Habitual batterer and the bloody woman in Marquette, MI: Arrests in past 24 hours include a man just out of federal prison for habitual DV is found with a bloody woman, past Meth dealers in trouble again – and arrests for child abuse and sexual assault

URGENT U. P. Breaking News Bulletin – 3-6-18 – 10:35 p.m.

Violence across Marquette County in past 24 hours: From allegations of child abuse and sexual assault to all kinds of assault and battery, some with meth history- including habitual offender just gets out of federal prison found in a car by Marquette Police with bloody woman

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – In the past 24 hours, police have dealt with a lot of violence in Marquette County involving women and children – and many have a well-known public history including a habitual domestic violence convict, a meth dealer, and a guy who crashes a car into a Gwinn bar and tried to flee – fought with cops.

Due to the criminal history, some of these guys have longer stories than usual.

——-

A Marquette County man has been arrested again on federal charges supervised release violation charges for yet another incident with a bloody woman – this after going to prison in 2013 for being a “habitual batterer” for beating women including at the Keweenaw Bay Indian Community (KBIC).

****U.P. Breaking News has been unable to find a photo of Bradley Joseph Hase, and we’d like one. Remember anyone who can provide us a photo – we never, ever reveal sources

Some of his victims were female tribal members – while Hase is white (non-tribal).

47-year-old Bradley Joseph Hase of Marquette, MI was booked into the Marquette County Jail (MCJ) at 7:12 p.m. ET Monday, March 5, 2018.
Hase apparently was just released from federal prison.
Hase is being held without bond on a federal detainer.

Read the federal documents or download then for details – we paid for them:

Filed 3-6-18 – Hearing set for 3-8-18 for Bradley Joseph Hase

3-5-18 Federal arrest summons for Bradley Joseph Hase

Hase has been ordered to appear for a revocation of supervised release hearing before U.S. Magistrate Judge Timothy P. Greeley on Tuesday, March 8, 2018.

Hase was arrested by Marquette Police on March 2, 2018 after he was discovered with alcohol in his blood (allegedly .176) – a direct violation of his supervised release conditions after recently being sprung after serving five years federal prison.

Hase denied he attacked a bloody woman in the car – and the alleged victim – Renee Bressette said she was injured falling at Remillard’s Bar and in the front seat of the car.

A passerby had called police to report a man was not allowing a woman to get out of a car. Bressette had injured bloody lips, blood in her hair, and police found blood in the vehicle. Both were intoxicated. Hase had cuts on abrasions on his forehead and hands – that he said resulted in a bar fight with two men a short while earlier.
On Oct.18, 2013, was order jailed following his September 4, 2013 indictment for assault with a dangerous weapon and domestic assault – habitual offender. The order came from U.S. Magistrate Judge Timothy P. Greeley at federal court in Marquette Michigan.

In March 2014, Hase, then 43 years old, was sentenced to five years in federal prison without parole and then three years supervised released by U.S. District Judge Robert Holmes Bell in Marquette.

The habitual batterer was charged by federal prosecutors in Marquette under a crackdown on violence against women happening on tribal lands by then U.S. Attorney Patrick A. Miles, Jr.

The Marquette federal prosecutor is Assistant U.S. Attorney Paul D. Lochner who still specializes in these cases with Assistant U.S. Attorney Hannah Bobee.

On November 6, 2013, Hase pleaded guilty to count two of a federal indictment charging him with domestic assault by an habitual offender.

On February 3, 2013, Hase violently assaulted a KBIC women at a residence in Marquette County on KBIC reservation land. Hase assaulted his girlfriend including grabbing her by the face and throat and pulling out her hair.

At that point, Hase had been convicted twice of domestic violence offenses in the Marquette County 96th District Court and was on probation for one of those offenses at the time of the assault in this case.

The case was investigated by the Marquette FBI office, KBIC Tribal Police and the Chocolay Township Police Department.

https://www.justice.gov/usao-wdmi/pr/2014_0326_BHase.html
https://www.gpo.gov/fdsys/pkg/USCOURTS-miwd-2_13-cr-00005/pdf/USCOURTS-miwd-2_13-cr-00005-0.pdf
https://www.gpo.gov/fdsys/pkg/USCOURTS-miwd-2_13-cr-00005/pdf/USCOURTS-miwd-2_13-cr-00005-1.pdf

——-

A convicted meth dealer who was released from prison about 4 months ago has been busted on a parole violation.

The man has admitted he needs help because Meth is an addictive, terrible, one helluva drug that destroys lives. Meth sucks the life out of its users.

28-year-old Corey Allen Racine of Gwinn, MI was booked into the Marquette County Jail (MCJ) at a.m. ET Tuesday, March 6, 2018.
Racine is booked on an inmate detainer/parole violation.
Bond for Racine is not set
On July 22, 2016, convicted meth dealer Corey Racine was sentenced to three to 20 years in state prison after pleading guilty and admitting meth is a terrible addiction and he wanted help.

Corey Allen Racine

Corey Allen Racine

If he behaved, Racine was eligible to serve time at a state boot camp under the Special Alternative Incarceration program. He pleaded guilty to delivery and manufacture of methamphetamine for an incident on Oct. 12, 2015.

Racine was paroled to Marquette County on Oct. 24, 2017 with two years left on his probation/parole. Racine’s probation was scheduled to run through April 24, 2019.

His supervised release conditions including the usual restrictions like do not do drugs or alcohol, can’t possess weapons or commit crimes, never hang with other convicted felons, and even has a tether provision.

https://mdocweb.state.mi.us/otis2/otis2profile.aspx?mdocNumber=974925

——-

Two men have booking info for the exact same time of arrest – not sure if the cases are connected:

Kirk William Bragenzer

Kirk William Bragenzer

A Gwinn man is back in trouble after making the news when he crashed his car into a bar and then struggled with cops.

27-year-old Kirk William Bragenzer of Gwinn, MI was booked into the Marquette County Jail (MCJ) at 12:10 p.m. ET Tuesday, March 6, 2018.

Bragenzer is charged with first-degree home invasion, illegal entry, felony firearms weapons charge, convicted felon in possession of a weapon, and possession of marijuana.
Bond is not set for most of the charges against Bragenzer.

In Oct. 2016, Bragenzer, then 25 years old, was arrested on charges of two-year felony assaulting police/resisting arrest and obstructing, and two two-year misdemeanors – operating a motor vehicle while intoxicated and unlawful use of motor vehicle.

During the midnight hour on Oct. 13, 2016, Forsyth Township Police were told a vehicle has crashed into the Happy Hour Bar on M-35, in Gwinn. Bragenzer then fled the scene in his green Toyota – but the trashed auto stopped working in a nearby parking lot. Bragenzer had taken the now destroyed car without the owner’s permission.
Meanwhile In Sept. 2015, Bragenzer, then 24, was sentenced to 93 days in jail for a June 18, 2015 arrest for breaking and entering without owner’s permission.

——-

Joshua Daniel Haske

Joshua Daniel Haske

27-year-old Joshua Daniel Haske of Skandia, MI was booked into the Marquette County Jail (MCJ) at 12:10 p.m. ET Tuesday, March 6, 2018.

Haske is charged with domestic assault.

Bond has not been set for Haske.

