Judge Green counsels neighbors to get along on Fret Road in VBT

On March 5, 34th District Court Judge Tina Brooks Green presided over a bench trial and found Jerold McDaniel, 71, of Van Buren Township, not guilty of the misdemeanor charge of disorderly person.
The complaining witness was a neighbor who lived three houses down on Fret Road, Edward Conrad, who called police after an incident at 2:30 p.m. Oct. 11. It had to do with McDaniel’s grandson revving the engine of his pickup truck in front of Conrad’s home and doing a “holeshot.” Conrad said he saw the pickup drive into McDaniel’s yard and so he drove down the road and stopped briefly to take a picture to prove where it went.
Testimony showed McDaniel drove down to Conrad’s house, stopped in the road, and blew his horn to get Conrad to come out.
Conrad recorded the yelling back and forth. He called police. Prosecutor Angela Mannarino said he had called police on McDaniel about 20 times and there was possibly one other prosecution.
Prosecutor Mannarino played the video with yelling and profanities from both sides heard.
While Conrad suggested McDaniel may have been drunk, testimony showed McDaniel did not drink and the slurring of words was due to a medical condition.
Judge Green asked what exactly was the basis for the disorderly charge and Mannarino said it was the honking and yelling. The charge was not for obscenities, she said.
Defense attorney Jeff Bowdich pointed out there was nobody else there at the time of this confrontation and while the two were yelling back and forth there was nobody else there to hear them. Thus, it didn’t reach the level of breach of public peace, he said, because there was no public.
McDaniel said he drove and stopped in the road in front of Conrad’s house and honked the horn to get his attention. He wanted to ask him what his problem was, he testified.
Bowdich’s second witness was Tim Roberts of Martinsville Road who had stopped at McDaniel’s house while walking his service dog. Judge Green questioned his background and Roberts said he had an 80% head-injury disability from serving in the U.S. Army and also PTSD. Judge Green thanked him for his service.
Roberts said two years earlier he moved here from Ohio, since his wife wanted to come back home. He said McDaniel stopped to see him and told him if he ever needed anything to “just holler.” He testified he has never seen McDaniel upset. He left before McDaniel got in his truck to go see Conrad.
He testified Conrad wasn’t just taking pictures and he stopped in front of McDaniel’s house and started yelling at McDaniel. Roberts testified Conrad told McDaniel he couldn’t blow his leaves across the “blanking” road, although there is nothing there, and McDaniel said to mind his “blanking” business.
“He sped off, doing a rapid shot,” Roberts said. “He did a holeshot.”
Prosecutor Mannarino summed up the charge as McDaniel being in the roadway yelling at Conrad, which was disorderly. Bowdich repeated it couldn’t be a breach of public peace because there was no public.
“He admitted he raised his voice,” Judge Green said of McDaniel, “and they both had foul language. The first I heard swear was your witness,” referring to Conrad.
Judge Green said police were called in excess of 20 times, where possibly one was charged. McDaniel probably had enough of the police being called.
Bowdich said Conrad was sitting in front of Mr. McDaniel’s house yelling and the public was in Mr. McDaniel’s yard, not his. Bowdich had told Judge Green he had three witnesses he could call to prove that.
“The court listened to the testimony and I’m struggling with it,” Judge Green said. “We have to look at it in its totality. I don’t know if Mr. McDaniel rises to disorderly and both were screaming at each other alone. I believe Mr. Roberts’ testimony. He has no reason to lie.”
Judge Green said this is distressing to her that these neighbors are not living in peace. One feels he has to call the police and the police keep coming. The neighbors had a complete breakdown, she said.
The prosecution has not met the burden of proof and I find him not guilty.
“Mr. McDaniel, do not go to Mr. Conrad’s house again,” Judge Green said. “This situation has volatility that worries me. I don’t want this escalating more.”
It was noted the trouble has been with the grandson and this has been going on for a long time.
Judge Green wondered if something else couldn’t be done, mediation wise.
Prosecutor Mannarino said it’s 55 mph through there, technically, since it isn’t posted. It’s a dirt road and most roads are pot-holey, she said.
“Whether it’s the grandson or his friends, if that behavior could come down, that would help a lot,” Mannarino said.
“I will pass along the court’s message,” Bowdich said.
Judge Green asked if here had been no more incidents since October and Conrad replied, “It’s been nice.”
Judge Green said if the grandson is not staying with McDaniel any more, that helps.
“This is pretty serious stuff,” Conrad insisted. “I don’t have anything against you,” he said to McDaniel.
“Just leave me alone,” McDaniel said.