DETROIT — Allegheny County Controller Chelsa Wagner could face trial on one felony charge of assaulting, restricting or obstructing an officer, following a preliminary examination in Detroit Thursday in which the judge held over one such count while dismissing another.
The controller faces an arraignment on information in Wayne County Circuit Court on April 25, and a possible trial on one felony count at a later date.
The charge stems from a March 6 encounter with police at the Westin Book Cadillac hotel in Downtown Detroit, after Ms. Wagner and her husband, Khari Mosley, attended a concert in Detroit. Starting at their hotel room door, it continued into an elevator.
"I'm going to bind over on one count of assaulting/resisting/obstructing an officer. I'm not binding over on two counts. The first count had to do with what happened in the [hotel] room," said 36th District Court Judge Ronald Giles. Police, he said, "had no intention of arresting [Ms. Wagner] at that point."
But on the second count, in which Ms. Wagner is accused of blocking police access to an elevator and grabbing onto an officer, Judge Giles found probable cause that she committed a crime.
"She obstructed him, she resisted him, she failed to obey reasonable commands to move. All she had to do was move out of the way. So the court's going to bind over on count two," he said.
If convicted of the felony, she could face imprisonment for as long as two years -- though maximum sentences are rare for first offenders -- and a fine of as much as $2,000. She could also be barred from holding public office in Pennsylvania.
Ms. Wagner stayed in the hotel room while Mr. Mosley went out. He had a disagreement with hotel staff that led to a police call. Police brought Mr. Mosley to the couple’s room, left him there, but quickly returned after they said they heard loud noises from the room. Ms. Wagner argued with them and accompanied them to the hotel elevator.
What happened at the elevator is a matter of dispute, with police saying that Ms. Wagner put her hands on an officer, and the controller saying she was pushed by police.
In morning testimony, Wayne County, Mich., Assistant Prosecutor Erika Tusar brought two hotel employees and one police officer, Edmund Witcher, as witnesses.
Ms. Wagner's trial attorney, Charles Longstreet, brought the other responding officer as a witness. Sections of footage from both officers' body cameras were shown, including footage from Officer Witcher's camera which captured nearly the entire time the officers spent at the hotel.
In body camera footage, Ms. Wagner stands in the way of Officer Witcher, puts her hands on him, and repeats, "This is my hotel room." Mr. Longstreet also pointed out that the footage showed Officer Witcher holding a Taser in one hand.
Mr. Longstreet asked Officer Witcher whether the police were conducting an arrest or a criminal investigation when Ms. Wagner is alleged to have assaulted, resisted or obstructed police. Officer Witcher answered that they were attempting to remove her husband, Khari Mosley, at the request of the hotel staff.
But the decision to remove Mr. Mosley came after officers and security heard loud noises in the room, after Ms. Wagner convinced him to enter the room.
Ms. Tusar argued the noises justified the police's actions. "They cannot just walk away and ignore it. ... They don't know what's going on. They don't know these people. They don't know what he's going to do to her next."
Another of Ms. Wagner's attorneys, Philadelphia-based criminal defense attorney Tom Fitzpatrick, called Ms. Tusar's statement "slanderous." "What is Mr. Mosley going to do to her next? Mr. Mosley never did anything negative to Ms. Wagner."
Mr. Longstreet attempted to convince the judge there was no lawful police action to resist or obstruct in the first place, citing a 2012 Michigan case in which similar charges were thrown out after it was determined that officers entered a home illegally.
"Ms. Wagner holds the right as the renter of that room to say, no, you cannot enter my hotel room, under the constitution," Mr. Longstreet said.
Ms. Tusar argued that even if Mr. Mosley could have lawfully resisted the police based on the 2012 precedent, Ms. Wagner could not do so on his behalf.
Judge Giles agreed with the prosecution that the noise from the room justified the police's actions: "They just can't walk away, so they go back. At this point, because of the loud banging, the hotel has the right to say, you're no longer wanted here."
But he dismissed the felony count related to that part of the encounter, because the police walked away without arresting Ms. Wagner.
Mr. Fitzpatrick called the judge's decision a "validation" of their belief that the case is "overcharged and outrageously charged."
"The burden is extremely low for the prosecution at this point but even given that low burden they were unable to meet that burden on one of the felony charges," said Mr. Fitzpatrick.
On the remaining count, regarding the incident at the elevator, Mr. Fitzpatrick said, "She didn't assault this officer, this officer indeed pushed her to the ground."
But Judge Giles favored the prosecution's interpretation of the body camera footage.
"She was forcefully holding onto the officer, and the officer pushed her off of him," he said, in summarizing the case.
"An assault doesn't have to be violent to be an assault, an assault is an unwanted touching, that's all it is. And the officer kept telling her, in the video, 'Do not touch me,' and she kept doing it," said Judge Giles, echoing a point made repeatedly by Ms. Tusar.
Mr. Fitzpatrick said that as the case moves forward, the defense would be able to bring more evidence, and evaluate the question of criminal intent. "We think it's clear from the circumstances that there's no criminal intent," he said.
Mr. Mosley, 42, who is charged with misdemeanor disorderly conduct and disturbing the peace, faces a final pre-trial conference on April 25 before Judge Kenneth King in 36th District Court.
Both are on $5,000 personal bond with no travel restrictions.
Ms. Wagner’s attorneys have said they will vigorously fight the charges and sue the Detroit police.
Christopher Huffaker: 412-263-1724, chuffaker@post-gazette.com or @huffakingit.
First Published: April 11, 2019, 4:21 p.m.
Updated: April 11, 2019, 9:50 p.m.