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The Leader & Kalkaskian



Local News

PUBLISHED: Wednesday, March 19, 2008
Alledged cover up handled swiftly



KALKASKA -"Nobody tried to cover anything up," Kalkaska County Sheriff, Bill Artress said from his office last Friday. "It was a mishandling of some evidence." Artress was responding to the recent media coverage of suspended sheriff's department employees.

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The story began to unfold when documents were made available after the fulfillment of a Freedom of Information Act request made by the Traverse City Record-Eagle. Staff members at The Leader contacted Artress more than a week ago to obtain a comment and he offered to share with The Leader all of the documents that at that time were about to be released as the result of the FOIA request.

"What happened was bad," he said last Friday. "It was dealt with swiftly and harshly."

The situation allegedly revolves around the son of Artress' administrative secretary, Jan Gualtiere. According to an internal investigation document, the incident also involves Kalkaska County sheriff's deputy, Christy Hoenicke and corrections officer, Barbara Szymchack.

All three were suspended without pay. Szymchack is back on the job and Gualtiere and Hoenicke are due back near the end of March.

Gualtiere's son, 16 at the time of the incident, had reportedly skipped school on Jan. 24. He ended up in the office of Kalkaska High School principal, Dale Kasza, along with Jan Gualtiere and Hoenicke, according to the internal investigation report, written by lieutenant Ray Hoffman.

Szymchack reportedly didn't get involved until Gualtiere and Hoenicke returned to the sheriff's department. That is when Hoenicke allegedly gave Szymchack the knife. According to the report, Hoenicke said that, "as a friend she had accompanied Jan Gualtiere to the high school regarding Jan's son skipping school."

Once in Kasza's office, the student pulled out a "butterfly" knife and placed it on the table where the four people reportedly were sitting, after Hoenicke asked the student "if he had anything on him that she should know about," according to the report. In the internal investigation report, there are differing details. According to the report, Gualtiere allegedly picked up the knife and put it in her purse or her pocket.ÊÊ

"Immediately after the meeting, Gualtiere gave the knife to Hoenicke and asked her to get rid of it," the report stated.

Gualtiere, Hoenicke and Szymchack all were on duty at the time of the incident. Upon returning to the sheriff's office, Hoenicke reportedly gave the knife to Szymchack and asked "if she could get rid of it."

Szymchack took the knife, allegedly with the intent to dispose or destroy it. The report states that Szymchack was given the knife on Jan. 24 and held it until Jan. 29, when Hoenicke asked Szymchack if she still had it and wanted it back. Szymchack reportedly returned the knife to Hoenicke.

Hoenicke reportedly placed the 5 1Ú4 inches-long knife that has a 3 1Ú2 inches-long blade, into evidence on Jan. 29.

According to documents released as part of the FOIA request, neither Artress nor his undersheriff, Bruce Gualtiere, Jan's husband, knew about the incident until Jan. 29.

"Once I was made aware of this incident; the investigation was immediately conducted and the appropriate disciplinary action was taken," Artress said. "This is an isolated incident. I have no doubt that anything like this will ever happen again. The citizens of this county elected me Sheriff because they put their trust in me to run the Sheriff's Office.Ê Under my leadership, I will continue working toward keeping "our" community a safe place to work, live and play."

The student reportedly was suspended and subsequently expelled from school. In a letter (dated Feb. 28, released as a result of the FOIA request) from Brian Donnelly, Kalkaska County prosecuting attorney, to Artress, Donnelly explained that he had not authorized criminal charges and noted that the incident occurred at the time the student was under the age of 17.

"The offense he committed, Possession of a Weapon in a Weapon Free School (MCL 750.237(a)(4) is a 93 day misdemeanor. Before reaching this decision I discussed this matter with Court Administrator Mark Holston. He oversees Probate Court and the probation of juveniles. He advised that because (the student) is no longer a juvenile and is facing adult felony level charges, there is no point in pursuing the weapon charge," Donnelly wrote.

Donnelly also wrote that he had considered the conduct of sheriff's department employees in the incident.

"I agree with your conclusion that their actions were improper and quite serious," Donnelly wrote. "I think it is significant that all parties were forthcoming with their involvement when asked.

"I have also taken into account the serious disciplinary measures which you have imposed. As a result it is unnecessary for my office to take any additional action." The case is closed.





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