Prosecutor details investigation into uncertified deputy

Don Reid, Coldwater Daily Reporter
·3 min read
3

BRANCH COUNTY — Circuit Judge Bill O'Grady dismissed two cases Friday after allowing defendants to withdraw guilty pleas to felony driving under the influence charges.

The decision followed evidence in a hearing that determined arresting deputy sheriff Timothy Patrick Hann was not certified as a police officer.

Circuit Judge Bill O'Grady
Circuit Judge Bill O'Grady

"Unfortunately, this has become an absolute violation of the public trust in our county," O'Grady said.

"No person should ever be allowed on patrol until leadership has affirmed certification from the Michigan Commission on Law Enforcement Standards," O'Grady, a former state trooper, said. "There's no excuse for that ever."

Prosecutor Zack Stempien said because Hann was not certified, 57 civil infractions, three felonies including the two felony driving under the influence charges, a fleeing and eluding, three misdemeanor driving under the influence charges, and 11 other traffic misdemeanors were illegal.

Because children's names and not officers track probate court juvenile and child welfare cases, that court is reviewing all files from Hann's employment starting Aug. 18, 2023 forward to determine the impact on any of those proceedings,

Timeline of the prosecutor's investigation and sheriff's response

In the 50-minute Friday hearing, Stempien reviewed the timeline and details of his investigation and actions after learning Sunday, Feb. 11, that Hann was not certified.

Stempien did not disclose the source of his information.

The prosecutor's investigator determined Feb. 12, with a call to MCOLES, that Hann was inactive and not certified after he left the Jonesville Police Department on June 8, 2022.

Stempien emailed Sheriff John Pollack that Monday to inform him Hann was not a legal deputy. Stempien would dismiss all active cases with Hann as an arresting officer and notify the courts and defense attorneys as required by the U.S. Supreme Court decisions.

Defense attorney Ryan Bucklin Friday brought a successful motion to dismiss felony drunk driving charges against his client after learning the arresting officer was not certified. Prosecutor Zack Stempien agreed with his motion.
Defense attorney Ryan Bucklin Friday brought a successful motion to dismiss felony drunk driving charges against his client after learning the arresting officer was not certified. Prosecutor Zack Stempien agreed with his motion.

Stempien offered to hold off until Wednesday, Feb. 14, for Pollack to verify the information. "I think going forward, this issue can be remedies (sic), but presently we are in a tough spot," Stempien wrote in the emails obtained by the Daily Reporter in a Freedom of Information Act request.

Pollack emailed back the morning of Feb. 13, accusing Stempien of unfairly attacking the sheriff's staff on Hann and another matter. "I do not want to get into a barb-throwing email chain, so might I suggest we get together and review each of your issues to see if there may be a misunderstanding or if these issues could be addressed to both our satisfaction without injuring our working relationship?"

Stepien did not detail or answer questions on the record about the other matter.

Stempien offered to meet on Feb. 15 after a Wednesday meeting with local police chiefs, but Pollack had an appointment.

Stempien was in court on Feb. 16, but they agreed to meet at 9 a.m. on Feb. 17.

A check of 911 dispatch logs showed Hann worked as a patrol officer until Thursday, Feb. 16, after Stempien notified Pollack Hann was not a certified officer four days earlier.  That was the day Pollack received a warning letter from MCOLES about Hann.

Prior story Sheriff said he was not aware deputy was not certified

Pollack told the Daily Reporter last week he had notified Branch County Courts Hann was not a certified officer

Stempien told O'Grady in court Friday, "I can tell you that I verified with each of the courts that there was no notice to any of them about this issue until I told them. That would have been around the Feb. 16 date."

O'Grady said the sheriff never informed him or his office of Hann's lack of certification.

Subscribe Follow this story. Subscribe to the Daily Reporter.

The sheriff transferred Hann to the correction department, where no MCOLES certification is necessary.

The sheriff fired Hann on March 1 for an unrelated matter, he said.

Tomorrow, the Daily Reporter will examine Hann's firing and potential civil and criminal liabilities from his tenure with the Branch County Sheriff's office.

-- Contact Don Reid: dReid@Gannett.com 

This article originally appeared on Coldwater Daily Reporter: Uncertified deputy hearing draws comments from judge and prosecutor