BY DON SCHELSKE
Clarkston News Staff Writer
An Independence Township businessman allegedly assaulted both a police officer and his own wife in the same evening, and now faces charges from two communities.
Thomas M. Wilhelm, 45, of Lake Angelus, was arrested by the Clarkston Police Department on Jan. 15 after an incident at the Clarkston Union. After being released that evening, he later was arrested by the Lake Angelus Police Department.
Wilhelm is scheduled for a pretrial conference at 8:30 a.m. on Jan. 28 before 52-2 District Judge Kelley Kostin on charges of assaulting a police officer (a two-year felony), assault and battery (a 93-day misdemeanor), and creating a disturbance (a 90-day misdemeanor).
During arraignment on Jan. 20, Kostin allowed Wilhelm to go free on a $100,000 personal bond (which does not require any payment in advance).
According to Clarkston Police Chief Ernest Combs, Wilhelm and his wife came to the Clarkston Union after having dinner elsewhere. When they were about to leave, the restaurant management believed they should not be allowed to drive because of the amount of alcohol they had consumed during the evening.
‘He was very loud, very boisterous, insulting people, and making hand gestures,? Combs said.
While trying to work out alternative transportation, Combs said, Wilhelm (who is confined to a wheelchair) grabbed the manager’s clothing and pulled him down with an apparent attempt to hit him. That motivated the staff to call police.
When the Clarkston police officer arrived and engaged Wilhelm in conversation, Wilhelm grabbed the officer’s coat, pulled him down and hit him in the face, Combs said.
Combs said the officer, ‘using great restraint,? backed away and used pepper spray to subdue the suspect.
Wilhelm was taken to POH Medical Center-Clarkston for treatment and detoxification, Combs said, and was allowed to return to his home pending a formal arrest warrant.
Lake Angelus police confirmed the arrest of Wilhelm later that evening for allegedly assaulting his wife, but declined to discuss details of the case.
Wilhelm was arraigned in weekend court on a charge of domestic violence, a misdemeanor carrying a potential sentence of 93 days in jail. Oakland County Assistant Prosecutor Gina Schmidt said bond was set at $50,000 cash, which Wilhelm later paid.
The domestic violence case will be prosecuted in 52-3 District Court in Rochester. Details on the court schedule were not immediately available.
In connection with the Clarkston Union incident, Wilhelm is scheduled for a pretrial conference at 8:30 a.m. on Jan. 28 before 52-2 District Judge Kelley Kostin on charges of assaulting a police officer (a two-year felony), assault and battery (a 93-day misdemeanor) and creating a disturbance (a 90-day misdemeanor).
During arraignment on Jan. 20, Kostin allowed Wilhelm to go free on a $100,000 personal bond (which does not require any payment in advance).
Combs was distressed at the difference in how bond was handled in the two arrests.
During arraignment, everyone agreed with defense attorney Neil Wallace’s argument that Wilhelm, of Wilhelm and Associates Realtors Inc., was not a flight risk. Combs, however, suggested bond of a full $100,000 (no 10 percent) on the basis of ‘danger to society.?
‘My way of thinking is, if he’ll assault a uniformed police officer, he’ll assault anybody,? Combs said. ‘He’s a danger to society.?
Schmidt said the circumstances were such that Kostin did not want to appear ‘punitive,? given the cash bond ordered from the Lake Angelus arrest.
‘It is a high personal bond,? Schmidt said.
Kostin also declined a prosecutor’s motion to order a restriction on Wilhelm’s consumption of alcohol, which also frustrated Combs.
‘Our contention was obvious,? Combs said. ‘When he drinks, he assaults people.?
Neither the restaurant manager nor the police officer suffered serious injury, Combs said.
‘It was an unfortunate and regrettable incident,? Wallace said. ‘Mr. Wilhelm regrets that the incident occurred.?
Wallace is not representing Wilhelm in the domestic violence case, but said he believes that arrest stemmed from a ‘mistake? because of words exchanged which led neighbors to call Lake Angelus police.