In domestic violence cases, courts must evaluate whether evidence meets the burden of probable cause for charges, considering factors such as victim injuries, physical evidence, and witness testimony. Bodycam footage can provide crucial evidence of events, but courts must also consider whether the evidence supports each specific charge, including assault with intent to commit great bodily harm, malicious destruction of property, and resisting and obstructing police officers. The court must determine if the evidence demonstrates that the defendant committed the alleged offenses beyond a reasonable doubt.
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Judge Cedric Simpson STUNNED After Violent Courtroom Bodycam Footage Changes EverythingAdded:
Afternoon, >> Deputy Gerwig, what do you do for a living?
office.
>> And how long have you been employed there?
>> Three years a >> and I'd like to direct your attention to March 14th of 2025. Were you working that day?
>> What shift?
>> And were you in a marked patrol car?
>> And were you in in uniform?
>> I was.
>> And on that date, were you dispatched to the area of 8517 Cargo Drive?
>> Yes. And is that in Ipsellani?
>> Yes.
>> County, Michigan.
>> Yep.
>> Okay.
>> And what was the nature of that dispatch?
>> It came out as a state incident was third party the father of female his daughter came into the apartment.
>> And did you come into contact with anyone on scene? Who? Uh he the collar well just turned up.
>> Okay. And how did he appear to you?
>> Uh he was upset visually upset. Uh he did have blood on his forearm.
>> Okay. And did he want to report an incident to you?
>> And when did this incident occur in relation to the statement he gave to you?
>> Just before 5 to 10.
>> Okay.
And was there anyone else in the residence at this time?
>> At this time.
>> Okay.
>> And you said a 911 call was placed.
>> And do you recognize this?
>> And what's contained on this flash drive?
>> 911 call.
>> And did you review the contents of the flash drive before this hearing?
>> Okay. And did you recognize a voice on that call?
>> Whose voice was it? Your honor, the people would move to people's ex proposed exhibit one.
>> Any objection or what? I think by stipulation here.
>> All right. One is admitted.
>> Thank you, honor.
>> Can I plug it in?
>> Yep.
>> Okay.
Oh, what's happening?
with your daughter.
And when you say you are arguing physically fall.
>> No, not go away.
What's your name?
Where are you now?
>> What are What is the name?
You never tax letter.
Listen again.
She got Oh my god.
>> Come on. Come on.
Okay.
>> G i S O N.
What's his first name?
>> We don't know how old he is.
Black and fire.
that way. What you need to do is call them.
>> What are they on foot or do they have a car?
>> What kind of car?
>> What's he wearing?
>> Black and white shoes. Yeah.
Okay.
Her name >> P R I T Do you know which way you're headed or where you're going?
I appreciate you.
I can't believe I can't figure it out.
We got everybody >> back. You said Luc just wanted to report an incident. What incident did he want to report?
>> And what did he say happened?
and it's a present sense impression of what he just saw happen after police got there allowed in.
>> Go ahead.
>> So he reported what did you want to report?
>> Her boyfriend >> and what did he say happened? the death which is the daughter which was send boy picked her up and back in the apartment.
>> And did he say anything else happened >> that they got into it that he was uh he tried to break him break them up and >> did he say what happened to Lucinda after she was slammed to the floor?
>> She lost consciousness there. Okay. And when you arrived at 8517 Cargo Drive, did you take any photos of the scene?
Your honor, may I approach the witness of people's proposed exhibits?
I guess I could change these two through four.
>> Yes, you may. Let me just ask this. Sir, when you arrived there, who were you speaking with?
>> Sir, >> I was talking to the father. Uh Evan's girlfriend's father. Yes.
>> The person. And how did he appear at the time that you >> he was destroyed upside.
>> All right. And that was approximately I think you said 5 to 10 minutes after the incident had occurred. Yes, sir.
>> All right. So just so the record is clear, I'm allowing it either the president sense impression or as an excited utterance and that he was under distress of the situation at the time.
So go ahead.
>> And may I approach the witness?
>> You may.
>> I just hand you that.
>> And are these a fair and accurate representation of the scene as you observed it on March 14th?
>> The people move to admit exhibits 2 through 4. Any objection or vlog here?
>> No objection.
