Michigan Attorney General Digest

Barton City man pleads guilty to domestic violence and witness tampering


The Michigan Department of Attorney General has obtained a guilty plea and prison time in an Alcona County case despite the defendant attempting to interfere with charges against him, Attorney General Dana Nessel announced Wednesday.

Richard Coutts Jr., 43, will serve prison time as a habitual offender by pleading guilty to:

• Domestic violence, his third offense, resulting in a minimum of four years and maximum of 15 years in prison.

• Assault with a dangerous weapon, resulting in a minimum of four years and maximum of 15 years in prison.

• Witness tampering, resulting in a minimum of four and maximum of 10 years in prison.

• Malicious use of telecommunications, resulting in credit for time serviced, which is approximately four months. 

• Obstructing and resisting a police officer, resulting in a minimum of two and maximum of 15 years in prison.

Additional charges including unlawful imprisonment and domestic violence were dropped as part of the plea agreement. 

Late last year, Coutts allegedly held a woman at knifepoint for multiple hours and threatened to kill her while admittedly high on meth, cocaine, and heroin. A second and similar incident happened shortly after the new year.

He was arrested Jan. 5 on those allegations in Oscoda Township. Once transported to the Alcona County Jail, Coutts became violent toward correction officers and law enforcement officers. 

The defendant attempted to break the window of the jail tank with the handcuffs as they were being taken off, resisted being placed in a restraint chair after attempting to break the window, and spit on an officer once restrained.

For the following two months, Coutts, despite being told to have no contact with the victim, called, texted and wrote letters from jail—including nearly 1,200 messages sent between Jan. 5 and Feb. 9 through the Alcona County Jail’s texting system.

“This plea agreement shows the dedicated work being done by the Department to uphold the law and achieve justice,” Nessel said. 

Coutts is scheduled for sentencing June 8 at 9:30 a.m. The sentences will run concurrent.

This project was supported in part by Grant No. WE AX 0030 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

 

Former police officer sentenced in public integrity case
 

A former Blackman-Leoni Township public safety officer who pleaded guilty to lying to a peace officer has been sentenced, Michigan Attorney General Dana Nessel announced Wednesday.

David Lubahn, 52, was sentenced Tuesday before Judge Carol Kuhnke in Ann Arbor’s 22nd Circuit Court to 12 months probation and he must complete 100 hours of community service within the next 6 months.

Under the plea agreement, he also forfeited his Michigan Commission on Law Enforcement Standards (MCOLES) law enforcement license and waived his administrative appeal rights as part of the plea agreement, meaning Lubahn will never be able to serve as a police officer in Michigan again. 

He pleaded guilty in March after being charged last year with one count of perjury of a record or document, a 15-year felony, and one count of misconduct in office, a felony punishable by up to five years in prison and a $10,000 fine. 

Those charges were dismissed as part of the agreement.

“Those who wear a badge carry the burden of protecting the public as well as the burden of everything the badge is supposed to represent,” Nessel said. “Mr. Lubahn is being held accountable for not abiding by the high standards law enforcement officers must meet to be effective in the communities they serve.”

Lubahn was an on-duty Blackman-Leoni Township public safety officer when he conducted an illegal search and seizure, which was captured on his body-worn camera. He subsequently made false statements in his police report, and then a misrepresentation and omission in the affidavit for a search warrant about his actions.  

Once charges were filed and announced in Sept. 2020, Lubahn was suspended and subsequently fired from the Blackman-Leoni Township Department of Public Safety.

 

Man extradited, arraigned in Wolverine Watchmen case
 

The Wisconsin man charged for his alleged participation in a domestic terrorism plot that included storming the Michigan Capitol and kidnapping elected officials has been arraigned, Michigan Attorney General Dana Nessel announced Tuesday.

Brian Higgins, 51, of Wisconsin Dells, Wisconsin, was arraigned from the Antrim County Jail Tuesday afternoon before Magistrate Norene Kastys.  He’s charged with providing material support of an act of terrorism, a 20-year felony.

Higgins was extradited from Wisconsin after withdrawing his extradition appeal. It is alleged that Higgins provided assistance in the plan to kidnap Gov. Gretchen Whitmer from her vacation home.  He’s one of eight men to face state charges in the alleged plot.

Higgins’ bond was set at $100,000, 10 percent and includes the following conditions:

• Will be placed on GPS tether prior to release,

• Must be seen by pre-trial services prior to release,

• No contact with Gov. Whitmer or her family,

• Must stay at least 500 yards away from the workplace and all residences of the Governor and her family,

• Must not be in possession of any weapons,

• Must not have any contact with militia or militia members.

• Must surrender his passport to the Court.

“My office is pleased to see Mr. Higgins arraigned in Michigan,” Nessel said. “Our focus remains on holding those who seek to do violence against elected officials—and therefore undermine our democracy—accountable.”

A probable cause conference is set for May 12 at 1 p.m.  A preliminary exam – which will be in person and Higgins will be required to return to Michigan for once scheduled – was not set at arraignment.
 

Home help provider charged with  Medicaid fraud
 

Michigan Attorney General Dana Nessel announced Tuesday that she has charged Khadisha L. Saunders-Davenport, 43, with one count of Medicaid Fraud-False Claim. 

The charge carries a maximum penalty of four years in prison and/or a $50,000 fine.

Saunders-Davenport is the owner of Synergy Home Services, a company enrolled with the State of Michigan as a home help provider. While employing caregivers, Saunders-Davenport also personally provided care for certain Medicaid beneficiaries. 

It is alleged Saunders-Davenport submitted false claims to Medicaid for home help care never actually provided and also during periods when beneficiaries were hospitalized and not receiving home help services at all. 

Saunders-Davenport allegedly submitted false claims to the state during 2018 and 2019 resulting in approximately $17,000 in improper Medicaid payments.

“Home help services are a valuable part of the care needed by many Medicaid beneficiaries,” said Nessel. “Those who think no one is watching this program for fraud and try to game the system will be held accountable.”

Saunders-Davenport was arraigned before Judge Andrea Larkin in the 54B District Court in East Lansing. She was given a $20,000 personal recognizance bond and her next court date is May 14 at 8:30 a.m. for a pre-exam conference.

The Michigan Department of Attorney General, Health Care Fraud Division, receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $5,025,536 for Federal fiscal year 2021. The remaining 25 percent, totaling $1,675.177, is funded by the State of Michigan. ­