By Mary Drier
Staff Writer
MIDLAND — Criminal charges have been field against two of three former Bay City Police officers for their actions last May regarding the loss of Joshua Elzinga’s cell phone during a confrontation with them.
The actions of Keath Bartynski, Donald Aldrich, and Brian Ritchey of Unionville have been under review since the incident happened outside of Steamer’s Pub, 108 N. Linn St., Bay City on May 1 and 2, 2013.
After reviewing the information, Midland County Prosecutor Erik Wallen determined Friday that no charges would be filed against Ritchey, and to file two charges each against both Bartynski and Aldrich regarding their actions.
“While I believe Officer Ritchey used poor judgment and failed to comply with police departmental rules and protocols, no criminal charges are being issued against him,” said Wallen in a prepared statement.
“In addition, Officer Ritchey has been cooperative with authorities and has provided critical information of the events in question.”
Wallen charged Bartynski with one count of “public official – willful failure to uphold the law,” which is a misdemeanor with a penalty of one year and/or $1,000 fine. And, one count of “assault and battery,” which is a misdemeanor with a penalty of 93 days in jail and/or $500 fine.
Wallen charged Aldrich with one count of larceny – $200-$1,000, which is a misdemeanor with a penalty of one year in
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jail and/or $2,000 fine. And, one count “disorderly conduct – drunk,” which is a misdemeanor with a 90-day penalty.
An internal investigation was done by the Bay City Police Department after Elzinga reported the incident and wanted his cell phone back.
The cell phone incident started when Elzinga noticed a police vehicle, allegedly driven by Ritchey, parked on the wrong side of the street. He took a photo of it and placed it on Facebook with the post, “Bay City’s finest illegally parked so hey can flirt with a Bay City bartender, keep it up Brian Ritchey… you’re doing our city proud.”
Initially, the incident was just clowning-around comments between the victim, Ritchey, and Aldrich (who off duty and also at the bar) about Elzinga being a “marked man” and to “step outside…” etc.., but the good-natured mood changed when Ritchey left the bar and returned with Bartynski.
A report of the incident noted that: the officers started putting hands on Elzinga pushing him against the bar, twisted his arm behind his back, taking outside, searching him, and placed him in the cruiser before eventually releasing him. He tried recording that incident on his cell phone but it taken out of his hand and hasn’t been seen since.
Others in the bar also video recorded the incident on their cell phones.
After, Elzinga’s complaint, the three officers were placed on paid administrative leave during the investigation. They each resigned June 17, 2013.
The 148-page internal investigation report confirmed Elzinga’s 13 allegations of “misconduct” by the former officers; but because they had resigned, the department took no action against them.
However, the report was forwarded to the Bay County Prosecutor’s office to review, which sent it on to the Michigan Attorney General’s office to avoid conflict of interest.
From there, the case went to the Michigan Prosecuting Attorney’s Coordinating Council where it was assigned to Midland Prosecutor Michael Carpenter. When Carpenter learned he was appointed as judge of Midland’s 75th District Court to replace Judge John Hart who retired, he could no longer handle the case.
Wallen was selected as prosecutor Jan. 2, and took over the case.
Mary Drier is a staff writer for the Tuscola County Advertiser. She can be reached at drier@tcadvertiser.com.