Judge denies defense’s motion in police chief case.

December 5, 2016
Pictured (left to right) in 27th Circuit Court are Michigan Assistant Attorney General Oronde Patterson, Defense Attorney Timothy Hayes and former Shelby Police Chief Robert Wilson.

Pictured (left to right) in 27th Circuit Court are Michigan Assistant Attorney General Oronde Patterson, Defense Attorney Timothy Hayes and former Shelby Police Chief Robert Wilson.

Judge denies defense’s motion in police chief case.

#OceanaCountyNews #CourtNews

By Allison Scarbrough. Editor.

HART — Timothy Hayes, the attorney representing fired Shelby Police Chief Robert Wilson, made a motion Monday, Dec. 5, in 27th Circuit Court to quash the district court’s ruling of binding Wilson’s embezzlement case up to the higher court. Circuit Court Judge Anthony A. Monton denied Hayes’ motion.

Wilson’s case was bound over to circuit court during a preliminary conference in 78th District Court last August.

Wilson faces six felony charges, one of which is punishable by up to 15 years in prison, due to allegedly performing fraudulent vehicle inspections. Judge H. Kevin Drake ruled in district court that there was sufficient evidence to move the matter up to the higher court.

Wilson faces one count of embezzlement $50,000-$100,000, which is a 15-year felony, and five counts of motor vehicle code – false certification, each of which are punishable by up to five years in prison.

Hayes argued that the case was bound over by Judge Drake after hearing testimony from only one Shelby village official, administrator Chelsea Stratil, and that Stratil had been employed by the village during only 80 or 90 of the nearly 700 inspections in question. “No council members were present at the preliminary exam,” the attorney argued, stating that the district court “took liberties” when Judge Drake bound the matter over to circuit court.

Michigan State Assistant Attorney General Oronde Patterson, who is handling the prosecution, said, Wilson “admitted that he did not turn over the money. We believe there is probable cause and ask the court to deny the motion.”

Judge Monton agreed with Patterson. “In the court’s opinion, the money flowing from these inspections should go through the police agency. There was testimony that if anyone gave him permission to retain the money ever, the answer was no. Judge Drake did not abuse his discretion. You raise some valid points that could be applicable at the trial, but they are not a basis to quash,” he said to Hayes.

Quash means to annul or make void.

Wilson was fired by the Shelby Village Council with a 5-1 vote last January following an internal investigation that revealed he had allegedly been doing salvage vehicle inspections without notifying the village and without paying the village the money from the inspections.

MSP Detective Sgt. David Johnson of the Hart post conducted the months-long investigation.

Wilson is free on a $10,000/10 percent bond.

A pretrial is set for Jan. 18 at 9 a.m. A trial date has not yet been scheduled.

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