Thursday, The Gateway Pundit brought you the story of an active duty Marine, Joey Nelson, who was arrested and charged with multiple felonies for defending himself, his family, his friends, and his home from an armed intruder.
Joey Nelson’s father, Steve Nelson, made this post on his personal facebook page:
On Saturday January 6th @ 1:00 am, a stranger tried to break into my 28 year old sons home.
He is an active duty Marine & has never been in trouble.
He was shot.
He was arrested by the Westland police and asked for a lawyer, by 2:00 am.
The detective that was on scene was intoxicated, belittled the home occupants for interrupting his evening and threatened to take the baby away with the help of CPS.
I had a lawyer at the police station by 10:00 am.
They refused to let him see Joey.
The lawyer returned with a writ from a Circuit county judge, ordering his immediate release.
The police refused.
Monday morning, @ 8:46 his lawyer said his wasn’t on the docket for arrigmment.
He was arrigned by 11:00 am
He was arrigned as a codefendant of the man who tried to break in, charged with 5 felonies & is being held on 150,000 cash bond, no 10%.
The man that tried to break in was charged with ONE count related to a firearm charge.
Please share,maybe someone out there can help.
This is the door that the guy tried to break in & the result of him shooting up the house, that has 5-6 people in it including my 3 week old grandson.
So you have allegations of the detective on the scene being drunk, and possibly getting the names of those involved mixed up, and thus, screwing up all of the paperwork in the reports. Plus, they are claiming that victim of the attack somehow conspired with the initial perpetrator?
A follow up post reads:
Thank you for the outpouring of support, advice, help and chicken!
We are private people, however we needed help; & thanks again for all of it.
Joey is still in Wayne county, with many working to get him out.
Some have claimed there has to be more to the story; here are the results of my investigation
Friday evening Joey and Amanda entertained friends in their home
Kori, long time friend of Amanda’s brings a guest, Andrea.
Joey and Amanda meet Andrea for the first time.
Andrea leaves the home
Andrea meets her boyfriend Michael as he has arrived via Uber
Andrea and Michael conspire to rob the house she just left
Michael tries to kick in the door & rob the place
Michael is confronted by the homeowner, who is armed
Michael uses his illegall firearm and shoots 8 times into the house
The homeowner returns fire and is wounded
Michael flees the scene
Joey calls 911.
Joey and Michael have never met.
Joey is arrested
We all know the rest;
Joey and Michael are charged as codefendant’s, making it appear they committed a crime together
Joey is charged with 5 felonies, 150,000 cash bond which means 15,000 cash plus collateral eaqul to 150,000
Michael is out on 500 bond, charged only with illegall carry.
Joey was denied medical care by the Westland PD
Joey was denied everything by Westland ,PD including his lawyer
The Westland PD ignored a Writ by a sitting Circuit court judge to release Joey.
Please keep up the nosie until we get him out
Then we will address the bogus charges
FREE JOEY NELSON
Nelson’s attorney, Cliff Woodards, made this comment on a facebook thread:
I suppose now I can add my two cents to this story as well. When I went to see Joseph at 10:30 am Saturday morning, the officer on duty didn’t bother to look up at me when I arrived. I waited until he finished a computer entry at which time I presented my bar card and identification and asked to see my client.
The officer handed me a half sheet of paper printed with a synopsis of the Michigan Supreme Court’s opinion in People v Tanner (2014). In that case the court ruled the police are not obligated to allow an attorney to visit a detainee unless the individual has requested to speak to a lawyer.
I have never had a jurisdiction deny me the privilege to speak to my client until this past Saturday.
Furthermore, the officer wouldn’t even tell me what they were holding Joseph for. I’ve never had a jurisdiction treat me in this manner either. He snarkily told me that if I gave him my card and if he asked for a lawyer, he would give the card to him.
Knowing that they were already afraid to let Joseph see counsel, I didn’t have any confidence that he would pass the card to my client. Thus I told him before leaving “Never mind. I don’t believe you’d give it to him anyway.”
I called Joseph’s parents and told them what had just occurred. They were understandably outraged. They then authorized me to obtain a writ of habeas corpus. I contacted a judge who signed the writ. I went back to the Westland police station and met Joseph’s parents.
Upon my arrival, Mr. Nelson told me that he overheard the officers talking with each other about the “black attorney that came to see Joseph who was in here acting all ghetto.”
