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Mayor Bound Over For Trial On Assault Charges

Mayor Accused Of Assaulting Police Officer

POSTED: Thursday, August 14, 2008
UPDATED: 6:10 pm EDT August 15, 2008

Wayne County District Court Judge Ronald Giles ruled there is enough evidence for Mayor Kwame Kilpatrick to stand trial on felony assault charges.

The ruling means Kilpatrick now faces trial on 10 felonies in two separate criminal cases in Wayne County Circuit Court. This week brought more calls for his resignation, but the Democratic 38-year-old mayor has steadfastly refused to quit.

On Friday Giles heard testimony from Michigan State Detective Sgt. Twyla Powell, and investigators Joann Kinney and Brian White on Friday morning in 36th District Court.

The mayor's attorneys argued the two officers, Kinney and White, who said they were at Ayanna Kilpatrick's house to serve Bobby Fergusen a subpoena, knew they were going to the wrong house.

The mayor is accused of shoving White into Kinney on July 24 while the officers were trying to deliver the subpoena.

White testified he injured his arm, neck and his hip when the mayor forcefully shoved him into Kinney.

"He grabbed me with both hands around my shoulders and he threw me into investigator Kinney," said White.

While White was on the stand, the defense played audio recordings of calls White made to the Wayne County sheriff's dispatcher after the alleged assault.

The defense attorneys said the tapes prove the recordings show the detective was not traumatized by the incident and he even joked about it.

Thomas noted that in the recordings White's tone of voice proves he was not shocked or shaken by the events.

Thomas also said that the "jokingness" in White's voice shows his intentions and the real reasoning behind the charges that were brought before the mayor.

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

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

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

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

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

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

White said he responded to the mayor by saying, "Our intention is not to harass your family."

Both investigators said Kilpatrick, who is black, repeatedly used the F-word and made racial remarks while demanding they leave his sister's property. White is white.

"You're a black woman," Kinney quoted the mayor as saying. "You should be ashamed of yourself being with a man with the last name White. You should not be a part of this."

Jim Parkman, one of the mayor's attorneys, said he would prove Kilpatrick was "set up" by officers working for the prosecutor's office.

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

"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 news conference to announce the charges.

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.

He will be back in court on Aug. 22.

Soundoff: on new charges against mayor here.

Cox said the alleged assault on July 24 made a mockery of his statement to Giles on 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 the defendant are an assault on the judicial system."

The mayor spent a night in jail last week 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 last Friday 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.

The mayor appeared in court on those charges on Thursday where he and his former chief of staff, Christine Beatty, both pleaded not guilty.

To read the full story on that court appearance click here.

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