Under cross examination, Goldman asked Schuler how long he had been an ordinance officer and he said it was 14 years and something like this had never happened before.
Schuler testified that he didn’t go to the door and introduce himself, but just started walking around in the yard.
“It appeared nobody was home. I was looking at expired plates,” Schuler said.
He said within 60 seconds he was half way up the driveway when Koenig started yelling at him. He said he had a direct view of the window, from which the defendant was yelling.
“When the side door opened, did you hear dogs barking?” Goldman asked and Schuler said he didn’t.
He said he saw one dog, a larger dog, with a boxed head. It was white with black splotches and was over 100 pounds. He said he thought it was a pit bull and he had heard they never let you go once they get hold of you.
Schuler said Koenig was holding the dog on his hind legs and, “I believed he let it go.”
Goldman asked him if he outran a dog for 100-125’ and Schuler said he didn’t know.
Goldman continued cross examination and Schuler responded that there was no physical contact, he didn’t see the dog anywhere, did not see anybody go out and bring in a dog, and never saw the dog again.
Also, he did not turn around while being chased and while he held a camera in his hand he did not take a picture of a dog.
“You gave a statement to police that you didn’t see the dog chase you at all,” Goldman said and Schuler agreed.
After police arrived, he said he saw someone, not Koenig, leave on a bicycle. He said he was not bitten by a dog and never heard barking.
“All I could pretty much hear was my heart beating so loudly,” Schuler testified. “I was terrified for my own safety. I was trying to be ready to jump on the roof of the truck if the dog jumped up into the back of the truck. I’ve seen them do that.”
Wayne County Assistant Prosecutor Ryan Lukiewski suggested he was threatened after he identified himself as an ordinance officer.
“I contacted police first at the threat and then after I ran,” Schuler said and then he was released from testimony.
Prosecutor Lukiewski said the felonious assault charge would be up to a jury to decide if the instrument was a dangerous weapon.
He said the statement, “I f – – cking warned you,” would be decided by a jury whether a reasonable person would be made afraid.
That’s when he asked for the second charge of assault/resisting/obstructing a public official.
Goldman argued that the dog that allegedly was used as a dangerous weapon actually never was outside.
“We don’t have testimony there was a dog outside. Profanity has nothing to do as a dangerous weapon,” Goldman said.
“It’s mind-boggling he sat in the truck for so long and he didn’t even see the dog,” Goldman said. He said there was no mention of a pit bull. He asked the case be dismissed.
The prosecutor insisted a crime was committed when Koenig was holding the door and said, “You asked for it,” and, “Get him.”
Judge Oakley said the threat is what they’ve got for probable cause and, “The officer had reason to be afraid.”
He bound Koenig over to circuit court and continued the $5,000 personal recognizance bond.
John Ferguson Zacchi
John Ferguson Zacchi, 35, waived his preliminary exam and Judge Oakley bound him over to circuit court for an arraignment on the information before Judge Gregory Bill on March 11. He faces charges from a Feb. 17 retail fraud incident at Meijer when he is alleged to have fled from police down Tyler Road.
Official charges are possession of narcotics, fleeing police officer in a vehicle, retail fraud, possession of marijuana, and driving while license suspended – second time.
Zacchi was lodged on $30,000/10% bond and his retained attorney Earl Washington asked for a reduction. VBT Detective Mark Buxton said he had no objection to personal bond and a GPS tether, which Judge Oakley ordered.
Ibrahim Daoud Ibrahim
Ibrahim Daoud Ibrahim, 47, of Belleville Exchange, 9894 Belleville Road, is facing charges of Organized Retail Crime and Receiving and Concealing Stolen Property More than $1,000, But Less Than $20,000.
He first was scheduled to have his probable cause hearing on Feb. 4 and that was postponed until March 4.
On March 4, his retained attorney Raymond Guzall asked for adjournment of the preliminary exam until March 25, because the two prosecutors that were on the case are both on vacation now.
Judge Oakley agreed and continued his $10,000 personal recognizance bond.
Target is the complainant in the case, which was alleged to have occurred March 20, 2014. The warrant for his arrest was issued Dec. 17.
The iPads in question allegedly had been stolen from Target and misrepresented by the defendant, said VBT Police Detective Donovan McCarthy.
Attorney Guzell said his client owns his own store. He said the case file is so thick because 95% of the cases in it are the criminals he helped police apprehend.
Djuna Lynn Garbo
Djuna Lynn Garbo, 48, who was in court for her probable cause hearing, had her preliminary exam adjourned until April 11.
She is charged with larceny, identity theft, FTD (financial transaction device) stealing/use without consent, FTD illegal sale/use 14 times, and FTD possession. This was alleged to have happened Jan. 25, 2014. She is out on $1,000 personal recognizance bond.
Her retained attorney is Angie Martell and VBT Det. Buxton is in charge of the case.
Kyle Pierre Gist
Kyle Pierre Gist, who was set for his pretrial exam on charges of driving while license suspended in Sumpter Township on Feb. 18, 2012, pled guilty to no valid license on person and the DWLS charge was dropped. A fine of $690 was assessed. Officer Colleen Carefelle was the officer in charge.
Doug Schneider
Doug Schneider pled guilty to operating while intoxicated on July 18, 2014 in Sumpter Township. The hearing-impaired defendant was assisted by an inerpreterr who translated the judge’s words with hand signs.
Schneider said he consumed alcohol while he was fishing and got in the car and the steering wheel locked up and he went into the ditch (or fence). His blood alcohol level was 1.6. Both the original charges of OWI/OCC were dismissed. He was sent to the probation department for a pre-sentence report and a sentencing date will be scheduled. Officer Carefelle was the officer in charge.
Marvin Robertson
Marvin Robertson took a plea deal for his charge of operating while intoxicated on Sept. 14, 2014 in the city of Belleville. He said he consumed alcohol and drove. The original charge was dismissed and he was sent to the probation department for a pre-sentence report and a sentencing date. Officer Wickham was the officer in charge.
Nathan Olson
Nathan Olson was present for a motion by the People to not allow Olson’s attorney to use a 2011 police report to cut the victim’s reputation down. Wayne County Assistant Prosecutor Danielle Strace said there was no valid ground to allow this evidence.
Strace said the report is heresay by the officer and its admittance is aimed at impeaching the victim’s credibility.
The retained attorney said she got the case from another attorney.
Judge Oakley granted the prosecutor’s motion and said, “See you Friday” for the domestic violence trial.
Officer in charge is VBT Det. McCarthy.
George Blair
George Blair requested a bench trial on his charge of domestic violence and it was set for March 25. He will be represented by court-appointed attorney Jeff Bowdich.
Blair told Judge Oakley that he was on a payment plan for fees to the court and, “I failed to pay” for VBT civil infractions, including larceny and no proof of insurance. He told Judge Oakley he would pay $300 on March 13.
VBT Det. Buxton is the officer in charge.