First off, THANK YOU EVERYONE FOR YOUR HELP. Upon further research, I’ve found the the Attorney General, The Michigan Supreme Court and The Michigan Court of Appeals can ALL REMOVE GILBERT WITHOUT A PETITION BEING FILED WITH THE COURT!!

Please help us get their attention by simply copying and pasting the message below in an email to the Clerks of the Court and the State Court Administrator

Lead Counsel at the Attorney Generals

John VanDeventer 

miag@michigan.gov

Cheif Clerk of the Michigan Supreme Court - 

Larry Royster

msc_clerk@courts.mi.gov

Jerome W. Zimmer Jr. - Chief Clerk - Michigan Court of Appeals

Thomas P. Boyd - State Court Administrator

msc-info@courts.mi.gov (Same for both)

“Our city seeks your help in upholding the integrity of the Criminal Justice System and the Judiciary. David Gilbert, the Calhoun County Prosecuting Attorney and Chief Jim Blocker if the BCPD, are ignoring the obvious conflict of interest they both hold in the murder investigation of Xaiver West. As you review my petition you will see the the multiple conflicts that are present and the action that has been taken to accommodate them. Joel and Jared Fulton also hold friendships in the District and Circuit Court, to the extent where Joel has posted on his facebook pictures of him personally attending the swearing in ceremony 10th District Court Judge, Jason Bomia.

In People v. Doyle, 159 Mich App 632, modified on other grounds, 161 Mich App 743 (1987), the Court of Appeals upheld the trial judge's disqualification of an entire prosecutor's office because the disqualified assistant prosecutor failed to voluntarily withdraw from a case where the prosecutor's personal interest was obvious, and because the tainted lawyer held a supervisory position in the office. In so holding, the Court of Appeals rejected the prosecutor's argument that the appearance of impropriety alone was insufficient to support a disqualification order. The court was concerned with the preservation of public confidence in the impartiality and integrity of the criminal justice system, saying: "American courts have consistently held that the appearance of impropriety is sufficient to justify disqualification of a prosecuting attorney. Defendant need not prove actual bad faith or unethical conduct on the part of the prosecutor and his staff.. . . If the assistant prosecuting attorney concerned in the conflict of interest has supervisory authority over other attorneys in the office, or has policy making authority, then recusal of the entire office is likely to be necessary." 159 Mich App 632, 644-645. The precedent passed down in the opinion is clear, yet when questioned on the conflict of interest Attorney Gilbert implied that just because you cross paths with some one doesn’t mean it’s a relationship.

Attorney Gilbert is REQUIRED by MCL Section 49.160 and MRCP 1.7, to disqualify himself if there is a conflict of interest through a third party or a personal interest, which deems him unfit to serve. Attorney Gilbert is bound to disclose the conflict of interest, gaining consent from both parties to continue handling the case; which he did not, he consciously attempted to mislead the community, so that he could continue to be involved in the investigation, in which his close party affiliate and friend is involved.

The actions of Prosecuting Attorney David Gilbert(P41934), Chief Jim Blocker, and the officers of the Battle Creek Police Department, have destroyed the public confidence in the ability of their law enforcement and local government to be impartial and to act with integrity. These actions have shown the community that friendships and political affiliations, outweigh the  the oath's of office taken by these individuals and the impartiality required to preserve the Criminal Justice system.

Upon review of Michigan Legislation, Michigan Rules of Professional Conduct, and the Ethical Oath by which Michigan Attorneys are bound, we demand that Calhoun County Prosecutor, Attorney David Gilbert(P41934) be removed immediately from the Murder Investigation of Xavier West by the Michigan Department of Attorney General and a Special Prosecutor that does not bear a conflict of interest be appointed. Upon the appointment, we ask the Special Prosecutor immediately provide the office of the Michigan Attorney General a written request for investigative assistance from the Michigan State Police, removing any further involvement from members of the BCPD. We also request the entire 10th District Court and 37th Judicial Circuit Court be disqualified; Joel Fulton personally attended the swearing in of Judge Jason Bomia, with all the sitting members of the 10th District. 

Personal friendships and political affiliations have no place in the process of the administration of justice. Attorney Gilbert has violated his oath and does not deserve the privilege to be a representative for his community.

Please Help Us.”