>> Exhibits two through four. 2, three, and four.
>> Correct, your honor.
>> 2, three, and four are in.
>> And may we publish them to the court, your honor?
>> Yes, sir.
>> Thank you, sir.
All right.
>> And do you know Devin Gibson?
>> Is he in the courtroom today?
>> Can you briefly describe where he's sitting and something he's wearing?
saying, but those are the right of >> and your honor, please let the record reflect that this witness has made an in court identification of the defendant.
>> Record show reflected that objection.
>> So during that same shift, at some point did you find yourself at 8695 Sper Way >> and how did you come to be at that address? um a separate caller um in no relation to the original call. We were on a call saying that there's a male and female in the white room that's >> okay. And what happened when you got to that address?
>> Uh we made contact with later Deon and >> Okay. And did you interact with Devon when you arrived on scene?
>> And did additional deputies arrive on scene? What other deputies? Deputy Russell, Sergeant, Deputy Hill.
>> Okay. And what interaction did you have with the defendant when you arrived?
>> He was educated. Um he was in the uh who was who was acting.
>> Okay. And did you take any action toward the defendant at this point? What action did you take?
>> And it was an attempt to detain investigation.
>> Okay. And at this time, were you wearing a department issued body warrant camera >> and was it activated in recording?
>> If I moment, your honor.
>> Yes.
>> Recognize this?
>> Yes.
>> What is this?
>> And is this a fair and accurate representation of what you saw that day?
>> Yes.
>> Your honor, people would move to admit people's proposed exhibits. It's two clips from the body camera. Um I believe five and six.
>> Any objection?
Exhibits five and six are admitted.
>> Thank you. May we publish the court?
>> Yes.
Happy birthday.
HAPPY OPERATION LISTEN, LISTEN.
Excuse me.
I'll be alone, Charlie.
Put your hands on my bro.
I said my seat bro.
This is your deal.
[ __ ] up.
All this girl nothing.
day.
Why don't you I need >> you arrested the defendant. What did you do next?
>> And then what happened next?
>> He began to kick the back passenger door.
>> Where were you taking him once he was put in the patrol car?
Okay. And so what what happened when he was being transported?
>> He kept getting the back window on he kept asking what his charges were going to be. Um we advised him that one of the charges from the vehicle because he kicked the he on scene of sper he kicked the door so hard he b the door off.
Uh-huh. Once he he was advised of that, he said that he was he's going to jail for damaging property. He's going to damage propert.
>> Okay. And at this time that this occurred, was your incar camera?
>> Yes.
>> On at the time and it was on inactivated recognize this video.
>> Yes.
>> What is this?
>> And is this a fair and accurate representation of the video that your car your incar camera recorded of your patrol vehicle? Yes, >> your honor. People would move to admit people's proposed exhibits.
>> I'm sorry. I think I lost count. Where we at?
>> We did seven >> 7 8 9 10 11 and 12.
>> Okay.
>> And these would also be in clips, your honor.
>> 7 8 9 10 11 and 12.
>> Thank you, your honor.
That [ __ ] weird, bro. Weird as [ __ ] bro.
I got to clean that [ __ ] I hope that [ __ ] weird as [ __ ] bro. Put a gun on Facebook, bro.
[ __ ] MP, bro.
God said for us and you [ __ ] you [ __ ] I know why you don't like me, man. Cuz you cut my [ __ ] chick. You're a [ __ ] chick.
You're weird, man. But you arrest that [ __ ] bro.
Get the [ __ ] going.
I'll say on right out the window, right?
See why do you [ __ ] it up? I'm [ __ ] up.
Why do that?
Why do that to me? Why do that?
[ __ ] [ __ ] Huh?
Hey.
And you're on a project. It would be the last one would be exhibit 11, not 12.
>> 11.
>> Correct.
>> So after this, was your patrol car damaged?
>> Yes.
>> Did you get an estimate for the cost of those damages?
>> About how much was that estimate?
>> And did you provide this estimate to the people? Your honor, I may approach the uh witness of people's proposed exhibit 12.
>> 12. Yeah.
>> Any objection to 12?
>> 12 is admitted.
>> And maybe we publish that to the court, your honor.
>> Yes, sir.
I may have a moment. You may. Thank you.
