ST. JOHN'S, Mich. – Ionia County prosecutors announced Friday that it will not pursue charges against Clinton County Sheriff Sean Dush in connection to his pistol being found stolen in Lansing, and in a minor’s possession.
According to the Clinton County Prosecutor’s Office — which requested Ionia County handle the case due to the conflict of interest — Dush may have violated Michigan’s Firearm Safe Storage Law by failing to secure his weapon and for allegedly failing to report the theft.
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Prosecutors say the minor was arrested on May 30 by Lansing police while in possession of the stolen pistol. When asked by police where it came from, he said a friend named “Jose” gave it to him for protection from a gang that had been threatening him, telling police he paid $145 for the weapon.
In a later interview, police say he recanted his statements about Jose, instead naming another individual.
A day prior to the minor’s arrest, the St. John’s Police Department conducted a search warrant at the home of the second person named — who is also a minor — in relation to a larceny from a vehicle, receiving and concealing stolen property and unlawfully driving away of a vehicle.
Though officers executing the warrant didn’t have knowledge at the time of the stolen pistol, they did report looking through a trash can placed at the curb of the home that contained a pistol holder which they took photos of but did not seize as it was not the subject of the warrant.
After discovering the stolen pistol belonging to Dush a day later, Lansing police reached out to the St John’s Police Department to inform them, at which point St. John’s police contacted Dush to inform him of the situation. When showed photos of the holster found in the trash, Dush confirmed it to be his, police said.
When asked how the minor could have obtained the weapon, Dush said he kept it in a holster in the center console of his vehicle, which he routinely locks, and wasn’t aware it was missing.
Still, according to the Ionia County Prosecutor’s Office, facts are insufficient to pursue charges against Dush since he wasn’t aware the firearm was stolen, as well as due to a provision of the Firearm Safe Storage Law that excludes situations in which a minor obtains a firearm through unlawful entry of a premises or vehicle. Prosecutor’s also note a lack of material evidence in the case.
“Because the date/time of the theft is unknown, the location of the theft is also unknown. Because the location (premises) of the theft cannot be identified, it is unknown if the Safe Storage Law was even triggered in the first place,” Ionia County Prosecutor Kyle Butler wrote.
Butler added that if more information surfaces in the case, his office would re-review it for potential charges.