Details of the alleged assault have not been released.

——-

35-year-old Pedro Joseph Fermino of Ishpeming, MI was booked into the Marquette County Jail (MCJ) at 11:45 p.m. ET on Tuesday, March 6, 2018.

Fermino is charged with domestic assault and driving with a suspended/revoked license.

Details of the alleged assault have not been released.

If you have a photo of Fermino please slip it to us.

——-

A Negaunee man, with a meth past, is arrested for the second time in three months – this time for CSC and assault.

27-year-old Tyler Michael Tull of Negaunee, MI was booked into the Marquette County Jail (MCJ) at 10:13 a.m. ET Tuesday, March 6, 2018.
Tull is charged with fourth-degree criminal sexual conduct (CSC) and assault and battery.
Bond is not set for Tull.
Tull was sentenced to a year in prison in May 2015 for possession of analogues.

http://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=971181
https://upperpeninsulabreakingnews.wordpress.com/2017/12/04/accused-of-attacking-a-woman-stealing-two-convicts-one-a-federal-fugitive-and-another-with-a-recent-meth-related-conviction-in-alger-county-busted-on-domestic-violence-and-shopli/

It was only three months ago that Tull was arrested and we did a story:

27-year-old Tyler Michael Tull of Negaunee, MI remains jailed tonight after being booked into the MCJ about 6:30 p.m. on Sun., Dec. 3, 2017.
Tull is charged with one count each of first degree retail fraud and domestic assault. Bond is not set.
Tull is an active parolee/probationer with the state of Michigan in connection with a meth investigation in Alger County.
Tull was sentenced in Alger County in January 2016 and received a “discharged status” on January 10, 2017.
Records conflict but it appears Tull spent a year in prison.

——-

John Roland O'Neill

John Roland O’Neill

46-year-old John Roland O’Neill of Ishpeming, MI was booked into the Marquette County Jail (MCJ) at p.m. ET Monday, March 5, 2018.

O’Neill is charged with fourth-degree child abuse.

Bond for O’Neill is $5,000.

——-

Eugene Walter Lefler

Eugene Walter Lefler

28-year-old Eugene Walter Lefler of Marquette, MI was booked into the Marquette County Jail (MCJ) at 5:20 p.m. ET Monday, March 5, 2018.

Lefler is charged with felony aggravated assault.

Bond for Lefler is not set.

In October 2016, Lefler, then 27 and of Gwinn, was sentenced to at least 90 days in jail (and up to one year) for a July 2016 attack involving aggravated assault and domestic violence.

Lefler also received two years probation and $2,100 in fines/costs.

 

——-

fyi
We wre going to report the arrest of two Marquette County men – but decided not to lump them with the violence above – even though they are facing charges that are serious enough.

They are charged with failure to return rental property valued between $200 and $1,000; and the other was felony third offense of drunken driving charge – operating a motor vehicle while impaired (OWI). The second charge being particularly troubling. We also understand Forsyth Township Police are looking for a CSC suspect – more on that later.

Habitual batterer and the bloody woman in Marquette, MI: Arrests in past 24 hours include a man just out of federal prison for habitual DV is found with a bloody woman, past Meth dealers in trouble again – and arrests for child abuse and sexual assault

URGENT U. P. Breaking News Bulletin – 3-6-18 – 10:35 p.m.

Violence across Marquette County in past 24 hours: From allegations of child abuse and sexual assault to all kinds of assault and battery, some with meth history- including habitual offender just gets out of federal prison found in a car by Marquette Police with bloody woman

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – In the past 24 hours, police have delt with a lot of violence in Marquette County ivolving women and children – and many have a well-known public history including a habitual domestic violence convict, a meth dealer, and a guy who crashes a car into a Gwinn bar and tried to flee – fought with cops.

Due to the criminal history, some of these guys have longer stories than usual.

——-

 

A Marquette County man has been arrested again on federal charges supervised release violation charges for yet another incident with a bloody woman – this after going to prison in 2013 for being a “habitual batterer” for beating women including at the Keweenaw Bay Indian Community (KBIC).

****U.P. Breaking News has been unable to find a photo of Bradley Joseph Hase, and we’d like one. Remember anyone who can provide us a photo – we never, ever reveal sources

Some of his victims were female tribal members – while Hase is white (non-tribal).

47-year-old Bradley Joseph Hase of Marquette, MI was booked into the Marquette County Jail (MCJ) at 7:12 p.m. ET Monday, March 5, 2018.
Hase apparently was just released from federal prison.
Hase is being held without bond on a federal detainer.

Read the federal documents or download then for details – we paid for them:

Filed 3-6-18 – Hearing set for 3-8-18 for Bradley Joseph Hase

3-5-18 Federal arrest summons for Bradley Joseph Hase

Hase has been ordered to appear for a revocation of supervised release hearing before U.S. Magistrate Judge Timothy P. Greeley on Tuesday, March 8, 2018.

Hase was arrested by Marquette Police on March 2, 2018 after he was discovered with alcohol in his blood (allegedly .176) – a direct violation of his supervised release conditions after recently being sprung after serving five years federal prison.

Hase denied he attacked a bloody woman in the car – and the alleged victim – Renee Bressette said she was injured falling at Remillard’s Bar and in the front seat of the car.

A passerby had called police to report a man was not allowing a woman to get out of a car. Bressette had injured bloody lips, blood in her hair, and police found blood in the vehicle. Both were intoxicated. Hase had cuts on abrasions on his forehead and hands – that he said resulted in a bar fight with two men a short while earlier.
On Oct.18, 2013, was order jailed following his September 4, 2013 indictment for assault with a dangerous weapon and domestic assault – habitual offender. The order came from U.S. Magistrate Judge Timothy P. Greeley at federal court in Marquette Michigan.

In March 2014, Hase, then 43 years old, was sentenced to five years in federal prison without parole and then three years supervised released by U.S. District Judge Robert Holmes Bell in Marquette.

The habitual batterer was charged by federal prosecutors in Marquette under a crackdown on violence against women happening on tribal lands by then U.S. Attorney Patrick A. Miles, Jr.

The Marquette federal prosecutor is Assistant U.S. Attorney Paul D. Lochner who still specializes in these cases with Assistant U.S. Attorney Hannah Bobee.

On November 6, 2013, Hase pleaded guilty to count two of a federal indictment charging him with domestic assault by an habitual offender.

On February 3, 2013, Hase violently assaulted a KBIC women at a residence in Marquette County on KBIC reservation land. Hase assaulted his girlfriend including grabbing her by the face and throat and pulling out her hair.

At that point, Hase had been convicted twice of domestic violence offenses in the Marquette County 96th District Court and was on probation for one of those offenses at the time of the assault in this case.

The case was investigated by the Marquette FBI office, KBIC Tribal Police and the Chocolay Township Police Department.

https://www.justice.gov/usao-wdmi/pr/2014_0326_BHase.html
https://www.gpo.gov/fdsys/pkg/USCOURTS-miwd-2_13-cr-00005/pdf/USCOURTS-miwd-2_13-cr-00005-0.pdf
https://www.gpo.gov/fdsys/pkg/USCOURTS-miwd-2_13-cr-00005/pdf/USCOURTS-miwd-2_13-cr-00005-1.pdf

——-

A convicted meth dealer who was released from prison about 4 months ago has been busted on a parole violation.