Nothing further from the people >> cross examination.
>> Officer Gerwig.
>> Yes, sir.
>> Um, you said Mr. Prrenup told you that he What did Mr. Prrenup tell you again?
>> On scene?
>> When when you when you came on the scene to talk to him?
>> That his daughter, sorry, the name real close together. uh his daughter and her boyfriend.
>> He said he told you they picked you up in slam too, right? Why didn't you put that in your report?
>> Would you like to to re refresh your me?
>> You say >> I said you're asking me about >> it's not.
So why didn't you put it in your report if that's what he told you? That seems like a pretty big detail.
He told us he talking.
>> Um, so basically what he told you was they both were fighting. Correct.
>> And he never told you who started it.
Correct.
He never um he never said was my client trying to protect himself or was he the aggressor?
Correct.
You knew there was blood, but you didn't know where it came from.
>> He never said that the blood came from his daughter.
>> But that was an assumption, correct?
Um, now when when you came to when you came on the scene where Devin was, how many officers were there already?
the second >> not the where was the one >> right >> next call >> second call >> everybody was already showed up on the first one so >> four after me was four after you >> or four before you >> after you okay so you were one of the first on >> and um was Lucinda The Was Lucinda there when you came >> in >> to arrest Deon.
>> I believe that was her.
>> You believe that was her? So you want to know who Lucinda was? Have you seen?
>> Got you.
>> Investigation.
>> How many times have you met Lucinda and Lucas?
>> How many times have you met them?
>> Have I met once before?
>> You say once before.
>> Yes. Um, how many when's the last time you talked to Mr. Prinup? Lucius Prrenup.
>> Before this >> before this before this court date?
>> I haven't.
>> You haven't? When was the last time you talked to him before you were on the scene with him?
Before you pulled up on the scene to talk to Mr. Lucius, to investigate the situation before you went to go arrest Deb. When was the last time that you talked to Mr. Prrenup? You said once before that, correct?
When?
>> I said when when was the last time >> when >> you don't understand the time. You don't say understand the time frame. I'm asking you. You said this what I'm trying to get to. How long have you known Mr. Po? Because you said you remember his voice. You said you would know his voice >> from the phone call.
>> From the phone call and speakers. How would you know his voice from the phone calling speakers from something that happened a month ago? How many other people have you arrested?
>> I know his voice, which I just told you from the scene. I know his voice from phone call.
>> So you got that you got that good of a memory.
>> I want to talk to phone call.
>> Got you. But you forgot to put the body slam in the report. Um question or I'm sorry. I'm sorry that was that was commentary on >> Okay, I don't need it.
>> I I know and I apologize. I apologize.
Um, now when you came on the scene, were you all trying to arrest Were you all trying to arrest him? Was it a collaborative effort of um all the officers there?
>> Yep. To arrest my client.
When you did arrest him, was there right >> resisting us? Yes, all of us did.
>> Um, did he assault any offers individually? Did he assault you individually?
>> Did he resist you individually or were all the officers um being resisted?
>> Oh, he was resisting. He was resisting.
He was resisting the the collaborative effort that you all were using to try and arrest him. Would that be a correct accurate statement?
Um, did he ever assault you?
>> I do understand. Um, he did say a negative comment. He did say a negative comment to you.
>> That's correct.
>> He did and which which is reprehensible.
And um but did he ever threaten you um because of your agent descent?
>> No.
>> Did he ever um threaten to damage any property you had because of your um because of your age and descent?
>> So it basically was a statement. It basically was a statement um out of my client's anger and the excitement of the situation. very derogatory statement.
>> No, very derogatory.
I I'm not going to take that fact from you know I'm sorry to happen. There was nothing relation between saying he's damaging anything because >> got you. All right. No further questions. Y anything else?
I have a moment your honor.
>> Just for the people, your honor.
>> All right. You may stand. Thank you.
>> Oh, your next words.
>> Thank you. People called your honor.
>> Please come forward and be sworn.
State spell your first last name.
>> First name spelled B E N A. Last name spelled S A M A.
>> You mean that again? I'm sorry.
>> It's my last name.
>> Yes, sir. S A M A H.
>> That was easy. All right. All right. Go ahead.
