GRAND RAPIDS, Mich. - A special prosecutor announced his findings after a review of a drunk driving case involving a former Kent County Assistant Prosecuting Attorney.
Jeffrey Getting, the Kalamazoo County Prosecutor, released the findings Wednesday morning. Getting was appointed to review the case from outside of Kent County, and announced no charges will come against three officers after an incident in November of last year.
“The bottom line here, with regards to the officer’s actions that night with Josh Kuiper, is that the police were under no obligation to make an arrest," said Getting.
Joshua Kuiper was allegedly driving the wrong-way on Union Avenue on November 19, when he struck a parked car, injuring a person getting out of the car. Kuiper was given a ticket and then escorted to a relative's home by officers, but was not arrested.
Getting says that he is recommending two more charges against Kuiper, Reckless Driving Causing Serious Injury and a Moving Violation Causing Serious Injury. The first charge is a felony punishable with up to five years in prison. The second is a misdemeanor with a possible penalty of 93 days in prison.
Getting says that three police officers who were on duty that evening and only ticketed Kuiper, but did not arrest him, were wrong in their actions, but did not commit any crimes.
“So the officers have authority to make an arrest right?" said Getting. "But it says that they ‘may.’ It does not say that they ‘shall.’ It does not say that they have to.”
Grand Rapids Police Chief David Rahinsky and City Manager Greg Sundstrom have recommended that the three officers involved, Sgt. Thomas Warwick, Lt. Michael Janiskee and Officer Adam Ickes, be fired for their actions that evening. They have been suspended without pay.
We'll have more details on later editions of FOX 17 News.