The man has admitted he needs help because Meth is an addictive, terrible, one helluva drug that destroys lives. Meth sucks the life out of its users.

28-year-old Corey Allen Racine of Gwinn, MI was booked into the Marquette County Jail (MCJ) at a.m. ET Tuesday, March 6, 2018.
Racine is booked on an inmate detainer/parole violation.
Bond for Racine is not set
On July 22, 2016, convicted meth dealer Corey Racine was sentenced to three to 20 years in state prison after pleading guilty and admitting meth is a terrible addiction and he wanted help.

Corey Allen Racine

Corey Allen Racine

If he behaved, Racine was eligible to serve time at a state boot camp under the Special Alternative Incarceration program. He pleaded guilty to delivery and manufacture of methamphetamine for an incident on Oct. 12, 2015.

Racine was paroled to Marquette County on Oct. 24, 2017 with two years left on his probation/parole. Racine’s probation was scheduled to run through April 24, 2019.

His supervised release conditions including the usual restrictions like do not do drugs or alcohol, can’t possess weapons or commit crimes, never hang with other convicted felons, and even has a tether provision.

https://mdocweb.state.mi.us/otis2/otis2profile.aspx?mdocNumber=974925

——-

Two men have booking info for the exact same time of arrest – not sure if the cases are connected:

Kirk William Bragenzer

Kirk William Bragenzer

A Gwinn man is back in trouble after making the news when he crashed his car into a bar and then struggled with cops.

27-year-old Kirk William Bragenzer of Gwinn, MI was booked into the Marquette County Jail (MCJ) at 12:10 p.m. ET Tuesday, March 6, 2018.

Bragenzer is charged with first-degree home invasion, illegal entry, felony firearms weapons charge, convicted felon in possession of a weapon, and possession of marijuana.
Bond is not set for most of the charges against Bragenzer.

In Oct. 2016, Bragenzer, then 25 years old, was arrested on charges of two-year felony assaulting police/resisting arrest and obstructing, and two two-year misdemeanors – operating a motor vehicle while intoxicated and unlawful use of motor vehicle.

During the midnight hour on Oct. 13, 2016, Forsyth Township Police were told a vehicle has crashed into the Happy Hour Bar on M-35, in Gwinn. Bragenzer then fled the scene in his green Toyota – but the trashed auto stopped working in a nearby parking lot. Bragenzer had taken the now destroyed car without the owner’s permission.
Meanwhile In Sept. 2015, Bragenzer, then 24, was sentenced to 93 days in jail for a June 18, 2015 arrest for breaking and entering without owner’s permission.

——-

Joshua Daniel Haske

Joshua Daniel Haske

27-year-old Joshua Daniel Haske of Skandia, MI was booked into the Marquette County Jail (MCJ) at 12:10 p.m. ET Tuesday, March 6, 2018.

Haske is charged with domestic assault.

Bond has not been set for Haske.

Details of the alleged assault have not been released

——-

A Negaunee man, with a meth past, is arrested for the second time in three months – this time for CSC and assault.

27-year-old Tyler Michael Tull of Negaunee, MI was booked into the Marquette County Jail (MCJ) at 10:13 a.m. ET Tuesday, March 6, 2018.
Tull is charged with fourth-degree criminal sexual conduct (CSC) and assault and battery.
Bond is not set for Tull.
Tull was sentenced to a year in prison in May 2015 for possession of analogues.

http://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=971181
https://upperpeninsulabreakingnews.wordpress.com/2017/12/04/accused-of-attacking-a-woman-stealing-two-convicts-one-a-federal-fugitive-and-another-with-a-recent-meth-related-conviction-in-alger-county-busted-on-domestic-violence-and-shopli/

It was only three months ago that Tull was arrested and we did a story:

27-year-old Tyler Michael Tull of Negaunee, MI remains jailed tonight after being booked into the MCJ about 6:30 p.m. on Sun., Dec. 3, 2017.
Tull is charged with one count each of first degree retail fraud and domestic assault. Bond is not set.
Tull is an active parolee/probationer with the state of Michigan in connection with a meth investigation in Alger County.
Tull was sentenced in Alger County in January 2016 and received a “discharged status” on January 10, 2017.
Records conflict but it appears Tull spent a year in prison.

——-

John Roland O'Neill

John Roland O’Neill

46-year-old John Roland O’Neill of Ishpeming, MI was booked into the Marquette County Jail (MCJ) at p.m. ET Monday, March 5, 2018.

O’Neill is charged with fourth-degree child abuse.

Bond for O’Neill is $5,000.

——-

Eugene Walter Lefler

Eugene Walter Lefler

28-year-old Eugene Walter Lefler of Marquette, MI was booked into the Marquette County Jail (MCJ) at 5:20 p.m. ET Monday, March 5, 2018.

Lefler is charged with felony aggravated assault.

Bond for Lefler is not set.

In October 2016, Lefler, then 27 and of Gwinn, was sentenced to at least 90 days in jail (and up to one year) for a July 2016 attack involving aggravated assault and domestic violence.

Lefler also received two years probation and $2,100 in fines/costs.

 

——-

fyi
We wre going to report the arrest of two Marquette County men – but decided not to lump them with the violence above – even though they are facing charges that are serious enough.

They are charged with failure to return rental property valued between $200 and $1,000; and the other was felony third offense of drunken driving charge – operating a motor vehicle while impaired (OWI). The second charge being particularly troubling. We also understand Forsyth Township Police are looking for a CSC suspect – more on that later.

Down on the farm and down in the dirt: Trademark fight between as Marquette company and an international tractor and farming machine dealer based in Japan

URGENT U. P. Breaking News Bulletin – 3-6-18 – 3:52 p.m. ET

 Kubota Tractor Corporation and its credit company file trademarks lawsuit against Michigan Sales & Equipment, Inc. and its Marquette owner Karen Larson

Kubota lawsuit graphic

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – An international farm machine company has filed a lawsuit against a Marquette Township businesses for alleged trademark infringement and for allegedly using the company’s logos long after a deal between the companies expired.

The Japanese-owned Kubota Tractor Corporation and its finance division have filed a 17-page, six-count federal civil lawsuit against a farm machine dealer in Marquette Township. The suit was filed on March 1, 2018 at federal court in Marquette, MI. The suit was filed on behalf of Kubota by Rochester, Michigan attorneys Seth D. Gould and Daniel K. Beitz of the Wienner & Gould, P.C. law offices.

Kubota suit graphic

Count I: Breach of the Dealer Sales and Service Agreement (DSSA)
Count 2: Trademark and Service Mark Infringement
Count 3: Unfair Competition and False Designation Of Origin
Count 4: Trademark Dilution
Count 5: Common Law Conversion (KCC)
Count 6: Statutory Conversion (KCC)

Download or read your own copy – as we paid for it:

2018 Tractor Federal Civil Lawsuit 3-1-18 (1) 17 pg. lawsuit
2018 Tractor Federal Civil Lawsuit Index for relief 3-1-18 (2)
2018 Tractor Federal Civil Lawsuit Exhibit A Trademarks, logos 3-1-18 (3)
2018 Tractor Federal Civil Lawsuit Exhibit C sales contract between parties 3-1-18 (4)
2018 Tractor Federal Civil Lawsuit Exhibit D Prior stipulated agreement between parties 3-1-18 (6)
2018 Tractor Federal Civil Lawsuit Exhibit C correspondence 3-1-18 (5)
2018 Tractor Federal Civil Lawsuit Exhibit E lawsuit by Donald B. Bacon 3-1-18 (7)
2018 Tractor Federal Civil Lawsuit Exhibit F sales contract 3-1-18 (8)

The company is asking a federal judge to issue a permanent injunction against Michigan Sales & Equipment, Inc. (MSE) and its owner Karen Larson – and prohibiting the company was using any form of Kubota trademarks.

