GRAND RAPIDS TOWNSHIP, Mich. — In a preliminary hearing Wednesday, a 63rd District Court judge bound over to Circuit Court the criminal cases against Suriya and Majer Davenport, ruling the father and son should stand trial for charges stemming from a property dispute between them and a neighbor.
"I will start by saying, thank goodness no one was shot. Thank goodness no one was killed," said Judge Jeffrey O'Hara at the conclusion of the hearing. "This didn't have to happen."
The 48-year-old Suriya and the 19-year-old Majer face charges for resisting arrest—a felony— and two counts of misdemeanor assault. In addition, Suriya's 24-year-old son, Suriya Davenport Jr., faces charges for resisting arrest and two counts of assault, all misdemeanors.
On Sunday, March 10, tensions between the Davenports and the Butlers, a neighboring family who owns easement on the Davenport property, reached a "boiling point," according to Kishara Davenport, a representative for the family.
The Butlers routinely drive on the 35-foot wide, 500-plus-foot long easement, allowing them to access land located behind the Davenport property.
That day, Brett Butler called the Kent County Sheriff's Office to ask for supervision while he and his sons removed landscaping stones placed by the Davenports along a two-track on the easement. Butler claimed the stones blocked the wider path needed for his trailer.
In an incident report, Kent County dispatch details the phone call, saying Butler told them "neighbor is going to flip his lid when they show up."
The Davenports said they laid down the stones to prevent the Butlers from further driving off the two-track and onto their lawn, damaging the grass.
While deputies told Butler to wait for a better day, he proceeded to remove the landscaping stones with a tractor while three of his sons watched.
When Suriya Davenport saw Brett on the tractor, he confronted the family, allegedly shoving Brett and his son, James, telling them to "get the [expletive] off my property."
Soon after, Majer Davenport showed up to the scene with a handgun, allegedly pointing it at the Butlers and "pistol whipping" Brett, according to testimony.
"I was in fear for my life," Brett said in court. "I chose not to fight back for fear I would certainly get shot."
Presented in court, cell phone video from the incident also shows Suriya Davenport appearing to punch and choke Brett Butler, and Butler running over Suriya's foot with the tractor.
Deputies also say Suriya Jr. drove up to the scene and spat at James Butler, calling him "racial slurs," according to an incident report.
When five Kent County deputies arrived at the property carrying semi-automatic rifles, they arrested the Davenports, shouting at them to "come over here" and "get on the ground" in a series of exchanges that lasted several minutes.
"It was just a lot of unfairness going on," Kishara Davenport said. "I just feels very unjust."
Speaking on behalf of her family, Kishara said the nature of her father's and brother's arrests appeared "racially motivated."
"It was a hostile environment, but eventually everyone complied," she said in a Wednesday interview with FOX 17. "It wasn't an environment where it felt like they should've been automatically arrested on their own property."
The family also claims Brett Butler has called deputies to the Davenport property "maybe 20 to 30" times because "he definitely doesn't want [us] to be there."
Conversely, the Davnports say that when they call the police for help with the Butlers, they have a hard time finding official assistance.
While Brett Butler testified that his relationship with the Davenports is "extraordinarily hostile, he said, "I have no issues with him other than [Suriya's] continued intimidation, harassment, assautling us and blocking us access to our property."
The trial dates for Suriya and Majer Davenport have not yet been set.
FOX 17 has requested from law enforcement the aforementioned 911 phone calls related to the Davenport residence.
