Former Oxford Police Chief Gary Ford is expected to plead no contest Friday, Dec. 19 to a misdemeanor in exchange for having a felony charge dropped.
If the court accepts the deal, Oakland County Assistant Prosecutor Paul Walton said he’ll be “satisfied” because “we’ll have convicted him of violating the public trust, which is what we set out to do.”
Ford faces one count each of misconduct in office, a felony, and willful neglect of duty, a misdemeanor, in a trial that was supposed to begin Friday, Dec. 5 before Oakland County Circuit Court Judge Patrick J. Brennan.
However, the trial was postponed for two weeks because the ailing mother of Christopher Andreoff, Ford’s defense attorney, passed away.
The charges against the ex-chief stem from a Jan. 5, 1999 incident in which former Oxford Police officer Kelly Sexton pulled over Martin Scypinski, an Oxford man suspected of drunken driving.
During the traffic stop, Scypinski allegedly tried to pass his cell phone to Sexton, explaining that Ford was on the line and wished to speak with her.
Sexton ignored Scypinski’s claim and continued to perform her duty.
Ford then allegedly contacted the police dispatch center and allegedly instructed dispatcher Dan Kupiec to send Sexton two messages via the Mobile Data Terminal, a computer mounted in the patrol car.
The first message read, “The chief called and asked if you can cut this guy a break and drive him home. He’d appreciate it. If not, no problem.”
The second read, “The chief states this guy is a supporter of the (police and fire) millage. If you want you can call the chief at home.”
Sexton testified in Ford’s preliminary examination that because of Ford’s messages she did not arrest Scypinski, whose Blood Alcohol Level was “over the legal limit” according to a Preliminary Breathlyzer Test she administered, and drove him home despite a departmental “no tolerance” policy for drunken driving.
Walton said the plea bargain offer was suggested by Andreoff and subsequently negotiated by the two parties.
The prosecutor explained why the offer to drop the felony in exchange for a no-contest plea to a misdemeanor was accepted by his office.
Misconduct in office (felony) is a “common law offense” whereas willful neglect of duty (misdemeanor) is a “statutory offense,” Walton said.
In light of recent rulings handed down by the Michigan Court of Appeals, Walton said it’s “very conceivable the felony could be thrown out” if Ford was convicted of both crimes because the higher court decided that when common law and statutory charges are applied to same offense, the defendant must be charged with the latter.
Also, the prosecution said in order to convict Ford of the felony it would have to be proven that the ex-chief had a “malicious state of mind” when he directed the messages be transmitted to Sexton.
In other words, it would have to be proven that Ford committed a “purposeful act.”
In contrast, with the misdemeanor charge, it must be proven that Ford “knowingly interfered” with the officer’s ability to perform her duty, Walton explained.
Even if Ford was convicted of the felony charge, Walton said it’s “unlikely” the ex-chief would be sentenced to more than a year in prison because it would be his first offense.
“The misdemeanor would encompass that” because its maximum penalty is one year in Oakland County Jail, said the prosecutor.
Walton reiterated that a no-contest plea “achieves our goal of making sure he’s convicted,” adding that it also gives Ford “no right of appeal.”