The injunction would include theoretically include teeth – assuring that any trademark infringements would result in a severe penalty from the court.

“In recognition of the goodwill and distinctiveness inherent in KTC’s family of marks, the U.S. Patent and Trademark Office has issued to KTC numerous U.S. Trademarks and Service Mark Registration,” the lawsuit states.

Kubota Tractor Corporation (KTC) supplies tractors plus farm and utility equipment to more than 1,100 dealerships in North America. KTC “offers a full range of equipment repair and services to owners of KTC equipment across the United States and the world,” the lawsuit states.

While the two companies had a past agreement – a June 2016 proposed deal between the two companies fell through – and that “prohibits any former dealership’s use of Kubota trademarks after the DSSA terminates,” the lawsuit stats.

This case has been litigated in court – even in one of those  – related but not related type cases – that Kobota is using to backup its claims that the matter is serious and not just innocent use of logos on sales manuals and bills.

“Defendants’ conduct is confusing Kubota customers, damaging such customers, harming Plaintiffs and the new Kubota dealer U.P. Kubota,” the civil lawsuit states.
Kubota cites a lawsuits “recently filed in the 25th Circuit Court for the County of Marquette” (Case No. 17-56206-CK) before Judge Karl Weber “by a Kubota customer” Donald B. Bacon of Gladstone “which alleges fraud and misrepresentation” against MSE.

“Defendants have performed defective work for Kubota customers and are falsely advising these customers that Kubota equipment is defective,” the lawsuit alleges. “Warranty repairs of Kubota equipment must only be performed at authorized Kubota dealerships by personnel trained to perform such repairs.”

“Defendants’ wrongful use of KTC’s famous trademarks and trade names is likely to dilute the distinctive nature of those marks and to tarnish their reputation,” the lawsuit alleges.

In fact, both companies have been squabbling over the trademark issues for several years – including agents of KCC inspecting the Marquette facilities in search of trademarks. It appears the Marquette company allegedly had KTC logos on everything from sales and service manuals to signs – something that may seem petty in Marquette but not to the Japanese tractor maker.

“After KTC terminated Defendants’ DSSA, a new Kubota dealership, U.P. Kubota, was opened and is operating at 4250 US Highway 41 West, Marquette,” the lawsuit states.
The fight even involved whether Larson was in control of a one-page website that advertises her company – but no longer has Kubota trademarks. (Read the lawsuit for all the background).

“On June 7, 2017, Ms. Larson advised KTC that she owned the Kubota Mark signs and sales/service manuals, and she refused to stop displaying these Kubota Marks,” the lawsuit states.

Michigan Sales & Equipment, Inc. 1

“Despite KTC’s repeated demands that Defendants cease and desist from infringing KTC’s trademarks and trade names, Defendants have refused and failed to do so” the suit alleges, although conceding that Larson and MSE have taken down and are no longer using some of the trademarks. The suits also cites a tractor, rotary tiller, and snowblower purchased by Marvin W. Dawson – who it describes as a secured creditor.

Kubota Credit Corporation (KCC) is a California corporation, doing business in Michigan, and its principal place of business located in Grapevine, Texas.

KTC-parent Kubota Corporation (KBT) in located in Osaka, Japan.
Kubota is seeking a financial award, statutory damages and attorneys fees.
——-

Kubota Corporation introduced its first tractor to the United States in 1969 – a “sub-compact tractor” that found its niche. Formed in 1972, the Kubota Tractor Corporation (KTC) offers a wide-variety of products including lawn mowers, utility vehicles, construction equipment, agriculture tractors and hay equipment.
——-

URGENT U. P. Breaking News Bulletin – 8:43 a.m. ET – 3-6-18 – 3:45 p.m. ET – Trademark fight between as Marquette company and an international tractor and farming machine dealer based in Japan

United States District Court Western District of Michigan
Case No. 18-cv-00026

Kubota Tractor Corporation, and Kubota Credit Corporation USA (Plaintiffs)

v.

Karen Larson
433 E. Ridge Street
Marquette, MI

Michigan Sales & Equipment, Inc.
105 County Road 492
Marquette, MI

Claims for relief:

Permanent injunction be “issued enjoining Defendants and their officers, employees, agents, successors and assigns, and all those in active concert and participation with them, and each of them who receives notice directly or otherwise of such injunctions, from:

(1) displaying, imitating, copying, or making any unauthorized use of the Kubota Marks, or marks likely to cause confusion with them

(2) importing, manufacturing, producing, distributing, circulating, selling, offering for sale, advertising, promoting or displaying any service or product using any simulation, reproduction, counterfeit, copy, or colorable imitation of the Kubota Marks

(3) using any simulation, reproduction, counterfeit, copy or colorable imitation of the Kubota Marks in connection with the promotion, advertisement, display, sale, offer for sale, manufacture, production, circulation or distribution of any product or service

(4) using any false designation of origin or false description (including, without limitation, any letters, symbols, or designs constituting the Kubota Marks) or performing any act, which can, or is likely to, lead members of the trade or public to believe that any service or product manufactured, distributed or sold by Defendants are in any manner associated or connected with KTC or the Kubota Marks, or is sold, manufactured, licensed, sponsored, approved or authorized by KTC

(5) all of the above with the exception of nominative fair use of the Kubota Marks.

G. An Order permitting an authorized designee of KTC to remove any unauthorized display of the Kubota Marks, at Defendants’ expense

H. An Order directing that Defendants deliver for destruction all products, promotional and advertising materials, labels, tags, signs, prints, packages, videos or other materials in their possession or under their control, bearing or using unauthorized versions of the Kubota Marks or any simulation, reproduction, counterfeit, copy or colorable imitation thereof, and all plates, molds, matrices and other means of making the same

I. An Order directing such other relief as the Court may deem appropriate to prevent the trade and public from deriving the erroneous impression that any service or product manufactured, sold or otherwise circulated or promoted by Defendants are authorized by KTC or related in any way to KTC’s products and services

J. An Order directing the Defendants and their agents, employees, servants, attorneys, successors, and assigns, and all others in privity or acting in concert therewith, to file with this Court, and serve upon KTC’s counsel within thirty (30) days after entry of such judgment, a written report under oath, setting forth in detail the manner and form in which they have complied with such judgment

K. An award of KTC’s costs and disbursements incurred in this action, including KTC’s reasonable attorney’s fees

L. An award of KTC’s damages trebled or, alternatively, an award of Defendants’ wrongful profits trebled, whichever is greater, plus KTC’s costs and attorney’s fees

