FOUR SENTENCED TO PRISON FROM CHARLEVOIX COUNTY

This morning, Jan. 22, 2021, in the 33rd Circuit Court for Charlevoix County, two individuals were sentenced to prison on drug charges, one on a number of charges including drugs, theft and fighting with police and yet another for a theft offense.

Timothy James Funck, 25, Central Lake was sentenced to serve 51 to 360 months in prison for delivery of methamphetamine.

According to a police affidavit, Funck sold methamphetamine and heroin to a confidential informant on March 12 and then sold imitation methamphetamine to the same informant on March 17.

Judge Roy C. Hayes III noted that Funck had sold the drugs after just recently being released from probation from Oakland County on a conviction for larceny in a building.

Laurel Jane-Christine Heise, 23, Charlevoix, was sentenced to 18 to 240 months in prison after being convicted of delivery of methamphetamine.

The affidavit filed in the case indicates that Heise sold methamphetamine to a confidential informant on March 26 in Charlevoix Township.

A search warrant was executed at a later date and police seized more methamphetamine, as well as other items indicative of drug trafficking and use, such as numerous cell phones, digital scales, plastic baggies, a notebook with drug information, needles, syringes, glass pipes, pills and information related to accessing the “dark web.”

One of Heise’s co-defendants, Devon Eberhart, who was also recently sentenced to prison, admitted that he, Heise and their other roommate, sold methamphetamine on a routine basis out of their Charlevoix Township home.

“The convictions of Mr. Funck and Ms. Heise were through the fine work of our Charlevoix County drug team, JOLT,” Charlevoix County Prosecuting Attorney Allen Telgenhof said. “Once again the message was sent that if you sell methamphetamine in Charlevoix County, you are highly likely to be sent to prison,”

Clifton Shantone Haines, 20, Lansing was sentenced to serve 32 to 60 months in prison following his guilty pleas to possession with the intent to deliver Xanax, unlawful driving away of an automobile, attempted malicious destruction of police property and two counts of resisting and obstructing a police officer.

Court records indicate that police were called to a location in Boyne City on June 27, 2020 where they found an individual who was unconscious and who appeared to have suffered an overdose in the back seat of a vehicle. Officers were able to revive the individual through two injections of Narcan.

Through investigation the officers discovered the vehicle had been taken downstate by Haines and another individual to purchase drugs which were brought back to Charlevoix County. The other individual has already been charged, convicted and sentenced.

Haines was placed under arrest and transported to the Charlevoix County Jail. When officers at the jail attempted to book him, Haines became combative and fought the officers, requiring five officers to be involved to subdue him.

During the fight, Haines damaged a body camera worn by one of the officers.

Judge Hayes ordered that all five felony sentences be served concurrently, however, he noted that Haines’ sentence was increased as a result of his fight with the officers.

Haines still has charges pending in Charlevoix County for delivery of heroin and delivery of cocaine, as well as charges pending in Otsego County for armed robbery and first degree home invasion, and in Eaton County for attempted resisting and obstructing of a police officer.

“On the Haines matter, this was excellent police work by the Boyne City Police Department and the Michigan State Police who responded to an emergency situation, assisted in saving a life, and then broadened the investigation which resulted in the discovery of drugs and two convictions.”

“The officers at the jail and the Boyne City Police Officers who assisted in subduing Mr. Haines should be commended for their bravery and the additional time he received in prison for his attack was well deserved,” Telgenhof commented.

David Edward Stockford, 56, Cheboygan, was sentenced to serve 18 to 60 months in prison following his conviction for unlawfully driving away of an automobile.

Stockford admitted stealing a pickup truck in the City of East Jordan on the 4th of July.

The pickup was hitched to a trailer and skid steer which were also taken by Stockford, but were abandoned and left at the Sommerset Pointe Yacht Club in Advance where they were recovered.

An employee of the truck’s owner saw the truck at the skate park in East Jordan and notified the owner who called police. When police arrived, they found Stockford hiding in the bushes at the park.

Court records indicate that Stockford had previously been convicted of eight prior felonies and 18 prior misdemeanors and had been sentenced to prison four times in the past.

The Stockford matter was investigated and solved by the East Jordan Police Department.

