The epidemic of mentally unstable cops continues and the federal government does nothing to stop it
Judge upholds lower court ruling; case against officer charged with assault will proceed
By Danielle Salisbury
OFFICER CHARGED WITH ASSAULT
• Circuit judge reviewing lower court ruling in case of public safety officer charged with felonious assault
• Blackman-Leoni officer accused of felonious assault pointed gun at floor while giving fellow officer 'eerie stare', testimony reveals
• Blackman-Leoni public safety officer charged with felonious assault against co-worker
JACKSON, MI – Officer Brent Doxtader's behavior the day he allegedly assaulted a co-worker was "unusual, even manic," Jackson County Circuit Judge Thomas Wilson wrote in a decision issued Friday, Jan. 16.
Wilson found District Judge R. Darryl Mazur did not abuse his discretion by ruling there was probable cause to believe Doxtader, a Blackman-Leoni Township public safety officer, committed felonious assault when, behaving strangely, he unholstered his duty weapon Jan. 19, 2014, and stared at Detective David Lubahn.
The lower court's ruling, spoken at a September preliminary examination, was "not violative of fact or logic," states Wilson's opinion, written in response to a motion by Doxtader's attorney, Michael Vincent, to overrule Mazur's finding.
Had Wilson granted the motion, the charge, absent a successful appeal, would have been dismissed.
A special prosecutor, assigned at Jackson County Prosecutor Jerry Jarzynka's request, charged Doxtader in July with felonious assault, punishable by a maximum prison term of four years.
About 1:50 a.m., Doxtader entered the living quarters at the Leoni Township fire station on Fifth Street, approached Detective Robert Shrock, shook his hand and patted Shrock on the shoulder, according to the opinion. He then "bear-hugged" Lubahn, knocking off Lubahn's glasses.
Doxtader stepped back about 6 feet, unholstered his gun and pointed it at the ground. After staring at Lubahn for several silent moments, Doxtader announced he was there to "f--- something up."
At Lubahn's nervous suggestion, the men walked to the department fire truck, and when they returned to the living quarters, Doxtader "continued to act rambunctiously," punching one of the walls and reiterating his desire to "f--- something up," the opinion states.
Wilson acknowledged a video of the incident shows Doxtader in an "excited, happy mood," but his actions taken as a whole are sufficient to demonstrate he attempted to "commit a battery" or caused a reasonable person to "fear or apprehend an immediate battery."
"His behavior was unusual, even manic, and all of it took place while (Doxtader) had his own gun out and was standing next to Detective Lubahn's unholstered gun," the decision states.
During a December hearing, Vincent contended Doxtader was acting "weird," but was neither homicidal nor suicidal. His actions were, at most, a violation of department rules, the attorney said.
Washtenaw County Assistant Prosecutor Brenda Taylor said Lubahn made the only reasonable conclusion, that his life was in danger.
A jury should be allowed to decide his guilt or innocence, she said, and Wilson's decision assures it could.
In the meantime, Doxtader remains a department employee. He is suspended without pay pending the outcome of the criminal case, Deputy Director Jon Johnston earlier