M. An award to KTC of its costs incurred in this action, including an award of reasonable attorney fees under 17 U.S.C. § 1114

N. As award to KTC of statutory damages.

O. An award of KTC’s damages arising out of Defendants’ acts

P. An award of KCC’s damages arising out of Defendants’ acts

Q. An award of KCC’s damages trebled plus attorneys’ fees and costs.

R. An award of interest, including pre-judgment interest on the foregoing sums
S. Such other and further relief as the Court may deem just and appropriate

Seth D. Gould (P45465) Daniel K. Beitz (P47451)
Wienner & Gould, P.C.
950 W. University Dr., Ste. 350
Rochester, MI 48307
sgould at wiennergould.com
dbeitz at wiennergould.com

https://www.kubotausa.com
https://www.facebook.com/kubotatractor
http://www.uptractors.com/

 

Schoolcraft County U.S. Postal Service worker accused of ripping off money, packages and envelopes for nine months during 2017

URGENT – Upper Peninsula Breaking News Bulletin – 3-3-18 – 10:26 a.m. ET –

Manistique, MI postal carried charged by federal prosecutors with stealing the mail including packages

Postal Carrier arrest Manistique

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Manistique, MI) – Federal prosecutors in Marquette have filed felony charges against a postal employee in Schoolcraft County accusing her of stealing money and packages from the mail for nine months during 2017.

58-year-old Patricia Ann Sherman of Manistique, MI is charged in a felony “information” with theft of mail matter by postal service employee.
Sherman also has a past address listed in Houghton and Detroit, MI, and Moscow, Idaho.

The charges state Sherman alleged “stole money and articles contained in envelopes and packages, which had come into her possession, and which were intended to be conveyed by mail.”

Sherman allegedly stole male and packages between January and Oct.4, 2017, the federal information states. A federal “felony information” is a charging tool used by prosecutors rather than an immediate indictment.

If convicted, Sherman faces up to five years in federal prison, up to three years supervised release, and up to $250,000 in fines/costs/restitution.

The federal prosecutor in the case is Assistant U.S. Attorney Maarten Vermaat in Marquette and U.S. Attorney for the Western District of Michigan Byerly Birge. The case is assigned to U.S. District Court Judge Paul L. Maloney.

Read or download these court documents – we paid for them – for you:
Patricia Ann Sherman felony information 2-28-18
Patricia Ann Sherman Penalty Sheet 2-28-18

U.P. Breaking News is seeking a photo of the suspect, please send it to us privately if you have one, or have information about this case.

Patrick Roy Wandahsega of Wilson, MI will spend next 24 years in federal prison for molesting a six-year-old child – has filed notice to appeal sentence to federal appeals court

Updated- 2-27-18 9:30 p.m. ET:
Patrick Roy Wandahsega files notice to appeal his sentence to the Sixth Circuit U.S. Court of Appeals:

Also here is the official sentencing documents judge released – download or read – we paid for them:

Patrick Roy Wandahsega official sentencing document

Patrick Roy Wandahsega files notice to appeal

Indictment Patrick Roy Wandahsega sex crimes against a child

Hannahville man who molested a six-year-old child gets hammered by a federal judge

Patrick R'ico Suav'e Wandahsega

wandahsega-indictment

U.P. Breaking News has been covering this dirtbag since his indictment – and while he could have received life in prison – he will be at least 64 years old before he is released from prison – as there is no federal parole.

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – A disgraced member of the Hannahville Indian Community will be at least 64 years old before he is released from federal prison for molesting a child.

Patrick Roy Wandahsega 240-year-old Patrick Roy Wandahsega of Wilson, MI was sentenced to 24 years (288 months) in prison by U.S. District Judge Paul L. Maloney.

Wandahsega molested a six-year-old child at his Wilson home.

The tiny child reported the abuse to relatives, who contacted tribal police and a doctor.

Wandahsega was indicted by a federal grand jury on two counts of aggravated sexual abuse of a child, and abusive sexual conduct involving young children – and was convicted of the second felony by a jury in Marquette on October 27, 2017 after a four day jury trial.

 

Patrick Roy Wandahsega

Patrick Roy Wandahsega

U.S. Attorney Andrew Byerly Birge said the case is part of Project Safe Childhood, a nationwide initiative designed to protect children from sexual exploitation and abuse.

Federal prosecutors worked with county and tribal prosecutors and the Internet Crimes Against Children task force (ICAC) to arrest those who abuse and exploit children.

Project Safe Childhood

www.projectsafechildhood.gov

Federal charge filed against Stephen Keezer, who allegedly pummeled his wife in early December: Victim’s ears ripped open when earrings yanked off, hole in her cheek, black eye, broken nose, and many more bruises and contusions

U.P. Breaking News Bulletin – 2-15-18 – 2:35 a.m.

This is just one example of what tribal and non-native women suffer every night in the Upper Peninsula

Here are two photos that were included the federal criminal information
The photos were taken after her treatment and she was cleaned up

It is important for people to see the violence – or they become complacent

Hannahville DV victim 1

Federal charge filed against 23-year-old Stephen Reed Keezer of Wilson, MI for the alleged brutal assault

Stephen Keezer, wife beating suspect 1

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

See the links to all the court document and download them – we paid for the federal documents.

(Wilson, MI) – A federal prosecutor in Marquette had a great Valentines Day gift, for a man who allegedly beat up his wife during a predawn argument.

That present was an arrest warrant for 23-year-old Stephen Reed Keezer of Wilson, MI. He was charged in state court – but now its federal.

The case stems from a Dec. 6, 2017 event – when Keezer allegedly wailed on his wife causing serious injury including ripping out her pierced earrings, broken nose, black eye, clump of hair pulled out by roots, countless bruises/abrasions, and a through-and-through rip in her upper right cheek.

The victim was treated at St. Francis Hospital in Escanaba.

Horror at Hannahville 2-15-18 4

The no-nonsense Marquette federal prosecutor is Assistant U.S. Attorney Hannah Bobee, who has hammered numerous suspects in tribal domestic violence cases. Bobee sends tribal domestic violence abusers to federal prison – without parole.

Keezer will make an initial appearance next week before U.S. District Court Magistrate Judge Timothy P. Greeley.

 

Keezer was charged in federal court through a “criminal information” that was approved and issued by Magistrate Greeley. Below is part of that federal document prepared by Marquette FBI Agent John J. Fortunato, who has been investigating the case:

Horror at Hannahville 2-15-17 2Horror at Hannahville 2-15-17 23

Stephen Keezer, wife beating suspect

Stephen Keezer, wife beating suspect

Keezer faces up to 10 years in federal prison if convicted on the charge of assault resulting in serious bodily injury.

The federal charge generally leads to the dropping of state charges.

However, it is not clear what will happen to the allegations about child abuse and second degree criminal sexual conduct (CSC).

The Menominee County man was charged in Delta County Circuit Court with hostage taking, sex crimes, and abusing woman and a child.

He was arrested shortly after the alleged beating on Dec. 6, 2017.

Keezer is a member of the Hannahville Indian Community.

Keezer was initially charged with fourth degree child abuse, aggravated domestic violence, second-degree CSC, and taking a hostage.

Keezer’s Facebook page states he concentrates on “being the best parent I can be.”

