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Former Bay City Public Safety Officers (left to right) Keath B. Bartynski, Brian K. Ritchey and Don Aldrich.

BAY CITY, MI —

An internal Bay City police investigation confirms allegations of misconduct by three former officers involved in a confrontation at a Midland Street Historic District bar in May.

The investigation’s findings were obtained by The Bay City Times through a Freedom of Information Act request. The report supports Joshua Elzinga’s claims that he was improperly detained and had his cellphone stolen by the Bay City police officers outside of Steamer’s Pub on Bay City’s West Side on the early morning of May 2.

The investigation sustains 13 allegations against Don Aldrich, Brian K. Ritchey and Keath B. Bartynski, including claims all three were not truthful during the course of the investigation. The three officers resigned June 17, the same day they were presented with the results of the investigation.

“The allegations were serious,” said Bay City Public Safety Director Michael J. Cecchini. “The investigation that my department conducted was thorough and fact-based. Any conclusions in the investigation were supported by fact. All known witnesses were interviewed. Our goal is to be thorough, to get to the truth of what occurred.”

With the resignation of the officers, the Bay City Public Safety Department considers the matter closed. A criminal investigation is concluded but the findings haven’t been released. Elzinga's attorney is hinting that his client may file a civil lawsuit seeking a six-figure settlement from the city of Bay City.

What the investigation found

The Bay City Public Safety Department conducted an internal investigation after Elzinga filed a citizen’s complaint regarding the matter. At the same time, the Michigan Sheriffs’ Association Mission Team launched a separate criminal investigation.

Aldrich, Ritchey and Bartynski were placed on paid administrative leave for the duration of the investigations before resigning on June 17.

Here is what the internal investigation – completed in mid-June - found:

• Allegation 1: On May 2 at approximately 12:45 a.m., Officer Brian Ritchey approached Joshua Elzinga in Steamer’s Pub regarding a picture and comment posted on Facebook by Elzinga. Officer Ritchey used profane language and was unprofessional when he approached Elzinga. — Sustained

• Allegation 2: Officer Aldrich was off duty at Steamer’s Pub when he confronted Elzinga. Officer Aldrich was intoxicated, yelling and using profanity, challenging Elzinga to fight. Officer Aldrich was identified by the patrons as an off duty officer and he brought discredit to the Bay City Public Safety Department by his inappropriate actions. — Sustained

• Allegation 3: Officer Ritchey and Officer Bartynski responded to a fight involving Officer Aldrich off duty. Both officers failed to notify a supervisor in a timely fashion that they were responding to a call involving an off duty officer. — Sustained

• Allegation 4: Officer Bartynski and Officer Ritchey failed to properly call out with a fight and instead Officer Ritchey called it out as a COPS stop (where police meet face-to-face with members of the public). — Sustained

• Allegation 5: Officer Bartynski arrived at Steamer’s Pub. Officer Bartynski forcefully removed, handcuffed and searched Elzinga without cause and failed to properly investigate the incident. — Sustained

• Allegation 6: Officer Bartynski seized Joshua Elzinga's phone from him. Neither Officer Bartynski nor Officer Ritchey took any steps to make sure the phone was properly secured. The phone was not returned to Elzinga because it could not be located after he was released. — Sustained

• Allegation 7: Officer Aldrich stole a cell phone belonging to Joshua Elzinga in order to destroy evidence of his misconduct. — Sustained

• Allegation 8: Officer Ritchey and Officer Bartynski allowed Joshua Elzinga’s phone to be stolen and they did nothing to stop it. — Sustained

• Allegation 9: Officer Ritchey was not truthful at times during the course of this investigation. — Sustained

• Allegation 10: Officer Bartynski was not truthful at times during the course of this investigation. — Sustained

• Allegation 11: Officer Aldrich was not truthful at times during the course of this investigation. — Sustained

• Allegation 12: Officer Ritchey and Officer Bartynski communicated with each other about this investigation and their interviews, which was in violation of a direct order that they were both given on May 3 and again on May 9. — Sustained

• Allegation 13: Officer Aldrich spoke with a neighbor about this investigation, which was in violation of a direct order he was given on May 3 and again on May 9. — Sustained

Cecchini summed up the department's internal investigation of the officers as thorough and needed to preserve the department's integrity.

