Black Father KILLED by a White Security after being told "Yall Nigge*rs need to get out."

Black Father KILLED by a White Security after being told "Yall Nigge*rs need to get out."

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Christen Hardy started this petition to Michigan Attorney General Dana Nessel and

The video from the night of the shooting can be found in the link below

https://drive.google.com/drive/folders/1-3LQaJb39tMqQz5MAkHdrUkdZ16epg1q?usp=sharing

The documentation showing the conflict of interest among the parties mentioned in the petition, along with case law, MCL's, and lies told by city officials are contained in the link below. 

https://drive.google.com/drive/folders/1mLqk2Ew8aGUEgGoXYYb6kr7RDY5XvPkq?usp=sharing

On 11/25/21 Xaiver West shot twice in the chest while unarmed by Adam Yancer, at the Cricket Club in Battle Creek, Mi. Adam Yancer is a friend to Joel and Jared Fulton the Cricket Owners, in addition to being an employee at both the Cricket Club and Freedom Firearms; in total the Fulton’s own three separate businesses in Calhoun County. Joel Fulton has been involved in Calhoun County politics since the mid-2000's, he has had a close working relationship and/or friendship with the Chief Judge Pro Tempore of the 37th Circuit Court, John Hallacy; 10th District Court Judge Jason Bomia; Calhoun County Prosecutor David Gilbert; Battle Creek Police Chief Jim Blocker and Battle Creek Mayor Mark Behnke. This is not an exhaustive list; these individuals are listed because we are going to provide you with tangible evidence showing the conflict of interest that has led to a biased and unethical homicide investigation into the murder of Xaiver West. 

The Cricket Club has a capacity of somewhere between 290 - 300, on the night of 11/24-11/25 there were over 900 individuals inside the bar. There were over 20 private security guards hired, the Battle Creek Police Department was present doing walk throughs the entire night, and Joel and/or Jaerd Fulton gave Adam Yancer permission to open carry his firearm (that he shoots recreationally with Jared) in an establishment serving alcohol. Because Yancer was identified as an employee, it allows him to legally carry despite Section 28.425o of Firearms Act 372 of 1927. 

See the MCL here - http://legislature.mi.gov/doc.aspx?mcl-28-425o

Multiple witnesses reported Adam Yancer working the door and identified him as the individual who assisted screening and searching guests for weapons; they also mentioned how aggressive and rude he was. There had been comments made throughout the night in the bar from guests asking, "Why are there so many nigg*rs here?" Closer towards midnight a fight broke out on the second floor after a female bartender began to use racial slurs in which drinks began to be thrown from the guests, as well as by the bartenders. This resulted in a fight breaking out, in which Xaivers group was part of the fight. As they group was being walked down the stairs, Adam Yancer bolts from the door to the bottom of the stairs and says "Yall nigge*rs need to get out," while repeatedly pushing individuals in the group, which caused another fight to break out. The scuffle lasted less than 30 seconds, after instigating a fight with racial slurs and physical touching, Adam Yancer began was overcome after losing his footing, he reached for his gun and shot into the crowd while not even standing up straight. Xaiver who was 9 feet away from Yancer was shot twice in the chest. As you can assume Adam Yancer is claiming self-defense under the Castle Doctrine claiming he was in fear for his life. David Gilbert, a longtime friend and political ally to Joel Fulton is the County Prosecutor, declined to press charges saying that Adam Yancer met the criteria for Castle Doctrine.

Unfortunately, Attorney Gilbert has intentionally misled the public by withholding information about the Cricket Employees who were loosely using the term "nigger" at guests, and the fact Adam Yancer was one of those individuals. He neglected to include those statements in which the police were told that other security guards had told Adam Yancer to stop pushing individuals in Xaiver's group, as they had the situation under control, yet he continued to physically push them until a fight broke out. He lost his footing and then began to lose the fight; 25-30 seconds after the start of the fight he instigated. That's when he became "in fear for his life" and pulled his weapon, shooting blindly into the crowd, striking Xaiver who was 9 feet away, twice in the chest. David Gilbert put in his written opinion that “There does not appear to be a reason for the attack, other than open person involved stating they believed Yancer wanted to fight them, which itself does not appear to be reasonable.”

David Gilbert attempted to slide into his written opinion that Joel/Jared Fulton claim that Xaiver punched him in the back of the head. He also forgot to inform the public that a total of 4 shots were discharged that night, and witnesses put two of them upstairs. Joel and Jared Fulton would have been the only other individuals who were open carrying that night; so which one is he attempting to hide the identify of due to their discharge of a weapon inside their club that was 3 times the capacity.