Keezer is being held in the Delta County Jail, and then after the Marquette hearing could eventually be transferred to Chippewa County jail where all pretrial federal prisoners are held.

Horror at Hannahville 2-15-18 (1)

Horror at Hannahville 2-15-18 (2)

Notice of initial hearing 2-15-18

Petition and Order for Writ of Habeas Corpus ad Prosequ. Hannahville 2-15-18

Penalty Sheet 2-15-18

Previous story Dec. 6, 2018 :
https://upperpeninsulabreakingnews.wordpress.com/2017/12/06/hannahville-horror-wilson-man-charged-with-hostage-taking-sex-crimes-and-abusing-woman-and-a-child/

Hannahville DV victim 1

Unjust enrichment, exploitation, retaliation, unpaid wages: Employees sue company that handled biggest Upper Peninsula Projects – accusations include not paying overtime, altering times sheets and making lots of unjust money of the backs of it workers

U.P. Breaking News Bulletin – 2-13-18 – 5:25 a.m. ET

Class Action Lawsuit: National Coatings, Inc. sued over alleged overtime and wage abuse – company has worked on the biggest projects in the Upper Peninsula

National Coatings graphic 2

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Traverse City, MI) – A company that has handled painting, roofing and renovating for the absolute biggest projects in the Upper Peninsula is being sued for allegedly failing to pay overtime, time card shenanigans, retaliation and unjust enrichment on the backs of workers.

NCI logoThe 21-page Class Action federal civil suit was filed on Monday by five former employees on behalf or current and former employed by National Coatings, Inc.

This includes their numerous major Upper Peninsula projects (see list below) – including U.P. casinos, theaters, universities, and mines.

“National Coatings, Inc. required employees, to not record all their hours worked within the continuous workday, altered time records without employee permission to avoid paying regular compensation and overtime, and intentionally failed to maintain adequate and accurate records for the hours worked by plaintiffs” to “facilitate the exploitation” of labor, the lawsuit charges.

Class Action lawsuit has been filed by five ex-employees – Casey Weathers, Daran Penney, Jacob Vonbuskirk, Jeff Kopulos, and Robert A. Young “on behalf of themselves and others similarly situated.”

(Scroll down to read or download your own free copy of the lawsuit and its exhibits – we paid for it)

——-

Collective and class action complaint for damages and demand for jury trial.
Fair Labor Standards Act (FLSA) collective action and class action and demand for jury trial

2018 National Coatings Inc. lawsuit (Main)

Exhibit A – Bruce McCauley 2018 National Coatings Inc. lawsuit

Exhibit B – Timesheets 2018 National Coatings Inc. lawsuit

Exhibit C – Company CEO admits time card issues 2018 National Coatings Inc.

Exhibit D – National Coatings Recording Work Hours info

Exhibit E – National Coatings Per Diem info

Summary of claims – Plaintiffs bring this action against Defendants for:

a. Unpaid overtime pursuant to the Fair Labor Standards Act
b. Unlawful retaliation under the FLSA
c. Conversion under MCL 600.2919a
d. Breach of contract under Michigan common law;
e. Breach of implied contract under Michigan common law
f. Unjust enrichment under Michigan common law for unpaid wages

“National Coatings, Inc. required employees, to not record all their hours worked within the continuous workday, altered time records without employee permission to avoid paying regular compensation and overtime, and intentionally failed to maintain adequate and accurate records for the hours worked by Plaintiffs in order to facilitate the exploitation of the Plaintiffs’ labor ,” the 21-page federal lawsuit alleges.

Upper Peninsula Projects:

National Coatings graphic 1

Thomas_Theatre_Marquette_Michigan_Interior
Sandblasting and special coating applications to a multitude of rural water and waste water treatment facilities such as Hannahville, Arcadis, Marquette Lift Station, Marquette Board of Light and Power

Country Inn and Suites in Marquette, Houghton, Iron Mountain, and Marinette, WI

The Days Inn of Iron Mountain

Americinn in Munising

The Kewadin Casinos in St. Ignace and Sault Ste. Marie

Island Resort and Casino in Escanaba

Michigan Tech in Houghton (Library, EPPCO Bldg., Wadsworth, the Ice Arena, MTU Ballroom, Rosza Center)

Northern Michigan University in Marquette (PEIF, Magers, Meyland, Van Antwerp, and Hunt Halls, Thomas Fine Arts, Berry Events Center, student apartments

Federal lawsuit filed on Monday, Feb. 12, 2018

Class Action Lawsuit on behalf of all other employees who have worked for the company – “on behalf of themselves and others similarly situated”

Casey Weathers, Daran Penney, Jacob Vonbuskirk, Jeff Kopulos, and Robert A. Young

Versus

National Coatings II, Inc.
d/b/a National Coatings, Inc.
Robert Forsman
Zebulon Hadley

——-

Anders J. Gillis (P77818)
Parker Harvey, PLC
Attorneys for Plaintiffs
901 S. Garfield Avenue
Suite 200
Traverse City, MI
49686

231-929-4878
agillis at parkerharvey.com
https://www.parkerharvey.com
https://www.facebook.com/northernmichiganlaw

——-

National Coatings, Inc. – Marquette office
1922 Enterprise
Marquette, MI
49855

Bob Danner, Marquette Project Manager

906-228-6873 phone
906-228-4911 fax
888-947-2558 toll free
http://www.nationalcoatings.biz
http://www.nationalcoatings.biz/portfolio_category/marquette-projects
http://www.nationalcoatings.biz/marquette-michigan
http://www.nationalcoatings.biz/category/projects/by-region/marquette-projects

Blood on his hands: Man with terrible history of beating tribal woman – is now off to federal prison for being a habitual offender for Lac Vieux Desert attack – sentenced in federal court in Marquette, MI

U.P. Breaking News Bulletin – 2-12-18 – 8:45 p.m. CT

Upper Peninsula man with penchant for beating tribal women sent to federal prison

Evan Gabriel Smith indictment graphic

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Watersmeet, MI) – Last summer, there was a brutal strangulation attempt by a habitual offender – and it was witnessed by the daughter of the victim – and the daughter’s friend.

Both begged the attacker to stop – the attacker being the mom’s boyfriend.

Evan Gabriel Smith

Evan Gabriel Smith

46-year-old Evan Gabriel Smith was sentenced to six years in federal prison on Fri., Feb. 9, 2018 for brutally trying to strangle his girlfriend at their home in a tribal nation in the western Upper Peninsula.

The attack was done in front of the victim’s daughter and her friend – who pleaded with Smith to stop attacking her mom.

In addition to being a habitual woman beater, Smith has convictions for cutting telephone lines and home invasion.

The assault happened on trust lands of the Lac Vieux Desert Band of Lake Superior Chippewa Indians – located in Gogebic County, MI.

Smith was sentenced on Friday in Marquette, MI by Chief U.S. District Court Judge Robert J. Jonker. Smith was ordered to get treatment for his long history of domestic violence.

Prior to the assault, Smith already had convictions in different Michigan courts for assaults against women he dated.
Smith was indicted on three felonies in May 2017 by a federal grand jury sitting in Marquette, MI.

The charges included domestic assault by strangulation and assault with intent to commit murder.

Under plea bargain, Smith pleaded guilt to domestic assault by a habitual offender.

