Assault, child porn cases prosecuted

Charlevoix County Prosecutor Allen Telgenhof announced the prosecution of three criminals last week for a number of crimes including domestic violence, assault with a dangerous weapon, and possession of child porn.

Domestic Violence
On Friday Jan. 24, in the 33rd Circuit Court in Charlevoix County, David Michael Thomas, 32, of East Jordan, was sentence to serve 16 to 60 months in prison following his conviction for domestic violence, third offense.
Thomas had pleaded guilty on December 20, 2019. He was initially charged with two counts of domestic violence, third offense and one count of attempted domestic violence.
According to an affidavit filed in the case, on September 23, 2019, Thomas engaged in assaults on two different victims, pushing one and striking another in the face. He also allegedly attempted to push a third.
Court documents show that Thomas had been convicted of three prior felony drug charges and 10 prior misdemeanors.

Assault
Shane Michael Crowell, 18, of Gurley, Alabama was sentenced to prison for 18 to 48 months with credit for 87 days served on a charge of assault with a dangerous weapon by Judge Roy C. Hayes of the 33rd Circuit Court in Charlevoix County.
Crowell had pleaded guilty on Dec. 6, admitting that he had struck a fellow inmate at the Charlevoix County Jail with a drinking mug.
According to the affidavit of probable cause in the case, the assault was the result of a card game in the jail.
This incident resulted in Crowell’s fourth conviction in seven months. Assault with a dangerous weapon is a felony carrying a maximum penalty of four years in prison.
Crowell was convicted of receiving and concealing a stolen motor vehicle and receiving and concealing a firearm on May 17, 2019 in Charlevoix County.
The court file in that matter indicates that Crowell and his brother had stolen vehicles in Alabama and Indiana to get to Michigan.
They had also stolen two handguns from vehicles and brought those to Michigan as well.
Police found and arrested Crowell at a residence in Bay Township on March 28, 2019.
Crowell was sentenced to ten months in jail on those charges on June 28, 2019.
On May 15, 2019, while those charges were pending, Crowell assaulted a fellow inmate at the Charlevoix County Jail, punching them and placing them in a headlock. According to court documents, this fight was as a result of the victim telling Crowell to pick up a banana peel in his cell.
Crowell pleaded guilty to aggravated assault on June 18 and was sentenced to serve 12 months in jail, concurrent with his pending sentence, on July 2.
Additional charges against the defendant are pending in the State of Alabama.

Child Sexually Abusive Material
Tracy Owen Penfold, 57, Boyne Falls pleaded guilty in the 33rd Circuit Court to possessing child sexually abusive material (“CSAM”) and using a computer to commit a crime.
The charges carry maximum possible sentences of four years and seven years in prison, respectively. The sentence on the computer crime charge may be imposed consecutively to the CSAM charge.
Penfold will also be required to register as a sex offender under Michigan law.
According to an affidavit filed in the matter, Penfold’s employer was experiencing computer issues on its network and hired a company to investigate and solve the problems.
The company discovered suspicious activity on the network and indicated that it needed physical possession of the computer involved to conduct further investigation.
The computer was turned over by Penfold to the employer and then to the company.
While working on the computer, the company discovered material that was believed to possibly contain CSAM and stopped all activity on the computer.
They advised the employer who then contacted the Michigan State Police.
The State Police forensically reviewed the contents of the computer and detected 98 images that were tagged as possible child sexually abusive material.
Five of the images were specifically described in the affidavit as appearing to include a child engaging in a sexual act.
In exchange for Penfold’s guilty pleas, the prosecution agreed to dismiss a third charge of larceny in a building.
According to the affidavit, that charge related to Penfold taking the work computer from his employer without permission.
Penfold is scheduled to be sentenced by Judge Roy C. Hayes III on February 28.

 

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