“We take all complaints or allegations of misconduct seriously," he said. "We do a thorough job because police officers have to be held to a higher ethical standard than the general public or other people in other professions.

"Police officers have a lot of authority through the color of law — they can arrest people, seize property, use force up to and including deadly force if necessary. I take it very seriously that police officers must conduct themselves appropriately at all times," Cecchini said.

City leaders react

Some city leaders say the incident is unfortunate, but that it was dealt with properly and the city needs to move forward.

“I wasn’t happy about the incident, but it shouldn’t reflect on all of the other police officers; we have a lot of good police officers out there," said Chad Sibley, commissioner of Bay City's 8th Ward, where Steamers Pub is located. "I think it was handled appropriately. It was dealt with very quickly, swiftly. Now we can move on and focus on things we need to focus on.”

Bay City Mayor Christopher Shannon agrees.

"The actions have already been taken," Shannon said. "The trust of the public is at stake, and (Cecchini) is going to see the department is run honestly and with a high degree of integrity. I think we need to put this behind us."

The city reimbursed Elzinga for the cost of his phone. A check dated June 26, in the amount of $650.78, — the amount Elzinga paid for the phone — was received by Elzinga on July 2, according to Jason P. Gower, a Bay City attorney representing Elzinga. The check was signed by acting City Manager Dana Muscott and Bay City Treasurer Patricia Fritz.

Muscott has said the decision to pay Elzinga for his cellphone was hers and that the sum was processed under the city's self-funded insurance plan.

Muscott said she is satisfied with the handling of the department's internal investigation.

"The internal investigation was conducted as it should be," she said. "The officers ultimately resigned, so we did not have to pursue any actions off the internal investigation."

The aftermath

But the matter may not be closed — not for Aldrich, Ritchey and Bartynski, or for the city of Bay City.

The criminal investigation into the officer's actions was conducted by the Michigan Sheriffs’ Association Mission Team using detectives from outside counties. That investigation also is completed, but the findings have not been made public.

The criminal investigation report is now in the hands of the Michigan Prosecuting Attorneys Coordinating Council, a group within the Department of Attorney General that will determine whether or not criminal charges are warranted against the three former officers.

That report was first sent to Bay County Prosecutor Kurt C. Asbury, who forwarded it to the Michigan Attorney General's Office to request a special prosecutor to avoid any conflict of interest.

Sonny Gast, a spokeswoman for the attorney general's office, said that the matter has been sent to a special prosecutor for review. The Attorney General's Office has not returned subsequent calls seeking an update on the status of that review.

Gower said his client is happy with the department’s findings, and that Elzinga credits other citizens for supporting his complaint.

"The report speaks for itself," Elzinga said in a prepared statement. "Thank God for witnesses who came forward and began witnessing and filming the unlawful conduct I was subjected to by the former officers."

Elzinga declined to speak with Mlive and The Bay City Times directly. The Times also has been unable to reach former officers Ritchey and Bartynski for comment regarding their resignations or the department's investigation. Aldrich, who has since started a private security agency called Mid Michigan Security Consultants, declined to comment.

Gower said he and his client are considering their options as far as filing a civil lawsuit. Gower said he plans to approach the city with a settlement offer before taking any legal action. If a suit is filed, Gower anticipates it will happen in federal court.

"There's First Amendment claims because they were trying to suppress his right to free speech, there's Fourth Amendment claims, there's a list of state claims that would follow," he said.

Gower said he feels his client deserves more compensation.

"We're going to propose a settlement of upwards of six figures," he said. "A good start would be to add three zeroes to that check they gave him."