On March 2, 20l7, the Smith violently attacked his girlfriend duration an argument in a home they shared.

Smith admitted he pinned down his girlfriend on the bedroom floor and then tried to strangle her.

The victim’s “daughter and her friend, hearing the commotion in the bedroom, came into the room and told” Smith to stop, the plea agreement states. Smith then fled the scene.

Smith has two prior state convictions for domestic violence involving assaults upon intimate partners:
September 10, 2001, in Iron County 95-B District Court in Crystal Falls, MI.
February 7, 2003 in Isabella County 2lst Circuit Court in Mount Pleasant, MI
The federal prosecutors in the case are Assistant U.S. Attorney Paul D. Lochner and Assistant U.S. Attorney Maarten Vermaat.

MDOC Number: 377572
Evan Gabriel Smith

MDOC Current Status: Parolee

Supervision Begin Date: 11/17/2015
Assigned Location: Gogebic/Bessemer
Supervision Discharge Date: 2/17/2017
Date Paroled: 11/17/2015

Operating Intoxicated/Impaired/Controlled Substance – 3rd
Minimum Sentence: 3 years
Maximum Sentence: 10 years
Date of Offense: 2/11/2012
Gogebic County
Date of Sentence: 5/14/2013
Conviction Type: Plea

Operating Intoxicated/Impaired/Controlled Substance – 3rd
Minimum Sentence: 2 years
Maximum Sentence: 5 years
Date of Offense: 10/21/2007
Gogebic County
Date of Sentence: 1/22/2008
Conviction Type: Plea
Discharge Date: 7/19/2011

Domestic Violence – 3rd Offense
Minimum Sentence: 1 year 5 months
Maximum Sentence: 3 years
Date of Offense: 9/12/2002
Isabella County
Date of Sentence: 2/07/2003
Conviction Type: Bench
Discharge Date: 4/20/2006

Cut, Break, Tap Wire or Cable
Minimum Sentence: 1 year 9 months
Maximum Sentence: 3 years
Date of Offense: 9/12/2002
Isabella County
Date of Sentence: 2/07/2003
Conviction Type: Bench
Discharge Date: 4/20/2006

Third-degree Home Invasion
Minimum Sentence: 1 year 3 months
Maximum Sentence: 5 years
Date of Offense: 2/14/2001
Iron County
Date of Sentence: 9/10/2001
Conviction Type:Plea
Discharge Date: 4/20/2006

Life in Prison til Death: Confessed kidnapper, rapist and scumbag Eric Ruska was sentenced today to life in prison today at federal court in Marquette, MI: Plus a Sault Ste. Marie, MI man is given a big sentence by a federal judge in a child pornography case; and a convicted felon caught with an altered gun in Alger County is sent to federal prison

URGENT – U.P. Breaking News Bulletin – 2-9-18 – 6 p.m. ET – Update

Life in Prison/Rapist Kidnapper Will Die Prison: Confessed kidnapper, rapist and scumbag Eric Ruska was sentenced to life in prison today at federal court in Marquette, MI.

Eric Ruska Federal Sentencing Dcoument - Life in Prison 2-9-18

No parole, he will die in prison.
During a lengthy sentencing in Marquette, Ruska was hammered by Chief U.S. District Court Judge Robert J. Jonker.
Life in prison til his death.

Life in prison for scumbag rapist and kidnapper Eric Ruska

Life in prison for scumbag rapist and kidnapper Eric Ruska – he will die in prison

Download federal sentencing sheet for free – we paid for it:

Life in Prison/Rapist Kidnapper Will Die Prison: Confessed kidnapper, rapist and scumbag Eric Ruska

8:12 a.m. ET

Life in prison is the sentence this afternoon for admitted kidnapper and rapist Eric Scott Ruska: Plus its a big federal prison sentence for a child pornographer in Chippewa County – and a convicted felon will have time to think in federal prison about his idea to possess an altered handgun

Eric Scott Ruska

Eric Scott Ruska

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

**Scroll down to read the federal paperwork – or download the pages for free – in all the following cases

(Marquette, MI) – Confessed kidnapper, rapist and dirt-bag Eric Scott Ruska could go to prison for the rest of his life without parole – when he is sentenced today by a no-nonsense federal judge in Marquette, MI.

The 37-year-old Ruska is set to be sentenced this afternoon by Chief U.S. District Court Judge Robert J. Jonker at federal court in Marquette.

For a week, Ruska kidnapped and raped a woman during the summer of 2017.

Prosecutors say sexual exploitation was the motive that was driving Ruska when he kidnapped a 28-year-old acquaintance. The July 8, 2017 kidnapping launched one of the biggest manhunts ever in the Upper Peninsula of Michigan – as authorities did not know if the woman was dead or alive.

The brutalized victim – who was ratchet-strapped to a seat in Ruska’s pickup truck – was rescued on July 14, 2018 by a Michigan State Police tactical team at a Munising Shell Station.

Already a convicted rapist and kidnapper, Ruska invited his victim to go fishing in a boat on a Delta County lake. When she asked to go ashore along Chicago Lake, the kidnapping began and he threatened to kill her parents.
Ruska was convicted of the same type of kidnapping/sexual assault in 2004.

Ruska confessed to sexually assaulting the victim at spots in Alger, Delta and Marquette counties including in the Hiawatha National Forest.

2-8-18 Order in kidnaper Eric  Scott Ruska
2-7-18 Supplemental notice in Eric Scott Ruska kidnapper
1-29-18 Corrected sentencing memorandum Eric Scott Ruska
1-28-18 Sentencing memo upward departure Eric Scott Ruska kidnapper
1-17-18 Supplemental notice Eric Scott Ruska kidnapper

——-

In another federal court sentencing, Judge Jonker sentenced a Chippewa County man to 10 years in prison on Thursday for possession of child pornography.

In May 2017, 30-year-old Justin Matthew Daley of Sault Ste. Marie, MI was indicted by a federal grand jury on four felonies – three counts of distributing child pornography and one count of possession of child pornography.

The crimes occurred in October 2014, and in January and March of 2015.
Under a plea agreement, Daley pleaded guilty to one count of distributing child porno and the other cases were dropped by federal prosecutors.

He was busted following a U.S. Department of Homeland Security investigation during which when federal agents began communicating with Daley on a file sharing website.
Daley said he would share obscene videos of his “playful niece.”

He sent seven videos files involving prepubescent victims. Numerous videos and over 100 photos were seized on his computer including young kids involved in sexually sadistic and masochistic conduct.

2-8-18 Sentencing Justin Mathew Daley Soo Child Porno
5-17-17 Indictment Justin Mathew Daley Soo Child Porno
10-5-17 Plea Agreement Justin Mathew Daley Soo Child Porno

Also in federal court on Thursday:

An Upper Peninsula man was sentenced on Thurs., Feb. 8, 2018 for being a convicted felon in possession of a firearm.

Michael Scott Sanders of Munising, MI was sentenced to two years in federal prison by U.S. District Court Judge Robert J. Jonker.

One released from prison, Sanders will be on three years supervised release and must submit to random drug testing. The charge stems from an Oct. 2016 arrest in Alger County involving a 9mm semi-auto pistol.