David Gilbert needs to be recommended for Disciplinary Action by the Michigan Attorney Grievance Commission, and formally disciplined by the State of Michigan. He has destroyed the communities trust in the criminal justice system, and the ability of his office and law enforcement to conduct themselves impartially and with integrity. Calhoun County Prosecutor David Gilbert, the top Law Enforcement Official in Calhoun County has broken his oath to the community by:

- Failing to disclose his connection to Joel Fulton at the beginning of the investigation without pressure from the news media
- Failing to inform the community that during his time of the Calhoun County Gun Board he worked side by side with Joel Fulton to create and modify policies for Calhoun County CPL holders, starting in the mid 2000's.
- Failing to inform the community that - Failure to be truthful with the community about Joel Fulton’s connection to the Calhoun County GOP. His ex-wife held a leadership position while they were married, and she even ran for State Senator.
- Failure to be transparent with the community concerning the relationship between Joel Fulton and Adam Yancer. Adam Yancer worked not just at the Cricket as a security guard that night and he as worked at  Freedom Firearms since at least 2014.
- Adam Yancer served as the Vice President of Michigan Open Carry, which is a non-profit firearms rights organization focused on the normalization of citizens openly carrying a pistol in a holster. Joel Fulton is a lifetime member of this group.
 - Failing to notify the community that he previously was the Defense Attorney for an immediate relative of Xaiver West
- Failing to inform the community that Adam Yancer’s Criminal Defense Attorney Terry Johnson is heavily involved with Freedom Firearms, another business owned by Joel and Jared Fulton in which the Police regularly participate in interviews, infomercials, and frequent the Cricket Club while off duty.
- Failing to inform that community that he is associated with the Calhoun County Gun Owners association, and spoke for them on July 12, 2012 concerning his political run for office
- Failing to inform the public that Joel Fulton is actively involved with the Calhoun County Gun Owners Association, regularly represents them when speaking at committee meetings in Lansing with legislators; this is documented in the official minutes which are public information
- Failing to inform the public that on November 10th, 2016 Adam Yancer’s Criminal Defense attorney Terry Johnson was the guest speaker at the Calhoun County Gun Owners associated which can be tied to Chief Judge Pro Tempore of the 37th Circuit Court and himself.
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- Failing to inform the community that the "fundraiser" hosted by the Cricket on 11/16/19, was also a tailgate party. Monetary donations were accepted, $50 per person and $75 per couple. 

- Failing to inform the community that on January 25, 2016, he participated in a panel discussion with Joel Fulton at the Calhoun County Tea Party Meeting on the role of law enforcement and the courts with the changed state law regulating the concealed carry permits of a firearm; it also discussed the Second Amendment to the U.S. Constitution and Michigan Law regarding a citizen's right and responsibilities for the open or concealed carry of a firearm. 
- Failing to notify the community that on June 5th, 2020, he participated in an interview on the Tom Collins morning show with Adam Yancer's Criminal Defense Attorney, Joel Fulton, and Police Chief Jim Blocker called “When can you use force to save yourself from an attacker?”
- Failing to inform the community that on March 23,2021, he participated in a 2nd Amendment Sanctuary Informational Forum as a Panel Discussion, in which Joel Fulton was a panelist as well.
- Failing to inform the community his stepson's WMU graduation party was held at the Cricket in May 2021
- Failing to be truth concerning Joel Fulton’s role as a Republican Delegate, he “I know him, but I don’t socialize with him. He might be a Republican delegate, but he doesn’t come to meetings,” in a 12/16/21 article with the Battle Creek Enquirer. Yet on 8/24/18 The Calhoun County Republican Committee posted on their Facebook that Joel Fulton would be Calhoun Delegation Chair due to an injury.

This is not an exhaustive list, but a presentation of the crux of our complaint concerning Attorney Gilbert, the Battle Creek Police Department, and any Judicial body in Calhoun County, Michigan being involved in the homicide investigation of Xaiver West. Two month’s to the day of Xaiver’s murder Gilbert declined to press charges on Adam Yancer. Adam Yaner was never arrested for the murder, Battle Creek Police said that there was no probable cause to conduct any chemical analysis and not a single Judge from the 10th District Court or the 37th Circuit spoke out concerning the unethical behavior of the BCPD and the Prosecutor for not disqualifying themselves due to a conflict of interest. 

Please help us get Justice for Xaiver West, the purpose of this petition is to bring awareness to the misconduct by public officials in Calhoun County, and request that.
1. Dana Nessel, the Michigan Attorney General takes the role of Special Prosecutor in the homicide investigation. 
2. Adam Yancer be arrested and charged for the murder of Xaiver West
3. Attorney David Gilbert be formally disciplined by the State of Michigan for his misconduct
4. The Department of Justice open an investigation into the Civil Rights violation of Xaiver West
5. The Federal Bureau of Investigation open an investigation into the coordinated effort by multiple city officials misleading the public, and cohesively working to obstruct justice in the murder investigation of Xaiver West as it appears to be organized crime. 
6. The venue of the criminal trial will be moved to a district bearing no conflict of interest with Joel Fulton, and that jurors are selected from outside of Calhoun County. 
7. If any obstruction of justice is found, that any and all individuals who operate under “the color of law” be criminally prosecuted.
9. Michigan Licensing and Regulatory Authority and Michigan Liquor Control Commision revoke the Liquor License of the Cricket Club and impose sanctions as written; noting that the fine should take into account punitive damages as the owners knowingly allowed over 900 people to be present in the bar, and allowed an employee to open carry due to personal beliefs not in the interest of personal or public safety. Over 20 private security guards were hired for the night, and the Battle Creek Police Department had a heavy physical presence inside the club all night according to Gilbert’s opinion. 