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Mt. McSauba Robber Pleads Guilty

Johnny Ray Rossman, 37, Mancelona, pleaded guilty this morning in the 33rd Circuit Court in Charlevoix County to two counts of breaking and entering a building with intent to commit larceny and one count of larceny in a building.

The breaking and entering charges carry a maximum penalty of ten years in prison and the larceny in a building charge maximum is four years.

Rossman admitted that on July 19, 2020, he broke into both the City of Charlevoix’s Mount McSauba ski lodge and the AmericInn Lodge and Suites with the intent to steal and that he in fact, did steal from both locations.

According to police reports, Rossman stole an ATV, two computers, a cash register and other miscellaneous items. He entered the ski lodge through a window that was unlocked.

Reports indicate that Rossman left Mount McSauba riding the ATV, traveling across US 31 headed north where he lost control and witnesses observed the crash. Some of the items stolen were located later at the crash site.

The AmericInn, located just north of the crash site, reported that someone had broken into one of their hotel rooms that same night, cutting a window screen to gain access and that money had been stolen from the washer and dryer in the guest laundry room.

When police investigated, they found items stolen from Mount McSauba had been left in the room broken into at the AmericInn, tying the two crimes together. The ATV was later located which led to the arrest of Rossman.

Sentencing on these matters is scheduled for Feb. 19, 2021 before Judge Roy C. Hayes III.

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Drug Dealers Sentenced to Prison in Charlevoix County

This morning in the 33rd Circuit Court, Judge Roy C. Hayes III sentenced two convicted drug dealers to prison. Christopher Devasio Adams, 30, Flint was sentenced to 30 to 240 months in prison and Devon Tyler Eberhart, 25, Charlevoix, was sentenced to 72 to 240 months.

Adams was convicted of conspiracy to deliver cocaine, carrying a concealed weapon and being a felon in possession of a firearm.

According to a police affidavit filed in the matter, Adams and another man drove to Boyne Falls from Flint and sold four ounces of cocaine for $2,100 to a confidential informant.

Following the sale, police stopped the vehicle and arrested both men and located a handgun under Adams’ seat in the car. Adams was on parole, having served time in prison previously for assaultive, weapons and home invasion charges.

Adams was sentenced to the 30 to 240 months on the delivery charge and 24 to 60 months on both the concealed weapon and felon in possession charges. Those sentences will return concurrent to each other, but consecutive to time that Adams will serve on his parole violation as a result of these convictions, which could be up to 15 years in prison.

Eberhart was convicted of possession with the intent to deliver methamphetamine.

According to an affidavit filed in his case, police searched Eberhart’s residence in Charlevoix Township pursuant to a search warrant on March 26, 2020 and found evidence of drug sales, including methamphetamine in plastic baggies, digital scales, syringes, a notebook with drug information, cash and a CO2 pistol.

Eberhart admitted to police that he was planning to sell the methamphetamine seized and that he sold around an ounce of methamphetamine each week and that he sold to 10 to 15 different area individuals.

Both convictions were possible entirely due to the work of Charlevoix County’s drug team, JOLT (Joint Operational Law Enforcement Team).

“We are so fortunate in Charlevoix County to have our own drug enforcement team,” Charlevoix County Prosecuting Attorney Allen Telgenhof said. “We have a very real methamphetamine problem in this community and with these two cases, we have taken two more dealers off the street – one who brought drugs up into this community from downstate and another who, by his own admission, was a regular dealer right here in Charlevoix.”

“I thank and commend Sheriff Chuck Vondra and his team for their work on these cases,” Telgenhof said. “Hopefully the message gets out that Charlevoix County is not the place to buy and sell methamphetamine.”

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Boyne City Felony Drunk Driver Sentenced

Kelly Ann Woodard, 40, Boyne City, was sentenced this morning in the 33rd Circuit Court to serve 11 months in jail, eight months immediately, on a felony conviction of Operating a Motor Vehicle While Intoxicated, Third Offense. She was also placed on probation for 36 months.

Woodard was arrested on May 28, 2020 when she was driving with a blood alcohol level of .38, over five times the legal limit in Michigan.

