National Wind Watch: Wind Energy News » Prosecutor declines to issue charges against Cato Township planning commissioner

The Montcalm County prosecutor has decided no criminal charges will be issued against a Cato Township planning commissioner related to an incident after a meeting earlier this month.

Cato Township Planning Commissioner Brandi Clark-Hubbard called Montcalm County Central Dispatch the night of Jan. 3 to request that police speak with fellow Planning Commissioner Kim Carr and Kim’s husband, Montcalm County Board of Commissioners Chairman Patrick Q. Carr, after an altercation took place between Pat and Brandi’s husband Matt Hubbard during and after that night’s Cato Township Board meeting.

While Brandi was speaking during public comment at that meeting, Pat and Matt repeatedly glared at each other and gestured at each other. At one point, Pat mouthed something about the two men going outside and Matt stood up and walked toward the door. However, Pat remained in his seat, so Matt returned to his seat.

After the meeting had ended, Pat and Matt made eye contact again and walked toward each other, until they were standing close, face to face.

“If you’ve got something to say, come to my house and say it,” Matt said. “You know where I live.”

Kim walked over and put her hands between the two men, pushing them apart from each other and trying to lead her husband away. Brandi also walked up and tried to lead her husband away.

“You know what, don’t touch me!” Matt declared to Kim. “Actually, I’ll just call the cops because you touched me. Like I said, you got something to say, Pat, you know where I live. Don’t do it here. Don’t be a little coward like you are.

“You know where I live! Stop by!” Matt declared as his wife continued walking him away.

“They are not worth it,” Brandi repeatedly told her husband.

POLICE REPORT

According to the Montcalm County Sheriff’s report, Deputy Dylan Tanis investigated the incident with his supervisor, Lt. Det. Tom Goerge.

“Matthew Hubbard reported that he was assured by Kimberlee Carr at the Cato Township meeting,” the police report stated.

According to the report, Matthew told police he was listening as his wife spoke during public comment near the end of the meeting when he heard someone speaking behind him, so he turned around.

“Matthew advised that when he turned around, he saw Patrick Carr looking at him,” the report stated. “Patrick then took his two fingers and pointed them at his eyes and then pointed the two fingers back at Matthew’s eyes. Patrick then pointed to the outside of the building. Matthew believed this gesture was Patrick’s way of telling him to go outside.

“Matthew then got up and went down the hallway. Matthew told me that he did this to be professional and not interrupt public comment. Matthew then walked to the hallway just to cool down. Matthew then returned to his seat and back down by Brandi while she was still speaking.”

Matthew told police he was putting chairs away after the meeting when Pat called him “a goat roper” and proceeded to “get up in Matthew’s face.” Matthew responded, “You know where I live.”

Matthew said Kim then walked up and “shoved” Matthew on his chest using only her left hand and told Matthew, “Get a life.” Matthew said his wife Brandi then broke things up and Matthew and Brandi left.

“Matthew reported that he had no injuries from the incident,” the police report stated.

“I was advised by Matthew that this was not the first time he was assaulted by Kimberlee and that Patrick had been up in other people’s faces too,” the police report stated. “Matthew told me that back in September, Patrick was in Jeremy’s (Kwekel) face arguing with him. Matthew then told Patrick that he was ‘barking up the wrong tree.’ Kimberlee then grabbed Matthew with her left hand and pulled on Matthew’s left elbow and asked Matthew, ‘What’s going on?’”

According to the police report, no injuries were sustained by anyone in that incident either.

Police reviewed video of the incident, including video footage taken by the Daily News (youtube.com/watch?v=kPOHACg9lTQ). Police also interviewed Jeremy Kwekel, Kevin Murphy and Jamie Snyder as witnesses.

“I was advised (by Kevin) that Patrick was flipping off Kevin’s wife during the meeting,” the police report states. “Kevin advised that the meeting was building up tension over the wind turbines.”

Det. Sgt. Steve Snyder later informally spoke with Pat Carr about the incident in the lobby of the Sheriff’s Office.

“Pat advised of past issues he and Matthew have had with each other and indicated Matthew was trying to provoke a fight,” Snyder stated in the police report. “Pat stated he tries to remain calm with this stuff but it really gets to him when people start verbally attacking his wife. He indicated the extent of the physical altercation was when he and Matthew were standing toe to toe, Kim came up between the two of them and put her arms out to separate the two.”

PROSECUTOR’S DECISION

Matthew told police he wanted to press charges against Kim Carr over the alleged assault. The Sheriff’s Office turned its report over to the Prosecutor’s Office and Prosecutor Andrea Krause issued her decision on Friday.

“After reviewing the police report and all the video evidence presented to me, I have concluded that there is insufficient evidence to issue any charges,” Krause said. “There are certain elements that must be met in order to charge someone with assault and battery. Specifically, there must have been a forceful, violent or offensive touching of the person. The offender must have also intended to commit a battery.

“After my review of all the information, I do not find sufficient evidence to prove beyond a reasonable doubt that Kimberlee Carr committed a touching as described above or had the necessary intent required. Therefore, I am not authorizing any criminal charges against Kimberlee Carr as requested in the Montcalm County Sheriff’s police report.”

When contacted by the Daily News, the Carrs and the Hubbards all declined to comment.