Case Law

"In Michigan, however, appointment of a special prosecutor is authorized by statute. The Michigan statute authorizes the court to appoint a special prosecutor to replace a prosecuting attorney who is disqualified because of a conflict of interest or who is otherwise unable to attend to his duties "upon a finding to that effect by the court." MCL 49.160(1); MSA 5.578(1). Therefore, the determination of the existence of a conflict of interest is a question of fact and should be reviewed under the clearly erroneous standard of MCR 2.613(C)."

People v. Doyle, 159 Mich. App. 632, 641 (Mich. Ct. App. 1987)

The instant cases fall into the second category, which includes situations where the prosecuting attorney has a personal interest (financial or emotional) in the litigation, or has some personal relationship (kinship, friendship or animosity) with the accused. In Michigan, the recusal of a prosecuting attorney who has a personal interest in the case is required by the Code of Professional Responsibility. Canon 9 provides that "a lawyer should avoid even the appearance of professional impropriety."

People v. Doyle, 159 Mich. App. 632, 641-42 (Mich. Ct. App. 1987)

"The second policy served by disqualification of a prosecuting attorney for conflict of interest is the preservation of public confidence in the impartiality and integrity of the criminal justice system. Greer, supra, p 268; Conner, supra, p 146; 31 ALR3d 953. American courts have consistently held that the appearance of impropriety is sufficient to justify disqualification of a prosecuting attorney. A defendant need not prove actual bad faith or unethical conduct on the part of the prosecutor and his staff. Love v Superior Court,111 Cal.App.3d 367; 168 Cal.Rptr. 577 (1980); 31 ALR3d 953; Ward v State,33 Okla. Cr. 182; 242 P. 575 (1926)."

People v. Doyle, 159 Mich. App. 632, 644 (Mich. Ct. App. 1987)

"Although a prosecutor necessarily stands as an adversary to the accused, "[r]ecusal is . . . appropriate where the prosecuting attorney has a personal interest in convicting the accused, since the state's interest is in attaining impartial justice, not merely a conviction." People v. Doyle,159 Mich. App. 632, 406 N.W.2d 893, 899 (Mich. Ct. App. 1987); see also Young v. United States ex rel. Vuitton et Fils S.A.,481 U.S. 787, 803, 107 S. Ct. 2124, 95 L. Ed. 2d 740 (1987) ("The responsibility of a public prosecutor differs from that of the usual advocate; his duty is to seek justice, not merely to convict.").

People v. Tennessen, 2009 Guam 3, 28-29 (Guam 2009)

"A second category concerns disqualification arising from a conflict based on a personal interest in the litigation or on a personal relationship with the accused. Doyle, 406 N.W.2d at 897-98; see, e.g., People v. Choi, 80 Cal. App. 4th 476, 94 Cal. Rptr. 2d 922 (Ct. App. 2000). The instant appeal falls within this latter category, and we therefore look to these cases for guidance.

"The court in Doyle suggested that the disqualification of a supervising prosecutor requires disqualification of the entire office:

The general rule is that a conflict of interest involving the elected county prosecutor himself requires recusal of the prosecutor and the entire staff. Since assistant prosecutors act on behalf of the elected county prosecutor and are supervised by him, the policies of fairness to the defendant and the avoidance of an appearance of impropriety require this result."

People v. Tennessen, 2009 Guam 3, 33-34 (Guam 2009)

"Prosecutors therefore owe unique a duty to the accused and to the citizenry at large to ensure that criminal trials both are fair and appear fair. Id.; Engle v Chipman, 51 Mich 524, 525-526; 16 NW 886 (1883); People v Evans, ___ Mich App ___, ___; ___ NW2d ___ (2020), Docket No 343544, slip op at p 7, citing Berger v United States, 295 US 78, 88; 55 S Ct 629; 79 L Ed 2d 1314 (1935); see also, People v Carmichael, 86 Mich App 418, 423; 272 NW2d 667 (1978). "[T]he prosecuting attorney, and any one associated with him, must be exclusively a representative of public justice, and stand indifferent as between the accused party and any private interest." People v Auerbach, 176 Mich 23, 44; 141 NW 869 (1913). Indeed, the prosecutor's "duty of impartiality" has been described as "not altogether unlike that of the judge himself." Meister v People, 31 Mich 99, 104 (1875). Thus, prosecutors may be disqualified out of fairness to the accused, or merely to avoid the appearance of impropriety even in the absence of proof of bad faith or unethical conduct. Doyle, 159 Mich App at 643-644."

People v. Mienkwic, No. 347863, 4-5 (Mich. Ct. App. Jan. 28, 2021)

 

 

 

 

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