At a preliminary exam at 34th District Court on Feb. 22, six serious charges were dropped against Vivaldy Morel Nganongo-Mbosso, 35, of Ypsilanti and the case closed.
Nganongo-Mbosso was charged with two counts of first-degree criminal sexual conduct (weapon used), one count of third-degree CSC (force or coercion), one assault with intent to inflict great bodily harm less than murder/strangulation, one assault with a dangerous weapon, three felony firearms, and one domestic violence. This was on March 1, 2022 in Van Buren Township. Personal bond is $10,000.
The defendant was present at 34th District Court for his Oct. 25, 2023 probable cause conference. His attorney said he needed the security camera from inside the apartment for evidence. This was a married couple, he said. The prosecutor said that involves phone extraction and the security camera and they may not have all of that soon.
The preliminary exam was set for Dec. 8, 2023 and the victim was to need a French interpreter to testify. The defendant was directed to surrender his passport to Van Buren police. On Nov. 28 the court was advised the post office could not deliver the court papers to the defendant. On Dec. 8, the French interpreter was cancelled. The exam was rescheduled for Jan. 16 and the interpreter rescheduled.
On Jan. 16, a new attorney was hired by the defendant and so the exam was rescheduled for Feb. 9. On Feb. 9 the exam was reset for Feb. 15, along with the French language interpreter.
On Feb. 22, the examination was continued before Judge Lisa Martin and an order of nolle prosequi entered, meaning the prosecutors were unwilling to pursue the matter. Case closed.
The entry of a nolle prosequi is not an acquittal. Since the principle of double jeopardy therefore does not apply, the defendant may later be indicted on the same charge again.
Christopher Joshua Westphal
Christopher Joshua Westphal, 41, of Dearborn Heights, was supposed to be brought to the court on Nov. 29 for his probable cause conference, but Wayne County Jail officials said Livingston County Sheriffs came to the Wayne County Jail and took him back to their jail. His probable cause conference was adjourned until Dec. 13. He is charged with possession of Methamphetamine / Ecstasy and fleeing a police officer-third degree on Nov. 16 in Van Buren Township. Personal bond is $50,000.
On Dec. 13 he called the court and said he just got out of jail and had no transportation. Then, he called and said he would be 30 minutes. He was told his probable cause conference was adjourned until Jan. 17. On Jan. 16, he called and said can only leave his house at 9 a.m., due to house arrest. On Jan. 17, his preliminary exam was set for Feb. 21.
On Jan. 30, Wayne County Sheriff’s Department alerted the court to a tether violation.
On Feb. 21 his examination was rescheduled for 12:30 p.m. April 4. The defendant is labeled a habitual offender – 4th degree notice.