Josh Kuiper wasn’t prosecuting a case when he returned to a Grand Rapids courtroom Friday.
The former Kent County assistant prosecutor appeared before Allegan County Judge Joseph Skocelas, who was in charge of determining whether there was enough evidence to send Kuiper’s case to trial.
Kuiper is charged with reckless driving causing serious injury and moving violation causing injury. The charges came months after the Nov. 19 wrong way head-on crash on Union Avenue SE. The man who was injured in the wreck is also suing Kuiper, who has since resigned from the prosecutor’s office.
Friday’s preliminary hearing focused on whether the crash caused serious injuries to the victim, Daniel Empson, who was hit as he stood beside his car. Empson is a Central Michigan University graduate.
Kuiper’s attorney Craig Haehnel said he doesn’t think the charge is justified.
“This man has suffered greatly. He’s been a well-respected assistant prosecutor in this county and is just a really likeable man. He’s suffered greatly. He’s lost his job. He’s financially in a bad situation just made worse by a charge which in my opinion is unfounded,” Haehnel told 24 Hour News 8.
One of the first witnesses Kalamazoo County Assistant Prosecutor Aubrey Koches called was Dr. Tim Lenters, who is an orthopedic surgeon. Lenters testified Empson had a fractured arm bone for which a physician assistant recommended six weeks in a sling. He said while Empson was discharged in mid-February, he won’t have full motion of his leg until 6 months to a year later. However, Lenters testified he didn’t treat Empson directly.
Empson also took the stand, describing back, hip and head injuries from the crash. He said he hadn’t slept in a bed for more than a couple of nights since the crash because of back pain.
Empson testified he still has some issues with his shoulder and had to adjust to using his left hand despite being right handed.
“My job was severely impacted. I was still able to perform some parts of it, but I didn’t have use of an arm for six weeks and didn’t have use of carrying certain weights for another 6 weeks after that so I couldn’t carry a camera couldn’t do the usual range of motion I usually could,” he said on the stand.
Empson said while doctors have cleared him for normal activities, he is cautious.
When questioned by Kuiper’s attorney, Empson said he wasn’t aware he had parked in a no parking zone when he was hit. Empson also testified he believed he had two alcoholic drinks the night of the crash.
Kuiper’s defense team argued Empson’s injuries were not serious enough to charge Kuiper with causing “serious impairment,” and he had motivation to embellish his injuries, given the civil case he’s filed.
Kuiper’s attorney called no witnesses during the hearing. Absent from the witness stand were the three officers who are being disciplined for how they handled the alcohol-related crash.
The judge ruled there was enough evidence to keep the charge and send Kuiper’s case to trial.
Shortly after the ruling, Empson’s lawyer issued the following statement to 24 Hour News 8:
“Dan and I are extremely grateful to the Kalamazoo County Prosecutor’s Office for the work that they have done on this case, and we are obviously happy with Judge Skocelas’ decision today to bind over Mr. Kuiper for trial. We continue to wait for the day when Dan will be allowed to explain all of what happened to him, and how it has affected his life. Until that happens, we will continue to cooperate with the prosecutors and police officers working on this case and fighting for justice just like we are,” stated attorney Brian Molde.
Officers Adam Ickes, Lt. Matthew Janiskee and Sgt. Tom Warwick are all being punished for allegedly conspiring to let Kuiper off with just a ticket.
Ickes reached a deal with the city to serve a 30-day suspension without pay; Warwick agreed to a 160-day suspension without pay and a demotion.
Janiskee is the only officer connected to the crash who has not reached a deal with department to keep his job. His termination hearing is scheduled for next week, but he is suing the city and his own department, saying his rights were violated.
The traffic crash report written by Ickes shows that alcohol was a factor in the crash and body camera footage shows Kuiper slurring his words following the wreck.
But the police crash report states Kuiper was able to “perform well on the alphabet and hand dexterity.”
Kuiper was not given a breathalyzer test. Instead, he received a ticket for driving the wrong way down a one-way street and Warwick drove Kuiper to a nearby home.Janiskee was the watch commander that night.
According to phone call recordings obtained by the city following the crash Ickes called Janiskee after responding to the crash to say the prosecutor was “hammered.”
The city says Janiskee told Ickes to stop talking and call back on “3407,” which is an unrecorded phone line in the watch commander’s office.
Those calls were actually recorded, although police didn’t know it at the time, the city stated in a lawsuit. According to the court record, investigators found five recorded phone calls on 3407 – three from Ickes to Janiskee and two from Warwick to Janiskee.
The city is asking a judge to rule whether the recordings must be released to those who filed Freedom of Information Act requests in the case.
While Kuiper’s case is being heard in Kent County, the case will be overseen by an Allegan County judge, to help alleviate a potential conflict of interest. Court officials told 24 Hour News 8 the only reason the case will remain in Kent County is because it’s close to where all the witnesses are, making it easier for them to testify.
Kuiper remains free on bond. His attorney said he will waive the circuit court arraignment.