She was previously convicted of three drunk driving offenses, twice in 2004 and also in 2016. Woodard was also arrested for drunk driving on October 3, 2019 when she was sitting at the wheel of her vehicle at the end of a driveway in Hayes Township with the engine running and a blood alcohol level of .22.

District Court Judge James N. Erhart dismissed that charge, ruling that Woodard was not “operating” the vehicle at the time. The Charlevoix County Prosecuting Attorney’s Office appealed that ruling and was awaiting argument on that case when Woodard was again arrested on the current charge.

In addition to the drunk driving arrests and convictions, Woodard was convicted of leaving the scene of an accident in 2013.

In a sentencing memorandum filed with the Court, Charlevoix County Prosecuting Attorney said that Woodard was a “ticking timebomb” and presented a “clear and present danger” to other drivers in Charlevoix County.

In sentencing Woodard, Judge Roy C. Hayes III noted that Woodard’s blood alcohol level in this case was high enough to kill a person. Hayes noted that in Woodard’s prior three drunk driving convictions, she had only served 27 days of upfront jail time.

Hayes told Woodard, “You’re not here today because you’re an alcoholic, you’re here because you’re putting the people of this community in harm’s way.”

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Telgenhof Elected to Third Term as Prosecuting Attorney

Allen Telgenhof was re-elected as Charlevoix County Prosecuting Attorney to serve a third four-year term. Telgenhof, a Republican, ran unopposed for the second consecutive election.

“I want to thank the residents of Charlevoix County for the confidence they have shown in me and in my staff,” Telgenhof said. “I love my job and it is a true honor to work with Charlevoix County law enforcement and to represent the citizens of this county.”

According to Charlevoix County records, Telgenhof was the first person elected to three terms as prosecuting attorney in Charlevoix County since Harvey Varnum in 1972. Varnum was the county’s longest serving prosecuting attorney, service from 1957 to 1975.

Telgenhof has served as prosecuting attorney since 2013, after working as an attorney in private practice since 1989, and in Charlevoix since 1994.

Prior to his election as prosecuting attorney, Telgenhof served on the Charlevoix School Board of Education for eight years, six as president, as well as on the City of Charlevoix Planning Commission, Charlevoix Schools Foundation Board, Charlevoix Schools Steering Committee, Charlevoix Little League Board, Clio Area Board of Education, Clio Area Educational Foundation and as an adjunct professor at North Central Michigan College.

Telgenhof also serves on the Board of Directors for the Prosecuting Attorneys Association of Michigan.

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Petoskey Man Sentenced to Prison for String of Charlevoix County Home Invasions

This morning in the 33rd Circuit Court, Thomas Richard Pettersch, 27, Petoskey, was sentenced to serve 10 to 20 years in prison for a crime spree committed in Charlevoix and Cheboygan Counties in October of 2019.

According to a police affidavit in the case, Pettersch committed 19 home invasions in Charlevoix County which were reported October 27 through the 30th.

The houses were clustered into groups in the Thumb Lake area and an area on the South Arm of Lake Charlevoix. Pettersch stole guns, tools and other personal items.

“The defendant targeted areas of mostly seasonal homes,” Charlevoix County Prosecuting Attorney Allen Telgenhof said. “He went places where no one was likely to be around and gained entry breaking windows, screens or doors.”

Pettersch was arrested after performing a similar crime in Cheboygan County which was seen live via security camera by the victim who called police. The 911 call led to a car chase and his apprehension.

Police located items stolen from the Charlevoix County crimes in his truck as well as his residence in Petoskey once police obtained a search warrant.

On August 28, Pettersch pleaded guilty to home invasion, first degree and two counts of home invasion, second degree and the remaining charges against him were dismissed.

The first degree home invasion charge related to one of the homes where Pettersch stole a firearm which increases the maximum penalty from 15 to 20 years in prison.

“With concurrent sentencing, whether this defendant was found guilty of two second degree home invasions or 25 made no difference in the scoring of the guidelines or his maximum penalty,” Telgenhof said. “With this sentence, the defendant will not be eligible for parole for ten years.”

The court could have ordered that Pettersch’s sentences on the second degree home invasion charges be served consecutively to the first degree home invasion charge, but Judge Roy C. Hayes III declined to use his discretion for this purpose, indicating he felt the 10-year minimum was appropriate under the circumstances.