A second charge, possession of a gun with obliterated serial number, was dismissed as part of a plea bargain.

8-15-17 Michael Scott Sanders gun indictment

For those following the ongoing Marquette federal heroin trial of Bam the alleged Gwinn drug man – here are the latest filings as trial continues

Bam the alleged drug man

Bam the alleged drug man – Derrick Garrell Samuels a/k/a “Bam”

Derrick Garrell Samuels a/k/a “Bam” of Gwinn, MI

2-8-18 Bam the drug man govt. wants Amanda Jean Rush testify in heroin trial
2-8-18 Judge rules on testimony of Amanda Jean Rush in Bam Heroin trial

Expelled NMU student files federal civil rights suit saying any decision on his future at NMU should have waited until the end of a felony pot case – a case he was cleared of all criminal charges after being kicked out – and charges that Kyle Nelson always said were bogus and started with an “anonymous” tip

URGENT – U.P. Breaking News Bulletin – 2-8-18 – 10:50 a.m. ET

Expelled then cleared: NMU student Kyle Nelson files 17-page, two-count federal civil rights suit against NMU officials and students involved in government

Civil Rights Suit Graphic

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – A federal judge in Marquette, MI today set a February 20, 2018 status conference in a civil rights suit recently filed against NMU officials by an expelled student who was cleared of all criminal pot charges.

The 17-page, two-count civil rights suit was filed on Feb.2, 2018 under the pseudonym John Doe.

However, federal court records state the plaintiff is Kyle Nelson.

NMU Suit Graphic

Nelson has charged the defendants with two legal allegations – retaliation and violation of 14th Amendment due process.

Nelson was charged with delivery of marijuana (four-year felony) on Nov. 3, 2015 by the Marquette County Prosecutor’s Office – and was eventually bound over to circuit court, the suit states.

Nelson was cleared of all criminal charges after his expulsion, the suit states.

Nelson says the marijuana charges are false -and that NMU officials and students didn’t allow him due process. He requested many times that any decision on expulsion be decided after the criminal case was concluded.

Nelson alleges he was in essence targeted by an anonymous tip:
“On November 2, 2015, anonymous complain was made via email, to an NMU “tip line,” alleging that (Nelson) was involved in drug activity,” the suit states.

In the fall of 2014, Nelson, then 19, “majored in construction management, and before his suspension from the University that led to his eventual expulsion, was living on campus in Gant Residence Hall,” the federal civil rights suit states

Nelson is suing:

Northern Michigan University
Lina Blair, NMU Assistant Dean of Students
Christine Greer, NMU Assistant Vice President and Dean of Students
Guy LaPlante, Detective Lieutenant with the NMU Department of Public Safety and Police Service
John Frick, NMU Associate Director of Housing
Jim Gadzinski, Director NMU Career Services
Paul LaPlant, NMU student from Marinette, WI
Unknown Parties #1 and #2:
Three Anonymous Student Members of the NMU Student Conduct Board Hearing Committee
Unknown Members of the Student Conduct Appeals Committee

The presiding judge in the case is Chief U.S. District Court Judge Robert J. Jonker – and all conferences and hearings will be handled by U.S. Magistrate Judge Timothy P. Greeley.

“Plaintiff Kyle Nelson” paid a fee of $400 to file the case in federal court.
Nelson is represented by Ann Arbor attorney Nicholas Roumel, who has his own law firm.
The NMU defendants being sued are represented by Kalamazoo attorney Kurt P. McCamman of the law firm Miller, Canfield, Paddock and Stone, PLC in Detroit.

Here are some excerpts from the suit (remember ‘John’ Doe is Nelson):
Or you can read the original suit and the amended complaint

Original complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (1)
Original complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (2)
Amended complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (1)
Amended complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (2)
John Doe Motion – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials
Hearing notice Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials

——-

Criminal Allegations Are Made Against John.

On November 2, 2015, a complaint was made via email, to an NMU “tip line,” alleging that John was involved in drug activity. Defendant LaPlante interviewed a witness who made certain allegations against John.
Based on the witness’ allegations, LaPlante swore out an affidavit for search warrant against John.

The affidavit was based entirely on hearsay evidence.

The search warrant was granted and executed on November 2, 2015 by LaPlante, and returned an assortment of over the counter and prescription pills and a small amount (less than an ounce) of alleged marijuana and marijuana “wax.”

After the search was executed, LaPlante read John his “Miranda” rights, and John exercised those rights under the Fifth Amendment, and chose to not make any statements. John was charged by the Marquette County Prosecutor on November 3, 2015 with a single count of delivery of marijuana on 11/3/2015, a felony with a maximum sentence of 4 years imprisonment, fine of up to $20,000, and other possible penalties.

John was arraigned on November 4, 2015 was eventually bound over to Circuit Court on the charge.

Northern Michigan University in violation of his Federal Constitutional Rights under the Due Process Clause of the 14th Amendment to the Constitution, when he was denied the rights to delay Student Conduct Board proceedings until after resolution of his concurrent criminal case, denied the right to confront the witnesses against him, and repeatedly retaliated against for his invocation of constitutional rights.

After his expulsion, all criminal charges against him were dismissed.

“John Doe” (“Mr. Doe,” “John” aka Kyle Nelson) is a young man who began attending Northern Michigan University in fall, 2014. He majored in construction management, and before his suspension from the University that led to his eventual expulsion, was living on campus in Gant Residence Hall, carrying a grade point average of approximately 3.55.

He requests anonymity in this lawsuit due to the inflammatory nature of the allegations against him and the social stigma of being associated with such charges. He will file the appropriate motion for anonymity if necessary and requested by this court.

Defendants Rebuffed John’s Multiple Requests to Postpone the Conduct Board Hearing until the Criminal Case Was Concluded

NMU Initiates Conduct Board Proceedings 16. While the criminal charges were pending, NMU (via defendant Greer) sent John a letter dated November 3, 2015 suspending him from school “until all charges are adjudicated,” and that he was prohibited from “enter[ing] onto any part of the campus” campus under threat of arrest and filing of additional Student Code charges.

On December 18, 2015, NMU initiated eighteen charges against John alleging various violations of the NMU Student Code, for Drugs: Possession, Use or Sale (Code 2.3.12) and under the General Regulatory Statement (Student Code 2.3.15). 18.

According to the charging document, the charges were based on a “Description of Incident reported by” Defendant LaPlante, with “Charges Imposed by” Defendant Blair. A Conduct Board Hearing was held on April 15, 2016. Defendant Blair was the “non-voting chairperson” of that proceeding.

Other Board members included defendants John Frick, Jim Gadzinski, Paul LaPlant, and “Three Anonymous Student Members of The Student Conduct Board Hearing Committee” whose names are redacted from the hearing transcript. 20.

John was represented by Escanaba attorney Trent Stupak.

The case is named Nelson v. Northern Michigan University, et al..
Nelson v. Northern Michigan University

United States District Court Western District Of Michigan Northern Division notice of hearing – take notice that a hearing has been scheduled as set forth below:
Type of hearing(s): Status Conference Date/Time: February 20, 2018 at 10 a.m. U.S. Magistrate Judge: Timothy P. Greeley will hold the conference via by telephone Parties shall call the Court’s conference line. Dated: February 8, 2018