>> Thank you, your honor. Deputy Samaha, what do you do for a living?
>> I work.
And how long have you been employed there?
>> Over two years now.
>> Okay. I'd like to direct your attention to March 14th of 2025. On that date, were you working? I was.
>> What shift?
>> And were you in a marked patrol car that day?
>> I was.
>> Were you in uniform?
>> I was.
>> Okay. And during that shift, did you find yourself at 8695 Sper Way?
>> I did.
>> And how did you come to be at that address? The call came out and deputies Hill and Broadway were responding to that address and I started making my way over there just to back them up.
>> Okay. And did you come into contact with anyone at that address?
>> Not at that address trying to give the description of the two male and female and we went to B was pretty much in the area.
>> Okay. And did you find anyone matching those descriptions?
>> Okay.
And when you went to 8695 Sper Way, was there anyone you came in contact with there?
>> Yeah.
>> Okay. And how did when you say Lucinda, who is Lucinda?
>> Oh, when I arrived there, she was from my knowledge the victim at the time. She was bleeding from her finger. I had no context whatsoever at that time. I just made my way back to the laundry room where she was and she was like washing her hand.
>> Okay. And how did she appear to you?
>> She was definitely in distress, hysterical, kind of all over the place.
>> Okay. And what did you do after coming into contact with Lucinda?
>> I escorted her out of the building and toward my patrol vehicle.
>> Okay. And when you got to your patrol vehicle, how did she appear then?
>> Um, she was bleeding from the finger, so we tried to clean her up. Um, essentially she was able to hear her own body weight. Um, then she just kind of started going in and out of consciousness on me. Um, at that time I had her sit in the back of my patrol vehicle. I had my door open. Uh, she was not coherent, was not able to give me any statement and she again just could not carry home body at that time. My priority is stabilized her head so she wouldn't hit it.
>> Okay. And what happened after that?
>> We requested HVA and they arrived and they just >> Okay.
Nothing further for this witness, your honor. Cross examination.
How do I pronounce your name?
>> Sam.
>> Sam.
Nice to meet you.
>> S A M A.
I got that. Go ahead. Oh, no. I was about I was about to ask that question.
I wasn't about to ask that question. Um, now, how many officers were there by the time you got to the scene? When I arrived, there were four possibly five if I remember correctly.
>> Got you. And um which Okay.
Did you interact with both Mr. Gibson and Miss Prinup or just Miss Prinup?
>> Just miss Prinup, sir.
>> Um you never seen Mr. Gibson put his hands on Miss Prinup?
>> No sir. So I arrived after the fact. I was not there.
Um, and you say she was in a hysterical state.
>> Did she ever tell you? Um, did she ever tell you that my client put his hands on him?
>> She did not give me a statement. No, sir.
>> She didn't give you any statement.
Um, did she tell you that he didn't he didn't do it? He did he he didn't do anything?
>> So, from what I can recall probably, she did not give me any statement at all.
Um, again, she was kind of in that state of going in and out of consciousness.
So, I just stopped questioning. We didn't get any further. No statement, no questioning. It was just kind of making sure that she did not hurt her head at that point.
>> Did you see any injuries on her head?
>> Not on her head. No.
>> Um the only injury you seen was on her finger.
>> She was.
>> So um is it safe to say you don't you don't know why why she was why why she was feeling the way she felt or >> That is correct. I I cannot tell you why she felt the way.
>> All right. Thank you. No further questions. You need to redirect.
>> No, you're right.
>> All right. Thank you.
>> What do you want to do?
>> Well, what do you tell me?
>> We'll do this.
>> No, you don't tell me. Go ahead. Do the next case.
>> Do the next case.
>> Can we go ahead and do the bind over on this one?
>> Please go ahead.
>> Okay. To your honor, at this time, the people would motion for bind over. The court heard testimony from Deputy Gerwig saying that she's recorded and in the defendant slammed the victim onto the ground making her hit her head and lose consciousness. The court further went on to show that after this event she had a cut and also was unable to hold up her own body, flip her head. It's incoherent from this injury that she sustained from the defendant. The court further saw body cam footage of the in-car footage of the defendant resisting the arrest of the officers um refusing to put his hand behind his back away, refusing to walk to the car, fighting with officers uh while he was being arrested. The court also saw in the car the defendant spit on the car multiple times as well as kicking out the window and causing extensive damage over $2,000 to that patrol car. So why would we have met the burden of probable cause in this case and ask the court to find the words respond?