Records indicated that Pettersch had previously been convicted of similar offenses in Indiana and Florida. He was ordered to pay $62,264.50 in restitution to the victims.

“This was an example of excellent police work by the Charlevoix County Sheriff’s Office, led by Detective Ben Speigl, tying together numerous cases with physical evidence leading to a resolution where the public will be safe from this defendant for quite a while,” Telgenhof said.

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CHARLEVOIX MAN CHARGED WITH ATTEMPTED MURDER

KeNen Michael-Damian Borths, 24, Charlevoix, has been charged with two counts of assault with intent to murder and one count of sending an explosive with intent to damage or destroy property.

The arrest arises from an Aug. 8 incident during which a “Molotov cocktail” was thrown through the window of a residence in the City of Charlevoix.

According to a police affidavit filed in the matter, the explosive device was thrown into a bedroom window where two residents were present. Police responded and found a broken rum bottle with a partially burned towel in the neck and a strong smell of gasoline in the home.

Police later received a tip that Borths may have been the perpetrator and that the motivation for the crime may have been anger related to a domestic situation.

City of Charlevoix Police followed up on the tip with assistance from the Charlevoix County Sheriff’s Office and the FBI.

“I would like to thank all of the agencies who assisted in this investigation, including the Michigan State Police and the Secret Service, as well as Charlevoix County Sheriff’s Office and the FBI,” City of Charlevoix Police Chief Gerard Doan said.

A search warrant was obtained for Borths’ cell phone records including cell tower locations. These records indicated that he was in the May Street area at the time of the incident.

A witness initially supplied an alibi for Borths, but the witness later changed his story and admitted that he drove Borths to May Street and dropped him off. When leaving the vehicle, with a rum bottle smelling of gasoline in his hand, Borths reportedly said that he was “going to take care of business.”

The witness said he then drove further down May Street and waited to pick up Borths. When Borths returned to the vehicle a short time later, he was out of breath and admitted that he had thrown the bottle through a window.

Borths was arraigned this morning and bond was set at one million dollars.

The assault with intent to murder charges carry a maximum penalty of life in prison and charge for sending an explosive has a maximum of 20 years in prison.

A probable cause conference in the matter is scheduled for Sept. 15 and a preliminary examination for Sept. 22.

At this point, the charges against Borths are merely allegations and he is presumed innocent unless and until proven guilty.

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Mancelona Man Charged in Mt. McSauba and AmericInn Break-Ins

Johnny Ray Rossman, 37, Mancelona, was charged yesterday with safe breaking, two counts of breaking and entering with intent to commit a larceny, two counts of larceny in a building and two counts of malicious destruction of personal property $200 or more but less than $1,000.

These charges relate to break-ins at the Mount McSauba ski lodge and the AmericInn Lodge and Suites in Charlevoix Township on July 19, 2020.

Rossman was apprehended yesterday in Mancelona and the court set his initial bond at $200,000.

According to a police affidavit filed in the matter, employees of the children’s summer camp held at Mt. McSauba reported for work on the morning of Monday, July 20 and discovered that someone had broken in through a window, caused damage to items, including a safe, and stole items including an ATV, computer equipment and a case of binoculars.

That same morning, according to the affidavit, employees at the AmericInn found that someone had gained entry to a hotel room and the laundry room by cutting a hole in and removing window screens.

The Charlevoix County Sheriff’s Office investigated and, with the help of citizen witnesses, discovered that it appeared the perpetrator had left Mt. McSauba on the ATV after the burglary there, headed north on Waller Road and then went to the AmericInn on US 31 North.

Police found evidence of the Mt. McSauba theft along that path.

At the room that was entered at the AmericInn, police found five pairs of the binoculars that had been taken from Mt. McSauba.

In August, responding to a tip, police located the stolen ATV at a residence in Hayes Township, leading to the identification and charging of Rossman.

Safe breaking is a felony with a maximum sentence of life in prison. Breaking and entering with intent to commit larceny is a felony with a maximum of 10 years in prison. Larceny in a building is a four-year felony and malicious destruction of person property $200 or more but less than $1,000 is a misdemeanor with a maximum penalty of one year in jail.

