Sergeant Investigated, Officer Begins Suspension Over Controversial Traffic Stop

A West Bloomfield police officer began a five-day unpaid suspension this week while his shift supervisor's actions are being investigated in the wake of a controversial late night traffic stop involving the township supervisor and her husband.

 documents released to West Bloomfield Patch on Tuesday reveal details of the Aug. 13 incident involving Township Supervisor Michele Ureste and her husband, Matthew, as well as the internal investigation of the officers involved.

Matthew Ureste failed a preliminary breath test with a .11 blood-alcohol content, which is above the 0.08 legal limit, after West Bloomfield police officer Robert Stephens pulled him over for running a flashing red light about 2:20 a.m. Aug. 13, a four-page case report states.

Instead of arresting Ureste and taking him to the police station for further testing and investigation, per department policy, Stephens offered the couple a ride home.

In a memo to Lt. Tim Diamond and Police Chief Michael Patton dated Aug. 23, Stephens stated, "I used my discretion to not arrest because I did not want to arrest the husband of the Township Supervisor at the time."

In another special report, written by Lt. Diamond and submitted Aug. 24, Diamond said Stephens also said, "It was a busy shift and he didn't want to get tied up with an OWI arrest. He also said he was concerned that an arrest would compromise the upcoming (public safety) millage vote."

Stephens began his five-day unpaid suspension Monday after receiving a memo Friday from Patton, who expressed his displeasure with Stephens violating several department policies and giving the Urestes a ride home after the stop.

"In this incident, you did not do your job well, or at all," the chief wrote to Stephens, a three-year veteran of the department.

Sergeant on duty under investigation

Patton's memo reveals differing accounts between Stephens and Eric Gruenwald, the sergeant on duty at the time. Gruenwald is being investigated for his role in the incident, which Diamond likened to "burying one's head in the sand" after Gruenwald failed to sufficiently inquire about Stephens' traffic stop.

"Sergeant Gruenwald answered a phone call from Officer Stephens after the traffic stop and transport was concluded. He claims that Officer Stephens did not tell him who was involved in the incident, and he did not ask. It seems as though Officer Stephens was attempting to let his supervisor know about the incident ... it seems as though (Gruenwald) was trying to ignore the incident," Diamond wrote in his report.

Stephens said he advised Gruenwald of the situation moments after dropping off the Urestes at their home. Stephens said Gruenwald replied, "This conversation never happened."

Gruenwald appears to have been distracted by a breaking-and-entering attempt that night at 1 a.m., on which Stephens also was working. In a memo to Diamond, Gruenwald states he received a call from Stephens telling him he "had to abandon his post" to give the Urestes a ride home.

"I advised Officer Stephens that I do not condone and will not tolerate any actions by my officers that are not above board," Gruenwald wrote in a memo to Diamond. "I told Officer Stephens that I did not want to hear anything about driving people home. The phone call was then terminated."

Diamond admonished Gruenwald, , for not inquiring about Stephens' traffic stop further.

"Although Sergeant Gruenwald is a new supervisor, he needs to realize that he is receiving extra compensation to accept responsibiity and he is expected to know what is happening on his shift. Obviously this situation has political and public image ramifications."

Diamond said Tuesday that the investigation of Gruenwald would likely be concluded soon.

Oakland County prosecutor will not press charges

Because Stephens halted the operating while intoxicated investigation after Ureste's preliminary breath test, there is no compelling case against Ureste, Oakland County Prosecutor Jessica Cooper said Monday.

"The PBT (preliminary breath test) is not admissable in court to prove the driver's body alcohol content," John Slevin, Oakland County Prosecutor's Office Warrants Division Chief, wrote in a letter dated Aug. 25 to West Bloomfield Sgt. Tara Kane, who is assisting in the investigation. "Although the PBT result justified further investigation, none was done ... as a result, the existing evidence will not support an OWI (operating while intoxicated) charge."

Even if the officer's actions violated departmental policy, they were not criminal in nature, Slevin said. "The law allows police officers to exercise disecretion," Slevin wrote to Kane. "(Stephens) took action to protect the public and preserve the peace by separating the occupants from their vehicle. While the wisdom of terminating the investigation is questionable, the officer's actions are not criminal in nature."

Community reacts

When WDIV-TV Channel 4 first reported on the incident Thursday, members of the community reacted with anger to allegations of favoritism, as it was pointed out that Stephens was the same officer responsible for the

Rose, a first-time offender, by 48th District Court Judge Kimberly Small in July after pleading guilty to charges of drunken driving.

• "1 DUI gets 20 days in jail. 1 gets a ride home," Sheryl L. Mitchell wrote on Twitter under the handle @sherylthepearl.
• "Soo those two white ppl get special treatment in West Bloomfield but @jalenrose goes to jail for 20 days? Where is the fairness?" Faith Baker tweeted as @alwayshvefaith.

Other residents said they supported the investigation of the incident without alleging favoritism on the part of the department.

• "I'm glad there's going to be an investigation...I live here and will not appreciate hearing or learning that someone is getting off because of Class or Status!!," Camille Maniscalco-Dery wrote on West Bloomfield Patch's Facebook page.
• Michael Madigan, a retired police officer, was at and said: "Let (police) do their investigation and let’s stop this garbage."
• Another retired police officer, Jeff Matte, said at the same meeting: "I do not want to talk about the traffic stop ... I don't care. I'm supporting the chief of police ... I trust him with my life. He doesn't have a malicious bone in his body."

Patton last week refuted charges of favoritism, saying, "People are going to think there are appearances of favoritism, and I think that’s a valid concern. I’m not happy about this."

Exactly what happened during the stop?

The case report also outlines what happened during the Aug. 13 stop:

Stephens pulled over the Ford Fusion Matthew Ureste was driving when he failed to stop at a flashing red light before making a right-hand turn at Green Lake and Richardson roads around 2:20 a.m. Aug. 13, according to the case report.

After the stop, the report details the following from Stephens: Matthew Ureste was observed to have “watery eyes” and Stephens smelled alcohol. Ureste admitted he’d had “a few drinks” earlier in the evening and that he and his wife, the only passenger in the car, were on their way home from the Kid Rock concert in Detroit.

Stephens asked Ureste to take a preliminary breath test, which he failed.

“I then advised Matthew he was too intoxicated to drive home, and I offered him and Michele a ride home in my squad car,” Stephens said in the case report. “I transported Matthew and Michele to their home without incident.”

In his memo to Stephens, the chief pointed out that the officer recognized Ureste's wife. “The passenger was known to you by name and/or face as an elected Township official,” Patton wrote.

In addition to failing to conduct a thorough investigation and/or take appropriate enforcement, Patton said Stephens also failed to advise dispatch about transporting the Urestes to their home, activate or maintain the in-car video system, properly document the incident and perform his duties in an ethical manner.

Video: Watch Monday night's West Bloomfield Board of Trustees meeting

Correction: Lt. Diamond told Sgt. Gruenwald in his memo that the situation had "political and public image ramifications."