>> Um respectfully respectfully I when it comes to assault assault intended great behind domestic violence our client first of all we don't have any witness to witness it. The only thing we have is a tape and in the officer statements when when an officer statement and a 911 tape in which you can hear him clearly say they both are fighting. We don't know who was the aggressor in that situation. Um unfortunately I I can't cross-examine anybody to find out what was going on. Um, we do hear on the phone where he said, "Um, I picked her, he picked her up, my client, picking his print up and slammed her." But we don't know what that means. I can't cross-examine him and say I can't cross-examine him and say, "How was that? Was she trying to hit him? Did he grab her and that happened? Was it in self-defense?"
We we don't we don't have any of that in front of us, y'all. Um, respectfully, when it comes to the resisting, obstructing a police offer, I think we got one resistant, obstruction for the most part. Um, in Michigan case law, it has to be an individual, it has to be an individualized attack on each officer when they charge charge it in different counts. In this in this case, this was one situation which a group of officers were attempting to arrest my client.
Arrest my client. It's not like he kicked one officer, punched another officer. Um, it was one big it was one big and I would even say he was assaulted. It wouldn't even go to the assault part, more the resistant part. He was resisting I mean potentially resisting arrest. He was actually frightened and and I wouldn't even call it resistant arrest. He was he was just frightened.
But if we're going to call it that, he was fighting an arrest from multiple officers at the same time. So I would just say that wouldn't be against four different four different officers is is one.
>> Do you have that case law?
>> I do. Y I'm glad you asked.
>> All right.
>> Give me one second.
314 Mishap >> 314 Mishap >> 399 2016.
>> And what's it say?
>> It says um the holding is multiple counts of resisting obstruction where appropriate where the defendant committed distinct acts against multiple officers. Um, let me see.
First two convictions where the conduct was one continuous act that affected multiple officers.
>> Does like you said that's it's appropriate then to charge.
>> It's not it's not it's not appropriate to charge and the ethnic intimidation.
You really can't do that because with with ethnic intimidation he didn't do it act because of um because Mr. I think actually Deputy Gerwin he stated accurately it did would not amount to ethic intimidation.
>> Absolutely reprehensible and hurtful and beyond the pale in terms of what another human being should say but it may not constitute a crime. You're right.
>> I got I agree. So I think we only got about one kind of resisting obstruction resisting obstruction at the most. no ethnic intimidation and we don't have witnesses here in which I can cross-examine anything that was being said. The biggest thing we heard is that they both were fighting. That that was consistent that that was consistent in the report from WD Gerwig. That was consistent in the statement from off of the 911 call. We did also hear that he picked her up and slammed her. Well, we don't know the reasoning behind that and we don't know what that means. I'm not able to I'm not able to talk to Mr. Print up and say did did he pick her up because she was hitting on her like this and and dropped her. I'm not able to do that, y'all. So, respectfully, we're asking um actually we're asking to not bind over all the charges, but I would understand if there is one resistant obstruction charge >> one.
Okay. One I understand.
>> At what point are we talking about the resisting obstruction?
>> Are we talking about in the hallway where at least I saw three distinct incidents? Are we talking about going down the stairway which once at the bottom I saw another incident and or are we talking about at the car when they when he refused to follow the officer's instructions?
>> I would call it >> which resisting and obstructing would you say is the one? I would say I would say oh well I can't say I said I said if anything that's why I put if anything but I don't see three different distinct acts I see it all is one continuous act of the police trying to arrest him and put him in the car that that that's how I see it once they got the cuffs on they they got him up he walked out >> okay okay I see how you may be looking at it I think you're wrong but okay >> right that's what I that's what I'm that's how I'm looking at Respectfully, that's what we ask, you know.
>> All right. Anything I don't need any additional argument, but is there an argument from the people?