I walked up to the counter and presented the writ to the very same desk officer. Eventually, a sergeant came out to the lobby and asked for my identification. I gave him my passport card. He looked at it and said “What is this?” I told him “It’s a passport card.” He replied, “You don’t have a driver’s license? Most people have a driver’s license.” I responded “Sergeant, that’s FEDERAL identification. What if I were a blind attorney who didn’t drive?” He begrudgingly took it and said “I guess I’ll run it through the computer.”
WHY he needed to run my name through the computer I’ll never know.
Soon thereafter, another officer came out and told me that my writ was suspect. He had looked up the judge’s name and found that the judge had the same business address as mine. I told him that six years ago, before the judge was elected, we shared office space. I showed him the online bar journal record for the judge which has the current court address for the judge. He said “Yeah, I know she’s a judge and that’s where she’s assigned, but you all had the same address…”
I asked him of what exactly was he accusing me. He told me that the writ didn’t have a court seal, it didn’t have a case number. I told him, how could it have 1) a court seal when writs are usually signed out of court and off-hours and 2) my client had not yet been charged so there couldn’t be a case number.
He just looked at me and walked away.
Eventually, he returned and told me that 1) he thought I was “playing games” and 2) he wasn’t going to honor the writ unless the judge came to court in person.
I eventually left knowing he was in direct violation of MCL 600.4331, which states “If the person upon whom the writ of habeas corpus was duly served refuses or neglects to obey the writ without sufficient excuse, the court or judge before whom the writ was to be answered, upon due proof of the service thereof, shall direct the arrest of such person.”
White family hires black lawyer. Black lawyer contacts black judge. But this is Westland. Maybe that’s why it took them 51 years to finally get around to electing its first black city council person.
Trust me. This isn’t the end. It’s only the beginning.
Yes, you read that correctly. The Wayne County jail guards are refusing to follow a judge’s orders and are denying Joseph Nelson his right to an attorney.
The Westland police apparently issued the following press release:
Westland MI – (January 10, 2018) Subject arrested on multiple assault charges after shooting a firearm at a man.
On January 5th at approximately 11 p.m. the Westland Police Department was dispatched to an address on the 1700 block of Ackley Street on a report of a shooting that had occurred.
Upon arrival officers investigated the crime scene, interviewed multiple subjects including eye witnesses, and collected physical evidence from the scene. The investigation revealed that there had been an altercation stemming from a mutual female acquaintance inside the home, which led to the shooting.
As a result of this investigation multiple suspects were arrested including 24 year old Kori Willhite, (female), of Garden City, 28 year old Michael Nelson of Westland, and 39 year old Michael Wilson of Detroit. Another female was also arrested but has since posted bond and has not yet been arraigned. Her identification and charges cannot be released at this time.
Willhite was arraigned on misdemeanor charges of disguising her identification to a police officer and possession of improper prescription drugs. She was arraigned in the 18th District Court before the Honorable Judge Cicirelli and assigned a bond of $50,000 10%. She is scheduled to appear back at the 18th District Court for a pretrial on January 16th, 2018 at 1:30 p.m.
The Westland Police Department submitted a warrant to the Wayne County Prosecutor’s Office for the charges against Wilson. The Wayne County Prosecutor’s Office found sufficient evidence to approve a felony warrant on Wilson for one charge of carrying a concealed weapon.
Wilson was arraigned in the 18th District Court on January 8th, 2018 in front of the Honorable Judge Cicirelli. Judge Cicirelli assigned Wilson a bond of $5,000 10%. He is scheduled to appear back at the 18th District Court for a probable cause conference on January 18th, 2018 at 8:30 a.m.
The Westland Police Department submitted a warrant to the Wayne County Prosecutor’s Office for the charges against Nelson. The Wayne County Prosecutor’s Office found sufficient evidence to approve a felony warrant on Nelson for charges of assault with intent to commit murder, assault with intent to do great bodily harm less than murder, assault with a dangerous weapon, (felonious assault), and felony firearm.
Nelson was arraigned in the 18th District Court on January 8th, 2018 in front of the Honorable Judge Cicirelli. Judge Cicirelli assigned Nelson a bond $150,000 cash or surety. He is scheduled to appear back at the 18th District Court for a probable cause hearing on January 18th, 2018 at 8:30 a.m.
This is an open case, and further details cannot be released at this time.
Act 309 of 2006
(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:
(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.
(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.
You can reach the Wayne County District Attorney Kym Worthy at (313) 224-5777.
You can reach Westland police chief Jeff Jedrusik at 734-722-9600.
The Westland office of the Wayne County Sheriff, Benny N