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Detroit Mayor Charged With Assaulting Deputy

Judge Orders $25,000 Bond

POSTED: Thursday, August 7, 2008
UPDATED: 6:13 pm EDT August 8, 2008

Calling it a simple but serious case, Michigan's attorney general on Friday charged Detroit Mayor Kwame Kilpatrick with assault after police say he shoved a detective trying to deliver a subpoena to the mayor's friend.

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Attorney General Mike Cox announced the charges only minutes after a judge ruled Kilpatrick could be released from jail in another case if he pays a $50,000 cash bond in a perjury case.

The mayor faces two felonious counts of assaulting or obstructing a police officer in the furtherance of their duties.

If convicted, Kilpatrick would face up to two years in prison, and as a convicted felon would no longer be able to serve as Detroit's mayor.

During Friday's arraignment at 36th District Court, Kilpatrick did not appear in person but was seen on a video screen. He was at the Wayne County Jail. He wore a suit and stood with his hands folded in front of him, while Magistrate Renee McDufee entered a not guilty plea on behalf of Kilpatrick and set his next court date for Aug. 15.

She also ordered a $25,000 bond, although a 10 percent payment of the amount was allowed, and adopted the conditions of Judge Thomas Jackson's earlier ruling Friday, that Kilpatrick must wear a tether and is not permitted to travel, for violating the terms of his bond in a separate case.

Kilpatrick was ordered not to have contact with the plaintiffs in this case.

Soundoff: on new charges against mayor Here.

"The facts here are simple and straight forward. This is a simple case," said Cox in reference to the other criminal case pending against the mayor.

Cox said although nobody suffered major injuries, it's a serious allegation.

"In my almost 20 years, first as a prosecutor and now as an attorney general ... I cannot recall ever seeing let alone hearing of a situation where a police officer trying to serve a subpoena was assaulted," Cox said at a press conference to announce the charges.

Cox authorized the charges after state police wrapped up an investigation into the alleged assault.

Detective Brian White and Investigator Joann Kinney detailed their version of the alleged assault on July 24 to Michigan State Police.

White and Kinney were ordered to serve a subpoena to Kilpatrick's friend Bobby Ferguson, to serve as a witness for Kilpatrick's upcoming perjury and obstruction of justice trial.

The investigators said they saw a truck with "Team Ferguson" on it at 7435 LaSalle in Detroit.

The home belonged to the mayor's sister, Ayanna Kilpatrick. They identified themselves to the mayor's security detail, and were escorted to the porch.

Cox said that Ayanna Kilpatrick's husband, Daniel Ferguson, came to the door, and then they heard screaming and expletives coming from inside the house.

White and Kinney said Kilpatrick came storming through the door and grabbed detective White and pushed him into Kinney.

Cox said Kilpatrick continued to scream profanities at him and said, "Get the (expletive) out of here. Leave my (expletive) family alone. Get off my (expletive) porch."

Cox said Kilpatrick's alleged assault on July 24 made a mockery of his statement to Judge Ronald Giles Thursday, when he said, "I don't believe there is a person who has ever been through this process that respects it more than I do."

Cox continued to say, "Our criminal justice system is a victim in this case. Actions of defendant are an assault on the judicial system."

"If they want to bring the charges, let's go. It's the only way to get it resolved," attorney Jim Parkman said.

Cox said he could see no reason why the case couldn't proceed to trial within 90 days.

A Chrysler 300 luxury car drove the mayor from county jail Friday afternoon, straight to the city county building to tend to city business and address his staff.

The mayor's office sent out a statement regarding Kilpatrick's return.

"Mayor Kilpatrick returned to his office at the Coleman A. Young Municipal Center this afternoon. The Mayor took a few moments to address directors, deputy directors, and his 11th floor staff. Mayor Kilpatrick thanked his team for their continued commitment and focus on moving the City of Detroit forward. He told the staff he plans to continue his work on moving an aggressive agenda forward for the city of Detroit."

The mayor spent Thursday night in jail for violating his bond terms when he went to Canada on a quick business trip on July 23, without notifying prosecutors or the court.

Jackson ruled Friday morning the mayor released from jail, but issued a new bond. The mayor was told he must pay a $50,000 cash bond, no longer will be able to travel, and will have to wear a tether.

To read full story about judge's ruling click here.

Kilpatrick is already facing perjury, misconduct and obstruction of justice charges for another incident in which he is accused of lying under oath while testifying at a whistle-blower lawsuit last year.

For anyone keeping score, it means the leader of the nation's 11th-largest city now faces 10 felonies in two separate cases.

The City Charter says a felony conviction is enough to evict a mayor from office. The City Council already wants to bounce Kilpatrick on other grounds. And Gov. Jennifer Granholm, acting under a little-used state law, has scheduled a Sept. 3 hearing that could lead to his removal for misconduct.

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