Any sentences for the offenses would likely be served concurrently. The charges against Rossman are merely allegations and he is presumed innocent unless and until he is proven guilty.

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Man Charged With Murder Found Not Competent to Stand Trial

The criminal charges against Paul Henry Crest, 83, Bay Township have been dismissed as Crest was found not competent to stand trial.

According to an affidavit filed with the district court, on March 15, 2020, police were called to a home in Bay Township where they found a woman with five apparent gun shot wounds and another with two gun shot wounds. The first was pronounced dead at the scene and the second taken to an area hospital for treatment.

Crest was arrested and charged with open murder, assault with intent to murder and using a firearm during the commission of a felony. Following a request by Crest’s defense counsel, the court ordered that he be evaluated relative to competency to stand trial and criminal responsibility (insanity).

At a competency hearing held on April 28, 2020, the district court received a report from the Center for Forensic Psychiatry indicating that Crest was not competent to stand trial and not capable of being restored to competency within 18 months, the legal limit to keep a criminal case pending under such circumstances.

As such, the court ruled Crest to be incompetent and directed Charlevoix County Prosecuting Attorney Allen Telgenhof to file a petition for mental health treatment, a procedure where the probate court may order a person to be hospitalized.

On June 1, 2020, Crest was evaluated by a doctor who found that he did not fit the statutory definition of a person “requiring treatment” because though he suffers from dementia, he was not homicidal or suicidal on the day of the evaluation.

Based on this opinion, the request for medical treatment was denied. Another attempt by Telgenhof to have Crest admitted to a psychiatric hospital was similarly denied because dementia does not meet the statutory criteria required for admission.

“This is a hole in our system to be sure,” Telgenhof stated. “We have a person who has committed violent offenses but the law does not require they be in prison or in a secure mental health facility.”

“In this situation the Michigan Department of Health and Human Services, working together with the family and their attorney, were able to find appropriate placement through appointment of a public guardian (on July 9) in probate court but this is not how it should have to work, in my opinion.”

“I want to give special thanks to Sheriff Chuck Vondra, Jail Administrator Derek Gaylord and the staff at the Charlevoix County Jail. They have had this defendant in their jail for three months and he is a person who requires special care and they have gone above and beyond while we tried to find an appropriate placement,” Telgenhof said.

Telgenhof said that he has written to area legislators and state legislative leaders asking that they consider changing the laws for these types of situations.

“A person who commits a violent act like this should be required to go to a secure state-run facility. To me that seems obvious,” Telgenhof said. “In this situation, the family’s attorney and the state were left to try to persuade private places to take someone in who potentially presented a risk to others. Not surprisingly no private facilities would take him.”

Only when Telgenhof indicated that he was going to dismiss the case which would result in Crest’s immediate release from jail did high level meetings in Lansing result in a placement.

“Everyone was trying their best, within our laws, to figure things out but we kept running into dead ends. Finally, the upper management at the Department of Health and Human Services agreed to craft a solution even though they were not legally required to do so. I hope that the legislature can fix this to provide guidance and support to prosecutors, jails and DHHS.”

 

 

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Statement of Charlevoix County Prosecuting Attorney Allen Telgenhof Regarding “Stay Home, Be Safe”

In light of Governor Whitmer’s “Stay Home, Stay Safe” executive order of this morning and the actions of Charlevoix County Administration to close the county building, I have directed my co-workers at the Charlevoix County Prosecuting Attorney’s Office to stay home until April 13.

As our office performs essential services such as issuing warrants on criminal complaints and attending court hearings involving incarcerated individuals, I will continue to work myself during this time frame. I can be reached at (231) 547-7207 or by e-mail at telgenhofa@ charlevoixcounty.org.

Assistant prosecuting attorneys and our victim advocate will be also available on an as-needed basis to assist police officers and victims during this time. We stand together with law enforcement to keep our county safe during this difficult time.

I hope that all citizens of Charlevoix County will take this executive order very seriously during this critical period. By limiting our contact with others, we can flatten the curve and decrease the demand that will be placed on our health care system.

The best thing that we can do to fight this virus is to stay home and stay safe.

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