VBT cases against James Chapman dismissed by Judge Van Houten

On Tuesday, May 2, the jury trial was ready to begin at the Frank Murphy Hall of Justice in Detroit in the cases against James Forrest Chapman, 57, of Van Buren Township.
Chapman was charged with assaulting/resisting/obstructing a police officer and refusing or resisting providing a DNA sample in Van Buren Township on June 3, 2016. Chapman reportedly jumped into Belleville Lake to avoid police. He then refused to give a DNA sample. Another misdemeanor charge on another DNA sample refusal is creeping its way through the 34th District Court.
On May 2, when it was apparent the two VBT police officers who were to testify against Chapman were not present, the Judge Margaret Van Houten dismissed the charges, without prejudice.
Police Lt. Charles Bazzy said “without prejudice” means the charges could be refiled and they plan to do just that. He said they will be getting the request to the Wayne County Prosecutor’s office shortly.
Lt. Bazzy said Officers Mark Buxton and Officer David Champagne were in marine officer school on the other side of the state on May 2 and didn’t know the trial was scheduled. The Prosecutor’s office did not send them subpoenas, which must be done to assure they are in court.
“The prosecutor’s office dropped the ball,” said Lt. Bazzy.
This case had a jury trial under way in October and Judge Van Houten called a mistrial on Oct. 27 following a health problem in the jury room during lunch break when a VBT officer entered the jury room to help.
That jury trial was reset for Jan. 23 and then reset for May 5, according to reports the Independent had. That trial actually began and ended May 2.
Chapman’s attorney had tried to have a second DNA misdemeanor charge tied to the first, but was unable to get them linked at circuit court. The DNA charge against Chapman was dropped by District Court Judge Brian Oakley, but the prosecutor appealed that dismissal to circuit court and it was reinstated and sent back to Judge Oakley. He has been delaying the progress on that case until the circuit court case was concluded. The most recent adjournment was until 11 a.m., May 10.
On Feb. 15, Judge Oakley said, “I promise you I will set a date if they delay again.”