>> All right. The court after and all of the evidence in the case and seeing the exhibits in the videos would find that the people have indeed sustained their burden to the majority of these counts.
as it res regards count one, the assault with the intent to create commit great bodily harmless murder. Not only by the statements, but also when Deputy Smaha shows up afterwards, her interaction um with um Miss Prinup, but just that case of her getting dropped in her head because first of all, she has a cut. There's the blood that's in the apartment, but then also um as described by officer, her inability to carry on a coherent conversation and as the deputy indicated, she was looking to just stabilize her head. It's obvious that something had occurred given the statements that were made. I think that people could show in that a reasonable fact kinder could conclude that if there was an insult with attempt to do great val harm done on on misprint up by this defendant. So therefore the court will bind the defendant over on that charge.
Count two, the malicious destruction of fire and police property. I don't think there's should be any dispute. One can watch the video and see definitely that that's exactly what he did. did almost $2,500, $2,600 worth of damage to um that vehicle in his little fit of rage that he went into. with regard to the resisting and obstructing as contained in counts three, four, five, and six.
The court while understanding what the defendant is saying, if it were this one event in there, it could be charged as only or properly found to be only one.
But when one looks at the video, one can either be do this by officer or the separate events that this defendant engaged in as they are trying to take him into custody. Um, as I indicate, you just need to look at the acts of the defendant and what the officers had to do because there are some officers that aren't even engaged with the initially but have to then engage which he then resist that are happening in that um hallway area or that vestibule area.
There is then additional resisting instructing as he's coming down the stairway and other officers have to jump in to try to get him to do that. Particularly when he gets outside, he is walking after they've had to carry him down. He then goes into another event where he stops moving and they have to then move the officer or the officers have to move him. They didn't finally get him to the vehicle. Sitting there, they're trying to get him to just put himself into the vehicle as they have sat him in doorway and he is refusing to do that. And then the officers have to re-engage with this defendant to then put him in. So whether it be by officer or whether it be by a ban as the court has laid out I think the charges of resisting and obstructing and quite frankly I think that there could be more but I will bind the defendant over on four counts of resisting and obstructing. Um with regard to and I already stated with regard to the ethnic intimidation I think is one of the most despicable things this defendant could have entered into. Obviously not your finest moment, but also just uh just say shameful as a human being in particular shameful is you can roll your eyes all you want, but I'm going to tell you what when you can sit there and say that kind of thing, you as a man of color growing up in this country, I don't even know how you get there. Don't know how you get there.
But I don't think it fits the uh crime of ethnic intimidation and won't bind him over on that charge. The defendant is bound over on council one through six. You know what? You better check your client. Take him back. I bind him over. We'll call the next case up after you check him.
>> Next council, you acknowledge you see the information client stands me to those chairs. Yes.
>> And in every way, former reading, standing mute, court will enter a not guilty plea. Pre-trial in that matter will be set for >> July 17th at 1:30 before Judge Slay.
>> July 17, 2025 1:30.
Judge Slay Bond on that matter will continue. My understanding is he's waving on the other matter.
>> Mr. Gibson, you you're waving your right to a preliminary examination on the other case.
>> Correct.
>> And you understand that that's a proceeding where the people would have to show by probable cause the offenses alleged were committed and that you committed them.
>> Correct.
>> You understand you'll not have that hearing. You'll proceed to circuit court for further resolution.
>> People also wave the right.
>> Yes, your honor.
>> Preliminary examination have been way defendants bound over to circuit court on count one with two and three following. Council, you acknowledge receipt of the information wave of treating. Yes. Your >> client stands mute.
>> Yes. Yes.
>> Defendant name will wait for a reading standing mute. Court will enter not guilty. Ple to all three counts.
Pre-trial in that matter will be set for >> May 29th at 1:30 before Judge Slay.
>> May 29th, 2025. 1:30 Judge Slay.
And in that case, we'll continue. Thank you. What started as a confusing emergency call quickly escalated into a full courtroom battle built on body cam footage, officer testimony, and conflicting accounts of a violent domestic incident. The evidence painted a chaotic scene, but the defense challenged whether the situation was truly one-sided or a mutual altercation that spiraled out of control.
In the end, the judge found enough probable cause to move several serious charges forward, heavily relying on what was seen in the footage and described by responding officers. Cases like this show how quickly split-second actions and emotional moments can turn into life-changing legal consequences.
But the real question is, did the court get the full picture or only part of the story?
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