Nessel Accuses 2 Police Officers In Misconduct Investigations

MICHIGAN — Felony charges have been issued against two police officers and two residents following investigations by the Michigan Office of Attorney General into three police misconduct cases involving officers in Saginaw, Washtenaw and Jackson counties, the office announced Tuesday.

The cases in Saginaw and Washtenaw counties allege excessive use of force by law enforcement while the case in Jackson County focuses on a complaint of professional misconduct by a police officer.

“We recognize that cases of excessive force are always sensitive and of great concern to the public – but that is particularly so because of the terrible tragedies involving aggressive acts by law enforcement across the country this summer,” Nessel said.

Nessel's office reviewed the cases after being requested by county prosecutors to avoid potential conflicts by local officials.

Saginaw County

After reviewing video of the incident and other evidence, Nessel’s office said it is charging former Saginaw Police Officer Adam Collier with one count of misconduct in office, a felony punishable by up to five years in prison and a $10,000 fine, and two counts of assault and battery, a 93-day misdemeanor.

The charges stem from a July 11 incident in which Collier, who is white, assaulted a Black female detainee twice while she was in his custody, according to the AG's office.

The incident began with a report that the detainee was assaulting another individual at a Saginaw residence, the AG's office said. Collier responded to the scene and took the woman into custody, the AG's office said.

The first assault occurred when Collier forcefully pushed the woman into the backseat of his patrol car, the AG's office said. As she resisted, he struck the woman on the face with a closed fist while she was handcuffed, the AG's office said. The second assault occurred in the sally port of the Saginaw County Jail, the AG's office said. As the woman was exiting the patrol car, she spit at Collier, who then retaliated by striking the handcuffed woman with a closed fist three times in the face and head, the AG's office said.

Collier was terminated from his position with the Saginaw Police Department on July 17, the AG's office said.

Criminal charges have been filed by the Saginaw County prosecutor against the detainee for her conduct during this incident, the AG's office said.

Collier was arraigned remotely Tuesday in 70th District Court in Saginaw County before Judge David Hoffman. He was given a $7,500 personal recognizance bail.

Washtenaw County

Austin Pearson, a white deputy with the Washtenaw County Sheriff’s Office, was one of the police officers who responded to a shooting in an Ypsilanti neighborhood on May 26, according to Nessel's office.

Police established a secure perimeter and attempted to locate the shooter, the AG's office said. Shatina Grady and her husband, Daniel Grady, who are both Black, began to interfere with the police activity and refused multiple directives to stop their attempts to compromise the established perimeter, the AG's office said.

Pearson began to arrest the Gradys for noncompliance, and the couple physically resisted, the AG's office said. During the struggle to arrest, Shatina Grady severely bit Pearson on the arm, the AG's office said. Pearson then struck Shatina Grady three times with a closed fist in the head until she released her jaw, the AG's office said. She bit Pearson’s other forearm and scratched his head with her fingernails, kicking at other officers as she was escorted to the patrol car, the AG's office said. While in the vehicle, Shatina Grady forcefully kicked the door of the car repeatedly, causing damage to the door and the door frame, the AG's office said.

Following the review of video footage of the incident and other evidence, Nessel's office said it determined Pearson’s use of force was justified and appropriate given the suspect’s level of resistance, and that he committed no criminal offense in his interactions with Shatina Grady.

However, the AG's office said, Shatina Grady was charged with:

• three counts of resisting and obstructing an officer, a two-year felony;
• one count of resisting and obstructing an officer causing injury, a four-year felony; and
• one count of malicious destruction of police property, a four-year felony.

Daniel Grady was also charged with two counts of resisting and obstructing an officer, a two-year felony, the AG's office said.

Arraignment for Shatina and Daniel Grady is pending in Washtenaw County.

Jackson County

Blackman-Leoni Township Public Safety Officer David Lubahn faces felony charges for perjury in a document and misconduct in office for his actions related to an investigation of shots fired near a hotel in Blackman Township on Oct. 23, 2019, according to Nessel.

The investigation revealed that after locating the suspects, officers discovered a gun safe and the key to open it in a hotel room, the AG's office said. Lubahn used the key to open the safe, without legal authorization, and located a gun, the AG's office said. After searching the safe without a warrant, Lubahn re-locked the safe and presented a court with a search warrant affidavit containing false and misleading information, the AG's office said.

Lubahn is charged with one count of perjury of a record or document, a 15-year felony, and one count of misconduct in office, a felony punishable by up to five years in prison and a $10,000 fine, the AG's office said.

Lubahn was scheduled to be arraigned Tuesday in 12th District Court in Jackson before Judge Daniel Goostrey.

Nessel's office thanked the Michigan State Police for the department's work investigating the Saginaw and Jackson counties cases, and deputies from the Eaton County Sheriff’s and Lapeer County Sheriff’s offices that made up the Michigan Sheriffs’ Association MISSION Team, which investigated the Washtenaw County case.

“Law enforcement officers take an oath of office and we fully expect them to uphold that promise,” Nessel said. “Those who betray their oath behave in a manner beneath their position as trusted public servants and undermine the credibility of every upstanding officer who serves.”